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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Sustainable Forests (Timber) Act 2004
Act No.
Victorian Legislation Parliamentary Documents
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purposes 1
2. Commencement 2
3. Definitions 2
4. Act binds the Crown 5
PART 2--SUSTAINABLE FOREST MANAGEMENT 6
5. Principles of ecologically sustainable development 6
6. Minister to determine sustainability criteria and indicators and
reporting requirements 7
7. Determination to be published 8
8. Secretary to report on indicators 8
9. VicForests to provide certain information to the Secretary 8
10. Minister may arrange audits 8
11. Sustainability Charter 9
12. VicForests to respond to Sustainability Charter 9
PART 3--ALLOCATION TO VICFORESTS 11
13. Minister may make allocation order 11
14. Period of allocation order 11
15. Contents of an allocation order 11
16. VicForests' functions under allocation order 12
17. Power to amend or vary allocation order 12
18. Review of allocation of timber resources 13
19. Minister to have regard to certain matters 14
20. What happens after a review? 14
21. Minister to consult on reduction of allocation 15
22. Secretary's powers and functions not affected by order 15
23. Charges 15
24. VicForests required to pay charges 16
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PART 4--MANAGED LICENCES 17
Division 1--Transferred Licences (East) 17
25. VicForests to administer and receive fees from transferred
licences (east) 17
Victorian Legislation Parliamentary Documents
26. VicForests powers 17
27. Expiry of licence and no compensation or proceedings 18
Division 2--Transferred Licences (West) 20
28. VicForests to administer and receive fees from transferred
licences (west) 20
29. VicForests powers 20
30. Expiry of licence and no compensation or proceedings 21
Division 3--Transferred Agreements 23
31. VicForests to administer and receive fees from transferred
agreements 23
32. Powers in respect of transferred agreements 23
Division 4--General 24
33. VicForests cannot grant licence or permit 24
34. Part does not operate to breach contracts etc. 24
35. Ministerial orders 25
PART 5--MANAGEMENT OF TIMBER RESOURCES BY
VICFORESTS 26
36. Timber resources are property of the Crown 26
37. VicForests to prepare timber release plan 26
38. Contents of plan 26
39. Plan to be submitted to Secretary 27
40. Secretary may approve plan 27
41. Secretary to publish notice 27
42. Property vests in VicForests on publication of notice 28
43. Review of and changes to approved timber release plan 28
44. VicForests to operate in accordance with approved timber
release plan 29
45. Offence to undertake unauthorised timber harvesting
operations 29
PART 6--MANAGEMENT OF TIMBER HARVESTING 31
Division 1--Codes of Practice 31
46. Compliance with Codes of Practice 31
47. Minister may arrange audits 31
48. VicForests to respond to audit 32
49. Minister to make findings available 32
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Division 2--Licensing of Timber Harvesting Operators 33
50. Offence to carry out certain activities without a licence 33
51. Offence to engage, contract with or employ unlicensed timber
harvesting operators 33
Victorian Legislation Parliamentary Documents
52. Offence to direct contravention of licence or regulations 34
53. Application for licence 34
54. Issue of licence 35
55. Application for renewal 35
56. Secretary may renew licence 35
57. General conditions 36
58. Notice and submissions on change of licence conditions 36
59. Notification of refusal 36
60. Review by VCAT 37
61. Suspension of licence 37
62. Cancellation of licence 38
63. Application for review of suspension or cancellation 38
64. Secretary to appoint panel 38
65. Panel to review Secretary's decision 39
66. Secretary to notify holder of outcome of review 40
67. Decision to cancel or suspend not affected by review process 40
68. Register 40
PART 7--CONDUCT OF TIMBER HARVESTING OPERATIONS 42
69. Direction to produce licence 42
70. Direction in relation to conduct of timber harvesting operations 42
71. Suspension of timber harvesting operation 42
72. What must a suspension notice contain? 43
73. Notices may include directions 43
74. Suspension notice expires once matter remedied 44
75. Offence not to comply with suspension notice 44
76. Appeals against suspension notices 44
77. Occupational Health and Safety Act 1985 prevails 45
PART 8--FIRE PREVENTION AND SUPPRESSION 46
78. Agreements for prevention and suppression of fire 46
79. Secretary may direct VicForests staff 46
80. Secretary and authorised officers may direct timber harvesters 46
81. Person must comply with direction 46
82. Secretary to reimburse for assistance 46
83. Part does not derogate from certain Acts 47
PART 9--ENFORCEMENT 48
84. Requirement to give name and address 48
85. Authorised officers must identify themselves 49
86. Offence to hinder or obstruct an authorised officer 49
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87. Offence to threaten or abuse an authorised officer 49
88. Power to seize items 50
89. Return of seized items 50
90. Recovery of seized item and compensation 51
91. Forfeiture to Crown 51
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92. Court may order forfeiture to the Crown 52
93. Direction to remove obstructions 52
94. Authorised officer may remove obstructions in State forest 53
PART 10--MISCELLANEOUS 55
95. Limitation of Supreme Court's jurisdiction 55
96. Regulations 55
PART 11--AMENDMENTS TO THE FORESTS ACT 1958 57
97. Definitions 57
98. New section 4 inserted 58
4. Forest produce is property of the Crown 58
99. Business of the Secretary 58
100. Repeal of redundant provisions--forest produce definition and
timber promotion 58
101. Special powers of the Secretary 59
102. Reserved forests 59
103. Repeal of power to exchange forests lands for unoccupied
Crown lands 59
104. Committees of management--reserved forests 60
105. Lease of land in reserved forest 60
106. Licences and permits with respect to forests 61
107. Repeal of entitlement to licence reissue 61
108. New section 52AA inserted 61
52AA. No compensation payable or proceedings able to be
taken 61
109. Repeal of sustainable yield provisions 62
110. Dealing with interests in leased land 63
111. Protected forests 63
112. New sections 62A to 62C inserted 63
62A. Secretary may apply and use fire for land and resource
management 63
62B. Agreement required for Secretary to apply or use fire
in national parks or on protected public land 64
62C. Secretary may enter into agreements and arrangements
relating to the prevention and suppression of fires 64
113. Acute fire danger 65
114. Placing inflammable material 66
115. Duty to prevent spread of fire 66
116. Repeal of redundant provisions--dugouts and sawmills 66
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117. Prohibition on cutting timber 67
118. Power to direct route 67
119. Payment of dues and charges 67
120. Presumption as to ownership 68
121. Search warrants 69
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122. New sections 95A to 95J inserted 69
95A. Requirement to give name and address 69
95B. Authorised officers must identify themselves 70
95C. Power to remove abandoned goods 71
95D. Owner to be sought and goods returned 71
95E. What if goods are not collected or claimed? 72
95F. Power to seize items 72
95G. Return of seized items 73
95H. Recovery of seized item and compensation 73
95I. Forfeiture to Crown 74
95J. Court may order forfeiture to the Crown 74
