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This Act may be cited as the Wildlife Act 1975.
The several provisions of this Act shall come into operation on the day or the respective days to be fixed by proclamation or successive proclamations of the Governor in Council published in the Government Gazette.
S. 1(3) amended by Nos 9505 ss 5(9)(a), 18(2)(a), 9694 s. 2, repealed by No. 41/1987 s. 103(Sch. 4 item 76.1).
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S. 1A inserted by No. 87/1997 s. 4.
The purposes of this Act are—
to establish procedures in order to promote—
the protection and conservation of wildlife; and
the prevention of taxa of wildlife from becoming extinct; and
the sustainable use of and access to wildlife; and
to prohibit and regulate the conduct of persons engaged in activities concerning or related to wildlife.
S. 2 repealed by No. 46/1986 s. 5(1).
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Part I—Preliminary
In this Act unless inconsistent with the context or subject-matter—
S. 3(1) def. of accepted recom-mendation inserted by No. 19/2018 s. 223, substituted by No. 11/2026 s. 64(b).
accepted recommendation, in relation to land, means—
the most recent Government response with respect to any Commissioner's recommendation that applies to the land; or
if there is no such Government response, the most recent Land Conservation Council recommendation that applies to the land (if any);
S. 3(1) def. of aircraft inserted by No. 45/2008 s. 3(1)(a).
aircraft means any machine or equipment that is designed to be flown by a person who has control over its speed and direction of movement, but does not include a hovercraft;
S. 3(1) def. of appointed land inserted by No. 62/2010 s. 132(1).
appointed land, in relation to a Traditional Owner Land Management Board, has the same meaning as in the Conservation, Forests and Lands Act 1987;
S. 3(1) def. of approved Great Ocean Road strategic framework plan inserted by No. 19/2020 s. 116.
approved Great Ocean Road strategic framework plan has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;
S. 3(1) def. of authorisation order inserted by No. 45/2008 s. 3(2)(a).
authorisation order means an order made under section 28G or 28H;
S. 3(1) def. of authorised officer inserted by No. 41/1987 s. 103(Sch. 4 item 76.2), substituted by No. 24/2014 s. 28(2), amended by No. 68/2016 s. 174.
authorised officer means—
a person appointed as an authorised officer under the Conservation, Forests and Lands Act 1987 for the purposes of this Act; or
a person appointed as an authorised officer under the Game Management Authority Act 2014 for the purposes of this Act; or
a person appointed as an authorised officer under Part 3 of the Victorian Fisheries Authority Act 2016 for the purposes of this Act;
S. 3(1) def. of banning notice inserted by No. 11/2014 s. 17(3).
banning notice means a notice given under section 58G;
boat means any form of transportation on water;
buy means buy or purchase and includes agreeing to buy or purchase, receiving or accepting under an agreement to buy or purchase and acquiring by barter or exchange;
S. 3(1) def. of close season amended by No. 87/1997 s. 42(Sch. item 1(a)), substituted by No. 11/2014 s. 17(1).
close season in relation to a kind or taxon of wildlife, means any part or parts of the year during which the taking of that kind or taxon of wildlife is prohibited—
by a notice under section 86; or
by the regulations;
S. 3(1) def. of Commis-sioner's recom-mendation inserted by No. 11/2026 s. 64(a).
Commissioner's recommendation means a recommendation in a report submitted under section 19J(1) or 19U(1) of the Commissioner for Environmental Sustainability Act 2003;
S. 3(1) def. of controlled wildlife amended by No. 87/1997 s. 42(Sch. item 1(b)).
controlled wildlife means any kind or taxon of wildlife declared by the Governor in Council by Order published in the Government Gazette to be controlled wildlife for the purposes of this Act;
S. 3(1) def. of declared area inserted by No. 17/2018 s. 34.
declared area has the same meaning as in the Planning and Environment Act 1987;
S. 3(1) def. of Department inserted by No. 41/1987 s. 103(Sch. 4 item 76.3).
Department has the same meaning as in the Conservation, Forests and Lands Act 1987;
S. 3(1) def. of Director-General inserted by No. 41/1987 s. 103(Sch. 4 item 76.4), repealed by No. 87/1997 s. 5(1)(b).
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S. 3(1) def. of Director repealed by No. 41/1987 s. 103(Sch. 4 item 76.4).
