Victoria Government Gazette By Authority of Victorian Government Printer
No. G 35 Thursday 1 September 2016
www.gazette.vic.gov.au
GENERAL 2122 G 35 1 September 2016 Victoria Government Gazette
TABLE OF PROVISIONS Private Advertisements Sales by the Sheriff Steven Thomas Genders 2129 Estates of Deceased Persons Nicholas Telehus 2129 Arthur J. Dines & Co. 2124 BJT Legal Pty Ltd 2124 Government and Outer Budget Sector Basile & Co. Pty Ltd 2124 Agencies Notices 2130 De Marco Lawyers 2124 Late Notices 2172 Dwyer Mahon & Robertson 2124 City of Greater Bendigo – E. P. Johnson and Davies 2125 Amendment C224 Estate Lawyers Melbourne 2125 Obtainables 2174 Fletcher Clarendon Pty Ltd 2125 Hartleys Lawyers 2125 Hunt & Hunt 2125 Leonard & Associates 2125 McCluskys Lawyers 2126 Madgwicks Lawyers 2126 Moores 2126 Ogge & Lee 2126 Perpetual Legal Services Pty Ltd 2126 Peter Gardiner 2127 Pietrzak Solicitors 2127 SLM Law 2127 Sandhurst Trustees Limited 2127 Septimus Jones & Lee 2128 Riordans Lawyers 2128 Taits Legal 2128 Taylor & Whitty 2128 Tragear & Harris Lawyers 2128 Williams & Lay Lawyers 2129
Advertisers Please Note As from 1 September 2016 The last Special Gazette was No. 275 dated 31 August 2016. The last Periodical Gazette was No. 1 dated 18 May 2016.
How To Submit Copy • See our webpage www.gazette.vic.gov.au • or contact our office on 8523 4601 between 8.30 am and 5.30 pm Monday to Friday Victoria Government Gazette G 35 1 September 2016 2123
2016 AFL GRAND FINAL PUBLIC HOLIDAY Grand Final Friday The Friday before the Australian Football League (AFL) Grand Final was declared a public holiday and published in Special Gazette S229 dated 19 August 2015. The 2016 public holiday will fall on Friday 30 September 2016.
Please Note: this office will be closed on Friday 30 September 2016. The Victoria Government Gazette (General) for GRAND FINAL FRIDAY week (G40/16) will be published on Thursday 6 October 2016. Copy deadlines: Private Advertisements 9.30 am on Monday 3 October 2016 Government and Outer Budget Sector Agencies Notices 9.30 am on Tuesday 4 October 2016
Office Hours: The Victoria Government Gazette Office is open normal office hours during that week, i.e. 8.30 am to 5.30 pm Monday to Thursday, excluding the public holiday. Where urgent gazettal is required after hours, arrangements should be made with the Government Gazette Officer on 0419 327 321.
JENNY NOAKES Government Gazette Officer 2124 G 35 1 September 2016 Victoria Government Gazette
PRIVATE ADVERTISEMENTS LENA STATOS, late of 7 Civic Drive, Re: JOHN WILLIAM COLLINS, late of Epping, in the State of Victoria, pensioner, 26 Stonehaven Drive, Thomastown, Victoria, deceased. cleaner, deceased. Creditors, next-of-kin and others having Creditors, next-of-kin and others having claims in respect of the estate of the deceased, claims in respect of the estate of the deceased, who died on 18 May 2016, are required by the who died on 12 June 2016, are required by the executrix, Mary Statos, care of Arthur J. Dines trustee, Shawn John Collins, to send particulars & Co., solicitors, 2 Enterprise Drive, Bundoora, to the trustee, care of the undermentioned in the said State, to send particulars to her by solicitors, within 60 days from the publication 31 October 2016, after which date the executrix hereof, after which date the trustee may convey may convey or distribute the assets, having or distribute the assets, having regard only to the regards only to claims to which she has notice. claims of which the trustee has notice. Dated 1 September 2016 DE MARCO LAWYERS, ARTHUR J. DINES & CO., solicitors, 794A Pascoe Vale Road, Glenroy 3046. 2 Enterprise Drive, Bundoora 3083. Re: Estate of ALICE MARGARET ROBINS. RONALD AUSTIN MULKEARNS, late of Creditors, next-of-kin and others having 56 Banool Road, Fairhaven, Victoria, retired, claims in respect of the estate of ALICE deceased. MARGARET ROBINS, late of Bupa Aged Care, Creditors, next-of-kin and others having 208 Holdsworth Road, Bendigo, in the State of claims in respect of the estate of the deceased, Victoria, widow, deceased, who died on 16 June who died on 4 April 2016, are required by the 2016, are to send particulars of their claim to trustees, Adrian McInerney and Luke Austin the executor, care of the undermentioned legal Mulkearns, to send particulars to them, care of practitioners, by 16 November 2016, after which BJT Legal of 38 Lydiard Street South, Ballarat, the executor will distribute the assets, having Victoria 3350, by 1 November 2016, at which regard only to the claims of which he then has date the trustees may convey or distribute the notice. assets, having regard only to the claims of which DYWER MAHON & ROBERTSON, they then have notice. legal practitioners, BJT LEGAL PTY LTD, solicitors, Beveridge Dome, 194–208 Beveridge Street, 38 Lydiard Street South, Ballarat 3350. Swan Hill 3585.
MARGARET ARNOLDT, late of Re: Estate of ROY JAMES WEIR, deceased. 72 Wyndham Street, Kerang, Victoria 3579, Creditors, next-of-kin or others having claims retired nurse, deceased. in respect of the estate of ROY JAMES WEIR, Creditors, next-of-kin and others having formerly of 1 Taverner Street, Berriwillock claims in respect of the estate of the abovenamed but late of 2 Anderson Avenue, Berriwillock in deceased, who died on 17 April 2016, are required the State of Victoria, retired farmer, deceased, by the executor for Grant of Administration, who died on 14 April 2016, are to send Elizabeth English, to send particulars of such particulars of their claim to the executor, care claims to her, in care of the undermentioned of the undermentioned legal practitioners, by solicitors, by 31 October 2016, after which date 1 November 2016, after which the executor will they will distribute the estate, having regard only distribute the assets, having regard only to the to the claims of which they then have notice. claims of which they then have notice. Dated 22 August 2016 DWYER MAHON & ROBERTSON, BASILE & CO. PTY LTD, legal practitioners, legal practitioners, consultants and conveyancers (VIC and NSW), Beveridge Dome, 194–208 Beveridge Street, 46 Wellington Street, Kerang, Victoria 3579. Swan Hill 3585. Victoria Government Gazette G 35 1 September 2016 2125
Re: Estate of PATRICIA COSH, deceased. Re: LOJZO TANKOVICH, also known Creditors, next-of-kin or others having as Lou Tankovich, late of 22 Lurg Avenue, claims in respect of the estate of PATRICIA Sunshine North, Victoria, landscaper, deceased. COSH, late of Peninsula Aged Care, 2 Booker Creditors, next-of-kin and all others having Avenue, Mornington, Victoria, physiotherapist, claims in respect of the estate of the said deceased, who died on 14 May 2016, are to deceased, who died on 24 May 2015, are required send particulars of their claims to the executors, by Sally Marija Vineeth, in the Will called Sally care of the undermentioned solicitors, by Marija Tankovich, the executor of the estate of 7 November 2016, after which date the executors the deceased, to send particulars of their claims will distribute the assets, having regard only to to the said executor, care of the undermentioned the claims of which they then have notice. legal practitioners, within two months from the E. P. JOHNSON AND DAVIES, date of publication of this notice, after which 52 Collins Street, Melbourne 3000. date the executor may convey or distribute the assets, having regard only to the claims of which she then has notice. Re: SHEILAH MARIE HAMILTON, late of HARTLEYS LAWYERS, 28 Lambeth Avenue, Armadale, Victoria. 461 Ballarat Road (PO Box 227), Sunshine, Creditors, next-of-kin and others having Victoria 3020. claims in respect of the estate of the deceased, who died on 10 May 2016, are required to send particulars of their claims to the executor, care Trustee Act 1958 of Ground Floor, 411 Collins Street, Melbourne, SECTION 33 NOTICE Victoria 3000, by 1 November 2016, after which Notice to Claimants date the executor may convey or distribute the JUDITH ANNE SHARMA, late of Monash assets, having regard only to the claims of which Gardens Aged Care, 355 Wellington Road, he may then have notice. Mulgrave, Victoria, deceased. ESTATE LAWYERS MELBOURNE, Creditors, next-of-kin and others having Ground Floor, 411 Collins Street, claims in respect of the estate of the deceased, Melbourne 3000. who died on 8 January 2016, are required by Equity Trustees Limited of Level 2, 575 Bourke Re: ANDREW JOHN CHURCHYARD, Street, Melbourne, Victoria, the executor of the deceased. estate of the deceased, to send particulars of Creditors, next-of-kin and others having their claims to it, care of the undermentioned claims in respect of the estate of the deceased, solicitor, by 1 November 2016, after which date who died on 18 July 2016, are required by the the executor may convey or distribute the assets, executors, Linda Margaret Churchyard (in having regard only to the claims of which it then the Will called Linda Margaret Morgan) and has notice. Meredith Anne Churchyard (in the Will called HUNT & HUNT, Meredith Anne Wilks), to send particulars to Level 26, 385 Bourke Street, Melbourne, them, care of the undermentioned solicitors, Victoria 3000. by a date not later than 60 days from the date Ref.: 9611930 of publication hereof, after which date the executors may convey or distribute the assets, Re: MARIE JOAN FARVIS, late of 1 Emery having regard only to the claims of which they Court, Altona, Victoria 3018, deceased. then have notice. Creditors, next-of-kin and others having FLETCHER CLARENDON PTY LTD, claims in respect of the estate of the deceased, Level 3, 1 Palmerston Crescent, who died on 6 March 2016, are required to send South Melbourne 3205. particulars of their claim to the administrator, 2126 G 35 1 September 2016 Victoria Government Gazette care of the undersigned lawyers, by 1 November Hill, Victoria, by 3 November 2016, after which 2016, after which date the administrator may date the personal representative may convey or convey or distribute the assets, having regard distribute the assets, having regard only to the only to the claims of which they then have claims of which the personal representative has notice. notice. LEONARD & ASSOCIATES, lawyers, MOORES, lawyers, Level 1, 82 Thompson Avenue, Cowes, 9 Prospect Street, Box Hill, Victoria 3128. Victoria 3922. Re: JOHN CHRISTOPHER BROWN, ARTHUR REGINALD PALFRAMAN, deceased. late of CaSPA Care of 203 Napier Street, South Creditors, next-of-kin and others having Melbourne, Victoria, retired, deceased. claims in respect of the estate of JOHN Creditors, next-of-kin and others having CHRISTOPHER BROWN, late of 57/49 Union claims in respect of the estate of the deceased, Street, Windsor, Victoria, retired forklift driver who died on 7 July 2016, are required by the and furniture removalist, deceased, who died executors to send particulars of their claims on 28 September 2015, are required to send to the undermentioned lawyers by 31 October particulars of their claims to the executor, Jerry 2016, after which date the executors may convey Chee Wee Lee, care of the undermentioned or distribute the estate, having regard only to the solicitors, by 15 November 2016, after which claims of which they have notice. date he will convey or distribute the assets, having regard only to the claims of which he McCLUSKYS LAWYERS, then has notice. 111 Bay Street, Port Melbourne, Victoria 3207. OGGE & LEE, solicitors, 403/34 Queens Road, Melbourne 3004. HENRY GRANT HAMMOND, late of Unit 48, 190 Albert Street, East Melbourne, Re: RONDA FLORENCE MONTGOMERY, Victoria, medical specialist, deceased. deceased. Creditors, next-of-kin and others having Creditors, next-of-kin and others having claims in respect of the estate of the abovenamed claims in respect of the estate of RONDA deceased, who died on 5 April 2016, are required FLORENCE MONTGOMERY, late of by the executors, Peter Grant Hammond and Chomley House, 113 Chomley Street, Prahran, Timothy Grant Hammond, to send particulars Victoria, home duties, deceased, who died to them, care of the undermentioned solicitors, on 18 November 2015, are required to send within two months of the date of publication, particulars of their claims to the executor, Jerry after which date the executors may convey or Chee Wee Lee, care of the undermentioned distribute the assets, having regard only to the solicitors, by 15 November 2016, after which claims of which they then have notice. date he will convey or distribute the assets, MADGWICKS LAWYERS, having regard only to the claims of which he Level 33, 140 William Street, Melbourne, then has notice. Victoria 3000. OGGE & LEE, solicitors, 403/34 Queens Road, Melbourne 3004. Re: EVELYN ISOBEL RUSSELL, deceased. Creditors, next-of-kin and others having ROBERT IAN JOHNSTON, late of claims in respect of the estate of the deceased, 7 Abbot Court, Glen Waverley, Victoria, retired who died on 31 May 2016, are required by the administrator, deceased. personal representative, Maree Frances Jones, Creditors, next-of-kin and others having care of 9 Prospect Street, Box Hill, Victoria, to claims in respect of the estate of the deceased, send particulars to the personal representative, who died on 15 January 2016, are required care of Moores, lawyers, 9 Prospect Street, Box by Perpetual Trustee Company Limited, Victoria Government Gazette G 35 1 September 2016 2127
ACN 000 001 007, of 35/525 Collins Street, 2016, after which date they will distribute the Melbourne, Victoria, the executor, to send estate of the deceased, having regard only to the particulars to it by 10 November 2016, after claims of which they then have notice. which date it may convey or distribute the assets, PETER GARDINER, solicitor, having regard only to the claims of which it then Office 1, 2 Colin Avenue, Warrandyte 3113. has notice. PERPETUAL LEGAL SERVICES PTY LTD, 35/525 Collins Street, Melbourne, Victoria 3000. Creditors, next-of-kin and others having claims in respect to the estate of EUGENE LABUC (also known as Eugeniusz Labuc), late BRUCE LADELL LAWRENCE, late of of Strathdon Community Aged Care, 17 Jolimont 1/61 Bealiba Road, Caulfield South, Victoria, Road, Forest Hill, deceased, who died on retired doctor, deceased. 26 July 2016, are required to send particulars Creditors, next-of-kin and others having of such claims to the executors, care of the claims in respect of the estate of the deceased, undermentioned solicitors, by 15 November who died on 26 March 2016, are required 2016, after which date the executors will convey by Perpetual Trustee Company Limited, or distribute the assets, having regard only to the ACN 000 001 007, of 35/525 Collins Street, claims of which the executors then have notice. Melbourne, Victoria, the executor, to send particulars to it by 10 November 2016, after PIETRZAK SOLICITORS, which date it may convey or distribute the assets, 222 La Trobe Street, Melbourne 3000. having regard only to the claims of which it then has notice. Re: RUTH FLORENCE BUTTERFIELD, PERPETUAL LEGAL SERVICES PTY LTD, formerly of 10 Victoria Street, Cobden, Victoria 35/525 Collins Street, Melbourne, Victoria 3000. 3266, but late of Lovely Banks Nursing Home, Cobden District Health Services, 5 Victoria ALAN JOHN THREADER, late of Street, Cobden, Victoria, widow, deceased. Faversham House, 27 Shierlaw Avenue, Creditors, next-of-kin and others having Canterbury, Victoria, retired forester, deceased. claims in respect of the estate of the deceased, Creditors, next-of-kin and others having who died on 15 February 2016, are required claims in respect of the estate of the deceased, by the deceased’s personal representatives, who died on 31 March 2016, are required Gary Sydney Butterfield and Miriam Ruth to send particulars of their claims to the Cavey, to send particulars to them, care of the executors, care of Perpetual Trustee Company undermentioned lawyers, by 1 November 2016, Limited, ACN 000 001 007, of GPO Box 5035, after which date the personal representatives Melbourne, Victoria 3001, by 10 November may convey or distribute the assets, having 2016, after which date the executors may convey regard only to the claims of which they then or distribute the assets, having regard only to the have notice. claims of which they then have notice. SLM LAW, lawyers and advisors, PERPETUAL LEGAL SERVICES PTY LTD, 17 Pike Street, Camperdown 3260. 35/525 Collins Street, Melbourne, Victoria 3000.