123. Offence provisions 75
124. New sections 96A and 96B inserted 75
96A. Offence to hinder or obstruct an authorised officer 75
96B. Offence to threaten or abuse an authorised officer 76
125. New section 98 inserted 76
98. Limitation of Supreme Court's jurisdiction--
Sustainable Forests (Timber) Act 2004 76
126. Regulation-making powers 76
PART 12--AMENDMENTS TO THE CONSERVATION,
FORESTS AND LANDS ACT 1987 77
127. Definition amended 77
128. Part 5 substituted 77
PART 5--CODES OF PRACTICE 77
31. Power to make Codes of Practice 77
32. Variation and revocation of Code of Practice 78
33. Advertisement of draft Code of Practice, variation or
revocation 78
34. Consideration of submissions 78
35. Tabling and disallowance 79
36. Incorporated material to be tabled 79
37. How is a Code of Practice made? 79
38. Availability of Code of Practice 80
39. Compliance with Codes of Practice 80
40. Incorporation of Codes of Practice by regulation 81
129. VicForests staff to be authorised officers 81
130. Section 95A amended 82
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131. New sections 121 and 122 inserted 83
121. Saving of appointments of authorised officers--
Sustainable Forests (Timber) Act 2004 83
122. Codes of Practice--Sustainable Forests (Timber)
Act 2004 83
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132. Relevant law 83
PART 13--CONSEQUENTIAL AMENDMENTS TO OTHER
ACTS AND TRANSITIONAL PROVISIONS 84
Division 1--Consequential Amendments to Other Acts 84
133. Confiscation Act 1997 84
134. Crown Land (Reserves) Act 1978 84
135. Land Act 1958 84
136. National Parks Act 1975 84
137. Planning and Environment Act 1987 84
138. Victorian Plantations Corporation Act 1993 85
139. Redundant Acts repealed 85
Division 2--Transitional Provisions 85
140. General transitional provisions 85
141. Forest operator's licences 86
__________________
SCHEDULES 88
SCHEDULE 1--Transferred Licences (East) 88
SCHEDULE 2--Transferred Licences (West) 91
ENDNOTES 92
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PARLIAMENT OF VICTORIA
Initiated in Assembly 11 May 2004
Victorian Legislation Parliamentary Documents
A BILL
to provide a framework for sustainable forest management and
sustainable timber harvesting in State forests, to amend the Forests
Act 1958 and the Conservation, Forests and Lands Act 1987, to
consequentially amend other Acts and for other purposes.
Sustainable Forests (Timber) Act 2004
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purposes
The main purposes of this Act are--
(a) to provide a framework for sustainable forest
management and sustainable timber
5
harvesting in State forests;
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(b) to amend the Forests Act 1958 and the
Conservation, Forests and Lands Act
1987.
2. Commencement
Victorian Legislation Parliamentary Documents
(1) This Part, sections 97, 98, 100(1), 103, 104, 105,
5
107, 108, 110, 112, 116, 122, 123(1), 124 and
125, Part 12 (except section 130) and Part 13
(except section 138) come into operation on the
day after the day on which this Act receives the
Royal Assent.
10
(2) Subject to sub-section (5), Division 1 of Part 4,
section 95(1) and Schedule 1 come into operation
on a day to be proclaimed.
(3) Subject to sub-section (5), Division 2 of Part 4,
section 95(2) and Schedule 2 come into operation
15
on a day to be proclaimed.
(4) Subject to sub-section (5), the remaining
provisions of this Act come into operation on a
day or days to be proclaimed.
(5) If a provision referred to in sub-section (2), (3) or
20
(4) does not come into operation before 1 July
2006, it comes into operation on that day.
3. Definitions
In this Act--
"allocation order" means an order made in
25
accordance with Part 3;
"approved timber release plan" means a timber
release plan approved by the Secretary in
accordance with Part 5;
"authorised officer" has the same meaning as it
30
has in section 3 of the Conservation,
Forests and Lands Act 1987;
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"Code of Practice" has the same meaning as it
has in section 3 of the Conservation,
Forests and Lands Act 1987;
"coupe" means a specific area of State forest
Victorian Legislation Parliamentary Documents
identified for the purposes of timber
5
harvesting and regeneration in a timber
release plan;
"forest stand" means a group of trees within a
State forest that share common
characteristics relating to eucalypt species
10
composition and age;
"managed licence" means a transferred
agreement, transferred licence (east) or
transferred licence (west) which VicForests
administers, manages and enforces under
15
Part 4;
"Minister for Agriculture" means the Minister
administering the Agricultural and
Veterinary Chemicals (Control of Use)
Act 1992;
20
"principles of ecologically sustainable
development" means the principles set out
in section 5;
"Secretary" means the body corporate
established by Part 2 of the Conservation,
25
Forests and Lands Act 1987;
"State forest" has the same meaning as it has in
the Forests Act 1958;
"suspension notice" means a notice issued under
section 71;
30
"timber harvesting operations" means any of
the following kinds of activities carried out
by VicForests or by any other person or body
for the purposes of sale or processing and
sale--
35
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(a) felling or cutting of trees or parts of
trees;
(b) taking or removing timber;
Victorian Legislation Parliamentary Documents
(c) delivering timber to a buyer or
transporting timber to a place for
5
collection by a buyer or sale to a buyer;
(d) any works, including road works,
ancillary to any of the activities referred
to in paragraphs (a) to (c)--
but does not include--
10
(e) those activities when undertaken by or
on behalf of the Crown or the
Secretary; or
(f) the collection of firewood for domestic
use;
15
"timber harvesting operator's licence" means a
licence issued under Division 2 of Part 6;
"timber release plan" means a plan prepared by
VicForests in accordance with Part 5;
"timber resources" means timber from the trees
20
or parts of trees which are specified as
available for timber harvesting in an
allocation order but does not include
firewood collected for domestic use;
"transferred agreement" means--
25
(a) the agreement entered into pursuant to
section 21 of the Forests Act 1958
between the Secretary and Harris
Daishowa (Australia) Pty Ltd,
ACN 000 604 795 and dated
30
29 September 1997, as amended from
time to time in accordance with its
terms;
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(b) an agreement entered into pursuant to
section 21 of the Forests Act 1958 to
which an order under section 35
applies;
Victorian Legislation Parliamentary Documents
"transferred licence (east)" means a licence or
5
permit granted under section 52 of the
Forests Act 1958 in respect of the east of the
State of Victoria--
(a) specified in Schedule 1 and in existence
immediately before the commencement
10
of that Schedule; or
(b) to which an order under section 35
applies;
"transferred licence (west)" means a licence or
permit granted under section 52 of the
15
Forests Act 1958 in respect of the west of
the State of Victoria--
(a) specified in Schedule 2 and in existence
immediately before the commencement
of that Schedule; or
20
(b) to which an order under section 35
applies;
"vested timber resources" means timber
resources vested in VicForests under
section 42;
25
"VicForests" has the same meaning as it has in
the Conservation, Forests and Lands Act
1987.