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S. 3(1) def. of Division repealed by No. 41/1987 s. 103(Sch. 4 item 76.5).
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S. 3(1) def. of endangered wildlife inserted by No. 87/1997 s. 5(1)(a), repealed by No. 45/2008 s. 3(2)(b).
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S. 3(1) def. of exclusion order inserted by No. 11/2014 s. 17(3).
exclusion order means an order made under section 58M;
S. 3(1) def. of film friendly principles inserted by No. 51/2014 s. 9(Sch. 2 item 22.1).
film friendly principles has the same meaning as in the Filming Approval Act 2014;
S. 3(1) def. of film permit inserted by No. 51/2014 s. 9(Sch. 2 item 22.1).
film permit has the same meaning as in the Filming Approval Act 2014;
S. 3(1) def. of firearm inserted by No. 87/1997 s. 5(1)(a).
firearm has the same meaning as in the Firearms Act 1996;
S. 3(1) def. of game amended by No. 87/1997 s. 42(Sch. item 1(c)).
game means any kind or taxon of wildlife declared by the Governor in Council by Order published in the Government Gazette to be game for the purposes of this Act;
S. 3(1) def. of game licence inserted by No. 90/1989 s. 12.
game licence means a game licence issued under section 22A;
S. 3(1) def. of Game Management Authority inserted by No. 24/2014 s. 28(1).
Game Management Authority means the Game Management Authority established under Part 2 of the Game Management Authority Act 2014;
S. 3(1) def. of Government response inserted by No. 11/2026 s. 64(a).
Government response means a response published under section 19L(4) or 19W(4) of the Commissioner for Environmental Sustainability Act 2003, including any amendment to the response set out in a statement published under section 19M(6) or 19X(6) of that Act;
S. 3(1) def. of Great Ocean Road coast and parks inserted by No. 19/2020 s. 116.
Great Ocean Road coast and parks has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;
S. 3(1) def. of Great Ocean Road Coast and Parks Authority inserted by No. 42/2021 s. 143(1).
Great Ocean Road Coast and Parks Authority means the Great Ocean Road Coast and Parks Authority established under Part 5 of the Great Ocean Road and Environs Protection Act 2020;
S. 3(1) def. of Great Ocean Road coast and parks protection principles inserted by No. 19/2020 s. 116.
Great Ocean Road coast and parks protection principles has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;
S. 3(1) def. of Great Ocean Road region inserted by No. 19/2020 s. 116.
Great Ocean Road region has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;
S. 3(1) def. of Great Ocean Road scenic landscapes area inserted by No. 19/2020 s. 116.
Great Ocean Road scenic landscapes area has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;
S. 3(1) def. of hunt inserted by No. 87/1997 s. 5(1)(a).
hunt includes pursue, trail, stalk, search for or drive out an animal;
S. 3(1) def. of joint management plan inserted by No. 62/2010 s. 132(1).
joint management plan has the same meaning as in the Conservation, Forests and Lands Act 1987;
S. 3(1) def. of Land Conservation Council recom-mendation inserted by No. 11/2026 s. 64(a).
Land Conservation Council recommendation means a recommendation of the Land Conservation Council under section 5(1) of the Land Conservation Act 1970 (as in force immediately before its repeal) of which notice has been given by the Governor in Council under section 10(3) of that Act (as so in force);
S. 3(1) def. of land manager inserted by No. 19/2018 s. 223, amended by No. 42/2021 s. 143(2).
land manager means—
for Parks Victoria recorded land, Parks Victoria; or
for land controlled and managed by the Great Ocean Road Coast and Parks Authority under section 62Q of the Great Ocean Road and Environs Protection Act 2020, the Great Ocean Road Coast and Parks Authority; or
for all other land, the Secretary;
S. 3(1) def. of limited permit area inserted by No. 45/2008 s. 3(1)(a).
limited permit area means an area that is the subject of a limited permit area determination;
S. 3(1) def. of limited permit area determination inserted by No. 45/2008 s. 3(1)(a).
limited permit area determination means a determination under section 83F;
S. 3(1) def. of member of the police force inserted by No. 87/1997 s. 5(1)(a), repealed by No. 37/2014 s. 10(Sch. item 184.1(b)).