Re: CLIVE ADRIAN SKELCHY, late Creditors, next-of-kin and others having of 29 Matlock Avenue, Mulgrave, Victoria, claims against the estate of INGRID KARIN librarian, deceased. MUEGLITZ, late of Tabulam and Templer Home for the Aged, 31–41 Elizabeth Street, Bayswater, Creditors, next-of-kin and others having in the State of Victoria, retired, deceased, who claims in respect of the estate of the deceased, died on 19 May 2016, are required to send who died on 28 April 2016, are required particulars of the claims to the executors, Sharon by the trustee, Sandhurst Trustees Limited, Michelle Banner and Sean Larsen Mueglitz, care ACN 004 030 737, of 18 View Street, Bendigo, of the undermentioned solicitor, by 8 November Victoria, to send particulars to the trustee by 2128 G 35 1 September 2016 Victoria Government Gazette
16 November 2016, after which date the trustee of the undermentioned solicitors, by 31 October may convey or distribute the assets, having 2016, after which date they may convey or regard only to the claims of which the trustee distribute the assets, having regard only to the then has notice. claims of which they then have notice. SANDHURST TRUSTEES LIMITED, TAITS LEGAL, 18 View Street, Bendigo 3550. 121 Kepler Street, Warrnambool 3280.
Re: ALBERT YAZBECK, late of 326 Re: GRAEME MALCOLM McDOWALL, Rathmines Street, Thornbury, Victoria, widower, late of 14 Steeple Court, Warrnambool, Victoria, deceased. deceased. Creditors, next-of-kin and others having Creditors, next-of-kin and others having claims in respect of the estate of the deceased, claims in respect of the estate of the deceased, who died on 7 May 2016, are required by who died on 9 February 2016, are required to the personal representative, Nicole Lisa send particulars of their claims to the executor, Thompson, to send particulars to her, care of the Therese Georgette Hall (in the will called undermentioned solicitors, by 31 October 2016, Therese Georgette Barbara Hall), care of the after which date she may convey or distribute undermentioned solicitors, by 30 November the assets, having regard only to the claims of 2016, after which date the executor will convey which she then has notice. or distribute the assets, having regard only to the TAITS LEGAL, claims of which she then has notice. 121 Kepler Street, Warrnambool 3280. SEPTIMUS JONES & LEE, solicitors, Level 5, 99 William Street, Melbourne 3000. Re: ANDREW JOSEPH O’DEA, deceased. Creditors, next-of-kin and others having Re: JAMES BERNARD HAMMOND, claims in respect of the estate of the deceased, late of 8/10 Bedford Street, Box Hill, Victoria, who died on 28 February 2015, are required deceased. by the trustees, William Thomas McGivern and Christine Lane, care of 16–18 Bank Street, Creditors, next-of-kin and others having Cobram, Victoria, to send particulars of their claims in respect of the estate of the deceased, claims to the trustees by 31 October 2016, after who died on 20 December 2015, are required which date the trustee may convey or distribute by Joachim Laurence Dirks, the executor of the assets, having regard only to the claims of the will of the deceased, to send particulars, in which the trustee has notice. writing, of their claims to the below mentioned TAYLOR & WHITTY, solicitors, solicitors, by 6 December 2016, after which date 16–18 Bank Street, Cobram 3644. the executor will convey or distribute the assets, having regard only to the claims of which he then has notice. Re: GORDON KENNEDY, late of Unit 4, RIORDANS LAWYERS, 13 Steel Street, Healesville, Victoria 3777, retired bank manager, deceased. Level 2, 501 La Trobe Street, Melbourne, Victoria 3000. Creditors, next-of-kin and others having claims in respect of the estate of the deceased, who died on 27 July 2016, are required by the Re: LILIAN RUTH ASHNESS, late of executor, Lawrence John Kennedy, to send 13 Conns Lane, Warrnambool, Victoria, particulars to him, care of the undermentioned deceased. solicitors, by 4 November 2016, after which date the executor may convey and distribute the Creditors, next-of-kin and others having assets, having regard only to the claims of which claims in respect of the estate of the deceased, he then has notice. who died on 10 June 2016, are required by the executors, Leonard Andre Jacobs and Anne TRAGEAR & HARRIS LAWYERS, 1/23 Melrose Street, Sandringham 3191. Marie Jacobs, to send particulars to them, care Victoria Government Gazette G 35 1 September 2016 2129
VALDA MURIEL COLEMAN, late of Please visit Sheriff’s Office Real Estate Croydon Nursing Home, 124 Maroondah Section website at www.justice.vic.gov.au/ Highway, Croydon, Victoria 3136, but formerly sheriffrealestate for an information sheet on of 65 Britannia Creek Road, Wesburn, Victoria Sheriff’s Auctions, a contract of sale and any 3799, retired boot factory employee, deceased. other enquiries. Creditors, next-of-kin and others having SHERIFF claims in respect of the Will/estate of the abovenamed deceased, who died on 3 October ADVERTISEMENT OF AUCTION BY THE 2013, are required by the executor, Stephen SHERIFF Frederick Coleman, care of 13 Castella Street, On Thursday 6 October 2016 at 1.30 pm Lilydale, Victoria 3140, to send particulars of in the afternoon, at the Sheriff’s Office, their claims to him by 3 November 2016, after 444 Swanston Street, Carlton (unless process be which date the executor may distribute the assets stayed or satisfied). and distribute the estate, having regard only to All the estate and interest (if any) of Nicholas the claims of which he then has notice. Probate Telehus of 20 Leith Street, Newborough, sole was granted in Victoria on 7 April 2014. proprietor of an estate in fee simple in the land Dated 22 August 2016 described on Certificate of Title Volume 07762 WILLIAMS & LAY LAWYERS, Folio 037, upon which is erected a house and known as 20 Leith Street, Newborough, will be 13 Castella Street, Lilydale, Victoria 3140. auctioned by the Sheriff. PO Box 125, Lilydale, Victoria 3140. DX 34048 Lilydale. Registered Mortgage (Dealing Number Ph: 03 9737 6100, Fax: 03 9737 6155. AC409433A) affects the said estate and interest. The Sheriff is unable to provide access to this EL:13/2968. Contact Evan Joseph Lay. property. Terms: 10% deposit on the fall of the ADVERTISEMENT OF AUCTION BY hammer. Balance within 14 days unless as stated THE SHERIFF in particulars of sale in contract of sale. Payment On Thursday 6 October 2016 at 1.30 pm is by cheque only. in the afternoon, at the Sheriff’s Office, Please visit Sheriff’s Office Real Estate 444 Swanston Street, Carlton (unless process be Section website at www.justice.vic.gov.au/ stayed or satisfied). sheriffrealestate for an information sheet on Sheriff’s Auctions, a contract of sale and any All the estate and interest (if any) of Steven other enquiries. Thomas Genders of 7 Rangeview Road, SHERIFF Diamond Creek, sole proprietor of an estate in fee simple in the land described on Certificate of Title Volume 08822 Folio 770, upon which is erected a house and known as 7 Rangeview Road, Diamond Creek, will be auctioned by the Sheriff. Registered Mortgage (Dealing Number AG370172D), Registered Caveat (Dealing Number AL866719Y) and Registered Caveat (Dealing Number AM120123N) affect the said estate and interest. The Sheriff is unable to provide access to this property. Terms: 10% deposit on the fall of the hammer. Balance within 14 days unless as stated in particulars of sale in contract of sale. Payment is by cheque only. 2130 G 35 1 September 2016 Victoria Government Gazette
GOVERNMENT AND OUTER BUDGET SECTOR AGENCIES NOTICES
VILLAGE AVENUE, MORWELL ROAD DEVIATION/ROAD DECLARATION The Latrobe City Council, at its meeting held on 22 August 2016, resolved to undertake a deviation and declare a public highway for the northern part of Village Avenue, Morwell, pursuant to sections 204(1) and 206 and Schedule 10, Clause 2 of the Local Government Act 1989 (the Act). The deviation is required so that the relevant road aligns with the physical location of the road. Accordingly, the road shown hatched on the plan below is hereby discontinued and the land shown cross-hatched on the plan is hereby declared to be a public highway.
GARY VAN DRIEL Chief Executive Officer Victoria Government Gazette G 35 1 September 2016 2131
MOORABOOL SHIRE COUNCIL Discontinuance of Part Roadway Halletts Way, Darley Schedule 10 Clause 3 Local Government Act 1989 Notice is hereby given that the Moorabool Shire Council resolved on 3 August 2016, to discontinue a portion of Halletts Way, Darley, being that portion no longer required to be a roadway due to the realignment of Halletts Way. Further notice is given that if Council resolves to discontinue this portion of roadway then it will be incorporated into the Council reserve to which it abuts. Under section 207A of the Local Government Act 1989 any person may make a submission to Council in relation to the proposed part road discontinuance of a portion of Halletts Way. Submissions may be made in accordance with section 223 of the Local Government Act 1989. Written submissions received and addressed to the Chief Executive Officer, Moorabool Shire Council, PO Box 18, Ballan 3342, within 28 days of the publication of this notice will be considered by the Council in accordance with section 223 of the Act. Written submissions received by Council within 28 days of the publication of this notice will be considered by the Chief Executive Officer under section 223(3) of the Act, being the person the Council has authorised to carry out administrative procedures necessary to enable the Council to carry out its functions under this section. Any person who wishes to be heard in support of a submission should indicate in the written submission that he or she wishes to be heard. Any person requesting that he or she be heard in support of a submission is entitled to appear before a meeting of the Council (or Committee) either personally or by a person acting on his or her behalf and will be notified of the time and date of the meeting.
ROB CROXFORD Chief Executive Officer 2132 G 35 1 September 2016 Victoria Government Gazette
STONNINGTON CITY COUNCIL Road Discontinuance Stonnington City Council at its meeting on 17 May 2016, and acting under Clause 3 of Schedule 10 to the Local Government Act 1989, resolved to discontinue: 1. that part of the road contained in Certificate of Title Volume 4939 Folio 665 abutting 14 Robinson Street, Malvern, Victoria 3144, shown as Lot 1 on TP 954301B below; and 2. that part of the road contained in Certificate of Title Volume 9525 Folio 350 abutting 16 Robinson Street, Malvern, Victoria 3144, shown as Lot 1 on TP 954302Y below, together referred to as the ‘Road’, and to sell the Road to the respective adjoining owners. The Road is to be sold subject to any right, power or interest held by: 1. Yarra Valley Water in connection with any sewers, drains or pipes; and 2. United Energy in connection with any cables, under the control of that authority in the Road.