4. Act binds the Crown
This Act binds the Crown, not only in right of
30
Victoria, but also, so far as the legislative power
of the Parliament permits, the Crown in all its
other capacities.
__________________
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PART 2--SUSTAINABLE FOREST MANAGEMENT
5. Principles of ecologically sustainable development
Victorian Legislation Parliamentary Documents
(1) In undertaking sustainable forest management in
accordance with this Act, regard is to be had to the
principles of ecologically sustainable development
5
set out in this section.
(2) Ecologically sustainable development is
development that improves the total quality of
life, both now and in the future, in a way that
maintains the ecological processes on which life
10
depends.
(3) The objectives of ecologically sustainable
development are--
(a) to enhance individual and community well-
being and welfare by following a path of
15
economic development that safeguards the
welfare of future generations;
(b) to provide for equity within and between
generations;
(c) to protect biological diversity and maintain
20
essential ecological processes and life-
support systems.
(4) The following are to be considered as guiding
principles of ecologically sustainable
development--
25
(a) that decision making processes should
effectively integrate both long-term and
short-term economic, environmental, social
and equity considerations;
(b) if there are threats of serious or irreversible
30
environmental damage, lack of full scientific
certainty should not be used as a reason for
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postponing measures to prevent
environmental degradation;
(c) the need to consider the global dimension of
environmental impacts of actions and
Victorian Legislation Parliamentary Documents
policies;
5
(d) the need to develop a strong, growing and
diversified economy which can enhance the
capacity for environment protection;
(e) the need to maintain and enhance
international competitiveness in an
10
environmentally sound manner;
(f) the need to adopt cost effective and flexible
policy instruments such as improved
valuation, pricing and incentive mechanisms;
(g) the need to facilitate community involvement
15
in decisions and actions on issues that affect
the community.
6. Minister to determine sustainability criteria and
indicators and reporting requirements
(1) The Minister must determine criteria and
20
indicators for sustainable forest management.
(2) In determining criteria and indicators under sub-
section (1), the Minister may take into account
any nationally or internationally agreed criteria
and indicators for sustainable forest management.
25
(3) As part of a determination under sub-section (1),
the Minister must also determine--
(a) the reporting requirements relating to each
indicator determined under sub-section (1);
and
30
(b) the frequency at which such reports are to be
made, being a period not less than every
5 years.
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7. Determination to be published
The Minister must--
(a) publish a copy of a determination under
Victorian Legislation Parliamentary Documents
section 6 in the Government Gazette; and
(b) cause a notice that a determination under
5
section 6 has been made to be published in a
newspaper circulating generally within the
State.
8. Secretary to report on indicators
The Secretary must report to the Minister on the
10
status, performance or achievement in relation to
the indicators determined by the Minister under
section 6 within the time determined under that
section.
9. VicForests to provide certain information to the
15
Secretary
(1) For the purposes of section 8, the Secretary may
require VicForests to provide such information as
the Secretary specifies about the carrying out of
VicForests' functions under an allocation order as
20
those functions relate to the indicators determined
under section 6.
(2) A requirement under sub-section (1) must be in
writing.
(3) VicForests must comply with a requirement of the
25
Secretary under this section.
10. Minister may arrange audits
(1) If the Minister believes it is appropriate to do so,
the Minister may ask an appropriately qualified
person to audit information provided in the
30
Secretary's report under section 8 relating to
status, performance or achievement in relation to
the indicators determined by the Minister under
section 6.
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(2) In carrying out an audit under sub-section (1), a
person may audit--
(a) any information provided to the Secretary by
VicForests under section 9, including any
Victorian Legislation Parliamentary Documents
information used by VicForests to prepare
5
the information provided to the Secretary
under that section; and
(b) any other information used by the Secretary
to prepare the Secretary's report under
section 8.
10
11. Sustainability Charter
(1) The Minister may develop a Sustainability
Charter.
(2) A Sustainability Charter must set out objectives,
consistent with the principles of ecologically
15
sustainable development, for--
(a) the sustainability of forests; and
(b) the sustainability of the timber harvesting
industry.
(3) The Minister must consult with the Treasurer and
20
the Minister for Agriculture in developing a
Sustainability Charter.
12. VicForests to respond to Sustainability Charter
(1) If the Minister prepares a Sustainability Charter
under section 11, VicForests must develop
25
initiatives and targets for those initiatives which
respond to and support the objectives set out in the
Charter.
(2) VicForests must include the initiatives and targets
referred to in sub-section (1) in its statement of
30
corporate intent required under the State Owned
Enterprises Act 1992.
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(3) VicForests must include in its report of operations
required under the Financial Management Act
1994 a report on the status, performance or
achievement of the initiatives and targets referred
Victorian Legislation Parliamentary Documents
to in sub-section (1).