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S. 3(1) def. of notable wildlife inserted by No. 87/1997 s. 5(1)(a), repealed by No. 45/2008 s. 3(2)(b).
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S. 3(1) def. of open season amended by No. 87/1997 s. 42(Sch. item 1(d)), substituted by No. 11/2014 s. 17(2).
open season in relation to a kind or taxon of wildlife, means any part or parts of the year during which the taking of that kind or taxon of wildlife is permitted—
by an order under section 28G; or
by a notice under section 86; or
by the regulations;
S. 3(1) def. of Parks Victoria inserted by No. 19/2018 s. 223.
Parks Victoria has the same meaning as in the Parks Victoria Act 2018;
S. 3(1) def. of Parks Victoria recorded land inserted by No. 19/2018 s. 223.
Parks Victoria recorded land has the same meaning as in the Conservation, Forests and Lands Act 1987;
S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 184.1(a)).
police officer has the same meaning as in the Victoria Police Act 2013;
prescribed means prescribed by regulations under this Act;
proclamation means any proclamation of the Governor in Council made under or continued in force by this Act;
S. 3(1) def. of protected wildlife amended by Nos 9505 s. 2(1)(a)–(c), 52/1994 s. 97(Sch. 3 item 36.1(a)(b)), 87/1997 ss 5(1)(c), 42(Sch. item 1(e)).
protected wildlife means all wildlife other than those kinds or taxon which—
is a pest animal within the meaning of the Catchment and Land Protection Act 1994; or
the Governor in Council from time to time by Order published in the Government Gazette declares to be unprotected wildlife; or
are specified by Order of the Governor in Council published in the Government Gazette pursuant to section 7A;
S. 3(1) def. of seal inserted by No. 45/2008 s. 3(1)(a).
seal means any wildlife that is a member of the family Otariidae or the family Phocidae;
S. 3(1) def. of seal tour inserted by No. 45/2008 s. 3(1)(a).
seal tour means an activity conducted for profit that involves—
one or more persons, on land, observing or interacting with seals; or
one or more persons being in a vessel on water or being in water to observe or swim with one or more seals;
S. 3(1) def. of seal tour permit inserted by No. 45/2008 s. 3(1)(a).
seal tour permit means a permit granted under section 85C;
S. 3(1) def. of Secretary inserted by No. 87/1997 s. 5(1)(a).
Secretary means the body corporate established by Part 2 of the Conservation, Forests and Lands Act 1987;
sell includes barter or exchange and also agreeing to sell or offering or exposing for sale or keeping or having in possession for sale or sending forwarding delivering or receiving for or on sale or authorizing directing causing suffering permitting or attempting any of such acts or things;
S. 3(1) def. of specified birds inserted by No. 24/2014 s. 28(1).
specified birds means the birds prescribed in the Schedule;
S. 3(1) def. of specified hunting area inserted by No. 87/1997 s. 5(1)(a).
specified hunting area means an area declared to be a specified hunting area by regulation under section 58C(2);
S. 3(1) def. of Statement of Planning Policy inserted by No. 17/2018 s. 34.
Statement of Planning Policy has the same meaning as in the Planning and Environment Act 1987;
S. 3(1) def. of structure inserted by No. 87/1997 s. 5(1)(a).
structure includes a hide or blind or other similar structure erected for the purpose of facilitating the hunting, watching or taking of wildlife;
S. 3(1) def. of taxon inserted by No. 87/1997 s. 5(1)(a).
taxon means any species, sub-species, hybrid, genetic grouping or other taxonomic group of any rank into which organisms are categorised;
