Resorts
Alpine (Management) (Amendment) Act 2004
Act No. 24/2004
table of provisions
Section Page
Part 1-Preliminary 1
1. Purpose 1
2. Commencement 2
Part 2-General Amendments to the Alpine Resorts (Management) Act 1997 3
3. Insertion of new section 1A 3
1A. Object 3
4. Definitions 4
5. Contributions 4
6. Membership of the Council 4
7. Functions of the Council 5
8. Insertion of new Division 4 in Part 3 5
Division 4-Alpine Resorts Strategic Plan 5
33A. Preparation of Alpine Resorts Strategic Plan 5
33B. Contents of Plan 6
33C. Consideration of Plan by Minister 6
33D. Notice of endorsed Plan 7
33E. Tabling of copy of endorsed Plan 7
33F. Review of Plan 7
33G. Consideration by the Minister of review of Plan 9
33H. Land managers and other Authorities to take Plan into account 10
9. Ministerial directions 10
10. Functions of Boards 11
11. Insertion of new Division 4 in Part 4 12
Division 4-Strategic Management Plans for Alpine
Resorts 12
56A. Preparation of Strategic Management Plans 12
56B. Contents of Strategic Management Plan 13
56C. Preparing the Strategic Management Plan 13
56D. Consideration of Strategic Management Plan by
Minister 14
56E. Notice of endorsed Strategic Management Plan 15
56F. Review of Strategic Management Plan 16
56G. Consideration by the Minister of review of Strategic Management
Plan 17
56H. Land managers and other Authorities to take Strategic Management
Plan into account 18
12. Regulation making powers 19
Part 3-Provision for the Mount Buller and Mount Stirling Alpine Resort
Management Board 20
13. Board deemed to be committee of management 20
14. Establishment of the Mount Buller and Mount Stirling Alpine Resort
Management Board 20
15. Functions of Boards 20
16. Substitution of Division 2 of Part 6 21
Division 2-Transitional Arrangements for Mount Buller Alpine Resort
Management Board 21
66. Definitions 21
67. Transfer of property etc. from old Board to new Board 21
68. Staff to be transferred from the old Board to the new Board 22
Division 3-Transitional Arrangements for Mount Stirling Alpine Resort
Management Board 25
69. Definitions 25
70. Transfer of property etc. from old Board to new Board 25
71. Staff to be transferred from the old Board to the new Board 26
(((((((((((((((
Endnotes 29
[pic]
Victoria
No. 24 of 2004
Alpine Resorts (Management) (Amendment) Act 2004(
[Assented to 25 May 2004]
The Parliament of Victoria enacts as follows:
Part 1-Preliminary
1. Purpose
The purpose of this Act is to amend the Alpine Resorts
(Management) Act 1997-
(a) to make provision in relation to an object for the Act and to
make further provision in relation to the functions of the
Alpine Resorts Co-ordinating Council and the Alpine Resort
Management Boards;
(b) to provide for strategic planning for alpine resorts;
(c) to provide for the amalgamation of certain Alpine Resort
Management Boards;
(d) to make other minor provisions in relation to the Act.
2. Commencement
s. 2
(1) This Act, other than Part 3, comes into operation on the day
after the day on which it receives the Royal Assent.
(2) Part 3 comes into operation on a day or days to be proclaimed.
(3) If a provision referred to in sub-section (2) does not come
into operation before 1 February 2005, it comes into operation on
that day.
__________________
See:
Act No.
89/1997.
Reprint No. 1
as at
15 December 1998
and amending
Act Nos
49/2000, 50/2000 and 69/2000.
LawToday:
www.dms.
dpc.vic.
gov.au
Part 2-General Amendments to the Alpine Resorts (Management) Act 1997
3. Insertion of new section 1A
s. 3
After section 1 of the Alpine Resorts (Management) Act 1997
insert-
"1A. Object
The object of this Act is to make provision in respect of
alpine resorts-
(a) for the development, promotion, management and use of the
resorts on a sustainable basis and in a manner that is
compatible with the alpine environment, having regard to-
(i) environmental and ecological considerations, in particular,
climate change; and
(ii) economic considerations; and
(iii) cultural heritage considerations, in particular, Indigenous
cultural heritage considerations; and
(b) for the use of the resorts-
(i) primarily for alpine recreation and tourism; and
(ii) in all seasons of the year; and
(iii) by persons from varied cultural and economic groups.".
