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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Forests Legislation (Amendment) Act 2002
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purposes 1
2. Commencement 2
3. New definition inserted in Forests Act 1958 2
4. New section 52BA inserted in Forests Act 1958 3
52BA. Changes in land available for timber production 3
5. Review of sustainable yield rates 5
6. Amendment to section 88(1) of the Conservation, Forests and
Lands Act 1987 6
7. Hindering or obstructing forest operations 6
8. New sections 95B to 95D inserted in Conservation, Forests and
Lands Act 1987 6
95B. Safe working zones 6
95C. Entry into safe working zone prohibited 8
95D. Protection of signs 9
ENDNOTES 10
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PARLIAMENT OF VICTORIA
Initiated in Council 4 June 2002 by the Hon. C. A. Furletti
A BILL
to amend the Forests Act 1958, the Conservation, Forests and
Lands Act 1987 and for other purposes.
Forests Legislation (Amendment) Act
2002
The Parliament of Victoria enacts as follows:
1. Purposes
The purposes of this Act are--
(a) to amend the Forests Act 1958 to more
effectively secure the obligations of the State
5 to provide long-term stability of forests and
forest industries under regional forest
agreements entered into with the
Commonwealth; and
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Forests Legislation (Amendment) Act 2002
s. 2
Act No.
(b) to amend the Conservation, Forests and
Lands Act 1987 to provide for the
protection of forest operations, persons
engaged in such operations, increased public
5 safety with regard to forest operations and to
clarify what constitutes a properly authorised
forest operation.
2. Commencement
This Act comes into operation on--
10 (a) the day after the day on which it receives the
Royal Assent; or
(b) 1 January 2003--
whichever is the later.
3. New definition inserted in Forests Act 1958
15 See:
In section 3(1) of the Forests Act 1958, insert the Act No.
following definition-- 6254/1958.
Reprint No. 7
' "Commonwealth Minister" means any as at
18 February
Commonwealth Minister who from time to 1999
time has responsibility for forestry matters;'. and
amending
Act Nos
53/1999,
66/2000,
69/2000,
74/2000,
11/2001,
44/2001 and
84/2001.
LawToday:
www.dms.
dpc.vic.
gov.au
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Forests Legislation (Amendment) Act 2002
s. 4
Act No.
4. New section 52BA inserted in Forests Act 1958
After section 52B of the Forests Act 1958
insert--
'52BA. Changes in land available for timber
5 production
(1) If, during the period in which a Regional
Forest Agreement is in force, the State takes
any prescribed action (including alterations
to or applications of the Code of Forest
10 Practices for Timber Production) which has
the effect of reducing the area of State forest
available for timber harvesting in an area
covered by an RFA, the Minister shall
replace the area with an appropriate area of
15 State forest.
(2) In determining the suitability of the
replacement area of land for timber
harvesting referred to in sub-section (1)
regard shall be had to--
20 (a) the sustainable yield rate of timber on
the land; and
(b) the volume, species and quality of
timber for harvesting.
(3) In this section--
25 "Code of Forest Practices for Timber
Production" means the Code of
Practice approved under the
Conservation, Forests and Lands Act
1987 or any code approved under that
30 Act to replace that code;
"prescribed action" means--
(a) the commencement of legislation
or subordinate legislation; or
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Forests Legislation (Amendment) Act 2002
s. 4
Act No.
(b) administrative action taken
pursuant to legislation or
subordinate legislation;
"Regional Forest Agreement" or "RFA"
5 means an agreement that is in force
between the Commonwealth and the
State of Victoria in respect of a region
or regions and being an agreement that
satisfies all the following conditions--
10 (a) the agreement was entered into
having regard to assessments of
the following matters that are
relevant to the region or regions--
(i) environmental values,
15 including old growth,
wilderness, endangered
species, national estate
values and world heritage
values;
20 (ii) indigenous heritage values;
(iii) economic values of forested
areas and forest industries;
(iv) social values (including
community needs);
25 (v) principles of ecologically
sustainable management;
(b) the agreement provides for a
comprehensive, adequate and
representative reserve system;
30 (c) the agreement provides for the
ecologically sustainable
management and use of forested
areas in the region or regions;
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Forests Legislation (Amendment) Act 2002
s. 5
Act No.
(d) the agreement is expressed to be
for the purpose of providing long-
term stability of forests and forest
industries;
5 (e) the agreement is expressed to be a
Regional Forest Agreement.'.