TP954301B Victoria Government Gazette G 35 1 September 2016 2133
TP954302Y
WARREN ROBERTS Chief Executive Officer Stonnington City Council
NOTICE OF THE MAKING OF THE COMMUNITY AMENITY LOCAL LAW NO. 2 2016 Pursuant to section 119(3) of the Local Government Act 1989 (the Act), Latrobe City Council at its Ordinary Council Meeting held on Monday 22 August 2016, resolved to make the Community Amenity Local Law No. 2 2016. This Local Law is effective from 5 September 2016. The purpose of this Local Law is to: a) provide for the peace, order and good government of the municipality; b) prohibit, regulate and control activities, events, practices or behaviour on Council Land, public places and private property; c) protect Council’s assets and regulate their use; d) enhance the quality of life for residents and visitors to the municipality; e) provide for matters which require a Local Law under the Local Government Act 1989 and any other Acts; and f) provide for the administration of Council powers and functions. 2134 G 35 1 September 2016 Victoria Government Gazette
The Community Amenity Local Law No. 2 YARRA CITY COUNCIL 2016 will replace the Local Law No. 2 2009. General Local Law Copies of the Community Amenity Local On 3 August 2016, Yarra City Council Law No. 2 2016 are available to be inspected at (Council) made a Local Law titled ‘General any of Latrobe City’s Service Centres and may Local Law’ (the Local Law). be viewed online at www.latrobe.vic.gov.au The Local Law is made for the purposes of: GARY VAN DRIEL providing for the peace, order and good Chief Executive Officer government of the municipal district of Yarra City Council; promoting a physical and social environment that is accessible, inclusive and free from hazards to health, in which the residents of the municipal district can enjoy a quality of life that meets the general expectations of the community; GOVERNANCE AND MEETING CONDUCT preventing and suppressing nuisances which LOCAL LAW NO. 2 OF 2016 may adversely affect the enjoyment of life within the municipal district or the health, Notice is hereby given that Wangaratta safety and welfare of persons within the Rural City Council resolved, at its Ordinary municipal district; and Council Meeting on 19 July 2016, to make the Governance and Meeting Conduct Local Law prohibiting, regulating and controlling activities which may be dangerous or unsafe No. 2 of 2016 (the Local Law) in accordance or detrimental to the quality of life and the with sections 111(1) and 119 of the Local environment of the municipal district. Government Act 1989 (the Act). The Local Law contains provisions Purpose of the Local Law related to: The Local Law will supersede the Meeting parking or driving in recreational reserves; Procedure (Administrators) Local Law No. 3 of 2014 and will operate throughout the municipal traffic and other hazards; district of Wangaratta Rural City Council. vehicle crossings; The purpose of this Local Law is to: provide behaviour on roads and council land; for the election of the Mayor; regulate the use council assets; of the common seal; provide for the procedures signs, goods and furniture; governing the conduct of meetings; establish the rules of behaviour for those participating sale of goods, street collections and spruiking; in or present at meetings; provide for the appointment of Councillors as members of numbering of allotments; committees established by the Council or as spoil on roads; Council representatives to external committees motor vehicles; and organisations; and regulate the use of safety; Council’s name and nomenclature. use of parking permits; The Local Law comes into operation on the day following the fourth Saturday in October tree protection; 2016. use of land; A copy of the Local Law can be obtained from building works and asset protection; the Wangaratta Rural City Council Offices at the waste and commercial activities; Wangaratta Government Centre, corner Ford animals and birds; and Ovens Streets, Wangaratta, and on Council’s website at www.wangaratta.vic.gov.au. For management of drains; more information on the Local Law, please call open-air burning and incinerators; and Council on 5722 0888. administration and enforcement. BRENDAN McGRATH A copy of the Local Law may be inspected Chief Executive Officer at the Council office and on Council’s website. Victoria Government Gazette G 35 1 September 2016 2135
Planning and Environment Act 1987 You may inspect the Amendment, any CARDINIA PLANNING SCHEME documents that support the Amendment and the Notice of the Preparation of an Amendment explanatory report about the Amendment, free of charge, at the following locations: during office Amendment C215 hours, at the office of the planning authority, The Cardinia Shire Council has prepared Cardinia Shire Council, 20 Siding Avenue, Amendment C215 to the Cardinia Planning Officer; and at the Department of Environment, Scheme. Land, Water and Planning website, www.delwp. The land affected by the Amendment is all vic.gov.au/public-inspection land within the Cardinia Shire Council’s portion Any person who may be affected by the of the Western Port Green Wedge. Amendment may make a submission to the The Amendment proposes to implement the planning authority about the Amendment. key recommendations of the ‘Cardinia Western Submissions must be made in writing giving the Port Green Wedge Management Plan (July submitter’s name and contact address, clearly 2016)’ by introducing a Western Port Green Wedge Local Policy as part of the Cardinia stating the grounds on which the Amendment Planning Scheme. The Amendment also amends is supported or opposed and indicating what the Municipal Strategic Statement to remove changes (if any) the submitter wishes to make. reference to matters that are now proposed to Name and contact details of submitters are be addressed in the Western Port Green Wedge required for Council to consider submissions Local Planning Policy and include the ‘Cardinia and to notify such persons of the opportunity to Western Port Green Wedge Management Plan attend Council meetings and any public hearing (July 2016)’ as a reference document. held to consider submissions. The closing date Specifically the Amendment proposes to: for submissions is Monday 3 October 2016. amend Clause 21.01 Cardinia Shire key A submission must be sent to the Cardinia issues and strategic direction to include Shire Council at: [email protected] or reference to the Western Port Green Wedge Cardinia Shire Council, Amendment C215, in relation to settlement and housing and PO Box 7, Pakenham, Victoria 3810. economic development to provide further The planning authority must make a copy of policy protection in relation to high-quality every submission available at its office for any soils within the green wedge; person to inspect, free of charge, for two months amend Clause 21.02 Environment, in after the Amendment comes into operation or particular Subclause 21.02-6 Post-contact lapses. heritage, to make reference to the recognition of the cultural significance of TRACEY PARKER the Western Port Green Wedge, particularly Manager Strategic Planning and the significance of the former Dalmore and Economic Development Koo Wee Rup swamp environs and the Western Port coastline; Planning and Environment Act 1987 amend Clause 21.04 Economic development to provide further control in relation to GREATER GEELONG PLANNING SCHEME tourism, growth of townships, agriculture, Notice of the Preparation of an extractive industry and reword further Amendment to a Planning Scheme and strategic work that has been completed. Also Notice of an Application for Planning Permit include the ‘Cardinia Western Port Green Given Under Section 96C of the Wedge Management Plan (July 2016)’ as a Planning and Environment Act 1987 reference document; and Amendment C331 insert a Western Port Green Wedge Local Planning Policy at Clause 22.05 to provide Planning Permit Application PP392-2015 further guidance in relation to the protection The land affected by the Amendment is and management of the Western Port Green 335 Barrabool Road and 37, 39, 41–63, 65 and Wedge. 67 Cityview Drive, Wandana Heights. 2136 G 35 1 September 2016 Victoria Government Gazette
The Amendment proposes to: The planning authority must make a copy of rezone 39, 41–63 and 67 Cityview Drive and every submission available at its office for any 335 Barrabool Road from Farming Zone to person to inspect, free of charge, until the end General Residential Zone – Schedule 1; of two months after the Amendment comes into operation or lapses. rezone a portion of 65 Cityview Drive from The closing date for submissions is Monday Public Use Zone 1 (Service and Utility) to 3 October 2016. General Residential Zone – Schedule 1; Submissions must be in writing and sent rezone 37 Cityview Drive from Public Park to: The Coordinator, Strategic Implementation and Recreation Zone to General Residential Unit, City of Greater Geelong, PO Box Zone – Schedule 1; and 104, Geelong, Victoria 3220; or by email to apply a Development Plan Overlay to 335 [email protected]; or Barrabool Road and 41–63, 65 and 67 lodged online at www.geelongaustralia.com.au/ Cityview Drive. amendments The application is for a permit to subdivide For further information call the Strategic 335 Barrabool Road and 41–63, 65 and 67 Implementation Unit on 5272 4820. Cityview Drive into 186 residential lots, open PETER SMITH space and a lot to be retained by Barwon Water Coordinator Strategic Implementation for its operations. The person who requested the Amendment/ Planning and Environment Act 1987 permit is Villawood Properties. HEPBURN PLANNING SCHEME You may inspect the Amendment, any Notice of the Preparation of an Amendment documents that support the Amendment and the explanatory report about the Amendment, Amendment C63 free of charge, at the following locations: The Hepburn Shire Council has prepared during office hours, at Greater Geelong City Amendment C63 to the Hepburn Planning Council, Brougham Street Customer Service Scheme. Centre, Ground Floor, 100 Brougham Street, The land affected by the Amendment Geelong – 8.00 am to 5.00 pm weekdays; comprises two separate sites within the ‘Amendments’ section of the City’s website, municipality; namely: www.geelongaustralia.com.au/amendments; at part of 66A West Street, Daylesford; and the Department of Environment, Land, Water 209 Main Road, Hepburn. and Planning website, www.delwp.vic.gov.au/ The Amendment proposes to rezone the land public-inspection as follows: Any person who may be affected by the part of 66A West Street, Daylesford, is Amendment may make a submission to the rezoned from Special Use Zone Schedule 3 planning authority. Submissions must be made in to General Residential Zone Schedule 1; and writing giving the submitter’s name and contact 209 Main Road, Hepburn, is rezoned address, clearly stating the grounds on which from Rural Conservation Zone to General the Amendment is supported or opposed and Residential Zone Schedule 1. indicating what changes (if any) the submitter wishes to make. You may inspect the Amendment, any documents that support the Amendment and the Name and contact details of submitters are explanatory report about the Amendment, free required for Council to consider submissions of charge, at the following locations: during and to notify such persons of the opportunity to office hours, at the office of the planning attend Council meetings and any public hearing authority, Hepburn Shire Council, corner held to consider submissions. In accordance Duke and Albert Streets, Daylesford; and at with the Planning and Environment Act 1987, the Department of Environment, Land, Water Council must make available for inspection a and Planning website, www.delwp.vic.gov.au/ copy of any submissions made. public-inspection Victoria Government Gazette G 35 1 September 2016 2137
Any person who may be affected by the Amendment may make a submission to the planning authority about the Amendment. Submissions must be made in writing giving the submitter’s name and contact address, clearly stating the grounds on which the Amendment is supported or opposed and indicating what changes (if any) the submitter wishes to make. Name and contact details of submitters are required for Council to consider submissions and to notify such persons of the opportunity to attend Council meetings and any public hearing held to consider submissions. The closing date for submissions is 3 October 2016. A submission must be sent to the Manager Planning, PO Box 21, Daylesford. The planning authority must make a copy of every submission available at its office for any person to inspect, free of charge, for two months after the Amendment comes into operation or lapses. JUSTIN FIDDES Planning Manager
Planning and Environment Act 1987 STRATHBOGIE PLANNING SCHEME Notice of the Preparation of an Amendment Amendment C75 The Strathbogie Shire Council has prepared Amendment C75 to the Strathbogie Planning Scheme. The land affected by the Amendment is part of the land at 357 Habel Road, Nagambie. The Amendment proposes to rezone part of the land at 357 Habel Road, Nagambie, from Farming Zone to Industrial 1 Zone. It also proposes to apply the Development Plan Overlay 5 to the land. You may inspect the Amendment, any documents that support the Amendment and the explanatory report about the Amendment, free of charge, at the following locations: during office hours, at the office of the planning authority, Strathbogie Shire Council, 109a Binney Street, Euroa; during office hours, at the Nagambie Visitor Information Centre, 317 High Street, Nagambie; at the Strathbogie Shire Council website, www.strathbogie.vic.gov.au; and at the Department of Environment, Land, Water and Planning website, www.delwp.vic.gov.au/public-inspection A drop-in session, open to all members of the public, will be held as follows: Date: Wednesday 14 September 2016. Time: 4–6 pm. Location: Nagambie Lakes Regatta Centre, 69 Loddings Lane, Nagambie. Any person who may be affected by the Amendment may make a submission to the planning authority about the Amendment. Submissions must be made in writing giving the submitter’s name and contact address, clearly stating the grounds on which the Amendment is supported or opposed and indicating what changes (if any) the submitter wishes to make. Name and contact details of submitters are required for Council to consider submissions and to notify such persons of the opportunity to attend Council meetings and any public hearing held to consider submissions. The closing date for submissions is Friday 30 September 2016. A submission must be sent to the Strathbogie Shire Council, 109a Binney Street, Euroa, Victoria 3666. The planning authority must make a copy of every submission available at its office for any person to inspect, free of charge, for two months after the Amendment comes into operation or lapses. STEVE CRAWCOUR Chief Executive Officer 2138 G 35 1 September 2016 Victoria Government Gazette
Planning and Environment Act 1987 INDIGO PLANNING SCHEME Notice of the Preparation of an Amendment Amendment C68 The Indigo Shire Council has prepared Amendment C68 to the Indigo Planning Scheme. The land affected by the Amendment is approximately 450 ha of land at Rutherglen located south of Herrins Road, east of Sheridans Bridge Road (excluding the LDRZ area abutting Sheridans Bridge Road), north of Kings Road and west of the ridgeline generally running north – south and parallel to the Springhurst–Rutherglen Road indicated as areas A, B and C on the map below. Victoria Government Gazette G 35 1 September 2016 2139
The Amendment proposes to rezone the land from Farming Zone (FZ) to Rural Activity Zone (RAZ) in accordance with the recommendations of the Rutherglen Rural Living Study April 2016 to reflect existing land use patterns and facilitate an appropriate range of uses in the area. The Amendment also proposes to implement the recommendations of the Rutherglen Rural Living Study April 2016 by: inserting 3 differential Schedules to the RAZ as shown on the maps which form part of this Amendment; and amending the Municipal Strategic Statement (MSS) and Local Planning Policy Framework (LPPF) to provide direction in relation to the future development of the land, objectives and strategies in relation to the site as well as a clearer settlement strategy and policy position for land use, development and subdivision in rural areas. You may inspect the Amendment, any documents that support the Amendment and the explanatory report about the Amendment, free of charge, at the following locations: during office hours, at the office of the planning authority, Indigo Shire Council, Customer Service Centres at: 101 Ford Street, Beechworth; 40 Conness Street, Chiltern; 34 High Street, Yackandandah; 153 High Street, Rutherglen; and at the Department of Environment, Land, Water and Planning website, www.delwp.vic.gov.au/public-inspection Any person who may be affected by the Amendment may make a submission to the planning authority about the Amendment. Submissions must be made in writing giving the submitter’s name and contact address, clearly stating the grounds on which the Amendment is supported or opposed and indicating what changes (if any) the submitter wishes to make. Name and contact details of submitters are required for Council to consider submissions and to notify such persons of the opportunity to attend Council meetings and any public hearing held to consider submissions. The closing date for submissions is 24 October 2016. A submission must be sent to the Indigo Shire Council, PO Box 28, Beechworth, Victoria 3747. The planning authority must make a copy of every submission available at its office for any person to inspect, free of charge, for two months after the Amendment comes into operation or lapses. IAN SCHOLES Manager Planning and Statutory Services
Planning and Environment Act 1987 WHITTLESEA PLANNING SCHEME Notice of the Preparation of an Amendment Amendment C123 The City of Whittlesea Council has prepared Amendment C123 to the Whittlesea Planning Scheme. The land affected by the Amendment is 50 and 60 Hunters Road, Mernda. The Amendment proposes to amend an incorporated document of the Whittlesea Planning Scheme (Mernda Strategy Plan, 2006 (Amended 2008) to designate the subject sites as residential, consistent with the property zoning. The Amendment will affect pages 10, 23, 25, 30 and 34 of the Mernda Strategy Plan, 2006 (Amended 2008). You may inspect the Amendment, any documents that support the Amendment and the explanatory report about the Amendment, free of charge, at the following locations: during office hours, at the office of the planning authority, City of Whittlesea Civic Centre, 25 Ferres Boulevard, South Morang; and at the Department of Environment, Land, Water and Planning website, http:// www.delwp.vic.gov.au/public-inspection 2140 G 35 1 September 2016 Victoria Government Gazette