4. Definitions
s. 4
In section 3 of the Alpine Resorts (Management) Act 1997-
(a) insert the following definitions-
' "Alpine Resorts Strategic Plan" means the Alpine Resorts
Strategic Plan endorsed under Division 4 of Part 3;
"ski lift" means any mechanism (not being a vehicle) provided
for the transport of persons up and between ski slopes;
"Strategic Management Plan" means a Strategic Management Plan
endorsed under Division 4 of Part 4;';
(b) in the definition of "Central Plan Office", for "Department of
Natural Resources and Environment" substitute "Department of
Sustainability and Environment".
5. Contributions
In section 13(1) of the Alpine Resorts (Management) Act 1997-
(a) for "in the resort" substitute "for the resort";
(b) for "snowmaking." substitute "snowmaking;";
(c) at the end of the sub-section insert-
"(j) transport.".
6. Membership of the Council
In section 17(c) of the Alpine Resorts (Management) Act 1997, for
"3" substitute "4".
7. Functions of the Council
s. 7
Before section 18(a) of the Alpine Resorts (Management) Act 1997
insert-
"(aa) to plan for and facilitate the establishment, development,
promotion, management and use of alpine resorts in accordance
with the object of this Act;
(ab) to undertake research into alpine resort issues;
(ac) to liaise with and encourage the co-operation of all State and
local government authorities, industries, communities and
other persons involved in the development, promotion,
management and use of alpine resorts;
(ad) to review and co-ordinate the implementation of the Alpine
Resorts Strategic Plan;
(ae) to monitor the development and implementation of Strategic
Management Plans for each alpine resort;".
8. Insertion of new Division 4 in Part 3
After section 33 of the Alpine Resorts (Management) Act 1997
insert-
"Division 4-Alpine Resorts Strategic Plan
33A. Preparation of Alpine Resorts Strategic Plan
The Minister must cause an Alpine Resorts Strategic Plan to
be prepared.
33B. Contents of Plan
(1) The Alpine Resorts Strategic Plan must set out-
(a) the strategic objectives that are to be achieved in relation to
alpine resorts; and
(b) the main directions and principles that are to be followed to
achieve the objectives; and
(c) the strategic actions that may be taken to implement the Plan.
(2) The Alpine Resorts Strategic Plan must be-
(a) consistent with, and seek to achieve, the object of this Act;
and
(b) consistent with the purposes for which any land in each alpine
resort that is reserved or deemed to be reserved under
the Crown Land (Reserves) Act 1978 is so reserved.
33C. Consideration of Plan by Minister
s. 8
(1) The Minister must consider the Plan prepared under section 33A
for the purpose of determining whether or not the Plan
complies with section 33B and may-
(a) endorse the Plan if he or she is of the opinion that it does
so; or
(b) require the Plan to be amended to ensure that it complies with
section 33B, before endorsing the Plan.
(2) The Minister may include in the Plan endorsed under sub-section
(1)(a) or (b) any Government proposals for implementation of
the Plan.
33D. Notice of endorsed Plan
(1) The Minister must cause notice of the endorsement of the Alpine
Resorts Strategic Plan to be published in the Government
Gazette as soon as practicable after it is endorsed under
section 33C.
(2) The Plan comes into operation on the date that notice is
published in the Government Gazette or on any later day
stated in the Plan.
33E. Tabling of copy of endorsed Plan
s. 8
On the Minister endorsing the Alpine Resorts Strategic Plan
under section 33C, the Minister must cause a copy of the
endorsed Plan to be laid before each House of Parliament
within 7 sitting days after notice of that endorsement is
published in the Government Gazette.