5. Review of sustainable yield rates
(1) In section 52D(2) of the Forests Act 1958, after
"possible" insert "after having first consulted the
10 Commonwealth Minister,".
(2) In section 52D of the Forests Act 1958, for sub-
section (3) substitute--
"(3) The Minister may at any time, after having
first consulted the Commonwealth Minister,
15 review the sustainable yield rates if the
Minister thinks it appropriate to do so.
(3A) Not later than 12 months before commencing
any review the Minister must--
(a) give notice of the proposed review in a
20 daily newspaper circulating generally in
the State; and
(b) give the Commonwealth Minister
notice of the proposed review.".
(3) After section 52D(6) of the Forests Act 1958
25 insert--
"(7) The Minister may only make a
recommendation to the Governor in Council
under sub-section (6)(b) if the Minister has
first given notice of the review in accordance
30 with sub-section (3A).".
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Forests Legislation (Amendment) Act 2002
s. 6
Act No.
6. Amendment to section 88(1) of the Conservation,
Forests and Lands Act 1987
See:
In section 88(1) of the Conservation, Forests Act No.
and Lands Act 1987-- 41/1987.
Reprint No. 4
5 (a) in paragraph (c) for "relevant law--" as at
1 January
substitute "relevant law; or"; 1999
and
(b) after paragraph (c) insert-- amending
Act Nos
"(d) an area of Crown land has been 70/1998,
66/2000,
declared to be a safe working zone 44/2001 and
10 under section 95B; or 72/2001.
LawToday:
(e) a forest operation was authorised under www.dms.
dpc.vic.
the Forests Act 1958 and was so gov.au
authorised at the date set out in the
certificate--".
15 7. Hindering or obstructing forest operations
In section 95A of the Conservation, Forests and
Lands Act 1987, for sub-section (1) substitute--
"(1) A person must not hinder or obstruct--
(a) another person in the carrying out of
20 forest operations authorised under the
Forests Act 1958; or
(b) the carrying out of forest operations
authorised under the Forests Act 1958.
Penalty: 50 penalty units.".
25 8. New sections 95B to 95D inserted in Conservation,
Forests and Lands Act 1987
After section 95A of the Conservation, Forests
and Lands Act 1987 insert--
'95B. Safe working zones
30 (1) The Secretary may declare in writing an area
of Crown land that is being, or is intended to
be, used for forest operations including any
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Forests Legislation (Amendment) Act 2002
s. 8
Act No.
adjoining buffer area to be a safe working
zone for the purposes of this Act.
(2) In determining the area of land to be
declared a safe working zone, the Secretary
5 must take into account the need to make
provision for--
(a) adequate safety for the persons engaged
in forest operations; and
(b) protection for equipment being used for
10 the purposes of forest operations; and
(c) protection for members of the public.
(3) A declaration under sub-section (1) must
specify the time during which the declared
area is a safe working zone.
15 (4) A declaration of a safe working zone must be
published in the Government Gazette and in
a newspaper circulating in the region where
the zone is located as soon as practicable
after the declaration of the zone but the fact
20 that a declaration has not been published
shall not be a defence to an action brought
against a person for a failure to comply with
the provisions of section 95C.
(5) An authorised officer must cause signs to be
25 erected on or in the vicinity of access roads
and tracks to a declared safe working zone
giving notice of and identifying the area as a
safe working zone.
(6) The detail of the content of such notice must
30 be specified by the regulations.
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Forests Legislation (Amendment) Act 2002
s. 8
Act No.
95C. Entry into safe working zone prohibited
(1) A person, other than a prescribed person or a
person authorised under sub-section (6),
must not enter or remain in a safe working
5 zone.
Penalty: 50 penalty units.
(2) A person must not incite, encourage or assist
another person, other than a prescribed
person or a person authorised under sub-
10 section (6), to enter or remain in a safe
working zone.
Penalty: 50 penalty units.
(3) An authorised officer or a member of the
police force who reasonably considers that a
15 person is acting in breach of this section may
direct that person to leave a safe working
zone.
(4) A person must forthwith comply with a
direction under sub-section (3).
20 Penalty: 50 penalty units.
(5) For the purposes of this section, "prescribed
person" means a person falling within a
class of persons specified by the regulations.
(6) An authorised officer may issue an authority
25 to any person to permit access to a safe
working zone for such period of time as is
considered necessary by the authorised
officer.
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Forests Legislation (Amendment) Act 2002
s. 8
Act No.
95D. Protection of signs
A person must not, without the authority of
an authorised officer, remove, alter, deface
or otherwise interfere with a sign referred to
5 in section 95B(5).
Penalty: 50 penalty units.'.
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Forests Legislation (Amendment) Act 2002
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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