Any person who may be affected by the ROGERS, Robert Wayne, late of Flat 13, Amendment may make a submission to the 3 Surrey Road, South Yarra, Victoria 3141, planning authority. Submissions must be made in deceased, who died on 19 July 2016. writing giving the submitter’s name and contact Dated 24 August 2016 address, clearly stating the grounds on which STEWART MacLEOD the Amendment is supported or opposed and Manager indicating what changes (if any) the submitter wishes to make. Name and contact details of submitters are Creditors, next-of-kin and others having required for Council to consider submissions claims against the estate of any of the and to notify such persons of the opportunity to undermentioned deceased persons are required to attend Council meetings and any public hearing send particulars of their claims to State Trustees held to consider submissions. In accordance Limited, ABN 68 064 593 148, of 1 McNab with the Planning and Environment Act 1987, Avenue, Footscray, Victoria 3011, the personal Council must make available for inspection a representative, on or before 2 November 2016, copy of any submissions made. after which date State Trustees Limited may convey or distribute the assets, having regard The closing date for submissions is only to the claims of which State Trustees 30 September 2016. A submission must be Limited then has notice. sent to the Chief Executive Officer, City of Whittlesea, Locked Bag 1, Bundoora MDC BAKER, Gwendoline Margaret, late of Acacia House, 9 Batman Avenue, Shepparton, 3083. Victoria 3630, deceased, who died on The following panel hearing dates have been 23 April 2016. set for this Amendment: CARMAN, Elizabeth Margaret, late of 1–3 Lang directions hearing: to commence week of Street, Grantville, Victoria 3984, retired, 31 October 2016. deceased, who died on 13 May 2016. panel hearing: to commence week of LAWLESS, Sean Peter, late of 56 Park 21 November 2016. Boulevard, Ferntree Gully, Victoria 3156, MICHAEL WOOTTEN deceased, who died on 19 April 2016. Chief Executive Officer METZ, George, late of Arpad Hostel, 9 Garrisson Grove, Wantirna, Victoria 3152, retired, deceased, who died on 4 June 2016. Creditors, next-of-kin and others having claims against the estate of any of the Dated 24 August 2016 undermentioned deceased persons are required to STEWART MacLEOD send particulars of their claims to State Trustees Manager Limited, ABN 68 064 593 148, of 1 McNab Avenue, Footscray, Victoria 3011, the personal Creditors, next-of-kin and others having representative, on or before 2 November 2016, claims against the estate of any of the after which date State Trustees Limited may undermentioned deceased persons are required to convey or distribute the assets, having regard send particulars of their claims to State Trustees only to the claims of which State Trustees Limited, ABN 68 064 593 148, of 1 McNab Limited then has notice. Avenue, Footscray, Victoria 3011, the personal ANDERSON, Margaret Isabella, late of representative, on or before 7 November 2016, Room 47, Napier Street Aged Care, after which date State Trustees Limited may 179 Napier Street, South Melbourne, convey or distribute the assets, having regard Victoria 3205, retired, deceased, who died only to the claims of which State Trustees on 21 April 2016. Limited then has notice. CRESWELL, Ronald George, late of HUTT, George James, late of 24 Samarinda 498 Waterdale Road, Heidelberg Heights, Avenue, Ashburton, Victoria 3147, retired, Victoria 3081, retired, deceased, who died deceased, who died on 29 April 2016. Date on 11 December 2015. of Grant 24 August 2016. Victoria Government Gazette G 35 1 September 2016 2141
ROWE, Patricia Lily, late of 3 Osborne Street, Electricity Industry Act 2000 Northcote, Victoria 3070, miscellaneous, NOTIFICATION OF VARIATION OF deceased, who died on 15 March 2016. LICENCE TO DISTRIBUTE ELECTRICITY WARD, Keith Jessop, late of Westgarth Aged Care Facility, 121–127 Westgarth Street, The Essential Services Commission gives Northcote, Victoria 3070, retired, deceased, notice that at its meeting of 17 August 2016, who died on 25 June 2016. pursuant to section 29(1)(b) of the Electricity Dated 29 August 2016 Industry Act 2000, it varied the licence STEWART MacLEOD of CitiPower Pty (ACN 064 651 056). The Manager licensee’s legal status has changed from an unlimited proprietary company to a proprietary company limited by shares and the licensee’s Department of Treasury and Finance name has accordingly been varied to CitiPower SALE OF CROWN LAND Pty Ltd (ACN 064 651 056). BY PUBLIC AUCTION A copy of the licence is available on the on Saturday 8 October 2016 at 11.00 am on site Commission’s website, http://www.esc.vic.gov. Reference: F07/28180. au, or a copy may be obtained by contacting the Address of Property: 46 Clyde Street, Linton. Commission’s reception on (03) 9032 1300. Crown Description: Crown Allotment 2010, Township of Linton, Parish of Argyle. DR RON BEN-DAVID Chairperson Terms of Sale: Deposit 10%, balance in 60 days or earlier by mutual agreement. Area: 3,098 m². Electricity Industry Act 2000 Officer Co-ordinating Sale: Andrew Martin, ARARAT WIND FARM PTY LTD Senior Project Manager, Land and Property, (ACN 158 062 358) Department of Treasury and Finance, Level 5, 1 Treasury Place, Melbourne, Notice of Variation of an Victoria 3002. Electricity Generation Licence Selling Agent: PRDnationwide Ballarat, The Essential Services Commission gives 51 Lydiard Street South, Ballarat, Victoria notice that at its meeting of 17 August 2016, 3350. pursuant to section 29(1)(b) of the Electricity ROBIN SCOTT, MP Industry Act 2000, it varied the licence of Minister for Finance Ararat Wind Farm Pty Ltd (ACN 158 062 358) to generate electricity in Victoria by varying Adoption Act 1984 the licensee’s registered company address and Under the functions and powers assigned postal address. to me by the Secretary of the Department of A copy of the licence is available on the Health and Human Services (section 17(5) of Commission’s website at http://www.esc.vic. the Children, Youth and Families Act 2005) gov.au, or a copy can be obtained by contacting in relation to section 5 of the Adoption Act 1984, I, Jan Snell, revoke the following person the Commission’s reception on (03) 9032 1300. under section 5(1) and section 5(2)(b) of the DR RON BEN-DAVID Adoption Act 1984 as an approved counsellor Chairperson for the purposes of section 35 of the Adoption Act 1984. Ms Rachel O’Dowd Electricity Industry Act 2000 Anglicare Victoria NOTIFICATION OF VARIATION OF 175–187 Hargreaves Street, Bendigo, Victoria LICENCE TO GENERATE ELECTRICITY Dated 16 August 2016 The Essential Services Commission gives JAN SNELL notice that at its meeting of 17 August 2016, Deputy Secretary pursuant to section 29(1)(b) of the Electricity North Division Industry Act 2000, it varied the licence of 2142 G 35 1 September 2016 Victoria Government Gazette
NovaPower Pty Ltd (ABN 44 119 925 334) to generate electricity in Victoria by updating the licensee’s address. A copy of the licence is available on the Commission’s website, http://www.esc.vic.gov.au, or a copy can be obtained by contacting the Commission’s reception on (03) 9032 1300. DR RON BEN-DAVID Chairperson
Food Act 1984 REVOCATION OF REGISTRATION OF A FOOD SAFETY PROGRAM TEMPLATE I, Dr Milena Canil, as delegate of the Secretary to the Department of Health and Human Services (a) noting that the Noodle Box Food Safety Program Template 1st Edition Version 1 was registered under section 19DB of the Food Act 1984 (the Act) in a notice published in the Government Gazette on 18 November 2010; (b) revoke the registration of that food safety program template under section 19DB of the Act. This revocation takes effect on the date this notice is published in the Government Gazette. DR MILENA CANIL Senior Manager Food Safety Unit
Forests Act 1958 DETERMINATION OF FIREWOOD COLLECTION AREAS I, Craig Stubbings, Regional Director Northern Region, Parks Victoria, make the following determination under section 57U of the Forests Act 1958. Definitions In this determination and with reference to the numbered item in the table in the determination: (a) closing date, being the date of revocation of the determination of the firewood collection area, means the date specified in column 6 of the item; (b) opening date, being the date on which the determination of the firewood collection area comes into operation, means the date specified in column 5 of the item. Determination Each area of State forest shown hatched on a plan lodged in the Central Plan Office of the Department of Environment, Land, Water and Planning, the number of which is shown in column 1 of the items in the table in this determination, is a firewood collection area for the purposes of section 57U of the Forests Act 1958, effective from the opening date for that area until the closing date for that area (inclusive). Being satisfied that it is necessary to do so for management of the supply of fallen or felled trees for domestic use as firewood in the region of the State comprising the rural cities of Mildura and Swan Hill, I specify that only the following classes of persons (or their nominees) may cut and take away fallen or felled trees in the firewood collection area: (a) residents of the Mildura Rural City Council; (b) residents of the Swan Hill Rural City Council; (c) residents of Victoria who are holders of a current Pensioner Concession Card or current Health Care Card issued by the Australian Government Department of Human Services or a current Repatriation Health Card – For All Conditions (Gold Card) issued by the Australian Government Department of Veteran Affairs. Victoria Government Gazette G 35 1 September 2016 2143
Table – Firewood collection areas
Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Item PV PV dis- Name of firewood Opening Closing no. LEGL no. region trict collection area date date 1 LEGL.\16-342 Northern North Pile Bend – Shoe 01/09/2016 30/11/2016 West Tree2
Notes 1. The information in columns 2, 3 and 4 of the table is for information only. 2. PV means Parks Victoria. 3. The legal plan of any firewood collection area may be obtained from the Central Plan Office of the Department of Environment, Land, Water and Planning – see
Gambling Regulation Act 2003 NOTICE OF MAKING OF PUBLIC LOTTERY RULES UNDER SECTION 5.2.4 Tattersall’s Sweeps Pty Ltd ACN 081 925 662 of 1/411 Collins Street, Melbourne, hereby gives notice of the making of the Public Lottery Rules for the Authorised Lotteries known as TattsLotto, Super 66, Monday and Wednesday Lotto, Oz Lotto, Powerball, The Pools, Draw Lotteries (Lucky Lotteries), Instant Scratch-Its and Set for Life effective from 1 October 2016. NEALE O’CONNELL Director 2144 G 35 1 September 2016 Victoria Government Gazette
Geographic Place Names Act 1998 NOTICE OF REGISTRATION OF GEOGRAPHIC NAMES The Registrar of Geographic Names hereby gives notice of the registration of the undermentioned place names. Feature Naming: Change Place Name Naming Authority and Location Request Number 95465 Newport Community Hub Hobsons Bay City Council Located at 11 Mason Street, Newport. For further details see map at www.delwp.vic.gov.au/namingplaces N/A Southland Railway Station Public Transport Victoria Located at Southland Shopping Centre. For further details see map at www.delwp.vic.gov.au/namingplaces Localities: Change Naming Affected Location Request Authority Localities Number 91787 Greater Ocean To move the northern boundary along the Grubb Road Geelong Grove and centre line north approximately 239 metres to the City Wallington property boundary between 242–250 Grubb Road and Council 252–260 Grubb Road. The boundary will then run east and is to include all of 6 Cremona Street in the locality of Ocean Grove. For further details see map at www.delwp.vic.gov.au/namingplaces 94633 Greater Fyansford The suburb of Fyansford to be expanded by moving Geelong and Herne the eastern boundary of Fyansford that follows the City Hill Moorabool River further east to align with the ridge Council line. The new Fyansford boundary will run north from Hyland Street (following the significant western property alignment of Barwon Water’s Montepellier– Lovely Banks water main) to meet the existing southern boundary of Hamlyn Heights at the Church Street Road Reserve. For further details see map at www.delwp.vic.gov.au/namingplaces Office of Geographic Names Land Victoria 570 Bourke Street Melbourne 3000 JOHN E. TULLOCH Registrar of Geographic Names Victoria Government Gazette G 35 1 September 2016 2145
Lot 5 on Lodged Plan 33497 (649 St Kilda Road) perpendicular to the alignment of St Kilda Road. Dated 1 September 2016 TIM SMITH Executive Director Heritage Act 1995 NOTICE OF REGISTRATION As Executive Director for the purpose of the Heritage Act 1995, I give notice under section 46 that the Victorian Heritage Register is amended by including the following place in Heritage Act 1995 the Heritage Register: NOTICE OF REGISTRATION Number: H2359 As Executive Director for the purpose of Category: Heritage Place the Heritage Act 1995, I give notice under Place: St Kilda Road section 46 that the Victorian Heritage Register Location: Southbank, Melbourne and St Kilda is amended by including the following place in Melbourne City and Port Phillip City the Heritage Register: Number: H2361 Category: Heritage Place; Archaeological Place Place: Fawkner Park Location: 23–169 Toorak Road West and 24–88 Commercial Road, South Yarra Melbourne City
All of the place shown hatched on Diagram 2361 encompassing all of Crown Allotments 16B and 2B Parish of Melbourne South at South All of the place shown hatched on Diagram Yarra but excluding any part of Toorak Road 2359 encompassing St Kilda Road, being the and the Toorak Road footpath. road reserve commencing at Princes Bridge, Dated 1 September 2016 Melbourne, at the southern boundary of Crown TIM SMITH Allotment 2021 Parish of Melbourne South to Executive Director a line drawn from the south-western corner of 2146 G 35 1 September 2016 Victoria Government Gazette
Retirement Villages Act 1986 SECTION 39 Cancellation of Retirement Village Notice I hereby declare that pursuant to section 9 of the Retirement Villages Act 1986, Retirement Heritage Act 1995 Village Notice U452327K, registered on 11 October 1996 on Certificate of Title Volume NOTICE OF REGISTRATION 11273 Folio 845, under the Transfer of Land As Executive Director for the purpose of Act 1958, is cancelled. the Heritage Act 1995, I give notice under Dated 26 August 2016 section 46 that the Victorian Heritage Register is amended by including the following place in SIMON COHEN the Heritage Register: Deputy Secretary, Regulation and Director, Consumer Affairs Victoria Number: H2313 Category: Heritage Place Place: Barunah Plains Retirement Villages Act 1986 Location: 4484 Hamilton Highway, Hesse SECTION 32 Golden Plains Shire Extinguishment of Retirement Village Charge I hereby declare that pursuant to section 29 of the Retirement Villages Act 1986, Retirement Village Charge U452332W, registered on 11 October 1996 on Certificate of Title Volume 11273 Folio 845, under the Transfer of Land Act 1958, is extinguished. Dated 26 August 2016 SIMON COHEN Deputy Secretary, Regulation and Director, Consumer Affairs Victoria
All of the place shown hatched on Diagram 2313 encompassing part of Lot 1 on Plan of Subdivision 549946, all of Crown Allotment 17F and parts of Crown Allotments 2002 and 2008 Parish of Hesse, and all of a former unnamed road reserve. Dated 1 September 2016 TIM SMITH Executive Director Victoria Government Gazette G 35 1 September 2016 2147
Melbourne Cricket Ground Act 2009 MELBOURNE CRICKET GROUND FLOODLIGHT DETERMINATION NO. 2/2016 I, John Eren, Minister for Tourism and Major Events, make the following determination: 1. Title This determination may be cited as the Melbourne Cricket Ground (Operation of Floodlights) Determination No. 2/2016. 2. Objectives The objectives of the determination are to: (a) specify the days and times during which the floodlights affixed to the floodlight towers at the Melbourne Cricket Ground (MCG) may be used; and (b) specify the purpose for which the floodlights may be used on those days. This determination replaces the MCG (Operation of Floodlights) Determination No. 1/2016, as made by the Minister for Tourism and Major Events on 9 March 2016 and published in the Victoria Government Gazette (Special) No. S 61 Thursday 17 March 2016. 3. Authorising provision This determination is made under section 30 of the Melbourne Cricket Ground Act 2009. 4. Floodlights may be used on certain days at certain times and for certain purposes The floodlights affixed to the floodlight towers at the MCG may be used: (a) Between 8.00 am and 11.30 pm for the purposes of conducting Australian Football League finals matches, on any of the following days: 9 September 2016 10 September 2016 11 September 2016 16 September 2016 17 September 2016 23 September 2016 24 September 2016 1 October 2016. Dated 25 August 2016 JOHN EREN MP Minister for Tourism and Major Events 2148 G 35 1 September 2016 Victoria Government Gazette