5
__________________
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s. 13
PART 3--ALLOCATION TO VICFORESTS
13. Minister may make allocation order
Victorian Legislation Parliamentary Documents
The Minister, by order published in the
Government Gazette, may--
(a) allocate timber in State forests to VicForests
5
for the purposes of harvesting and selling, or
harvesting or selling, timber resources; and
(b) permit VicForests to undertake associated
management activities in relation to that
allocated timber including--
10
(i) preparation of sites for timber
harvesting;
(ii) construction of access roads to coupes;
(iii) site rehabilitation;
(iv) forest regeneration;
15
(v) any other activities specified in the
order.
14. Period of allocation order
Subject to this Part, an allocation order--
(a) is for an initial period of 15 years; and
20
(b) may be extended in accordance with this
Act.
15. Contents of an allocation order
(1) An allocation order must include--
(a) in relation to the timber resources
25
allocated--
(i) a description of the forest stands to
which VicForests has access;
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(ii) references to, or details of, the extent
and location of forest stands to which
VicForests has access;
(iii) a table which is divided into three
Victorian Legislation Parliamentary Documents
5-year time periods listing--
5
(A) the total available area for each
forest stand; and
(B) the area available for timber
harvesting in the period of
operation of the allocation order;
10
(b) a list of any activities additional to those
referred to in section 13(b) which VicForests
is permitted to undertake in the areas to
which the allocation order applies;
(c) the conditions to which VicForests is subject
15
in carrying out its functions under the
allocation order, including any applicable
performance measures and standards.
(2) An allocation order may include any other
conditions, limitations, matters or specifications
20
that the Minister thinks fit.
16. VicForests' functions under allocation order
On the making of an allocation order, VicForests
must carry out its functions in accordance with
that order, in so far as those functions relate to
25
timber resources or the area to which the order
applies.
17. Power to amend or vary allocation order
(1) The Minister, by order published in the
Government Gazette, may amend or vary an
30
allocation order for the following purposes--
(a) to fix an obvious error or mistake;
(b) to change permitted activities or conditions
referred to in section 15(1)(b) or (c);
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(c) in the case of an amendment or variation
relating to the allocation of timber resources,
after a review under section 18.
(2) An order made under sub-section (1) amending or
Victorian Legislation Parliamentary Documents
varying an allocation order takes effect--
5
(a) on the date the order is published in the
Government Gazette; or
(b) if a later date is specified in the order, on that
later date.
18. Review of allocation of timber resources
10
(1) The Minister must review the allocation of timber
resources every 5 years.
(2) The Minister may review the allocation of timber
resources at any time if--
(a) the Minister considers that there has been a
15
significant variation, as a result of fire,
disease or other natural causes, in the timber
resources in State forests which are available
for timber harvesting in accordance with
sustainable forest management; or
20
(b) there has been any significant increase or
reduction in the land base which is zoned as
available for timber harvesting; or
(c) the Minister considers that there has been
any other event or matter which has a
25
significant impact on the timber resources in
State forests which are available for timber
harvesting in accordance with sustainable
forest management.
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19. Minister to have regard to certain matters
In reviewing the allocation of timber resources
under section 18, and in determining whether to
amend or vary the allocation order, the Minister
Victorian Legislation Parliamentary Documents
must have regard to the following matters--
5
(a) the principles of ecologically sustainable
development;
(b) any report by the Secretary under section 8;
(c) the structure and condition of the forest and
its impact on future timber resource
10
availability;
(d) VicForests' compliance with the allocation
order, including the conditions specified in
the order, during the previous 5 years;
(e) the provisions of any Code of Practice;
15
(f) VicForests' compliance with any Code of
Practice during the previous 5 years;
(g) any existing timber commitments VicForests
has under any managed licences and any
agreements VicForests has entered into.
20
20. What happens after a review?
(1) After conducting a review under section 18, the
Minister, in accordance with section 17, may
make any amendments or variations to the
allocation order that the Minister considers
25
appropriate.
(2) Without limiting sub-section (1), the Minister
may--
(a) extend the allocation order for a further
5 year period;
30
(b) reduce or increase the timber resources
allocated to VicForests;
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(c) vary or amend any conditions in the
allocation order.
(3) If the Minister makes any amendment or variation
to an allocation order as a result of a review
Victorian Legislation Parliamentary Documents
referred to in section 18(1) or (2)(c) which
5
reduces the timber resources allocated to
VicForests, the amendment or variation must
provide for a period of 10 years (or such lesser
period as may be agreed between the Minister and
VicForests) over which the reduction can be
10
implemented.
21. Minister to consult on reduction of allocation
The Minister must consult with the Treasurer and
the Minister for Agriculture before reducing any
timber resources allocated to VicForests.
15
22. Secretary's powers and functions not affected by
order
Nothing in an allocation order affects the powers
and functions of the Secretary under this Act or
the Forests Act 1958 in respect of timber
20
resources or in respect of an area to which an
allocation order applies, other than the Secretary's
powers and functions in relation to harvesting and
selling or harvesting or selling vested timber
resources.
25
23. Charges
(1) VicForests and the Secretary must make
reasonable endeavours to negotiate and enter into
agreements relating to the charges payable by
VicForests to the Secretary for the following
30
matters--
(a) any reasonable costs incurred by the
Secretary in developing trees for harvesting
and sale or harvesting or sale and making
such trees available to VicForests; and
35
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(b) the reasonable costs of providing roads and
other access for the purposes of timber
harvesting in areas to which an allocation
order applies; and
Victorian Legislation Parliamentary Documents
(c) the reasonable costs of any agreed
5
silvicultural program.
(2) If no agreement is entered into under sub-
section (1) within a reasonable time, the Minister
administering section 8 of the Financial
Management Act 1994 may determine the
10
charges to be paid to the Secretary by VicForests
for the matters referred to in that sub-section.
24. VicForests required to pay charges
(1) VicForests must pay to the Secretary all charges
required to be paid to the Secretary in accordance
15
with section 23.
(2) All charges received by the Secretary from
VicForests under sub-section (1) are to be applied
for the purposes of the matters referred to in
section 23(1).
