Land Conservation (Vehicle Control) Act 1972

Authorised by the Chief Parliamentary Counsel i Authorised Version No. 021 Land Conservation (Vehicle Control) Act 1972 No. 8379 of 1972 Authorised Version incorporating amendments as at 15 December 2017 TABLE OF PROVISIONS Section Page 1 Short title and commencement 1 2 Definition 1 3 Regulations 2 4 Proceedings for contravention of regulations 3 5 Erosion hazard areas 4 ═══════════════ Endnotes 6 1 General information 6 2 Table of Amendments 8 3 Amendments Not in Operation 10 4 Explanatory details 11 Authorised by the Chief Parliamentary Counsel 1 Authorised Version No. 021 Land Conservation (Vehicle Control) Act 1972 No. 8379 of 1972 Authorised Version incorporating amendments as at 15 December 2017 An Act to make Provision with respect to Vehicular Traffic on Public Land, the Prevention of Soil Erosion of and Damage to Public Land, to amend the Local Government Act 1958 and for other purposes. BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say): 1 Short title and commencement (1) This Act may be cited as the Land Conservation (Vehicle Control) Act 1972. (2) The several provisions of this Act shall come into operation on a day or the respective days to be fixed by proclamation or successive proclamations of the Governor in Council published in the Government Gazette. 2 Definition In this Act— S. 2 amended by No. 41/1997 s. 27, substituted by No. 81/2001 s. 29. Authorised by the Chief Parliamentary Counsel Land Conservation (Vehicle Control) Act 1972 No. 8379 of 1972 2 public land means— (a) any unalienated land of the Crown, including land temporarily or permanently reserved under the Crown Land (Reserves) Act 1978; (b) State forest within the meaning of the Forests Act 1958; (c) park, within the meaning of the National Parks Act 1975; * * * * * (e) land vested in any public authority, other than a municipal council. 3 Regulations (1) Notwithstanding anything in any Act the Governor in Council may make regulations for or with respect to— (a) prohibiting or regulating traffic or any class or classes of traffic on public land; and (b) prohibiting or regulating the use of vehicles on public land. (2) Regulations under this section— (a) may be general or may be restricted in operation as to time place vehicles persons or circumstances whether any such time place vehicle person or circumstance is determined or ascertainable before at or after the making of the regulations; (ab) may confer a discretionary authority or impose a power or duty on any specified person or body or class of specified person or body; S. 2 def. of public land amended by No. 51/2016 s. 29. S. 3(2)(ab) inserted by No. 51/2016 s. 30(1). Authorised by the Chief Parliamentary Counsel Land Conservation (Vehicle Control) Act 1972 No. 8379 of 1972 3 (b) may authorize the delegation of any powers duties or discretions under the regulations to any person or body having the management or control of any public land or any person in the service of any such person or body; (c) may prescribe penalties not exceeding 20 penalty units for any contravention of the regulations; and (d) shall have full force and effect notwithstanding anything in any regulation or by-law under any other Act. 4 Proceedings for contravention of regulations Proceedings for any contravention of a regulation under this Act may be taken— (a) by a police officer within the meaning of the Victoria Police Act 2013; (b) in the case of a contravention of a regulation in relation to public land which is under the management or control of any person or body, by that person or body; or (c) by a person appointed as an authorised officer for the purposes of this Act under— (a) Part 9 of the Conservation, Forests and Lands Act 1987; or (b) Part 3 of the Victorian Fisheries Authority Act 2016; or S. 3(2)(c) amended by No. 51/2016 s. 30(2). S. 4 (Heading) inserted by No. 51/2016 s. 31(1). S. 4 amended by No. 51/2016 s. 31(2). S. 4(a) substituted by No. 37/2014 s. 10(Sch. item 93). S. 4(b) amended by No. 51/2016 s. 31(2). S. 4(c) amended by Nos 8702 s. 55(9), 41/1987 s. 103(Sch. 4 item 41.1), 51/2016 s. 31(3), substituted by No. 68/2016 s. 168. Authorised by the Chief Parliamentary Counsel Land Conservation (Vehicle Control) Act 1972 No. 8379 of 1972 4 * * * * * 5 Erosion hazard areas (1) The Governor in Council on the recommendation of the Secretary may by proclamation published in the Government Gazette— (a) declare any public land to be an erosion hazard area; and (b) revoke or vary any such declaration. (2) The Secretary shall not make a recommendation under subsection (1) in respect of land under the management or control of any person or body except at the request of that person or body. (3) Public land may be described in a proclamation under subsection (1) by reference to a plan or map kept in the Central Plan Office and where it is so described a copy of the plan or map shall be kept— (a) by any person or body having the management or control of the land; and (b) at all police stations in the vicinity of the land. (4) Any copy of a plan or map kept pursuant to subsection (3) shall at all reasonable times be open for inspection by any member of the public without fee. S. 4(d) inserted by No. 8702 s. 55(9), repealed by No. 51/2016 s. 31(4). S. 5(1) amended by Nos 52/1994 s. 97(Sch. 3 item 19), 76/1998 s. 12(1)(a). S. 5(2) amended by Nos 52/1994 s. 97(Sch. 3 item 19), 76/1998 s. 12(1)(a). S. 5(3) amended by Nos 41/1987 s. 103(Sch. 4 item 41.3), 76/1998 s. 12(1)(b), 70/2013 s. 4(Sch. 2 item 25), 51/2016 s. 32(1), 53/2017 s. 80. Authorised by the Chief Parliamentary Counsel Land Conservation (Vehicle Control) Act 1972 No. 8379 of 1972 5 (5) Except with the written permission of the proper authority, a person within an erosion hazard area shall not— (a) have in his possession or use any motorized vehicle; (b) remove or damage any