Plant Biosecurity Act 2010 ORDER PROHIBITING OR RESTRICTING THE ENTRY OR IMPORTATION OF ELECTRIC ANT HOST MATERIAL INTO VICTORIA I, Gabrielle Vivian-Smith, as delegate of the Minister for Agriculture, being of the reasonable suspicion that the exotic pest electric ant exists within Australia but outside Victoria, make the following Order. 1 Objective The objective of this Order is to prohibit, restrict or impose conditions upon the entry or importation into Victoria of electric ant host materials. 2 Authorising provision This Order is made under section 36(1) of the Plant Biosecurity Act 2010 (the Act). 3 Commencement This Order comes into force on the day of making. 4 Definitions In this Order – ‘electric ant’ means the exotic pest Wassmannia auropunctata Rogers. ‘electric ant host material’ means any material capable of harbouring electric ants including plants, plant products, agricultural equipment and used packages. 5 Prohibitions, restrictions and conditions The following prohibitions, restrictions and conditions are specified in relation to the entry or importation of electric ant host material. (a) The entry or importation into Victoria of any electric ant host material is prohibited. (b) Sub-clause (1) does not apply if the electric ant host material – (i) was grown on, sourced from or last used on a property that is located in a State or Territory or part of a State or Territory for which an area freedom certificate, issued by an officer responsible for agriculture in the State or Territory where the electric ant host material was grown, sourced or last used, is currently in force certifying that the State or Territory or part of the State or Territory is known to be free of electric ant; or (ii) is accompanied by a plant health certificate, assurance certificate or plant health declaration, certifying or declaring that the material has been tested or treated in a manner described in Schedule 1; or (iii) enters Victoria under and in accordance with a permit issued by an inspector and there is compliance with any conditions or requirements set out in the permit. 6 Verification of Consignments Where requested by an inspector, electric ant host material imported into Victoria which is required by clause 5(b)(ii) to be accompanied by a certificate or declaration must be – (a) presented to an inspector for inspection; or (b) presented for verification by a person accredited to do so by the Department of Economic Development, Jobs, Transport and Resources. 7 Expiry This Order remains in force for a period of 12 months after the day of making. Victoria Government Gazette G 35 1 September 2016 2149
Schedule 1 (1) Plants or plant products must be – (a) grown or sourced from a property which – (i) has been inspected within the last 28 days by an inspector and found free of electric ants; and (ii) has not received electric ant host material from a property known to be, or suspected to be, infested with electric ants, unless treated in accordance with sub-clauses (1)(b), (1)(c), (1)(d), (1)(e) or (1)(f) of this schedule; or (b) for plants only, treated by – (i) incorporation of 2 g/kg granular bifenthrin at a rate of at least 10 ppm/m³ of potting media; or (ii) drenching with a solution containing 30–40 ml of 500 g/L chlorpyrifos per 100 L of water; or (iii) incorporation of 100 g/kg granular chlorpyrifos at the rate of 1 kg/m³ of potting media; or (c) for householders only, drenched in a solution containing 16 ml of 12.5 g/L cyfluthrin per 10 L of water; or (d) for containerised plants and flower or vegetable propagules only, be grown – (i) in a fully enclosed growth house; and (ii) in a sterile medium; and (iii) not directly in contact with soil; or (e) for hay and straw only, be treated by fumigation with methyl bromide at a rate of – (i) 24–32 g/m³ at greater than 15°C for 24 hours, or (ii) 32–40 g/m³ at 10–15°C for 24 hours; or (f) for turf only, be – (i) treated by cover spraying, at least 48 hours before lifting, with a solution of containing 500 g/L of chlorpyrifos at the rate of 2 L/ha; and (ii) despatched within 28 days of treatment. (2) Agricultural equipment must be – (a) cleaned free of soil and organic matter by – (i) brushing; or (ii) high pressure water; or (iii) steam; and (b) inspected and found free of electric ants. (3) Used packages must be – (a) cleaned free of soil and organic matter by – (i) brushing; or (ii) high pressure water; or (iii) steam; and (b) disinfected by dipping or spray rinsing for at least 1 minute with – (i) a solution of phenolic disinfectant followed by rinsing with water; or (ii) a solution of at least 50 ppm available chlorine where the pH is maintained between 6.5 to 7.0; or (iii) another approved disinfectant; and (c) inspected and found free of electric ants. 2150 G 35 1 September 2016 Victoria Government Gazette
(4) Earth material, including landscaping materials, must be – (a) inspected within the last 28 days by an inspector and found free of electric ants; and (b) treated by heating to a minimum of 65.5°C using steam or dry heat. Notes: Section 38 of the Act provides that it is an offence for a person to cause, permit or assist any plant, plant product, plant vector, used equipment, used package, earth material or beehive to enter Victoria in contravention of an importation order under section 36. The maximum penalty of 60 penalty units applies in the case of a natural person and 300 penalty units in the case of a body corporate. Terms in this Order that are defined in the Act have that meaning. Dated 29 August 2016 GABRIELLE VIVIAN-SMITH Chief Plant Health Officer
Plant Biosecurity Act 2010 ORDER PROHIBITING OR RESTRICTING THE ENTRY OR IMPORTATION OF TOMATO YELLOW LEAF CURL VIRUS HOST MATERIAL INTO VICTORIA I, Gabrielle Vivian-Smith, as delegate of the Minister for Agriculture, being of the reasonable suspicion that the exotic disease tomato yellow leaf curl virus (TYLCV) exists within Australia but outside Victoria, make the following Order. 1 Objective The objective of this Order is to prohibit, restrict or impose conditions upon the entry or importation into Victoria of tomato yellow leaf curl virus host materials. 2 Authorising provision This Order is made under section 36(1) of the Plant Biosecurity Act 2010 (the Act). 3 Commencement This Order comes into force on the day of making. 4 Revocation The Order made under section 36 of the Plant Biosecurity Act 2010, and published in Government Gazette G40 on 8 October 2015 at pages 2148 to 2149 is revoked. 5 Definitions In this Order – ‘TYLCV host material’ means any plant or plant product, excluding fruit and seeds, of tomatoes (Lycopersicon esculentum), beans (Phaseolus vulgaris), lisianthus (Eustoma grandiflorum), lobed croton (Croton lobatus) and all species of Capsicum, Euphorbia and Physalis. 6 Prohibitions, restrictions and conditions The following prohibitions, restrictions and conditions are specified in relation to the entry or importation of TYLCV host material. (a) The entry or importation into Victoria of any TYLCV host material is prohibited. (b) Sub-clause (1) does not apply if the TYLCV host material – (i) was grown on, sourced from or last used on a property that is located in a State or Territory or part of a State or Territory for which an area freedom certificate, issued by an officer responsible for agriculture in the State or Territory where the TYLCV host material was grown, sourced or last used, is currently in force certifying that the State or Territory or part of the State or Territory is known to be free of TYLCV; or Victoria Government Gazette G 35 1 September 2016 2151
(ii) is accompanied by a plant health certificate, assurance certificate or plant health declaration, certifying or declaring that the material has been tested or treated in a manner described in Schedule 1; or (iii) enters Victoria under and in accordance with a permit issued by an inspector and there is compliance with any conditions or requirements set out in the permit. 7 Verification of Consignments Where requested by an inspector, TYLCV host material imported into Victoria which is required by clause 6(b)(ii) to be accompanied by a certificate or declaration must be – (a) presented to an inspector for inspection; or (b) presented for verification by a person accredited to do so by the Department of Economic Development, Jobs, Transport and Resources. 8 Expiry This Order remains in force for a period of 12 months after the day of making. Schedule 1 (1) Plants or plant products must be – (a) grown and packed on property located more than 20 km from a detection of TYLCV; or (b) grown under a pest management program which prevents the introduction of silverleaf whitefly (SLW) and TYLCV. A pest management program must include – (a) propagation – (i) in an insect-proof production area (e.g. screenhouse or glasshouse) which is known to be free of SLW by monitoring for the presence of SLW; or (ii) using a treatment and weed control program involving a program of chemicals registered for the control of SLW, and the removal of weeds from – inside production areas; and areas surrounding production areas; and monitoring for the presence of SLW and no SLW detected; and (b) in the case of material propagated vegetatively (e.g. cuttings) – (i) plants from which the material was sourced (mother stock) must be – tested at least every 6 months and found to be free of TYLCV; and grown under conditions described in sub-clause (a); and (ii) the cuttings must be grown under conditions described in sub-clause (a); and (c) inspection of all plants in the consignment, at the rate of 600 plants per consignment, and found to be free of SLW and symptoms of TYLCV; and (d) packing so as to prevent infestation with SLW. Notes: Section 38 of the Act provides that it is an offence for a person to cause, permit or assist any plant, plant product, plant vector, used equipment, used package, earth material or beehive to enter Victoria in contravention of an importation order under section 36. The maximum penalty of 60 penalty units applies in the case of a natural person and 300 penalty units in the case of a body corporate. Terms in this Order that are defined in the Act have that meaning. Dated 29 August 2016 GABRIELLE VIVIAN-SMITH Chief Plant Health Officer 2152 G 35 1 September 2016 Victoria Government Gazette
Road Safety Act 1986 DECLARATION UNDER SECTION 99B(4) IN RELATION TO NON-ROAD ACTIVITIES ON ROADS WITHIN THE SHIRES OF SURF COAST SHIRE AND COLAC OTWAY SHIRE FOR 2016 AMY’S GRAN FONDO HELD ON SATURDAY 10 SEPTEMBER 2016 AND SUNDAY 11 SEPTEMBER 2016 1 Purpose The purpose of this Declaration is to exempt participants in the 2016 Amy’s Gran Fondo from specified provisions of theRoad Safety Act 1986 and regulations under that Act with respect to the Event, which is a non-road activity to be conducted in Lorne, Skenes Creek, Tanybryn, Forrest, Murroon, Pennyroyal, Deans Marsh and Benwerrin. 2 Authorising provision This notice is made under section 99B(4) of the Road Safety Act 1986. Section 99B(4) provides that the Minister may, on the application of a person proposing to conduct a non-road activity on a highway, by notice published in the Government Gazette, declare that specified provisions of the Road Safety Act 1986 and of the regulations made under that Act do not apply with respect to the non-road activity specified in the notice during the period specified in the notice. 3 Commencement This notice takes effect on Saturday 10 September 2016 at 12.30 pm once the road is declared closed by Victoria Police. 4 Expiry This notice expires on Sunday 11 September 2016 at 4.30 pm. 5 Definitions In this notice, unless the context or subject matter otherwise requires – a) ‘Event’ means the 2016 Amy’s Gran Fondo, to be held on Saturday 10 September 2016 and finishing on Sunday 11 September 2016; and b) ‘Participants’ means participants in the Event, including officers, members and authorised agents of the 2016 Amy’s Gran Fondo, whose presence is reasonably required to ensure the safe conduct of the Event. 6 Declaration I, Bill Glasgow, as delegate of the Minister for Roads, under section 99B(4) of the Road Safety Act 1986, declare that the provisions of the Road Safety Act 1986 and regulations specified in Table 1 do not apply to Participants engaged in activities forming part of the Event on the highway specified in column 1 of Table 2 on the date and during the period specified in column 2 of Table 2. Table 1 Provisions of the Road Safety Act 1986 and regulations under that Act that do not apply to participants in the Event Road Safety Act 1986 ALL Road Safety Road Rules 2009 ALL, except Rule 304 (Direction by a Police Officer or Authorised person) Road Safety (Vehicles) Regulations 2009 ALL Victoria Government Gazette G 35 1 September 2016 2153
Table 2 Saturday 10 September 2016 Column 1 Column 2 Highway Date and time Great Ocean Road (Mount Joy Parade) Saturday 10 September 2016 between between Otway Street and Williams Street, Lorne the hours of 12.30 pm to 5.30 pm Sunday 11 September 2016 Column 1 Column 2 Highway Date and time Great Ocean Road (Mount Joy Parade) Sunday 11 September 2016 between between Grove Road and Bay Street, Lorne the hours of 5.30 am to 4.30 pm Great Ocean Road Sunday 11 September 2016 between between Bay Street, Lorne and Skenes Creek Road, the hours of 9.00 am to 3.30 pm Skenes Creek Skenes Creek Road Sunday 11 September 2016 between between Great Ocean Road, Skenes Creek and the hours of 9.00 am to 2.00 pm Beech Forrest Road (Turtons Track), Tanybryn Forrest–Apollo Bay Road Sunday 11 September 2016 between between Beech Forrest Road (Turtons Track), Tanybryn the hours of 8.30 am to 1.00 pm and Colac–Forrest Road, Forrest Birregurra–Forrest Road Sunday 11 September 2016 between between Colac–Forrest Road, Forrest, and the hours of 8.00 am to 12.00 pm Division Road, Murroon Division Road (Local) Sunday 11 September 2016 between between Birregurra–Forrest Road, Murroon, and the hours of 8.00 am to 12.00 pm Murroon Road, Pennyroyal Murroon Road (Local) Sunday 11 September 2016 between between Division Road, Murroon, and the hours of 8.00 am to 12.00 pm Pennyroyal Station Road, Pennyroyal Pennyroyal Station Road (Local) Sunday 11 September 2016 between between Murroon Road, Pennyroyal, and Bushes Road, the hours of 8.00 am to 12.00 pm Deans Marsh Bushes Road (Local) Sunday 11 September 2016 between between Pennyroyal Station Road, Pennyroyal, and the hours of 8.00 am to 12.00 pm Birregurra–Deans Marsh Road, Deans Marsh Birregurra–Deans Marsh Road Sunday 11 September 2016 between between Bushes Road, Deans Marsh, and the hours of 7.30 am to 11.00 am Deans Marsh–Lorne Road, Deans Marsh Deans Marsh–Lorne Road Sunday 11 September 2016 between between Deans Marsh Road and Neade Street the hours of 6.30 am to 11.00 am Dated 29 August 2016 BILL GLASGOW Executive Director Roads Corporation 2154 G 35 1 September 2016 Victoria Government Gazette
Victorian Environmental Assessment Council Act 2001 VICTORIAN GOVERNMENT RESPONSE TO THE VICTORIAN ENVIRONMENTAL ASSESSMENT COUNCIL’S MARINE INVESTIGATION FINAL REPORT APRIL 2014 The Marine Investigation Final Report by the Victorian Environmental Assessment Council was publicly released on 7 May 2016. In accordance with the Victorian Environmental Assessment Council Act 2001 (section 25(1)), this response addresses each of the recommendations made in the report. Recommendation 1 – The long-term protection of biodiversity be explicitly recognised as the primary objective of management of the marine national parks and marine sanctuaries. The government accepts this recommendation. The National Parks Act 1975 includes the protection and preservation of the natural environment and indigenous flora and fauna amongst the foremost objectives for the management of marine national parks and marine sanctuaries. Consistent with this, the government will ensure that the strategy and policy which guides the management of the marine national parks and marine sanctuaries explicitly recognises the long-term protection of the natural environment and biodiversity as the primary management objective. The government also recognises that these areas provide a number of cultural and social benefits which are valued by the Victorian community and which need to be considered in management decisions. The Department of Environment, Land, Water and Planning (DELWP) and Parks Victoria will be responsible for implementing this recommendation. Recommendation 2 – Strategy and policy to guide management of the marine national parks and marine sanctuaries be updated by end 2015. The government accepts this recommendation, subject to the updating of the strategy and policy by the end of 2017 and subject to the outcomes of the Marine and Coastal Act under development. The government will ensure that there is clear guidance and policy direction for management of the marine national parks and marine sanctuaries to reflect changing circumstances since the first state-wide strategy was developed by Parks Victoria in 2003. This work will take into account other relevant policies and strategies including, but not limited to, the Victorian Coastal Strategy, Victorian Climate Change Adaptation Plan, the Port Phillip Bay Environmental Management Plan, the State of the Bay Report, the review of the State Environment Protection Policy (Waters of Victoria), regional coastal plans and regional catchment strategies. This strategy and policy will also take into account the development of a new Marine and Coastal Act as well as the development of a new strategy: ‘Protecting Victoria’s Environment – Biodiversity 2036’. In addition, the government will ensure the timely completion of operational strategies and policies to guide the management of individual marine national parks and marine sanctuaries. DELWP and Parks Victoria will be responsible for implementing this recommendation. Recommendation 3 – Parks Victoria prepare, in consultation with stakeholders, plans specifying priority management actions for each marine national park and marine sanctuary by end 2016. The government accepts this recommendation. Park management plans are in place for all marine national parks and marine sanctuaries and are the mechanism for public and stakeholder consultation. These will be updated or developed as resources and program priorities allow and will specify priority management actions. Victoria Government Gazette G 35 1 September 2016 2155