S. 3(1) def. of the wild inserted by No. 70/1990 s. 6(1)(a).
the wild in relation to any wildlife means the natural habitat of that wildlife or an independent, unpossessed or natural state and not an intentionally domesticated or captive state regardless of the location;
S. 3(1) def. of this Act amended by Nos 7/1988 s. 8(2) (as amended by No. 90/1989 s. 18(2)), 90/1989 s. 17(2).
this Act includes regulations and proclamations made or continued in force under this Act and notices under section 86 or 86A;
S. 3(1) def. of threatened wildlife inserted by No. 45/2008 s. 3(2)(a), amended by No. 28/2019 s. 54.
threatened wildlife means protected wildlife that is specified in the Threatened List under section 10(1) of the Flora and Fauna Guarantee Act 1988;
S. 3(1) def. of tour operator licence inserted by No. 40/2009 s. 41.
tour operator licence means a licence granted under section 21B;
S. 3(1) def. of traditional owner group entity inserted by No. 62/2010 s. 132(1), amended as traditional owner group by No. 4/2013 s. 35(1).
traditional owner group has the same meaning as in the Traditional Owner Settlement Act 2010;
S. 3(1) def. of Traditional Owner Land Management Board inserted by No. 62/2010 s. 132(1).
Traditional Owner Land Management Board has the same meaning as in the Conservation, Forests and Lands Act 1987;
S. 3(1) def. of vessel inserted by No. 45/2008 s. 3(1)(a).
vessel means any kind of vessel that is used, or capable of being used, in navigation by water, however propelled or moved, and includes—
a barge, lighter, floating restaurant or other floating vessel; and
an air-cushion vehicle or other similar craft, that is used in navigation by water; and
any aeroplane that is designed for and capable of being waterborne, for so long as that aeroplane is waterborne;
S. 3(1) def. of whale sightseeing permit inserted by No. 3/2002 s. 3, repealed by No. 45/2008 s. 3(1)(b).
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S. 3(1) def. of whale swim tour inserted by No. 45/2008 s. 3(1)(a).
whale swim tour means an activity conducted for profit that involves one or more persons being in water to observe or swim with one or more whales;
S. 3(1) def. of whale swim tour permit inserted by No. 3/2002 s. 3, substituted by No. 45/2008 s. 3(1)(c).
whale swim tour permit means a permit granted under section 83D;
S. 3(1) def. of whale watching tour inserted by No. 45/2008 s. 3(1)(a).
whale watching tour means an activity conducted for profit that involves causing a vessel or aircraft to approach one or more whales at a distance, that is less than the prescribed minimum distance for the kind of aircraft or vessel, for the purpose of enabling persons on the vessel or aircraft to observe the whale or whales;
S. 3(1) def. of whale watching tour permit inserted by No. 45/2008 s. 3(1)(a).
whale watching tour permit means a permit granted under section 83A;
S. 3(1) def. of wildlife amended by Nos 9505 s. 3(a)–(c), 7/1988 s. 9(a), 47/1988 s. 71(Sch. 4 item 4(a)–(c)), 70/1990 s. 14(a)(i)(ii), 92/1995 s. 163, 87/1997 ss 5(1)(d), 42(Sch. item 1(f)).
wildlife means—
any animal of a vertebrate taxon other than mankind which is indigenous to the whole or part or parts of Australia or its territories or territorial waters, whether or not it occurs elsewhere;
all kinds of deer, non-indigenous quail, pheasants, and partridges and any other taxon of animal which the Governor in Council by Order published in the Government Gazette declares to be wildlife for the purposes of this Act;
any taxon of terrestrial invertebrate animal which is listed under the Flora and Fauna Guarantee Act 1988; and
any hybrids of a kind or taxon of animal specified in or pursuant to paragraphs (a) and (b)—
and except as is otherwise expressly provided in any such Order includes any such animal or any member of a taxon which is bred or kept in captivity or confinement but in Parts I to VI and Parts IX and XI does not include a whale within the meaning of section 75;
S. 3(1) def. of wildlife licence inserted by No. 87/1997 s. 5(1)(a), amended by No. 49/2017 s. 97(1).
wildlife licence means a wildlife licence issued under section 22;
S. 3(1) def. of Yarra protection principles inserted by No. 49/2017 s. 97(2).
Yarra protection principles has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017;
S. 3(1) def. of Yarra River land inserted by No. 49/2017 s. 97(2).
Yarra River land has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017;
S. 3(1) def. of Yarra Strategic Plan inserted by No. 49/2017 s. 97(2).
Yarra Strategic Plan has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017;
S. 3(1) def. of Yarra Strategic Plan area inserted by No. 49/2017 s. 97(2).
Yarra Strategic Plan area has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017.