vegetation; (c) take or remove any sand gravel rock clay or earth; (d) interfere with any erosion prevention works; or (e) cause any water or other fluid to be drained or to flow over the area. Penalty: 20 penalty units. (6) In this section— proper authority— (a) in relation to public land vested in or under the management or control of a person or body means that person or body; and (b) in relation to any other public land means the Minister; Secretary means the body corporate established by Part 2 of the Conservation, Forests and Lands Act 1987. * * * * * ═══════════════ S. 5(5) amended by No. 51/2016 s. 32(2). S. 5(6) substituted by No. 76/1998 s. 12(2). S. 6 repealed by No. 9863 s. 2(Sch.). Authorised by the Chief Parliamentary Counsel Endnotes Land Conservation (Vehicle Control) Act 1972 No. 8379 of 1972 6 Endnotes 1 General information See www.legislation.vic.gov.au for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information. The Land Conservation (Vehicle Control) Act 1972 was assented to on 19 December 1972 and came into operation on 17 September 1973: Government Gazette 5 September 1973 page 3103. INTERPRETATION OF LEGISLATION ACT 1984 (ILA) Style changes Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act. References to ILA s. 39B Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause. Interpretation As from 1 January 2001, amendments to section 36 of the ILA have the following effects: • Headings All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A). • Examples, diagrams or notes All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A). Authorised by the Chief Parliamentary Counsel Endnotes Land Conservation (Vehicle Control) Act 1972 No. 8379 of 1972 7 • Punctuation All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B). • Provision numbers All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C). • Location of "legislative items" A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B. • Other material Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act. See section 36(3)(3D)(3E). Authorised by the Chief Parliamentary Counsel Endnotes Land Conservation (Vehicle Control) Act 1972 No. 8379 of 1972 8 2 Table of Amendments This publication incorporates amendments made to the Land Conservation (Vehicle Control) Act 1972 by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– National Parks Act 1975, No. 8702/1975 Assent Date: 16.5.75 Commencement Date: 1.12.75: Government Gazette 26.11.75 p. 3888 Current State: All of Act in operation Statute Law Revision (Repeals) Act 1982, No. 9863/1982 Assent Date: 5.1.83 Commencement Date: 5.1.83: s. 1(2) Current State: All of Act in operation Conservation, Forests and Lands Act 1987, No. 41/1987 Assent Date: 19.5.87 Commencement Date: S. 103(Sch. 4 items 41.1–41.3) on 1.7.87: Government Gazette 24.6.87 p. 1694 Current State: This information relates only to the provision/s amending the Land Conservation (Vehicle Control) Act 1972 Catchment and Land Protection Act 1994, No. 52/1994 Assent Date: 15.6.94 Commencement Date: S. 97(Sch. 3 item 19) on 15.12.94: s. 2(3) Current State: This information relates only to the provision/s amending the Land Conservation (Vehicle Control) Act 1972 Environment Conservation Council Act 1997, No. 41/1997 Assent Date: 11.6.97 Commencement Date: S. 27 on 1.7.97: Special Gazette (No. 75) 1.7.97 p. 1 Current State: This information relates only to the provision/s amending the Land Conservation (Vehicle Control) Act 1972 Conservation, Forests and Lands (Miscellaneous Amendments) Act 1998, No. 76/1998 Assent Date: 10.11.98 Commencement Date: S. 12 on 15.12.98: s. 2(5) Current State: This information relates only to the provision/s amending the Land Conservation (Vehicle Control) Act 1972 Victorian Environmental Assessment Council Act 2001, No. 81/2001 Assent Date: 4.12.01 Commencement Date: S. 29 on 31.12.01: s. 2(3) Current State: This information relates only to the provision/s amending the Land Conservation (Vehicle Control) Act 1972 Authorised by the Chief Parliamentary Counsel Endnotes Land Conservation (Vehicle Control) Act 1972 No. 8379 of 1972 9 Statute Law Revision Act 2013, No. 70/2013 Assent Date: 19.11.13 Commencement Date: S. 4(Sch. 2 item 25) on 1.12.13: s. 2(1) Current State: This information relates only to the provision/s amending the Land Conservation (Vehicle Control) Act 1972 Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014 Assent Date: 3.6.14 Commencement Date: S. 10(Sch. item 93) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 Current State: This information relates only to the provision/s amending the Land Conservation (Vehicle Control) Act 1972 Crown Land Legislation Amendment Act 2016, No. 51/2016 Assent Date: 18.10.16 Commencement Date: Ss 29–32 on 19.10.16: s. 2 Current State: This information relates only to the provision/s amending the Land Conservation (Vehicle Control) Act 1972 Victorian Fisheries Authority Act 2016, No. 68/2016 Assent Date: 15.11.16 Commencement Date: S. 168 on 1.7.17: s. 2(2) Current State: This information relates only to the provision/s amending the Land Conservation (Vehicle Control) Act 1972 Parks and Crown Land Legislation Amendment Act 2017, No. 53/2017 Assent Date: 24.10.17 Commencement Date: S. 80 on 15.12.17: Special Gazette (No. 433) 12.12.17 p. 1 Current State: This information relates only to the provision/s amending the Land Conservation (Vehicle Control) Act 1972 ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– Authorised by the Chief Parliamentary Counsel Endnotes Land Conservation (Vehicle Control) Act 1972 No. 8379 of 1972 10 3 Amendments Not in Operation There are no amendments which were Not in Operation at the date of this publication. Authorised by the Chief Parliamentary Counsel Endnotes Land Conservation (Vehicle Control) Act 1972 No. 8379 of 1972 11 4 Explanatory details No entries at date of publication.