20
__________________
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PART 4--MANAGED LICENCES
Division 1--Transferred Licences (East)
Victorian Legislation Parliamentary Documents
25. VicForests to administer and receive fees from
transferred licences (east)
On and from the commencement of this section--
5
(a) subject to this Part, the management,
administration and enforcement of a
transferred licence (east) is transferred from
the Secretary to VicForests; and
(b) despite anything to the contrary in section 52
10
of the Forests Act 1958, any rent, fee,
royalty or charge determined by the
Secretary under section 52 of the Forests
Act 1958 before that commencement in
respect of a transferred licence (east) that is
15
payable after that commencement--
(i) is payable to VicForests until the expiry
of the transferred licence (east); and
(ii) may be collected and recovered by
VicForests until the expiry of that
20
transferred licence (east); and
(c) a reference in a transferred licence (east) to
the Secretary must be taken to be a reference
to VicForests, unless the context otherwise
requires.
25
26. VicForests powers
For the purposes of section 25, VicForests has, in
respect of any transferred licence (east), and to the
extent specified, the following powers of the
Secretary under the Forests Act 1958--
30
(a) the powers in section 5(1)(b) and (c) of that
Act;
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(b) the powers in section 52(1) of that Act to
determine--
(i) additional covenants, terms and
conditions which it is appropriate to
Victorian Legislation Parliamentary Documents
impose in a particular case; and
5
(ii) any rent, fees, royalties or charges
payable;
(c) the powers in section 52(3) of that Act to
authorise the transfer of a transferred licence
(east);
10
(d) the powers in section 52(5) of that Act to
suspend or cancel a transferred licence (east),
and for that purpose, a reference in that sub-
section to "the Minister" is to be taken to be
a reference to the Minister for Agriculture;
15
(e) the powers in section 53(2) and (3) of that
Act.
27. Expiry of licence and no compensation or
proceedings
On and from the commencement of section 25, a
20
transferred licence (east) expires at the end of its
term (as existing immediately before the
commencement of that section) and, despite
anything to the contrary in that licence or
section 52(6) of the Forests Act 1958 as in force
25
immediately before its repeal--
(a) VicForests is not empowered to renew or
reissue any transferred licence (east) or grant
any further licences or permits in relation to
that licence; and
30
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(b) any entitlement, right or purported right in
existence before that commencement in
respect of the granting of any further licence
or permit under section 52(6) of the Forests
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Act 1958 as in force immediately before its
5
repeal ceases to exist; and
(c) the holder of a transferred licence (east) is
not entitled to have that licence renewed or
reissued, whether any entitlement, right or
purported right to do so in respect of that
10
licence arose under section 52(6), a term or
condition of that licence or in any other
manner; and
(d) no proceedings may be taken--
(i) in respect of any loss, damage or injury
15
from or arising out of--
(A) the loss of any entitlement, right
or purported right referred to in
paragraph (b) or (c); or
(B) the enactment of this Division; or
20
(ii) to seek a renewal, reissue of a
transferred licence (east) or the grant of
any further licences or permits in
relation to that licence, whether arising
out of an entitlement or a right or
25
purported right to do so under
section 52(6), a term or condition of
that licence or in any other manner; and
(e) no compensation is payable in respect of any
loss, damage or injury from or arising out
30
of--
(i) the loss of any entitlement, right or
purported right referred to in
paragraph (b) or (c); or
(ii) the enactment of this Division.
35
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Division 2--Transferred Licences (West)
28. VicForests to administer and receive fees from
transferred licences (west)
Victorian Legislation Parliamentary Documents
On and from the commencement of this section--
(a) subject to this Part, the management,
5
administration and enforcement of a
transferred licence (west) is transferred from
the Secretary to VicForests; and
(b) despite anything to the contrary in section 52
of the Forests Act 1958, any rent, fee,
10
royalty or charge determined by the
Secretary under section 52 of the Forests
Act 1958 before that commencement in
respect of a transferred licence (west) that is
payable after that commencement--
15
(i) is payable to VicForests until the expiry
of the transferred licence (west); and
(ii) may be collected and recovered by
VicForests until the expiry of that
transferred licence (west); and
20
(c) a reference in a transferred licence (west) to
the Secretary must be taken to be a reference
to VicForests, unless the context otherwise
requires.
29. VicForests powers
25
For the purposes of section 28, VicForests has, in
respect of any transferred licence (west), and to
the extent specified, the following powers of the
Secretary under the Forests Act 1958--
(a) the powers in section 5(1)(b) and (c) of that
30
Act;
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(b) the powers in section 52(1) of that Act to
determine--
(i) additional covenants, terms and
conditions which it is appropriate to
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impose in a particular case; and
5
(ii) any rent, fees, royalties or charges
payable;
(c) the powers in section 52(3) of that Act to
authorise the transfer of a transferred licence
(west);
10
(d) the powers in section 52(5) of that Act to
suspend or cancel a transferred licence
(west), and for that purpose, a reference in
that sub-section to "the Minister" is to be
taken to be a reference to the Minister for
15
Agriculture;
(e) the powers in section 53(2) and (3) of that
Act.
30. Expiry of licence and no compensation or
proceedings
20
On and from the commencement of section 28, a
transferred licence (west) expires at the end of its
term (as existing immediately before that
commencement) and, despite anything to the
contrary in that licence or section 52(6) of the
25
Forests Act 1958 as in force immediately before
its repeal--
(a) VicForests is not empowered to renew or
reissue any transferred licence (west) or
grant any further licences or permits in
30
relation to that licence; and
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(b) any entitlement, right or purported right in
existence before that commencement in
respect of the granting of any further licence
or permit under section 52(6) of the Forests
Victorian Legislation Parliamentary Documents
Act 1958 as in force immediately before its
5
repeal ceases to exist; and
(c) the holder of a transferred licence (west) is
not entitled to have that licence renewed or
reissued, whether any entitlement, right or
purported right to do so in respect of that
10
licence arose under section 52(6), a term or
condition of that licence or in any other
manner; and
(d) no proceedings may be taken--
(i) in respect of any loss, damage or injury
15
from or arising out of--
(A) the loss of any entitlement, right
or purported right referred to in
paragraph (b) or (c); or
(B) the enactment of this Division; or
20
(ii) to seek a renewal, reissue of a
transferred licence (west) or the grant
of any further licences or permits in
relation to that licence, whether arising
out of an entitlement or a right or
25
purported right to do so under
section 52(6), a term or condition of
that licence or in any other manner; and
(e) no compensation is payable in respect of any
loss, damage or injury from or arising out
30
of--
(i) the loss of any entitlement, right or
purported right referred to in
paragraph (b) or (c); or
(ii) the enactment of this Division.
