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Bill homepage (legislation.vic.gov.au)The main purpose of this Act is to confer additional functions and powers on the Victorian Plantations Corporation, a State body established under the State Owned Enterprises Act 1992 and to make further provision for the management of plantations.
Part 1 comes into operation on the day on which this Act receives the Royal Assent.
The remaining provisions of this Act come into operation on a day or days to be proclaimed.
In this Act—
Corporation means the Victorian Plantations Corporation established as a State body by Order of the Governor in Council published in the Government Gazette on 13 May 1993[1];
S. 3 def. of Director-General repealed by No. 76/1998 s. 17(1)(a).
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S. 3 def. of forest produce amended by Nos 67/1995 s. 58(Sch. 1 item 15.1), 63/2006 s. 61(Sch. item 33.1), 6/2009 s. 58(1).
forest produce means—
vegetation of any kind, whether living or dead; or
any produce or substance derived from vegetation; or
s. 3
stone within the meaning of the Mineral Resources (Sustainable Development) Act 1990; or
honey or beeswax—
but does not include a mineral within the meaning of the Mineral Resources (Sustainable Development) Act 1990;
freehold land means land granted to or acquired by the Corporation under Division 2 of Part 3;
S. 3 def. of key diagram inserted by No. 92/1994 s. 4.
key diagram means any one of the plans numbered LEGL/93-179/1 to LEGL/93-182/1 in Schedule 1;
managed land means land to which Division 3 of Part 3 applies;
road includes—
Crown land proclaimed or reserved as a road under any Act; or
Crown land shown as a road on a map or plan lodged in the Central Plan Office—
irrespective of whether the road is, or is not, used or is, or is not, formed or sealed;
S. 3 def. of Secretary inserted by No. 76/1998 s. 17(1)(b).
Secretary means the body corporate established by Part 2 of the Conservation, Forests and Lands Act 1987;
vested land means land vested in the Corporation under Division 1 of Part 3.
s. 3
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s. 4
Without limiting the generality of other powers conferred on the Corporation—
the Corporation may—
be a member of a body corporate, association, partnership, trust or other body; or
form, or participate in the formation of, a body corporate, association, partnership, trust or other body; or
enter into a joint venture with another person or other persons;
the Corporation may—
accept gifts, grants, bequests and devises;
act as trustee.
The powers of the Corporation include the following—
to take or convert or permit the taking or conversion of forest produce from freehold land, managed land or vested land;
to sell or otherwise dispose of forest produce which it takes;
to charge royalties, rent or fees for—
forest produce that the Corporation permits to be taken; or
leases, licences, permits or other authorities granted by the Corporation; or
services provided by the Corporation.
S. 5A inserted by No. 35/1998 s. 4.
s. 5A
Despite anything to the contrary in the State Owned Enterprises Act 1992—
the board of directors of the Corporation may consist of 2, 3 or 4 directors; and
if the Treasurer so determines, the board is not required to prepare a corporate plan in respect of a year; and
sections 22 and 34 of that Act apply as if a reference in those sections to 2 or more directors were a reference to one or more directors.
S. 6 amended by Nos 46/1998 s. 7(Sch. 1), 74/2000 s. 3(Sch. 1 item 140.1).
The Corporation and the Secretary may enter into agreements or arrangements, including agreements or arrangements relating to—
the supply of goods or services;
the prevention and suppression of fire.
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s. 7
S. 7(1) amended by No. 92/1994 s. 5(a)(i)(ii).
If an area shown on a plan referred to in Schedule 1 other than a key diagram is shown or described in that plan or on any of the key diagrams as extending over two or more plans, the boundaries of that area for the purposes of this Division must be taken to be the boundary shown on all the plans over which the area extends, and for that purpose those plans must be read as one plan.