S. 3(2) amended by No. 92/1995 s. 161(Sch. 2 item 5).
This Act does not apply to fish within the meaning of the Fisheries Act 1995.
Any reference in any other Act or law to the Game Act 1958 or to section 9 or section 10 of the Protection of Animals Act 1966 or to any provisions thereof shall be read and construed as a reference to this Act or the corresponding provisions of this Act (as the case requires).
S. 3(4) amended by Nos 70/1990 s. 4(1), 87/1997 s. 5(2).
Any reference in this Act to wildlife is a reference to wildlife in any form, whether alive or dead and whether the flesh is raw, or cooked or preserved or processed in any manner whatsoever, and includes the skin, pelage, plumage, fur, skeletal material, organs, blood, tissue or any other part thereof and the eggs or any part of the eggs thereof.
S. 3(5) inserted by No. 87/1997 s. 5(3).
The Governor in Council may, by proclamation published in the Government Gazette, declare any taxon of animal to be wildlife for the purposes of this Act.
Note to s. 3 inserted by No. 62/2010 s. 132(2).
Note
Land under this Act may be the subject of a land use activity agreement within the meaning of Part 4 of the Traditional Owner Settlement Act 2010.
S. 4 repealed by No. 87/1997 s. 6, new s. 4 inserted by No. 6/2010 s. 25(5)(Sch. 2 item 14) (as amended by No. 45/2010 s. 6).
This Act is interface legislation within the meaning of the Transport Integration Act 2010.
S. 4A inserted by No. 9694 s. 3, repealed by No. 87/1997 s. 6, new s. 4A inserted by No. 51/2014 s. 9(Sch. 2 item 22.2).
This Act is filming approval legislation within the meaning of the Filming Approval Act 2014.
S. 4B inserted by No. 47/1988 s. 71(Sch. 4 item 5).
The Governor in Council may by Order published in the Government Gazette declare that the parts of this Act specified in the Order do not apply to the taxa of invertebrate animals specified in the Order.
S. 4C inserted by No. 67/2016 s. 36(1).
If a traditional owner group entity has an agreement under Part 6 of the Traditional Owner Settlement Act 2010, any provision of this Act that provides for an offence for carrying out an agreed activity (other than a provision specified in subsection (2)) does not apply to any member of the traditional owner group—
who is bound by the agreement; and
who is carrying out an agreed activity to which the offence applies in accordance with the agreement and on land to which the agreement applies.
For the purpose of subsection (1) the following provisions are specified—
section 49;
section 54;
section 56;
section 58D;
section 58E;
section 58J;
section 58L;
section 58O;
section 58Q;
section 60A;
section 60D;
section 61;
section 62;
section 62A.
S. 4C(3) inserted by No. 38/2017 s. 63.
For the purposes of this section—
a reference in subsection (1) to this Act does not include a reference to the regulations; and
to avoid doubt, subsection (1) does not prevent a provision of the regulations from providing for an offence for carrying out an agreed activity.
S. 5 repealed by No. 87/1997 s. 6.
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S. 6 amended by No. 7/1988 s. 9(b), repealed by No. 87/1997 s. 6.
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S. 7 amended by Nos 9505 s. 4(1), 41/1987 s. 103(Sch. 4 item 76.6), 70/1990 ss 5(2), 14(b)(i)(ii), repealed by No. 87/1997 s. 6.
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S. 7A inserted by No. 9505 s. 2(2).
S. 7A(1) amended by No. 87/1997 s. 42(Sch.
item 2(a)).