33F. Review of Plan
(1) The Council must review the Alpine Resorts Strategic Plan-
(a) at any time at the direction of the Minister; or
(b) if no direction is given, at the end of 5 years following-
(i) the endorsement of the Plan; or
(ii) the completion of the last review of the Plan, being, if the
Plan has been amended, the endorsement of the Plan as
amended, or, if the Plan has not been amended, the
endorsement of the decision by the Minister under
section 33G(1)(b)(i) not to amend the Plan.
(2) The Council may review the Plan at any time with the approval
of the Minister.
(3) In reviewing the Plan, the Council must consult with-
(a) each Board; and
(b) any Minister or public authority whose interests the Council
considers are likely to be affected by the review; and
(c) the municipal council of any municipal district which is
adjacent to an alpine resort; and
(d) the holders of leases over land in an alpine resort or of
licences to use land in an alpine resort; and
(e) any other persons or local organisations whose interests the
Council considers are likely to be affected by the
review.
s. 8
(4) The Council may comply with sub-section (3)(c), (d) and (e) by-
(a) if the Plan is proposed to be amended, making the Plan as
proposed to be amended available for inspection by the
public for at least 4 weeks; and
(b) publishing a notice in a newspaper circulating generally in the
areas affected by the Plan, stating where and when the
Plan as proposed to be amended can be inspected, and
inviting public comment on the Plan by a set date; and
(c) considering any comments made by the set date; and
(d) making any appropriate changes to the Plan as proposed to
be amended.
(5) The Council may take any other steps it thinks appropriate to
involve the community in the preparation of the Plan.
(6) On completing the review of the Plan, the Council must refer
its decision on the review of the Plan, to the Minister for
consideration.
33G. Consideration by the Minister of review of Plan
s. 8
(1) The Minister must consider the decision of the Council referred
to the Minister under section 33F(6) and may-
(a) if the Council has proposed to amend the Plan-
(i) endorse the Plan as proposed to be amended; or
(ii) endorse the Plan with any further amendments the Minister
considers appropriate; or
(iii) refer the Plan back to the Council for further consideration;
or
(b) if the Council has not proposed to amend the Plan-
(i) endorse the Council's decision not to amend the Plan; or
(ii) endorse the Plan with any further amendments the Minister
considers appropriate; or
(iii) require the Council to further consider the Plan.
(2) If the Minister has endorsed a Plan, as proposed to be amended
under sub-section (1), sections 33D and 33E apply to the Plan
as proposed to be amended in the same way as they apply to
the Plan prepared under section 33A.
(3) If the Minister has decided to endorse the Council's decision
not to amend the Plan under sub-section (1)(b), the Minister
must inform the Council, in writing of that decision, as soon
as possible after making it.
33H. Land managers and other Authorities to take Plan into account
In carrying out a function involving land management or land
use planning-
(a) on behalf of the Crown; or
(b) under an Act-
a Board, Minister, public authority, committee of management
of reserved Crown land or municipal council must take all
reasonable steps to give effect to the Alpine Resorts
Strategic Plan.".
9. Ministerial directions
s. 9
(1) After section 36(1) of the Alpine Resorts (Management) Act 1997
insert-
"(1A) The Minister may direct a Board of an alpine resort to expend
or apply revenue of the Board for any purpose (whether or not
related to an alpine resort for which the Board is
established) being a purpose that is not inconsistent with
the object of this Act.".
(2) In section 36(2) of the Alpine Resorts (Management) Act 1997,
after "sub-section (1)" insert "or (1A)".