35
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Division 3--Transferred Agreements
31. VicForests to administer and receive fees from
transferred agreements
Victorian Legislation Parliamentary Documents
On and from the commencement of this section--
(a) subject to this Part, the management,
5
administration and enforcement of a
transferred agreement is transferred from the
Secretary to VicForests; and
(b) despite anything to the contrary in the
Forests Act 1958 or a transferred agreement,
10
any rent, fee, royalty or charge payable to the
Secretary under that agreement before that
commencement is payable after that
commencement--
(i) to VicForests until the expiry of the
15
transferred agreement; and
(ii) may be collected and recovered by
VicForests until the expiry of that
transferred agreement; and
(c) a reference in a transferred agreement to the
20
Secretary must be taken to be a reference to
VicForests, unless the context otherwise
requires.
32. Powers in respect of transferred agreements
(1) For the purposes of section 31, VicForests has, in
25
respect of a transferred agreement, and to the
extent specified, the following powers of the
Secretary under the Forests Act 1958--
(a) the powers in section 5(1)(b) and (c) of that
Act;
30
(b) the powers in section 21(1)(a), (b) and (c) of
that Act in so far as those powers relate to
supplying commitments under a transferred
agreement;
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(c) the powers in section 53(2) and (3) of that
Act.
(2) A transferred agreement expires at the end of its
term, as existing immediately before the
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commencement of section 31.
5
Division 4--General
33. VicForests cannot grant licence or permit
VicForests is not empowered to grant any licence
or permit under section 52(1) of the Forests Act
1958.
10
34. Part does not operate to breach contracts etc.
Nothing effected or to be effected by this Part or
done or suffered under this Part--
(a) is to be regarded as placing any person in
breach of contract or confidence or as
15
otherwise making any person guilty of a civil
wrong; or
(b) is to be regarded as placing any person in
breach of, or as constituting a default under,
any Act or other law or obligation or any
20
provision in any agreement, arrangement or
understanding including, but not limited to,
any provision or obligation prohibiting,
restricting or regulating the assignment,
transfer, sale or disposal of any property or
25
the disclosure of any information; or
(c) is to be regarded as fulfilling any condition
that allows a person to exercise a power,
right or remedy in respect of or to terminate
any agreement or obligation; or
30
(d) is to be regarded as giving rise to any remedy
for a party to a contract or an instrument or
as causing or permitting the termination of
any contract or instrument because of a
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change in the beneficial or legal ownership
of any asset, right or liability; or
(e) is to be regarded as causing any contract or
instrument to be void or otherwise
Victorian Legislation Parliamentary Documents
unenforceable; or
5
(f) is to be regarded as frustrating any contract;
or
(g) releases any surety or other obligor wholly or
in part from any obligation.
35. Ministerial orders
10
(1) For the purposes of paragraph (b) of the definition
of "transferred agreement", the Minister, by order
published in the Government Gazette, may declare
an agreement entered into pursuant to section 21
of the Forests Act 1958 and in existence
15
immediately before the commencement of
section 31 to be a transferred agreement.
(2) For the purposes of paragraph (b) of the definition
of "transferred licence (east)", the Minister, by
order published in the Government Gazette, may
20
declare a licence or permit granted under
section 52 of the Forests Act 1958 and in
existence immediately before the commencement
of section 25 in respect of an area in the east of
the State of Victoria to be a transferred licence
25
(east).
(3) For the purposes of paragraph (b) of the definition
of "transferred licence (west)", the Minister, by
order published in the Government Gazette, may
declare a licence or permit granted under
30
section 52 of the Forests Act 1958 and in
existence immediately before the commencement
of section 28 in respect of an area in the west of
the State of Victoria to be a transferred licence
(west).
35
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s. 36
PART 5--MANAGEMENT OF TIMBER RESOURCES BY
VICFORESTS
36. Timber resources are property of the Crown
Victorian Legislation Parliamentary Documents
(1) All timber resources in State forest are the
property of the Crown.
5
(2) Property in timber resources only passes from the
Crown--
(a) to VicForests in accordance with section 42;
or
(b) otherwise in accordance with this Act.
10
37. VicForests to prepare timber release plan
(1) VicForests must prepare a timber release plan in
respect of an area to which an allocation order
applies for the purposes of--
(a) harvesting and selling, or harvesting or
15
selling, timber resources; and
(b) undertaking associated management
activities in relation to those timber
resources.
(2) A timber release plan is to be for a period not
20
exceeding 5 years.
38. Contents of plan
(1) A timber release plan must include--
(a) a schedule of coupes selected for timber
harvesting and associated access road
25
requirements;
(b) details of the location and approximate
timing of timber harvesting in the proposed
coupes;
(c) details of the location of any associated
30
access roads.
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(2) A timber release plan may include any other
matters necessary or convenient to be included in
a timber release plan.
39. Plan to be submitted to Secretary
Victorian Legislation Parliamentary Documents
VicForests must submit a timber release plan to
5
the Secretary.
40. Secretary may approve plan
(1) The Secretary may approve a timber release plan
if the Secretary is satisfied that the plan is not
inconsistent with--
10
(a) the allocation order to which it relates; and
(b) any Code of Practice relating to timber
harvesting.
(2) In approving a timber release plan under sub-
section (1), the Secretary may approve the plan--
15
(a) wholly or as to part of the plan; or
(b) subject to any conditions which the Secretary
considers appropriate.
(3) The Secretary must not unreasonably withhold
approval of a timber release plan under this
20
section.
41. Secretary to publish notice
(1) The Secretary must cause notice of the approval
of a timber release plan to be published in the
Government Gazette.
25
(2) A notice published under sub-section (1) must
include details of where the approved timber
release plan may be viewed.