Parks Victoria is also developing conservation action plans for each marine national park and marine sanctuary that are due to be finalised by the end of 2017. For each area the plans will identify key threats and prioritise strategies and actions for addressing these threats, as well as aligning research and monitoring with key management activities. Parks Victoria is responsible for preparing park management plans and conservation action plans. Recommendation 4 – The research strategy for marine national parks and marine sanctuaries be revised by Parks Victoria and peer reviewed by end 2015 to specify more clearly the priority research topics to guide management. The government accepts this recommendation in principle. The government acknowledges the importance of the information which has been gathered about the natural values of Victoria’s marine national parks and marine sanctuaries. It recognises that the research strategy should be revised so that it articulates the priority research topics to guide management. The Parks Victoria Science Advisory Committee will provide peer review for the revised research strategy to ensure that research investment is more clearly guided towards informing future management of marine national parks and marine sanctuaries. Other organisations undertaking marine research will be consulted during the process to ensure a more cooperative and integrated approach across the marine environment. The research strategy will be aligned with measures proposed in the Marine and Coastal Act to ensure a baseline of the condition of coastal and marine environments is known. Parks Victoria’s current research plan covers all parks and Parks Victoria will work to ensure the marine component of the strategy is clearly defined and can guide management. Full implementation of this recommendation will depend on budget capacity and other program priorities. Parks Victoria is responsible for coordinating the revision and peer review of the research priorities for marine national parks and marine sanctuaries, working in partnership with relevant areas of government and within the framework of the research plan for the parks estate by end 2017, depending on availability of resources and other program priorities. This work will be undertaken in the context of the development of the Marine and Coastal Act that will consider how research into these areas can better inform knowledge of the condition of marine and coastal areas and hence policy and management. Recommendation 5 – Adequate funding be provided and maintained, and Parks Victoria ensure that resources are focused on minimising the important, avoidable threats to biodiversity of the marine national parks and marine sanctuaries. The government accepts this recommendation in principle. The government is committed to protection of Victoria’s parks and provided Parks Victoria with additional funding of $20 million for management of parks in the 2016–17 budget, building on the additional $18.7 million provided in the 2015–16 budget, in recognition of the reduction in past funding. DELWP will continue to work collaboratively with Parks Victoria to ensure it can continue to provide high quality management services in marine parks and sanctuaries as well as across the parks estate. A Port Phillip Bay Fund worth $10 million over four years has also been established to protect and preserve the health of the bay. Funding for the management of marine national parks and marine sanctuaries is prioritised and allocated as part of Parks Victoria’s organisational business planning. Within available budgets, resources will be directed to minimising the important, avoidable threats to biodiversity including through measures that are delivered with the community and stakeholders. Parks Victoria will be responsible for allocating funding and resources to activities which will have the greatest impact on mitigating the avoidable threats to the marine national parks and marine sanctuaries using a risk based approach. 2156 G 35 1 September 2016 Victoria Government Gazette
Recommendation 6 – Parks Victoria establish systematic and regular public reporting by end 2015 that includes: a. estimated levels of threats to marine national parks and marine sanctuaries, b. progress in delivery of achievable actions on threats, c. progress on planning, and d. resourcing. The government accepts this recommendation in principle. Parks Victoria will provide systematic and regular public reporting on the condition of key natural assets in marine national parks and marine sanctuaries and the level of threats and emerging trends by the end of 2016. This will include establishing a baseline and regular monitoring. This will be achieved through State of the Parks reports and will complement the development of new five yearly State of the Bays reports and work undertaken by the Environment Protection Authority (EPA). Progress in delivery of actions, planning and resourcing are addressed in the annual report. Victoria’s State of the Environment reporting process also provides regular reporting of Victoria’s environment including coastal waters, with the next report to be completed in 2018. This report will be part of a framework that seeks to align the State of the Environment Report with Victoria’s other environmental reports. A key report is the five yearly State of the Bays Report to be finalised by December 2016, that will report on the health of Port Phillip Bay and Western Port by considering existing research and data and identifying knowledge gaps, new data collection and monitoring priorities and indicators for future reporting. Other coastal and marine areas may be included in future State of the Bays reports. Parks Victoria will be responsible for implementing this recommendation in consultation with DELWP, as resources permit and depending on the outcomes of the Marine and Coastal Act development. Recommendation 7 – The results of research conducted in the marine national parks and marine sanctuaries be publicly available. The government accepts this recommendation. Parks Victoria will continue to make the results of research conducted in marine national parks and marine sanctuaries publically available where possible. Details of research which Parks Victoria has either led or partnered is currently publicly available in summary through Parks Victoria’s Technical Series, natural values reports and summaries for each of the monitoring surveys. DELWP will continue to work with Parks Victoria to identify priorities for research in the marine national parks and marine sanctuaries. There is currently a dedicated website providing a one-stop-shop for water quality and other information about the health of Port Phillip Bay and the Yarra River. This will be explored as a mechanism for making research on marine national parks and marine sanctuaries in Port Phillip Bay publicly available and will be aligned to the broader work on a State of the Bays report. Parks Victoria, the EPA and DELWP will be responsible for implementing this recommendation. Recommendation 8 – Research with potential to adversely affect biodiversity not be permitted in the marine national parks or marine sanctuaries, unless the research is critical for achieving their ecological purposes and there is no feasible alternative. The government accepts this recommendation. The established research permit framework administered by DELWP, in consultation with Parks Victoria, includes a thorough assessment of potential impacts of research proposals on biodiversity in the marine national parks and marine sanctuaries. In addition, proposed research projects are assessed in relation to consistency with current management objectives and on-ground projects, whether the proposed research project meets current standards for environmental research and provides a benefit to parks and park management. Victoria Government Gazette G 35 1 September 2016 2157
As far as possible, conditions are imposed on research methods through the approval process to reduce adverse environmental impacts. All research projects must justify why the research needs to be done inside a park rather than outside. DELWP administers the issuing of research permits on Crown land. Parks Victoria is responsible for providing advice and direction and approving research permits in the marine national parks and marine sanctuaries it manages. Recommendation 9 – Parks Victoria ensures that all data from the reef monitoring program for the marine national parks and marine sanctuaries be statistically analysed by end 2015 using methods that compare sites within and outside of these areas. The government accepts this recommendation in principle. Parks Victoria is establishing a marine reporting framework to report against Conservation Action Plans. These will be clear and measurable statements of the desired condition of natural assets and will enable data collected from reef monitoring activities to be compared against data collected from across the marine national parks and marine sanctuaries as well as reef environments outside of these areas. The data for the reporting framework will be analysed and available by the end of 2017. Parks Victoria will work with the EPA, DELWP and other interested stakeholders to review existing marine monitoring programs to ensure that monitoring programs are designed consistently and integrated with existing programs where possible. This will ensure monitoring objectives, approaches and indicators are appropriate and complete. Parks Victoria will be responsible for implementing this recommendation depending on availability of resources and other program priorities and on the outcomes of the Marine and Coastal Act development. Recommendation 10 – Parks Victoria conduct a review considering extension of the reef monitoring program to include other marine habitats within marine national parks and marine sanctuaries, and threats to achieving their ecological purposes, by end 2016. The government accepts this recommendation in principle. Parks Victoria will review and update the statewide monitoring program to consider the inclusion of other marine habitats based on development of the conservation action plans and peer review of the research and associated monitoring plans for each of the marine national parks and marine sanctuaries. Parks Victoria has developed a set of draft criteria for identifying monitoring priorities across the state with advice from its Science and Management Effectiveness Advisory Committee. Parks Victoria will work with interested stakeholders to review existing marine monitoring programs to ensure that monitoring programs are designed consistently and integrated with existing programs where possible. This will ensure monitoring objectives, approaches and indicators are appropriate and complete. Implementation of the review will depend on resource availability and funding priorities. Parks Victoria will be responsible for implementing this recommendation in consultation with DELWP and depending on the outcomes of the Marine and Coastal Act development. Recommendation 11 – Community volunteers be supported by Parks Victoria with appropriate advice and tools to assist them to provide observations and data that are most practically useful for management. The government accepts this recommendation. There is extensive involvement of community volunteers in a number of the marine national parks and marine sanctuaries. This includes surveys and monitoring activities as well as practical assistance with the removal of marine pests. 2158 G 35 1 September 2016 Victoria Government Gazette
Parks Victoria has recently updated the Sea Search methods and Sea Search manual (available online and in hard copy) to provide opportunities for volunteers with a wide range of interest and skill levels. These initiatives will help to assist volunteers in collecting data and making observations which can inform management of the marine national parks and marine sanctuaries directly. Parks Victoria will be responsible for continuing to work with community volunteers involved in data collection and other activities. Recommendation 12 – Parks Victoria conducts an initial audit to assist in prioritising ongoing maintenance programs to ensure that boundaries and fishing prohibitions are clearly communicated for the marine national parks and marine sanctuaries. The government accepts this recommendation. Parks Victoria will undertake a review of how effectively the boundaries and fishing prohibitions for the no-take marine national parks and marine sanctuaries are being communicated in order to assist in prioritising ongoing communication initiatives. In recent times new signs have been installed at boat ramps adjacent to various marine national parks and marine sanctuaries with improved boundary information and other information, and piles have been installed at several locations to better mark park and sanctuary boundaries. Parks Victoria will be responsible for implementing this recommendation. Recommendation 13 – Education, engagement and interpretation be used to inform the broader community about the boundaries, ecological values and purposes of marine national parks and marine sanctuaries to encourage awareness of, and compliance with, fishing prohibitions. The government accepts this recommendation. The government supports continued efforts to encourage a broad understanding of the values associated with the marine national parks and marine sanctuaries, and the fishing prohibitions which apply. The government also supports more targeted education and extension efforts to ensure recreational and commercial fishers are aware of their regulatory responsibilities in relation to the marine national parks and sanctuaries. Parks Victoria will disseminate information on the boundaries, ecological values and purposes of marine national parks and marine sanctuaries through existing education programs and tools. The Department of Economic Development, Jobs, Transport and Resources (DEDJTR) will assist Parks Victoria and continue communication efforts such as the recreational fishing guide and forums such as the Recreational Fishing Round Table. DEDJTR also provides assistance through the fisheries education program that includes information on boundaries to fishing clubs and active fishers in the field and teaches a range of people and groups about responsible fishing, including the value and purpose of marine protected areas. DEDJTR also engages with communities at higher risk of fisheries offences, including migrant and refugee communities who may be just starting to explore recreational fishing and be less aware of the applicable rules and management arrangements. Recommendation 14 – Parks Victoria develops a publicly available strategy and ensures an effective ongoing program is in place for enforcing fishing prohibitions in the marine national parks and marine sanctuaries by end 2015. The government accepts this recommendation in principle. There are several strategies and plans already in place to enforce fishing prohibitions in the marine national parks and marine sanctuaries. DEDJTR, as the primary agency responsible for enforcing fishing prohibitions in marine national parks and marine sanctuaries will support Parks Victoria in the development of regional compliance plans. This approach promotes a consistent stakeholder experience for fishers and leverages DEDJTR’s intelligence-led approach. Victoria Government Gazette G 35 1 September 2016 2159
There is a range of publicly available resources and information to assist understanding and enlist public support for compliance with regulations. These will be regularly reviewed and include the offence reporting hotline 13 FISH, messages in park information and the use of new technologies. Enforcing the fishing prohibitions in marine national parks and marine sanctuaries is a core priority in DEDJTR’s Fisheries Victoria Compliance Strategy and Fisheries Annual Compliance Plan. Regional enforcement plans prepared by Parks Victoria include priority measures which address the enforcement of fishing prohibitions in marine national parks and marine sanctuaries specifically. To ensure operational effectiveness, not all aspects of these compliance plans will be publicly available. DEDJTR publishes its high level fisheries enforcement priorities on its public website, along with quarterly reports on compliance outcomes related to marine national parks and marine sanctuaries. Parks Victoria and DEDJTR will be responsible for implementing this recommendation. The Marine and Coastal Act could also help ensure compliance and enforcement are considered in all aspects of marine protected area management such as strategy, planning and operations. Recommendation 15 – The National Parks Act 1975 be amended to improve consistency with the provisions for terrestrial national parks by (i) adding the requirement to obtain the advice of the National Parks Advisory Council prior to giving consent to petroleum exploration in marine national parks and marine sanctuaries, and (ii) providing for similar tabling and disallowance provisions. The government accepts this recommendation in part. Part (i) The government does not accept this part of the recommendation. Petroleum exploration in marine national parks and marine sanctuaries (both above and below low water mark) is limited to operations from an aircraft or a vessel that does not detrimentally affect the seabed or any flora or fauna. In addition, the current policy is that there will be no release of additional acreage in marine national parks and marine sanctuaries for the purpose of exploration of oil and gas. The National Parks Act 1975 treats petroleum exploration in marine national parks and marine sanctuaries below low water mark (under the Offshore Petroleum and Greenhouse Gas Storage Act 2010) differently to exploration above low water mark (under the Petroleum Act 1998). The government recognises the tight constraints already imposed by the National Parks Act 1975 on the types of petroleum exploration that can be permitted in marine national parks and marine sanctuaries. Consequently, to avoid introducing additional administrative steps into the process relating to consents for such exploration, the government does not propose to introduce a mandatory requirement for the Minister to seek the advice of the National Parks Advisory Council prior to consenting to any petroleum exploration in those sections of marine national parks and marine sanctuaries below low water mark. The Minister can, on a case by case basis, use their discretionary power under section 11 of the National Parks Act 1975 to seek advice from the Council on such consents. Part (ii) The government supports improving the transparency of reporting on consents for petroleum exploration in marine national parks and marine sanctuaries below low water mark. It will seek to amend the National Parks Act 1975 to require any such consents to be tabled in both houses of Parliament. However, in recognition of the tight constraints already imposed by the National Parks Act 1975 and in order not to introduce an additional process before any consent takes effect, the government does not propose to amend the Act to enable Parliament to disallow such a consent. DELWP will be responsible for implementing this recommendation to the extent it is accepted. 2160 G 35 1 September 2016 Victoria Government Gazette