10. Functions of Boards
s. 10
(1) In section 38(1) of the Alpine Resorts (Management) Act 1997-
(a) before paragraph (a) insert-
"(aa) to plan for the development, promotion, management and use, of
each such alpine resort in accordance with the object of
this Act;
(ab) to-
(i) develop and promote; or
(ii) facilitate the development or promotion by others of-
the use of each such alpine resort in accordance with the
object of this Act;
(ac) to manage each such alpine resort in accordance with the object
of this Act;
(ad) to contribute to the development of the Alpine Resorts
Strategic Plan and other strategic planning for alpine
resorts as a whole;
(ae) to undertake research into alpine resort issues;
(af) to contribute to and support the operation of the Council;
(ag) to prepare and implement a Strategic Management Plan for each
such resort;
(ah) to expend or apply revenue of the Board in accordance with a
direction of the Minister under section 36(1A);";
(b) in paragraph (d)-
(i) for sub-paragraph (ix) substitute-
"(ix) snowmaking;
(x) transport-";
(ii) for "in the resort" substitute "for the resort";
(c) paragraph (e) is repealed.
(2) At the end of section 38 of the Alpine Resorts (Management) Act
1997 insert-
"(3) In relation to Mount Stirling Alpine Resort, the Mount Stirling
Alpine Resort Management Board must exercise its functions
under sub-section (1) subject to the following principles-
(a) that the resort must be planned for, developed, promoted and
managed as a nature based tourist, recreational and
educational resource for all seasons of the year; and
(b) that there are not to be any ski lifts in the resort.".
11. Insertion of new Division 4 in Part 4
s. 11
After Division 3 of Part 4 of the Alpine Resorts (Management)
Act 1997 insert-
"Division 4-Strategic Management Plans for Alpine Resorts
56A. Preparation of Strategic Management Plans
As soon as practicable after the commencement of this
section, the Board of an alpine resort must commence to
prepare a Strategic Management Plan for the resort.
56B. Contents of Strategic Management Plan
s. 11
(1) The Strategic Management Plan for an alpine resort-
(a) must identify strategic objectives and directions for the
promotion, management, use and development of the resort;
and
(b) must provide long term planning of the resort that-
(i) gives clear direction for the future promotion, management, use
and development of the resort in a manner that is
consistent with the object of this Act; and
(ii) ensures that the natural resources of the resort are used in a
manner that is consistent with the object of this
Act.
(2) The Strategic Management Plan for an alpine resort must be
consistent with-
(a) the Alpine Resorts Strategic Plan; and
(b) the purposes for which any land in the resort that is reserved
or deemed to be reserved under the Crown Land (Reserves)
Act 1978 is so reserved.
56C. Preparing the Strategic Management Plan
(1) In preparing the Strategic Management Plan for an alpine
resort, the Board must consult with-
(a) the Council; and
(b) any Minister or public authority whose interests the Board
considers are likely to be affected by the Plan; and
(c) the municipal council of any municipal district that is
adjacent to the alpine resort; and
(d) the holders of leases over land in the alpine resort or of
licences to use land in the alpine resort; and
(e) any other persons or local organisations whose interests the
Board considers are likely to be affected by the Plan.
(2) The Board may comply with sub-section (1)(c), (d) and (e) by-
(a) making the proposed Plan available for inspection by the public
for at least 4 weeks; and
(b) publishing a notice in a newspaper circulating generally in the
areas affected by the Plan, stating where and when the
proposed Plan can be inspected, and inviting public
comment by a set date; and
(c) considering any comments made by the set date; and
(d) making any appropriate changes to the proposed Plan.
(3) The Board may take any other steps it thinks appropriate to
involve the community in the preparation of the Plan.
56D. Consideration of Strategic Management Plan by Minister
s. 11
On (1) completing the preparation of the Strategic Management Plan,
the Board of an alpine resort must refer the Plan to the
Minister for consideration.
(2) The Board of an alpine resort must ensure that the preparation
of the Strategic Management Plan for the alpine resort is
completed within 2 years of the commencement of section 11 of
the Alpine Resorts (Management) (Amendment) Act 2004, or,
with the prior approval of the Minister, at a later date.
(3) The Minister must consider a Plan referred to him or her under
sub-section (1) and may-
(a) endorse the Plan; or
(b) endorse the Plan with any amendments the Minister considers
appropriate; or
(c) refer the Plan back to the Board for further consideration.