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42. Property vests in VicForests on publication of notice
(1) On the publication of a notice in the Government
Gazette under section 41, property in the timber
resources to which the approved timber release
Victorian Legislation Parliamentary Documents
plan applies is vested in VicForests.
5
(2) Subject to this Act and any allocation order,
VicForests is entitled to retain the revenue
received from harvesting and selling or harvesting
or selling vested timber resources.
43. Review of and changes to approved timber release
10
plan
(1) An approved timber release plan may be reviewed
at any time at the instigation of either the
Secretary or VicForests.
(2) An approved timber release plan may be changed
15
at any time if--
(a) both the Secretary and VicForests agree to
the change; and
(b) the change is not inconsistent with--
(i) the allocation order to which the plan
20
relates; and
(ii) any Code of Practice relating to timber
harvesting.
(3) An approved timber release plan cannot be
changed in relation to any vested timber resources
25
in respect of which property has passed to a third
party and nothing in this section is to be taken to
affect the rights of a third party in relation to such
vested timber resources.
(4) If an approved timber release plan is changed
30
under this section, the Secretary must cause a
notice of the change to the plan to be published in
the Government Gazette.
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(5) On publication of a notice under sub-section (4)--
(a) the changed approved timber release plan
takes effect in accordance with its terms; and
Victorian Legislation Parliamentary Documents
(b) if the change relates to vested timber
resources--
5
(i) the vested timber resources specified in
the previous approved timber release
plan are divested from VicForests and
vest in the Crown; and
(ii) the timber resources specified in the
10
changed plan vest in VicForests as if
those resources had been vested under
section 42.
44. VicForests to operate in accordance with approved
timber release plan
15
In carrying out its functions and powers under this
Act in relation to vested timber resources or in
relation to an area to which an allocation order
applies, VicForests must do so in accordance with
any approved timber release plan.
20
45. Offence to undertake unauthorised timber
harvesting operations
(1) A person must not undertake timber harvesting
operations in any part of a State forest unless
those operations are authorised operations.
25
Penalty: 60 penalty units, in the case of a natural
person;
240 penalty units, in the case of a body
corporate.
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(2) For the purposes of this section, "authorised
operations" means--
(a) in the case of vested timber resources--
Victorian Legislation Parliamentary Documents
(i) timber harvesting operations
undertaken by, or on behalf of,
5
VicForests in accordance with an
approved timber release plan; or
(ii) timber harvesting operations
undertaken by, or on behalf of, a person
who has entered into an agreement with
10
VicForests for the harvesting and sale
of timber resources, or the harvesting or
sale of timber resources; or
(iii) timber harvesting operations
undertaken by, or on behalf of, a person
15
in accordance with a managed licence;
(b) in any other case, timber harvesting
operations undertaken by, or on behalf of, a
person in accordance with--
(i) this Act; or
20
(ii) a licence or permit granted by the
Secretary under section 52 of the
Forests Act 1958.
__________________
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Part 6--Management of Timber Harvesting
s. 46
PART 6--MANAGEMENT OF TIMBER HARVESTING
Division 1--Codes of Practice
Victorian Legislation Parliamentary Documents
46. Compliance with Codes of Practice
The following persons must comply with any
relevant Code of Practice relating to timber
5
harvesting--
(a) VicForests;
(b) a person who has entered into an agreement
with VicForests for the harvesting and sale
of timber resources or the harvesting or sale
10
of timber resources;
(c) the holder of a timber harvesting operator's
licence;
(d) any other person undertaking timber
harvesting operations in a State forest.
15
47. Minister may arrange audits
If the Minister believes it is appropriate to do so,
the Minister may ask an appropriately qualified
person to audit compliance with any relevant
Code of Practice relating to timber harvesting by
20
all or any of the following--
(a) VicForests;
(b) a person who has entered into an agreement
with VicForests for the harvesting and sale
of timber resources or the harvesting or sale
25
of timber resources;
(c) the holder of a timber harvesting operator's
licence;
(d) any other person undertaking timber
harvesting operations in a State forest.
30
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48. VicForests to respond to audit
(1) If an audit conducted under section 47 in relation
to VicForests includes any adverse findings
against VicForests, the Minister must make those
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adverse findings available to VicForests.
5
(2) On receiving adverse findings under sub-
section (1), VicForests must prepare a written
response to those findings, including details of
measures VicForests intends to undertake or has
undertaken to improve compliance with the
10
relevant Code of Practice.
(3) VicForests must provide a response under sub-
section (2) to the Minister within--
(a) 30 days of receiving the adverse findings
under sub-section (1); or
15
(b) such longer period as is specified by the
Minister to VicForests in writing.
49. Minister to make findings available
(1) The Minister must cause any adverse findings
against VicForests as a result of an audit
20
conducted under section 47 and any response by
VicForests under section 48 to be available for
inspection by the public at the head office of the
Department of Sustainability and Environment.
(2) The Minister may cause the findings and the
25
response referred to in sub-section (1) to be
published on the Internet.
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Division 2--Licensing of Timber Harvesting Operators
50. Offence to carry out certain activities without a
licence
Victorian Legislation Parliamentary Documents
(1) A person must not, in a State forest, carry out a
prescribed activity or class of activity for which a
5
timber harvesting operator's licence is required
unless the person is the holder of a timber
harvesting operator's licence of a class prescribed
for that activity or class of activity.
Penalty: 60 penalty units.
10
(2) A person must not, in a State forest, supervise the
carrying out of a prescribed activity or class of
activity for which a timber harvesting operator's
licence is required unless that person is the holder
of a timber harvesting operator's licence to
15
supervise timber harvesting operations.
Penalty: 60 penalty units.
51. Offence to engage, contract with or employ
unlicensed timber harvesting operators
A person must not engage, contract with or
20
employ any person to carry out, in a State forest, a
prescribed activity or class of activity for which a
timber harvesting operator's licence is required
unless the person engaged, contracted with or
employed is the holder of a timber harvesting
25
operator's licence of a class prescribed for that
activity or class of activity.
Penalty: 60 penalty units, in the case of a natural
person;
240 penalty units, in the case of a body
30
corporate.