Whenever it appears to the Minister that a taxon or kind of protected wildlife is causing injury or damage to—
any building, vineyard, orchard, garden or other property;
any crop, grass, trees or other vegetation; or
S. 7A(1)(c) amended by No. 87/1997 s. 42(Sch.
item 2(a)).
any taxon or kind of animal (including fish)—
in an area of Victoria, the Governor in Council may upon the recommendation of the Minister by an Order published in the Government Gazette declare that taxon or kind of wildlife to be unprotected wildlife in the area and for the period specified therein.
S. 7A(2) amended by No. 87/1997 s. 42(Sch.
item 2(b)).
An Order of the Governor in Council declared pursuant to subsection (1) shall specify the area, conditions, limitations and restrictions including the persons authorized and the methods that they may use to kill, take or otherwise control the taxon or kind of wildlife declared unprotected.
S. 7A(3) amended by Nos 41/1987 s. 103(Sch. 4 item 76.7), 87/1997 s. 42(Sch.
item 2(c)).
Upon the making of the Order the Secretary shall cause notice of the making of the Order to be published in a newspaper circulating generally in the area to which the Order applies and the Secretary may take any other measures that the Secretary considers are necessary to publicize the provisions of the Order.
Notwithstanding any other provision of this Act, the killing or taking of wildlife in accordance with the provisions of an Order declared pursuant to this section shall not constitute an offence against this Act or be unlawful by virtue of any of the provisions of this or any other Act.
S. 7A(5) amended by No. 70/1990 s. 12(1)(a).
Any person who contravenes or fails to comply with any provision, condition, limitation or restriction contained in an Order under this section shall be guilty of an offence against this Act.
Ss 8, 9 repealed by No. 41/1987 s. 103(Sch. 4 item 76.8).
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S. 10 amended by No. 9505 s. 4(2) (as amended by No. 9549 s. 2(1)(Sch. item 254) (as amended by No. 9902 s. 2(1)(Sch. item 230)), repealed by No. 41/1987 s. 103(Sch. 4 item 76.8).
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S. 11 amended by Nos 41/1987 s. 103(Sch. 4 item 76.9), 87/1997 s. 42(Sch.
item 3), repealed by No. 24/2014 s. 29.
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Pt 2 (Heading) amended by No. 9505 s. 5(9)(b).
Part II—State Wildlife Reserves and Nature Reserves
S. 12(1) amended by Nos 9212 s. 2(2), 9505 s. 5(1), 41/1987 s. 103(Sch. 4 item 76.10), 87/1997 s. 42(Sch. item 4(a)).
The Secretary with the consent of the Minister may for the purposes of this Act accept the gift devise or bequest of any land from the donor thereof or from the executor or administrator of any estate which the owner thereof desires to be set aside for the propagation or management of wildlife or the preservation of wildlife habitat and thereupon the land shall be deemed to be unalienated land of the Crown temporarily reserved pursuant to the Crown Land (Reserves) Act 1978 for the purposes of this Act.
S. 12(2) amended by Nos 41/1987 s. 103(Sch. 4 item 76.10), 87/1997 s. 42(Sch. item 4(b)).
The Secretary with the consent of the Minister may accept a donation, gift, or bequest of land conditional upon the donor or a nominee of the donor or a nominee of the testator occupying the land during his lifetime or for a specified period.
S. 13 amended by Nos 41/1987 s. 103(Sch. 4 item 76.11), 87/1997 s. 42(Sch. item 5).
The Secretary with the consent of the Minister may for the purposes of this Act accept the gift devise or bequest of any personal property or of money and may act as executor or administrator of any estate or as trustee of any property real or personal where in the opinion of the Minister it is expedient to do so for or in connexion with giving effect to the objects of this Act.
S. 14 (Heading) inserted by No. 19/2018 s. 224(1).
S. 14 substituted by No. 9505 s. 5(2), amended by Nos 41/1987 s. 103(Sch. 4 item 76.12), 87/1997 s. 42(Sch.
item 6), 19/2018 s. 224(2)(a).