Recommendation 16 – Appropriate amendments be made to the National Parks Act 1975 to reflect the current policy that does not allow discharge of seismic sources within marine national parks and marine sanctuaries. The government accepts this recommendation in principle. The government supports the continuation of the existing policy to disallow discharge of seismic sources within Victoria’s marine national parks and marine sanctuaries and no release of additional acreage in marine national parks and marine sanctuaries for the purpose of exploration of oil and gas. Before considering any amendments to the National Parks Act 1975 the government would wish to carry out a review of the current scientific evidence about the effects of seismic survey on marine life. DELWP will be responsible for implementing this recommendation in consultation with DEDJTR and in consideration of the Marine and Coastal Act development. Recommendation 17 – The development of state-wide policy be prioritised, in consultation with stakeholders, to guide ecologically sustainable management and use of Victoria’s marine environment. The government accepts this recommendation. This policy will be developed in the context of the government’s commitment to establish a new Marine and Coastal Act. Other relevant policies, strategies and priorities will also be considered. Several existing Victorian strategies and initiatives are in place or being reviewed that seek to ensure the sustainable management and use of the marine environment. Implementation of key actions of the Victorian Coastal Strategy 2014 will provide some opportunities to integrate policy and management objectives across the marine environment. Regional catchment strategies are critical in identifying actions to improve catchment condition and reduce impacts on the marine environment. Other relevant work includes the development of an Environment Management Plan for Port Phillip Bay and a review of the State Environment Protection Policy (Waters of Victoria) that is under way and due to be completed by the end of 2017. DELWP will be responsible for implementing this recommendation with assistance from agencies involved in management and policy related to the marine environment. Recommendation 18 – The existing policy, objectives and targets for marine water quality in Victoria be updated as soon as practicable, giving priority to targets for embayments. The government accepts this recommendation. DELWP is coordinating a review of the State Environment Protection Policies (SEPP) (Waters of Victoria and the Groundwater of Victoria) to guide the ecologically sustainable management and use of Victoria’s water environments including the marine environment (and including embayments). This policy provides the legal framework to protect and improve Victoria’s water environments. It establishes, in law, the uses and environmental values (beneficial uses) Victorians want to protect, defines the water quality standards needed to protect these beneficial uses and actions to be taken to achieve sustainable surface waters. This work will be undertaken in the context of the government’s commitment to undertake five-yearly State of the Bay reports and the establishment of a new Marine and Coastal Act. A new water plan, ‘Water for Victoria’, is also being developed that will set the strategic directions for water management in Victoria. The plan will address amongst other things the management of water for healthy waterways, bays and catchments. DELWP, working with Melbourne Water and other agencies, is also currently developing an Environment Management Plan for Port Phillip Bay which will provide more specific guidance on key threats to the health of the bay and actions to address these. It will inform the review of targets and objectives as part of the SEPP. Victoria Government Gazette G 35 1 September 2016 2161
Through this process, DELWP will work with the EPA, Parks Victoria and other agencies to identify broad goals and actions which aim to prevent future degradation of marine ecosystems and subsequent flow on effects to marine protected areas. The objectives and targets for marine water quality in Victoria will be reviewed and where required updated using the best available science. Catchment Management Authorities prepare regional catchment strategies that may also address catchment based risks to marine protected areas and embayments. DELWP will be responsible for implementing this recommendation with assistance from the EPA, Melbourne Water and Parks Victoria and in consideration of the Marine and Coastal Act development. Recommendation 19 – High priority be given to preventing translocation of new marine pests to the marine national parks and marine sanctuaries, and for quickly eradicating new pests where it is practically feasible. The government accepts this recommendation in principle. This work will be undertaken within frameworks at the national and state level including procedures outlined in the National Environmental Biosecurity Response Agreement to deal with new pests, the Victorian Invasive Plants and Animals Policy Framework and the Victorian Emergency Management Manual. The Commonwealth Biosecurity Act 2015, when it comes into effect will supersede the Victorian arrangements for control of domestic ballast water. The Act came in to force in June 2016, however commencement of the provisions for domestic ballast has been deferred. Victoria is working with the Commonwealth Government to implement the provisions of the Act concerning domestic ballast water and to ensure continuing protection of Victoria’s marine environment. Further, the National Review of Marine Pest Biosecurity included recommendations that the Australian governments develop regulations to reduce the risk associated with biofouling for vessels arriving in Australia. DELWP, DEDJTR and Parks Victoria are currently responsible for the management of existing and potential invasive species in the marine environment based on a biosecurity approach. This is an integrated approach that identifies and prioritises biosecurity risks and threats and is underpinned by a risk-management framework for decision making. Implementation of this recommendation will need to be considered in relation to current strategies at national and state levels. DEDJTR and a number of other agencies currently have responsibilities for management of marine pests, including the EPA for domestic ballast water management (pending commencement of the relevant provisions of the Commonwealth Biosecurity Act). DELWP will work with DEDJTR to clarify policy and responsibilities related to state wide management of marine pests. This may be informed by work on the Marine and Coastal Act. As part of its existing obligations under the National Parks Act 1975 to prevent and manage pests in the marine national parks and marine sanctuaries, Parks Victoria will incorporate marine pest surveillance and monitoring into its new state-wide monitoring plan for these areas. Priority areas for surveillance will be based on the conservation action plans and other research projects. The Victorian Coastal Strategy identified an action to update key policies and guidelines for protocols regarding marine emergencies in state coastal waters including marine pest incursions. DELWP, DEDJTR and Parks Victoria will work together with other relevant agencies and key stakeholders, including the fishing and boating communities, to implement this recommendation, depending on budget capacity, other program priorities and in consideration of the Marine and Coastal Act development. Recommendation 20 – Management approaches be established to reduce the threat posed by biofouling in Victoria, while national approaches are developing. The government accepts this recommendation in principle. 2162 G 35 1 September 2016 Victoria Government Gazette
The Commonwealth Government, in consultation with state jurisdictions and industry stakeholders reviewed existing arrangements and will implement improvements for a strengthened national approach to marine pest biosecurity over the next three years. This includes the development of regulations to reduce the marine pest biosecurity risk associated with biofouling on vessels arriving in Australia. Victoria supports efforts to establish national approaches to reduce the threat of biofouling, recognising that this is the most effective and efficient way to address this threat. How these approaches could be implemented will need to be considered in the development of the Marine and Coastal Act. Recommendation 21 – Appropriate administrative arrangements and resourcing be established, integrated with Victoria’s wider biosecurity arrangements, for responding to marine pest emergencies. The government accepts this recommendation in principle. Marine pest management will be considered within the broader marine biosecurity function to ensure better integration of approaches across biosecurity and enable leverage of expertise and capacity to respond to marine pest emergencies. The government will continue to work to better define roles and responsibilities and to determine appropriate resourcing in order to deliver this recommendation. Responsibilities for pest management are under discussion to determine opportunities to strengthen and improve alignment. DEDJTR is the lead agency for biosecurity. This includes aquatic diseases but currently excludes policy and management for marine pests, including emergency response, where DELWP is responsible. These departments will continue to work together within the Intergovernmental Agreement on Biodiversity and emergency response management to new incursions. The Marine and Coastal Act may also provide further clarity around these arrangements. Recommendation 22 – The boundaries of the Nooramunga Marine and Coastal Park be formally defined to include the marine areas to the mean high water mark, the pre- existing Nooramunga State Faunal Reserve, and historic sites at Old Settlement Beach and Tarraville. The government accepts this recommendation. Implementation of this recommendation will significantly progress the reservation of the park in accordance with previous government decisions by incorporating areas that have not yet been reserved as was originally intended. This will facilitate park management by establishing clearer boundaries and enabling the application of uniform legislation, including regulations. Recreational and commercial fishing will continue to be allowed where it is currently permitted. DELWP and Parks Victoria will identify appropriate boundary alignments when developing the necessary legislation. See also R25 and R28. DELWP will be responsible for implementing this recommendation, in consultation with Parks Victoria and relevant stakeholders. Recommendation 23 – The boundaries of the Corner Inlet Marine and Coastal Park be formally defined to include the marine areas to the mean high water mark (except where adjacent to Wilsons Promontory National Park), all islands in the inlet (except those in the Wilsons Promontory National Park), and coastal Crown land north and south of Yanakie Landing but excluding Yanakie caravan park and boat ramp (see note). Note: A timeframe for removal of boat sheds at Red Bluff in accordance with previous government decisions should be developed. The government accepts this recommendation. Victoria Government Gazette G 35 1 September 2016 2163
See the general comments above in response to R22. See also R25 and R28. As resources permit, a timeline for the removal of boat sheds at Red Bluff will be developed in consultation with the occupiers. Recommendation 24 – The boundaries of the Shallow Inlet Marine and Coastal Park be formally defined to include the marine areas to the mean high water mark, the sand spit, the beach and foreshore on the western side of the inlet and that part of the foreshore on the eastern side of the inlet south of and including the Shallow Inlet camping reserve area and boat ramp until it adjoins Wilsons Promontory National Park. The government accepts this recommendation. See the general comments above for R22. See also R25 and R28. Recommendation 25 – The remaining adjacent coastal Crown land not referred to in R22 to R24 and initially intended for inclusion in the marine and coastal parks be managed in a complementary way and, as resources permit, be assessed and boundaries defined for possible incorporation of areas to the relevant marine and coastal park in the future. The government accepts this recommendation. Implementation of this recommendation will enable areas not yet included in the parks through the implementation of R23–R25 to be formally included in the relevant parks as resources permit. DELWP will be responsible for implementing this recommendation in close consultation with Parks Victoria. Recommendation 26 – Management agreements with landowners adjacent to the marine and coastal parks be developed where the private land/Crown land boundary bisects areas of saltmarsh, mangroves and mudflats. The government accepts this recommendation. DELWP, Parks Victoria and other agencies and regional bodies such as Catchment Management Authorities and Landcare will continue to work with landowners, in accordance with regional priorities and as resources permit, to ensure complementary land management activities where the private land/Crown land boundary is intersected by areas of saltmarsh, mangroves and mudflats. This will be achieved through a range of mechanisms which will focus on providing incentives and entering into management agreements or covenants with willing landowners to protect, maintain or improve the environmental condition of these areas. An example of current work in this area is a partnership between the West Gippsland Catchment Management Authority, the Yarram Yarram Landcare Network and landholders adjacent to the Corner Inlet and Nooramunga Marine and Coastal Parks. Native vegetation offsets have also provided opportunities for agreements with adjacent landowners in Corner Inlet for the protection of saltmarsh habitat. DELWP and Parks Victoria will be responsible implementing this recommendation. Recommendation 27 – Wilsons Promontory Marine Reserve be incorporated into the Wilsons Promontory Marine Park. The government accepts this recommendation. Most of the original Wilsons Promontory Marine Reserve is now part of Wilsons Promontory Marine National Park, and the uses of the remaining parts of the reserve are identical to those permitted in the adjoining Wilsons Promontory Marine Park. Implementation of this recommendation will simplify land status and the number of land categories around Wilsons Promontory. Recreational and commercial fishing will continue to be allowed where it is currently permitted. DELWP will be responsible for implementing this recommendation. 2164 G 35 1 September 2016 Victoria Government Gazette
Recommendation 28 – The following areas be moved to Schedule Three of the National Parks Act 1975 (see note): a. Nooramunga, Corner Inlet and Shallow Inlet marine and coastal parks (with boundaries defined as in recommendations R22 to R24) b. Bunurong Marine Park c. Wilsons Promontory Marine Park (including the marine reserve in accordance with recommendation R27). Note: the parks are currently managed as though they were Schedule Three parks and no changes to the current uses are proposed. The government accepts this recommendation in part. The five parks (to the extent that they are currently formally reserved – see recommendations R22–R25) are currently included on Schedule Four to the National Parks Act 1975 and, through the legislative framework applying to those parks, are generally managed as if they were parks included on Schedule Three (Other Parks) to that Act. Legislation allows commercial fishing in four of the five parks and enables areas to be specified for deer and/or duck hunting in Nooramunga and Corner Inlet marine and coastal parks. Moving the parks from Schedule Four to Schedule Three will streamline the legislation applying to those areas. Provision will be made for appropriate legal access to areas of freehold land surrounded by Nooramunga Marine and Coastal Park and for grazing on Snake Island in that park. Whether cattle grazing continues in the park will be determined by a park management planning process. Recreational fishing and, where currently permitted, commercial fishing and hunting will continue. DELWP will be responsible for amending the legislation and will work with Parks Victoria on any management changes. Parks Victoria will be responsible for planning and management of the parks, in consultation with relevant stakeholders. Recommendation 29 – A process be commenced by end 2015, involving all relevant managing agencies and the community, to provide advice to government on biodiversity goals and objectives for the multiple-use marine protected areas. The government accepts this recommendation in principle. The government acknowledges the importance of establishing biodiversity goals and objectives to inform management for the multiple-use marine protected areas, based on a sound understanding of the biodiversity values in these areas and how they interact with approved uses. This will be considered as part of the development of a new biodiversity strategy: Protecting Victoria’s Environment – Biodiversity 2036. DELWP will be responsible for implementing this recommendation by end 2018, in consultation with relevant management agencies and the community and depending on the outcomes of the Marine and Coastal Act development. Recommendation 30 – Parks Victoria publishes Marine Natural Values reports that cover all multiple-use marine protected areas by end 2016 to support the implementation of recommendation R29. The government accepts this recommendation in principle. Preparation of marine natural values reports will be guided by the availability of information on biodiversity values for the multiple-use marine protected areas. The inventory of values information is needed for setting objectives for the parks which in turn provides the basis for management planning. Planning objectives also guide the research, monitoring and evaluation that feed into ongoing management improvements. Victoria Government Gazette G 35 1 September 2016 2165