(4) The Minister may include in the Plan endorsed under sub-section
(3)(a) or (b) any Government proposals for implementation of
the Plan.
56E. Notice of endorsed Strategic Management Plan
s. 11
(1) The Minister must cause notice of the endorsement of the
Strategic Management Plan for an alpine resort to be
published in the Government Gazette as soon as practicable
after it is endorsed under section 56D.
(2) The Plan comes into operation on the date that notice is
published in the Government Gazette or on any later day
stated in the Plan.
56F. Review of Strategic Management Plan
s. 11
(1) The Board of an alpine resort must review the Strategic
Management Plan for the alpine resort-
(a) at any time at the direction of the Minister; or
(b) if no direction is given, at the end of 5 years following-
(i) the endorsement of the Plan; or
(ii) the completion of the last review of the Plan, being, if the
Plan has been amended the endorsement of the Plan as
amended, or, if the Plan has not been amended, the
endorsement of the decision by the Minister under
section 56G(1)(b)(i) not to amend the Plan.
(2) The Board of an alpine resort may review the Strategic
Management Plan for the resort at any time with the approval
of the Minister.
(3) In reviewing the Strategic Management Plan, the Board must
consult with-
(a) the Council; and
(b) any Minister or public authority whose interests the Board
considers are likely to be affected by the review; and
(c) the municipal council of any municipal district which is
adjacent to the alpine resort; and
(d) the holders of leases over land in the alpine resort or of
licences to use land in the alpine resort; and
(e) any other persons or local organisations whose interests the
Board considers are likely to be affected by the review.
(4) The Board may comply with sub-section (3)(c), (d) and (e) by-
(a) if the Plan is proposed to be amended, making the Plan, as
proposed to be amended, available for inspection by the
public for at least 4 weeks; and
(b) publishing a notice in a newspaper circulating generally in the
areas affected by the Plan, stating where and when the
Plan as proposed to be amended can be inspected, and
inviting public comment on the Plan by a set date; and
(c) considering any comments made by the set date; and
(d) making any appropriate changes to the Plan as proposed to be
amended.
(5) The Board may take any other steps it thinks appropriate to
involve the community in the preparation of the Plan.
(6) On completing the review of the Plan, the Board must refer its
decision on the review to the Minister for consideration.
56G. Consideration by the Minister of review of Strategic Management
Plan
s. 11
(1) The Minister must consider the decision of the Board referred
to the Minister under section 56F(6) and may-
(a) if the Board has proposed to amend the Plan-
(i) endorse the Plan as proposed to be amended; or
(ii) endorse the Plan with any further amendments the Minister
considers appropriate; or
(iii) refer the Plan back to the Board for further consideration; or
(b) if the Board has not proposed to amend the Plan-
(i) endorse the Board's decision not to amend the Plan; or
(ii) endorse the Plan with any further amendments the Minister
considers appropriate; or
(iii) require the Board to further consider the Plan.
(2) If the Minister has endorsed a Plan, as proposed to be amended
under sub-section (1), section 56E applies to the Plan as
proposed to be amended in the same way as it applies to the
Plan prepared under section 56A.
(3) If the Minister has decided to endorse the Board's decision not
to amend the Plan under sub-section (1)(b), the Minister must
inform the Board, in writing of that decision, as soon as
possible after making it.
56H. Land managers and other Authorities to take Strategic
Management Plan into account
s. 11
In carrying out a function involving land management or land
use planning-
(a) on behalf of the Crown; or
(b) under an Act-
a Minister, public authority, committee of management of
reserved Crown land, municipal council or the Council must
take all reasonable steps to give effect to the Strategic
Management Plan for an alpine resort.".
12. Regulation making powers
s. 12
After section 57(1)(n) of the Alpine Resorts (Management) Act
1997 insert-
"(na) the removal of vehicles (by means of lifting and carrying, or
towing) that obstruct-
(i) roads in any resort; or
(ii) rights of way in any resort; or
(iii) any other places in any resort that are open to access, by
vehicle, by the public or employees or agents of a Board-
to any other part of the resort, including-
(iv) the empowering of authorised officers to so remove vehicles or
cause vehicles to be so removed; and
(v) the impounding of vehicles so removed until the payment of fees
prescribed under this paragraph; and
(vi) the prescribing of fees to be paid, representing the reasonable
costs of any such removal and any such impounding of
vehicles;".
