Thursday, 24 February 2022
Bills
Alpine Resorts Legislation Amendment Bill 2022
Alpine Resorts Legislation Amendment Bill 2022
Introduction and first reading
The DEPUTY PRESIDENT (17:15): I have a message from the Assembly:
The Legislative Assembly presents for the agreement of the Legislative Council ‘A Bill for an Act to amend the Alpine Resorts (Management) Act 1997 to repeal the establishment of the Alpine Resort Management Boards and the Alpine Resorts Co-ordinating Council by that Act, to establish Alpine Resorts Victoria, to make consequential and related amendments to that Act and other Acts and for other purposes’.
Statement of compatibility
Ms SYMES (Northern Victoria—Leader of the Government, Attorney-General, Minister for Emergency Services) (17:15): I lay on the table a statement of compatibility with the Charter of Human Rights and Responsibilities Act 2006:
Opening paragraphs
In accordance with section 28 of the Charter of Human Rights and Responsibilities Act 2006, (the ‘Charter’), I make this Statement of Compatibility with respect to the Alpine Resorts Legislation Amendment Bill 2022.
In my opinion, the Alpine Resorts Legislation Amendment Bill 2022 (the Bill), as introduced to the Legislative Council, is compatible with human rights as set out in the Charter. I base my opinion on the reasons outlined in this statement.
Overview
The Bill amends the Alpine Resorts (Management) Act 1997 to repeal the establishment of the Alpine Resort Management Boards and the Alpine Resorts Co-ordinating Council by that Act and to establish Alpine Resorts Victoria. The Bill also makes related amendments to the Emergency Management Act 2013, Forests Act 1958 and the Circular Economy (Waste Reduction and Recycling Act 2021 to address the establishment of the new entity.
Human Rights Issues
Human rights protected by the Charter that are relevant to the Bill
The Charter sets out the rights, freedoms and responsibilities of people in Victoria. The Bill establishes a new government entity and sets out the governance arrangements, functions, powers and duties of Alpine Resorts Victoria and the management of, and strategic planning for, Victoria’s six alpine resorts.
The human rights protected by the Charter that are relevant to the Bill are:
• The right to take part in public life in section 18 of the Charter; and
• Cultural rights in section 19 of the Charter.
For the reasons outlined below, in my opinion, the Bill is compatible with each of these rights.
Section 18 [Taking part in public life]
Section 18 of the Charter provides that every person in Victoria has the right, and is to have the opportunity, without discrimination, to participate in the conduct of public affairs, directly or through freely chosen representatives. It further provides that every eligible person has the right and is to have the opportunity, without discrimination to have access, on general terms of equality, to the Victorian public service and public office.
Clause 16, which inserts a new proposed Part 3 into the Act, provides for the appointment of directors to the board. In determining appointments, the Minister is to consider a person’s skills, qualifications, knowledge and experience. Clause 16 of the Bill also provides for the circumstances in which a member of the board can resign, be removed or the office becomes vacant. The appointment requirements outlined in the Bill are reasonable, objective and do not engage any attribute protected against discrimination or conduct constituting discrimination under the Equal Opportunity Act 2010 that is also discrimination under the Charter. Further, although clause 16 may be viewed as restricting a person’s right to take part in public life, any limitation imposed by these provisions are justified in that they facilitate good corporate governance and hold members to account for their responsibilities as members of the board.
Accordingly, the Bill is compatible with the right to take part in public life under section 18 of the Charter.
Section 19 [Cultural rights]
Section 19 of the Charter recognises that Aboriginal persons hold distinct cultural rights and must not be denied the right, with other members of their community to enjoy their identity and culture, maintain and use their language, maintain their kinship ties and to maintain their distinctive spiritual, material and economic relationship with the land and waters and other resources with which they have a connection under tradition laws and customs.
Clause 5 of the Bill recognises traditional owners as the original custodians in the land in alpine resorts and their spiritual, social cultural and economic relationship with that land. While the Bill makes it clear that the new provision is not intended to provide for any additional rights or give rise to any civil cause of action, neither does it impact on the rights of aboriginal people under the Charter.