Parks Victoria will be responsible for implementing this recommendation as resources permit. This work will be undertaken in the context of other environmental reporting processes detailed in the response to R6 and the development of the Marine and Coastal Act. Recommendation 31 – Relevant management plans and integrated management arrangements be developed and/or updated consistent with the agreed objectives arising from implementation of recommendation R29. The government accepts this recommendation in principle. The government will ensure that management plans for the multiple-use marine protected areas reflect agreed biodiversity goals and objectives identified in R29. The government will also work to ensure that biodiversity goals and objectives are reflected in management planning by other agencies with management responsibilities relating to these areas. Other relevant policies and strategies will be taken into account in the development of these plans, including SEPPs and Regional Catchment Strategies. Parks Victoria will be responsible for implementing this recommendation as resources permit and will work with other relevant agencies to ensure integrated management arrangements for the multiple-use marine protected areas. Implementation will also depend on the Marine and Coastal Act development that will consider improved management and oversight arrangements. Recommendation 32 – A research strategy be developed and peer reviewed for multiple- use marine protected areas by end 2016 to specify the priority research topics to inform management. The government accepts this recommendation in principle. The government recognises the potential value in applying adaptive management to Victoria’s multiple-use marine protected areas, and that research and monitoring will be important components of this approach. Parks Victoria’s research plan will address priority research needs across all marine protected areas by end 2017. The Parks Victoria Science Advisory Committee will provide peer review for the revised research strategy to ensure that research investment is more clearly guided towards informing future management of marine national parks and marine sanctuaries. To maximise efficient investment, resource allocation and community participation, the government will consider establishing an integrated strategy which addresses research needs across all of the marine environment. Parks Victoria will be responsible for implementing this recommendation, in consultation with other relevant agencies and as resources permit. Recommendation 33 – Parks Victoria strategically focuses education, engagement and interpretation on a selected subset of marine national parks and marine sanctuaries, and that these areas be used to profile the role and function of the no-take system. The government accepts this recommendation in principle. The government will continue to consider state-wide priorities for education, engagement and interpretation across the marine protected areas. Parks Victoria’s Education and Interpretation Framework will continue to guide the strategic delivery of education and interpretation at key marine protected area sites. This approach will ensure an emphasis on delivering services at sites in marine protected areas that were established for their suitability for recreation and education while helping to promote and protect the value and significance of other areas in the no-take system. Parks Victoria will be responsible for implementing and communicating this recommendation in coordination with key stakeholders as resources permit. 2166 G 35 1 September 2016 Victoria Government Gazette
Recommendation 34 – Parks Victoria continues to support community groups (e.g. Marine Care and Friends groups) in educating the broader community about the boundaries and ecological values of some of the no-take areas, and supports Traditional Owners in extending education activities to include education about Aboriginal cultural heritage values. The government accepts this recommendation. The government recognises the value and importance of working closely with community groups and Traditional Owners to provide education on the regulations and values, including Aboriginal cultural heritage values, associated with the no-take areas. Parks Victoria will continue to work with key community groups and Traditional Owners to promote the Aboriginal cultural heritage values as well as the ecological values of the marine national parks and marine sanctuaries. Recommendation 35 – Visitor research and monitoring be extended by Parks Victoria to include the multiple-use marine protected areas by end 2016. The government accepts this recommendation in principle. The government acknowledges the social benefits derived from the multiple-use marine protected areas, and that understanding and management of these benefits can be enhanced through visitor research and monitoring. Parks Victoria will consider opportunities to extend visitor research and monitoring activities to the multiple-use marine protected areas, through existing data collection programs as resources permit. Recommendation 36 – Models for joint management established in the Traditional Owner Settlement Act be extended as appropriate to marine protected areas as the framework for developing partnerships with Traditional Owners. The government accepts this recommendation. The government recognises that the existing framework for joint management can be applied more broadly to marine protected areas. The Government will consider opportunities to establish joint management arrangements for these areas, in line with the framework established under the Traditional Owner Settlement Act 2010. DELWP will be responsible for implementing this recommendation in consultation with Parks Victoria and the Department of Justice and Regulation. Recommendation 37 – Non-legislative collaborative frameworks be explored for developing partnerships with Traditional Owners in the multiple-use marine protected areas. The government accepts this recommendation. The government will continue to collaborate and develop partnerships with Traditional Owners to include Traditional Owner knowledge and access to resources in the management of multiple-use marine protected areas. Parks Victoria and DELWP will be responsible for implementing this recommendation. Recommendation 38 – An independent review of the effectiveness of management of the marine protected areas be conducted by end 2018. Commencing in 2015 and until this review has been completed, an interim audit of progress with relevant recommendations of this investigation that are accepted by Government be included as an annex to each ‘annual report on the working of the National Parks Act 1975’ (see note). Note: The relevant recommendations that should be audited are R2–R5, R9–R12, R14–R16, R22–R32, R35. The government accepts this recommendation in principle. Victoria Government Gazette G 35 1 September 2016 2167
Work on the process for an independent review will be undertaken in the context of the government’s policy commitments including five yearly State of the Bay reports and the establishment of a new Marine and Coastal Act. Consideration will need to be given to how best to audit actions and to measure the outcomes of the management of the marine protected areas. Timing will depend on progress with implementing the specified recommendations. The government supports reviewing the effectiveness of management of the marine protected areas and will provide regular reporting against the progress of implementing the specified VEAC recommendations, to the extent that they have been accepted, in the National Parks Act annual report, commencing in 2017. DELWP will be responsible for implementing this recommendation depending on the outcomes of the Marine and Coastal Act development. 2168 G 35 1 September 2016 Victoria Government Gazette
Planning and Environment Act 1987 BOROONDARA PLANNING SCHEME Notice of Approval of Amendment Amendment C242 The Minister for Planning has approved Amendment C242 to the Boroondara Planning Scheme. The Amendment comes into operation on the date this notice is published in the Government Gazette. The Amendment introduces heritage controls to 2A Oak Street, Hawthorn, on an interim basis until 31 March 2017. A copy of the Amendment can be inspected, free of charge, at the Department of Environment, Land, Water and Planning website at www.delwp.vic.gov.au/public-inspection and free of charge, during office hours, at the offices of the Boroondara City Council, Level 1, 8 Inglesby Road, Camberwell. CHRISTINE WYATT Deputy Secretary Planning Department of Environment, Land, Water and Planning
Planning and Environment Act 1987 CASEY PLANNING SCHEME Notice of Approval of Amendment Amendment C189 The Minister for Planning has approved Amendment C189 to the Casey Planning Scheme. The Amendment comes into operation on the date this notice is published in the Government Gazette. The Amendment introduces a new incorporated document titled ‘Casey Central Town Centre Precinct Structure Plan’ at Clause 81.01, inserts a new Schedule 10 to the Clause 37.07 to implement the structure plan, and makes consequential changes to the Schedules to Clause 52.01, 52.17 and 66.04 to implement the structure plan. A copy of the Amendment can be inspected, free of charge, at the Department of Environment, Land, Water and Planning website at www.delwp.vic.gov.au/public-inspection and free of charge, during office hours, at the offices of the Casey City Council, Magid Drive, Narre Warren, Victoria 3805. CHRISTINE WYATT Deputy Secretary Planning Department of Environment, Land, Water and Planning Victoria Government Gazette G 35 1 September 2016 2169
Planning and Environment Act 1987 GREATER SHEPPARTON PLANNING SCHEME Notice of Approval of Amendment Amendment C98 (Part 2) The Minister for Planning has approved Amendment C98 (Part2) to the Greater Shepparton Planning Scheme. The Amendment comes into operation on the date this notice is published in the Government Gazette. The Amendment rezones 77 hectares of land west of the Goulburn Valley Highway and Verney North Road, North Shepparton, from the Farming Zone 1 (FZ1) to the Low Density Residential Zone (LDRZ) and applies the Development Plan Overlay (Schedule 23). A copy of the Amendment can be inspected, free of charge, at the Department of Environment, Land, Water and Planning website at www.delwp.vic.gov.au/public-inspection and free of charge, during office hours, at the offices of the Greater Shepparton City Council, 90 Welsford Street, Shepparton. CHRISTINE WYATT Deputy Secretary Planning Department of Environment, Land, Water and Planning
Planning and Environment Act 1987 HUME PLANNING SCHEME Notice of Approval of Amendment Amendment C200 The Minister for Planning has approved Amendment C200 to the Hume Planning Scheme. The Amendment comes into operation on the date this notice is published in the Government Gazette. The Amendment corrects a number of anomalies within the incorporated Merrifield West Precinct Structure Plan (PSP) and Merrifield West Developer Contributions Plan (DCP) and makes consequential changes to the Urban Growth Zone Schedule 4, Development Contributions Plan Overlay Schedule 4, Schedule to Clause 52.01 (Public Open Space Contribution and Subdivision) and Schedule to Clause 81.01 (Reference Documents) to reflect the updated documents. A copy of the Amendment can be inspected, free of charge, at the Department of Environment, Land, Water and Planning website at www.delwp.vic.gov.au/public-inspection and free of charge, during office hours, at the offices of the: Hume City Council – 1079 Pascoe Vale Road, Broadmeadows 3047; and Metropolitan Planning Authority – Level 29, 35 Collins Street, Melbourne 3000. CHRISTINE WYATT Deputy Secretary Planning Department of Environment, Land, Water and Planning 2170 G 35 1 September 2016 Victoria Government Gazette
Planning and Environment Act 1987 MARIBYRNONG PLANNING SCHEME Notice of Approval of Amendment Amendment C135 The Minister for Planning has approved Amendment C135 to the Maribyrnong Planning Scheme. The Amendment comes into operation on the date this notice is published in the Government Gazette. The Amendment implements the Highpoint Planning and Urban Design Framework, September 2015 by rezoning land to Mixed Use Zone and Commercial 1 Zone, amending Clause 21.11- 2 (Highpoint Activity Centre), introducing a new Schedule 12 to Clause 43.02 (Design and Development Overlay), introducing a new Schedule 17 to Clause 43.04 (Development Plan Overlay), applying the Environmental Audit Overlay to additional properties within the Highpoint Activity Centre, deleting the Incorporated Plan Overlay – Schedule 1 and amending the Schedule to Clause 81.01. A copy of the Amendment can be inspected, free of charge, at the Department of Environment, Land, Water and Planning website at www.delwp.vic.gov.au/public-inspection and free of charge, during office hours, at the offices of Maribyrnong City Council, corner Hyde and Napier Streets, Footscray. CHRISTINE WYATT Deputy Secretary Planning Department of Environment, Land, Water and Planning
Planning and Environment Act 1987 MELBOURNE PLANNING SCHEME Notice of Approval of Amendment Amendment C297 The Minister for Planning has approved Amendment C297 to the Melbourne Planning Scheme. The Amendment comes into operation on the date this notice is published in the Government Gazette. The Amendment amends Schedules 1, 2 and 3 to the Capital City Zone and Schedules 2, 7, 10, 40, 60 and 62 to the Design and Development Overlay, to extend the expiry provisions for the built form interim controls until 31 December 2016. A copy of the Amendment can be inspected, free of charge, at the Department of Environment, Land, Water and Planning website at www.delwp.vic.gov.au/public-inspection and free of charge, during office hours, at the offices of the Melbourne City Council, Level 3, 240 Little Collins Street, Melbourne. CHRISTINE WYATT Deputy Secretary Planning Department of Environment, Land, Water and Planning Victoria Government Gazette G 35 1 September 2016 2171
Planning and Environment Act 1987 PYRENEES PLANNING SCHEME Notice of Approval of Amendment Amendment C39 The Minister for Planning has approved Amendment C39 to the Pyrenees Planning Scheme. The Amendment comes into operation on the date this notice is published in the Government Gazette. The Amendment introduces permit exemptions for places affected by the Heritage Overlay in the Avoca and Beaufort heritage precincts in accordance with an Incorporated Plan – ‘Pyrenees Planning Scheme Incorporated Plan, Planning Permit Exemptions to Heritage Overlay Precincts HO501 & HO502, February 2015’. The Amendment also amends Clause 21.02-10 – Heritage Planning, References to update the ‘Pyrenees Shire Heritage Precinct Study (2001)’ reference document to include its December 2014 Addendum. A copy of the Amendment can be inspected, free of charge, at the Department of Environment, Land, Water and Planning website at www.delwp.vic.gov.au/public-inspection and free of charge, during office hours, at the offices of the Pyrenees Shire Council, Municipal Offices, 5 Lawrence Street, Beaufort; Avoca Visitor Information Centre, 122 High Street, Avoca; and the Beaufort Community Resource/Visitor Information Centre and Library, 72 Neill Street, Beaufort. CHRISTINE WYATT Deputy Secretary Planning Department of Environment, Land, Water and Planning 2172 G 35 1 September 2016 Victoria Government Gazette
LATE NOTICES Planning and Environment Act 1987 GREATER BENDIGO PLANNING SCHEME Notice of the Preparation of an Amendment Amendment C224 The Greater Bendigo City Council has prepared Amendment C224 to the Greater Bendigo Planning Scheme. The Amendment applies to all of the land within the City of Greater Bendigo by making changes to the Municipal Strategic Statement. The Amendment also specifically affects the following properties: 20 Crook Street, Kennington, and adjoining road reserve. 1 Booth Street, Golden Square, and 284–288, 290–294, 296–298, 300, 300A and 302 High Street, Golden Square, and adjoining road reserves. The Amendment proposes to introduce the ‘Commercial Land and Activity Centre Strategy (2015)’ into the Greater Bendigo Planning Scheme. It proposes changes to the Municipal Strategic Statement (MSS) to guide decision making for economic development and growth in the Greater Bendigo Planning Scheme. The Amendment also proposes 2 zoning changes to reinforce the Activity Centre Hierarchy. Specifically, the Amendment proposes to: rezone land at 20 Crook Street, Kennington, and adjoining road reserve from Commercial 2 Zone to General Residential Zone; rezone land at 1 Booth Street, Golden Square, and land at 284–288, 290–294, 296–298, 300, 300A and 302 High Street, Golden Square, and adjoining road reserves from Commercial 2 Zone to Commercial 1 Zone; amend Clauses 21.02 and 21.07 of the MSS to update the key issues and influences section, and economic development objectives, strategies and implementation actions; and amend Clause 21.10 of the MSS to include the ‘Commercial Land and Activity Centre Strategy (2015)’ as a reference document. You may inspect the Amendment, any documents that support the Amendment and the explanatory report about the Amendment, free of charge, at the following locations: during office hours, at the office of the planning authority, City of Greater Bendigo, Planning and Development Unit, 15 Hopetoun Street, Bendigo; at the City of Greater Bendigo website, www.bendigo.vic.gov. au; and at the Department of Environment, Land, Water and Planning website, www.delwp.vic.gov. au/public-inspection Any person who may be affected by the Amendment may make a submission to the planning authority about the Amendment. Submissions must be made in writing giving the submitter’s name and contact address, clearly stating the grounds on which the Amendment is supported or opposed and indicating what changes (if any) the submitter wishes to make. Name and contact details of submitters are required for Council to consider submissions and to notify such persons of the opportunity to attend Council meetings and any public hearing held to consider submissions. The closing date for submissions is 4 October 2016. A submission must be sent to the City of Greater Bendigo, Planning and Development Unit, PO Box 733, Bendigo, Victoria 3552. The planning authority must make a copy of every submission available at its office for any person to inspect, free of charge, for two months after the Amendment comes into operation or lapses. CRAIG NIEMANN Chief Executive Officer Victoria Government Gazette G 35 1 September 2016 2173
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SUBORDINATE LEGISLATION ACT 1994 NOTICE THAT STATUTORY RULES ARE OBTAINABLE Notice is hereby given under section 17(3) of the Subordinate Legislation Act 1994 that the following Statutory Rules were first obtainable from SAI Global Bookshop, 85 Buckhurst Street, South Melbourne, on the date specified: 101. Statutory Rule: Infringements Amendment Regulations 2016 Authorising Act: Infringements Act 2006 Date first obtainable: 30 August 2016 Code A 102. Statutory Rule: Land Regulations 2016 Authorising Act: Land Act 1958 Date first obtainable: 30 August 2016 Code B 103. Statutory Rule: Building Amendment (Consumer Protection) Regulations 2016 Authorising Act: Building Act 1993 Date first obtainable: 30 August 2016 Code B 104. Statutory Rule: Building Amendment (Construction of Swimming Pools and Spas) Regulations 2016 Authorising Act: Building Act 1993 Date first obtainable: 30 August 2016 Code A Victoria Government Gazette G 35 1 September 2016 2175
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