__________________
Part 3-Provision for the Mount Buller and Mount Stirling Alpine Resort
Management Board
13. Board deemed to be committee of management
s. 13
(1) In section 4(4) of the Alpine Resorts (Management) Act 1997,
for "Mount Buller Alpine Resort Management Board" substitute
"Mount Buller and Mount Stirling Alpine Resort Management Board".
(2) In section 4(6) of the Alpine Resorts (Management) Act 1997,
for "Mount Stirling Alpine Resort Management Board" substitute
"Mount Buller and Mount Stirling Alpine Resort Management Board".
14. Establishment of the Mount Buller and Mount Stirling Alpine
Resort Management Board
(1) For section 34(4) of the Alpine Resorts (Management) Act 1997
substitute-
'(4) There is established, in respect of the Mount Buller Alpine
Resort and the Mount Stirling Alpine Resort, a board to be
called the "Mount Buller and Mount Stirling Alpine Resort
Management Board".'.
(2) Section 34(6) of the Alpine Resorts (Management) Act 1997 is
repealed.
15. Functions of Boards
(1) In section 38(1) of the Alpine Resorts (Management) Act 1997-
(a) for "the alpine resort" substitute "each alpine resort";
(b) in paragraphs (a), (c), (d), (f) and (g), for "the resort"
(wherever occurring) substitute "each such alpine resort".
(2) In section 38(3) of the Alpine Resorts (Management) Act 1997,
for "Mount Stirling Alpine Resort Management Board" substitute
"Mount Buller and Mount Stirling Alpine Resort Management Board".
16. Substitution of Division 2 of Part 6
s. 16
For Division 2 of Part 6 of the Alpine Resorts (Management) Act
1997 substitute-
'Division 2-Transitional Arrangements for Mount Buller Alpine
Resort Management Board
66. Definitions
In this Division-
"commencement day" means the day on which Part 3 of the
Alpine Resorts (Management) (Amendment) Act 2004 comes
into operation;
"old Board" means the Mount Buller Alpine Resort Management
Board, within the meaning of this Act, as in force
immediately before the commencement day;
"new Board" means the Mount Buller and Mount Stirling Alpine
Resort Management Board, within the meaning of this Act,
as in force on and from the commencement day.
67. Transfer of property etc. from old Board to new Board
Except as otherwise provided in this Act, on and from the
commencement day-
(a) the old Board is abolished and the members go out of office;
and
(b) all rights, property and assets that, immediately before the
commencement day were vested in the old Board, vest in
the new Board; and
(c) all debts, liabilities and obligations of the old Board
existing immediately before the commencement day, become
debts, liabilities and obligations of the new Board; and
(d) the new Board is substituted as a party to any proceedings
pending in any court or tribunal to which the old Board
was a party, immediately before the commencement day; and
(e) the new Board is substituted as a party to any contract or
arrangement entered into by or on behalf of the old Board
and in force immediately before the commencement day; and
(f) any reference to the old Board in any Act or in any
proclamation, Order in Council, rule, regulation, order,
agreement, instrument, deed or other document, so far as
it relates to any period after the commencement day, and
if not inconsistent with the context or subject matter,
must be construed as a reference to the new Board.
68. Staff to be transferred from the old Board to the new Board
s. 16
(1) A person who was an employee of the old Board immediately
before the commencement day is deemed to be an employee of
the new Board.
(2) A transferred employee is to be regarded as-
(a) being employed in his or her new position with effect on and
from the commencement day; and
(b) having the same terms and conditions as those that applied to
the transferred employee in relation to his or her
employment with the old Board immediately before the
commencement day; and
(c) having accrued an entitlement to benefits in connection with
the employment with the new Board that is equivalent to
...