As the Bill does not adversely engage any human rights protected by the Charter, I am satisfied that the Bill is compatible with the Charter and, if any rights are limited, those limitations are reasonable and demonstrably justified having regard to the factors in section 7(2) of the Charter.
Hon Shaun Leane MP,
Minister for Local Government
Minister for Suburban Development
Minister for Veterans
Second reading
That the second-reading speech be incorporated into Hansard.
Motion agreed to.
Ms SYMES: I move:
That the bill be now read a second time.
Incorporated speech as follows:
Traditional Owners
I acknowledge all Traditional Owners and First Nations peoples and I pay my respects to their Elders past and present.
I also acknowledge the close cultural and spiritual connection to Victoria’s alpine country maintained by Victoria’s first peoples. Groups with formal recognition and Registered Aboriginal Party status over the areas of Victoria’s six alpine resorts are:
• Gunaikurnai Land and Waters Aboriginal Corporation
• Taungurung Land and Waters Council
• Wurundjeri Woi-wurrung Cultural Heritage Aboriginal Corporation
Other groups that care for and have connection to the Victorian high country include the:
• Dhudhuroa Waywurru Nations Aboriginal Corporation
• Duduroa Dhargal Aboriginal Corporation
• Dalka Warra Mittung Aboriginal Corporation
• Jaithmathang Traditional Ancestral Bloodline Original Owners First Nation Aboriginal Corporation
The resorts are unique
Victoria’s six alpine resorts—Falls Creek, Lake Mountain, Mount Baw Baw, Mount Buller, Mount Hotham and Mount Stirling—are unique places that make an extraordinary contribution to our state and to our regional communities.
They are places where more than a million visitors each year come to participate in one-of-a-kind experiences while enjoying breathtaking scenery and precious alpine environments. Visitors can experience a full range of snow-based activities in the winter months and are increasingly enjoying the resorts in the warmer months, for activities such as bushwalking, mountain biking and food and music festivals.
Each resort has its own history and special places, its own stakeholders and regular visitors, its own strengths and its own challenges.
Collectively, the six alpine resorts—Falls Creek, Lake Mountain, Mount Baw Baw, Mount Buller, Mount Hotham and Mount Stirling—are significant recreational and tourism assets for this state, contributing nearly $1.1 billion each year to the Victorian economy and sustaining nearly ten thousand jobs.
Challenges and opportunities
The very qualities that make alpine resorts such enjoyable places to visit—their remoteness, their exposure to the elements and their location high in the Victorian alps—also present challenges.
The cost of establishing infrastructure or operating a business in resorts is high when compared to other towns or regions that primarily depend on tourism.
Alpine areas are particularly vulnerable to the effects of climate change. Whether through reduced snowfall or more frequent and more intense weather events such as storms and bushfires, we need to be managing Victoria’s alpine resorts in a way that addresses these challenges head on and safeguards the resorts for future generations of visitors to enjoy.
Snow making and other snow management techniques provide a buffer against these impacts but cannot completely address all the risks associated with a changing climate.
Climate change is a pervasive, long-term challenge that requires a coordinated approach.
Over the past few years, the Victorian alpine resorts have been undertaking various adaptive approaches to ensure long term sustainable operations across 12 months of the year. This has included working with local businesses to provide an increasingly wide variety of green season products, services, events and activities designed to encourage Victorians to visit the alpine regions in the summer months.
Whilst this has long been an aspiration of the alpine resorts, to truly unlock their potential as year-round tourism destinations requires improved coordination, strategic planning and significant investment.
In 2020 and 2021 the alpine industry was particularly badly affected by the impacts of the coronavirus (COVID-19) pandemic. Restrictions to safeguard public health led to significantly reduced visitation during the winter months, the period when resorts and businesses are usually at their busiest and most profitable.
As a result, all alpine resort management boards have drawn down on their cash reserves and are now dependent on support from the Victorian Government. The Victorian Government also worked quickly to provide targeted support programs and relief schemes for alpine businesses.
Alpine Resorts Victoria
The Victorian Government is committed to supporting the economic recovery and long term financial sustainability of the alpine sector.
The Alpine Resorts Management Legislation Amendment Bill 2022 will establish a single entity, Alpine Resorts Victoria, to manage all six resorts and provide strategic leadership to the sector as a whole.