S. 7(2) amended by No. 92/1994 s. 5(b)(i).
For the purpose of area identification, the particular areas shown on plans referred to in Schedule 1 other than the key diagrams are—
S. 7(2)(a) amended by No. 92/1994 s. 5(b)(ii).
generally described and shown bounded by broken lines and joined dotted lines on plan No. LEGL/93–182/1, in the case of Strzelecki Plantations; and
S. 7(2)(b) amended by No. 92/1994 s. 5(b)(iii).
(b) generally described and shown coloured black on plans LEGL/93–179/1 to LEGL/93–181/1, in the case of the other plantations.
By force of this section, the following land vests in the Corporation—
the land bordered in red on the plans listed in Schedule 1, excluding the lands coloured yellow and bordered in blue on those plans;
(b) the land bordered in green on plan LEGL/93–12;
(c) the land bordered in green on plan LEGL/93–120;
(d) the land coloured brown on plans LEGL/93–158, LEGL/93–159, LEGL/93–162 and LEGL/93–169.
By force of this section, the land referred to in subsection (1)(b) ceases to be a national park.
By force of this section, the land referred to in subsection (1)(c) ceases to be a State park.
By force of this section, the land referred to in subsection (1)(d) is divested from the Public Transport Corporation.
S. 8A inserted by No. 92/1994 s. 6.
s. 8A
By force of this section—
upon a plan being listed in Schedule 1 by the Victorian Plantations Corporation (Amendment) Act 1994, land bordered in red on the plan, excluding land coloured yellow or bordered in blue on the plan, vests in the Corporation; and
upon a plan being substituted in Schedule 1 by the Victorian Plantations Corporation (Amendment) Act 1994, land bordered in red on the plan, excluding land coloured yellow or bordered in blue on the plan which is not already vested in the Corporation, vests in the Corporation.
(2) By force of this section, upon plans LEGL/93-14/1, LEGL/93-158/1, LEGL/93-162/1 and LEGL/93-169/1 being substituted in Schedule 1, land coloured brown on those plans divests from the Public Transport Corporation and vests in the Corporation.
S. 8B inserted by No. 92/1994 s. 6.
s. 8B
By force of this section—
(a) upon plans LEGL/93-16/1, LEGL/93-113/1, LEGL/93-125/1, LEGL/93-128/1, LEGL/93-130/1, LEGL/93-131/1, LEGL/93-132/1, LEGL/93-133/1, and LEGL/93-134/1 being substituted in Schedule 1, land coloured pink on the plans divests from the Corporation and reverts to the Crown as unalienated Crown land; and
(b) upon plans LEGL/93-16/1, LEGL/93-40/1, LEGL/93-78/1, LEGL/93-125/1, LEGL/93-127/1, LEGL/93-132/1, LEGL/93-137/1 and LEGL/93-142/1 being substituted in Schedule 1, land coloured green on those plans divests from the Corporation and reverts to the Crown and is deemed to be reserved forest; and
(c) upon plans LEGL/93-124/1 and LEGL/93-132/1 being substituted in Schedule 1, land coloured light blue on those plans divests from the Corporation and reverts to the Crown and is deemed to be temporarily reserved under the Crown Land (Reserves) Act 1978 for public purposes; and
upon plan LEGL/93-132/1 being substituted in Schedule 1, the whole of the interest of the Corporation in land coloured golden brown on the plan vests in the Government Employee Housing Authority established under the Government Employee Housing Authority Act 1981.
S. 8C inserted by No. 92/1994 s. 6.
s. 8C
Land coloured grey upon plans LEGL/93-22/1, LEGL/93-90/1, LEGL/93-91/1, LEGL/93-94/1, LEGL/93-100/1 and LEGL/93-108/1 listed in Schedule 1 is deemed never to have been vested in the Corporation and any folio of the Register kept under the Transfer of Land Act 1958 and any registered interest or dealing with respect to that land is as effective and is deemed always to have been as effective as if that land had never been vested in the Corporation.
S. 8D inserted by No. 92/1994 s. 6.
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