The land manager shall have the management and control of any lands—
accepted under section 12; and
of the Crown which pursuant to the provisions of the Crown Land (Reserves) Act 1978 or any corresponding previous enactment are temporarily or permanently reserved from sale or from being leased or from having a licence granted in respect thereof and which—
have been set aside for the propagation or management of wildlife or the preservation of wildlife habitat; or
S. 14(b)(ii) amended by Nos 41/1987 s. 103(Sch. 4 item 76.12), 87/1997 s. 42(Sch. item 6), 19/2018 s. 224(2)(b).
have been set aside for another purpose specified in section 4(1) of the Crown Land (Reserves) Act 1978 and in respect of which pursuant to an accepted recommendation the Minister considers that it would be appropriate for the land manager to have the management and control of such lands, and the Governor in Council by Order published in the Government Gazette pursuant to section 18(1) of the Crown Land (Reserves) Act 1978 places such lands under the control and management of the land manager for the purposes for which it is reserved.
S. 14A (Heading) substituted by No. 19/2018 s. 225(1).
S. 14A inserted by No. 49/2017 s. 98.
S. 14A(1) amended by No. 19/2018 s. 225(2).
The land manager—
S. 14A(1)(a) amended by No. 19/2018 s. 225(2).
must not act inconsistently with any part of a Yarra Strategic Plan that is expressed to be binding on the land manager when performing a function or duty or exercising a power under this Act in relation to Yarra River land; and
S. 14A(1)(b) amended by No. 19/2018 s. 225(2).
must have regard to the Yarra protection principles, and those parts of a Yarra Strategic Plan not expressed to be binding on the land manager, when performing a function or duty or exercising a power under this Act in relation to the Yarra Strategic Plan area that may affect Yarra River land.
S. 14A(2) amended by No. 19/2018 s. 225(3), substituted by No. 43/2021 s. 219(Sch. 1 item 15.1).
Subsection (1) does not apply to the performance of a function or the exercise of a power by the land manager in relation to—
a declared project within the meaning of the Major Transport Projects Facilitation Act 2009; or
a Suburban Rail Loop project within the meaning of the Suburban Rail Loop Act 2021.
S. 14B (Heading) amended by Nos 40/2020 s. 115(1), 42/2021 s. 144.
S. 14B inserted by No. 17/2018 s. 35.
14B Obligations of Secretary, Parks Victoria or the Great Ocean Road Coast and Parks Authority in relation to declared areas
S. 14B(1) amended by No. 40/2020 s. 115(2).
The land manager, when performing a function or duty or exercising a power under this Act in relation to a declared area—
S. 14B(1)(a) amended by No. 40/2020 s. 115(3).
(a) must not act inconsistently with any part of a Statement of Planning Policy that is expressed to be binding on the land manager or the committee of management; and
S. 14B(1)(b) amended by No. 40/2020 s. 115(3).
must have regard to those parts of the Statement of Planning Policy not expressed to be binding on the land manager or the committee of management; and
must have regard to the principles set out in section 46AZL of the Planning and Environment Act 1987.
S. 14B(2) amended by No. 40/2020 s. 115(4), substituted by No. 43/2021 s. 219(Sch. 1 item 15.2).
Subsection (1) does not apply to the performance of a function or the exercise of a power by the land manager or the committee of management in relation to—
a declared project within the meaning of the Major Transport Projects Facilitation Act 2009; or
a Suburban Rail Loop project within the meaning of the Suburban Rail Loop Act 2021.
S. 14C (Heading) amended by No. 42/2021 s. 145.
S. 14C inserted by No. 19/2020 s. 117.
14C Obligations of Secretary, Parks Victoria and the Great Ocean Road Coast and Parks Authority in relation to the Great Ocean Road region
The land manager, when performing a function or duty or exercising a power under this Act or any other Act—
must not act inconsistently with any part of an approved Great Ocean Road strategic framework plan that is expressed to be binding on the land manager in relation to the Great Ocean Road scenic landscapes area; and
must have regard to the Great Ocean Road coast and parks protection principles in relation to the Great Ocean Road coast and parks; and
must have regard to those parts of an approved Great Ocean Road strategic framework plan not expressed to be binding on the land manager in relation to the Great Ocean Road region.
Subsection (1) does not apply to the performance of a function or the exercise of a power by the land manager in relation to a declared project within the meaning of the Major Transport Projects Facilitation Act 2009.
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