The establishment of Alpine Resorts Victoria will achieve savings through improved coordination, efficiencies of scale and reduction of duplication. It will build capability to undertake integrated, strategic and sector-wide planning for the common challenges faced by the resorts, including those associated with climate change, and help the sector recover from the pandemic and recent bushfires.
Timely and effective adaptation to climate change will help minimise the social and economic impact of climate change in resort communities and realise the economic benefits of new opportunities for alpine businesses, positioning alpine resorts as attractive places to visit, invest and live all year round.
Overview of the Bill
The primary purpose of this Bill is to amend the Alpine Resorts (Management) Act 1997 to establish Alpine Resorts Victoria as the entity responsible for managing Victoria’s six alpine resorts—Falls Creek, Lake Mountain, Mount Baw Baw, Mount Buller, Mount Hotham and Mount Stirling.
The Bill proposes the inclusion of a new clause recognising the intrinsic connection of Victoria’s First Peoples to the land and waters covered by alpine resorts.
Alpine Resorts Victoria is to be governed by a board of up to nine members, appointed on the basis of their collective skills, qualifications, knowledge and experience. Importantly, the Bill proposes that the board must include cultural knowledge and authority arising from experience as a traditional owner of land in alpine resorts.
Alpine Resorts Victoria’s functions will be broadly comparable to those of existing alpine resort management boards. It will assume responsibility for the periodic development of an alpine resort strategic plan from the Alpine Resorts Co-ordinating Council.
New principles have been developed to which Alpine Resorts Victoria must have regard when performing their functions or exercising their powers under the Act. Amongst other matters, these principles emphasise the importance of protecting the unique environmental, social, cultural and economic characteristics of each alpine resort, adapting and responding to the impacts and risks of climate change, diversifying the tourism and recreation experiences on offer and partnering with Traditional Owners in policy development, planning and decision making.
To ensure Alpine Resorts Victoria works effectively with alpine businesses and stakeholders, the Bill requires Alpine Resorts Victoria to establish a stakeholder consultative committee at each resort. Amongst other matters, the Bill requires Alpine Resorts Victoria to seek input from stakeholder consultative committees on matters relating to contributions for service charges and fees.
The responsible Minister will be able to issue Alpine Resorts Victoria with a ministerial direction or issue a statement of obligations. Any such instrument will be required to be published in the Government Gazette and on the ARV website in the interests of transparency.
Necessarily, the legislation provides for the abolition of the four existing boards, the Mount Buller and Mount Stirling Alpine Resort Management Board, the Falls Creek Alpine Resort Board, the Mount Hotham Alpine Resort Management Board and the Southern Alpine Resort Management Board that manages both Lake Mountain and Mount Baw Baw. I thank all current and past board members for their service.
The Alpine Resorts Co-ordinating Council will also be abolished and again I would like to thank all current and past Council members for their service. The functions of the Alpine Resorts Co-ordinating Council will be undertaken by the Department of Environment, Land, Water and Planning and by Alpine Resorts Victoria as required.
The Bill provides for various sundry matters to support a smooth transition to the new entity. All rights, property, assets, liabilities, obligations and staff of the alpine resort management boards will transfer to Alpine Resorts Victoria. This includes any leases, contracts and agreements entered into by those entities.
Summary
In summary, alpine resort management arrangements are currently fragmented and lack coordination, with no over-arching plan or single authority to provide strategic leadership to the sector.
This Bill seeks to establish a single, modern and fit-for-purpose entity to manage Victoria’s six alpine resorts, building the financial sustainability of this important sector as it responds to the impact of climate change on alpine communities.
The proposed amendments have been developed in consultation with a range of stakeholders, including existing alpine resort management boards, alpine businesses, Traditional Owners, local governments and tourism bodies. I would like to thank all those people and organisations for sharing their insights and ideas and I look forward to that continued engagement as we transition to the new Alpine Resorts Victoria.
I commend the Bill to the house.
Mr ONDARCHIE (Northern Metropolitan) (17:16): I move, on behalf of my colleague Mr Davis:
That debate on this matter be adjourned for one week.
Motion agreed to and debate adjourned for one week.