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52. Offence to direct contravention of licence or
regulations
A person who engages, contracts with or employs
a person to carry out, in a State forest, a
Victorian Legislation Parliamentary Documents
prescribed activity or class of activity for which a
5
timber harvesting operator's licence is required or
a person supervising the carrying out of that
activity or class of activity must not direct the
holder of a timber harvesting operator's licence--
(a) to contravene a condition of that person's
10
licence; or
(b) to contravene a regulation relating to the
licence.
Penalty: 60 penalty units, in the case of a natural
person;
15
240 penalty units, in the case of a body
corporate.
53. Application for licence
(1) A natural person may apply to the Secretary for a
timber harvesting operator's licence.
20
(2) An application must--
(a) be in a form approved by the Secretary; and
(b) specify the prescribed activity or class of
activity for which a timber harvesting
operator's licence is required; and
25
(c) be accompanied by the prescribed
application fee (if any).
34
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Part 6--Management of Timber Harvesting
s. 54
54. Issue of licence
(1) The Secretary may issue a timber harvesting
operator's licence to an applicant if the Secretary
is satisfied that the applicant has the appropriate
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qualifications, competencies or experience to
5
carry out the prescribed activity or class of
activity to which the application for the licence
relates--
(a) in a safe manner; and
(b) in accordance with any Code of Practice
10
relating to timber harvesting.
(2) A timber harvesting operator's licence must
specify the prescribed activity or class of activity
to which the licence relates.
(3) A timber harvesting operator's licence--
15
(a) is for a period not exceeding 3 years; and
(b) is not transferable.
55. Application for renewal
(1) The holder of a timber harvesting operator's
licence may apply for renewal of the licence.
20
(2) An application must--
(a) be in a form approved by the Secretary; and
(b) be accompanied by the prescribed renewal
fee (if any).
56. Secretary may renew licence
25
(1) The Secretary may renew a timber harvesting
operator's licence if satisfied that the applicant for
renewal continues to have the appropriate
qualifications, competencies or experience to
carry out the prescribed activity or class of
30
activity to which the licence relates--
(a) in a safe manner; and
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s. 57
(b) in accordance with any Code of Practice
relating to timber harvesting.
(2) The Secretary may refuse to renew a timber
harvesting operator's licence if the licence has
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been cancelled or suspended at any time.
5
57. General conditions
(1) A timber harvesting operator's licence is issued
subject to any conditions that the Secretary
considers appropriate and specifies in the licence.
(2) The Secretary may change any licence condition.
10
58. Notice and submissions on change of licence
conditions
(1) Before changing a licence condition under
section 57, the Secretary must--
(a) give the holder of the timber harvesting
15
operator's licence at least 14 days' written
notice of the proposed change; and
(b) permit the holder of that licence to make
submissions on the change within the time
period specified in the written notice.
20
(2) The Secretary must consider any submissions
received from the holder of the timber harvesting
operator's licence within the time specified in the
written notice under sub-section (1).
59. Notification of refusal
25
The Secretary must--
(a) notify an applicant for a timber harvesting
operator's licence or for renewal of a timber
harvesting operator's licence in writing of the
Secretary's refusal to issue or renew a
30
licence; and
(b) include the reasons for the refusal to issue or
renew the licence in the notification.
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s. 60
60. Review by VCAT
(1) An applicant for a timber harvesting operator's
licence or for the renewal of a timber harvesting
operator's licence may apply to the Victorian Civil
Victorian Legislation Parliamentary Documents
and Administrative Tribunal established by the
5
Victorian Civil and Administrative Tribunal
Act 1998 for review of a decision of the
Secretary--
(a) to refuse to issue a timber harvesting
operator's licence; or
10
(b) to refuse to renew a timber harvesting
operator's licence.
(2) An application for review must be made within
28 days after the later of--
(a) the day on which the decision is made; or
15
(b) if, under the Victorian Civil and
Administrative Tribunal Act 1998, the
person requests a statement of reasons for the
decision, the day on which the statement of
reasons is given to the person or the person is
20
informed under section 46(5) of that Act that
a statement of reasons will not be given.
61. Suspension of licence
(1) The Secretary may suspend a timber harvesting
operator's licence if the holder of the licence has
25
incurred a prescribed number of demerit points.
(2) The Secretary must notify a holder of a timber
harvesting operator's licence of the suspension of
that licence.
(3) A notification under sub-section (2) must be in the
30
prescribed form.
(4) A licence may be suspended for a prescribed
period of suspension, being a period not
exceeding 12 months.
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Part 6--Management of Timber Harvesting
s. 62
62. Cancellation of licence
(1) The Secretary may cancel a timber harvesting
operator's licence if the holder of the licence--
Victorian Legislation Parliamentary Documents
(a) fails to comply with any conditions of the
licence; or
5
(b) carries out timber harvesting operations in a
State forest during any period that the licence
is suspended.
(2) The Secretary must notify a holder of a timber
harvesting operator's licence of the cancellation of
10
that licence.
(3) A notification under sub-section (2) must be in the
prescribed form.
63. Application for review of suspension or cancellation
(1) The holder of a timber harvesting operator's
15
licence whose licence is suspended under
section 61 or cancelled under section 62 may
apply to the Secretary for a review of that
decision.
(2) An application under sub-section (1) must--
20
(a) be in the prescribed form; and
(b) be made within 14 days after the holder of
the licence--
(i) in the case of a suspension, receives
notification under section 61(2); or
25
(ii) in the case of a cancellation, receives
notification under section 62(2).
64. Secretary to appoint panel
(1) On receiving an application under section 63, the
Secretary must appoint a panel to review the
30
Secretary's decision to suspend or cancel the
timber harvesting operator's licence (as the case
requires).
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(2) A panel appointed under sub-section (1) is to be
constituted by 3 persons who are employed under
Part 3 of the Public Sector Management and
Employment Act 1998 in the Department of
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Sustainability and Environment who have relevant
5
knowledge of--
(a) any Code of Practice relating to timber
harvesting; or
(b) the regulatory processes and procedures
relating to timber harvesting.
10
65. Panel to review Secretary's decision
(1) A panel appointed under section 64 must--
(a) review the Secretary's decision to suspend or
cancel the timber harvesting operator's
licence; and
15
(b) make a decision--
(i) affirming the Secretary's decision to
suspend or cancel the timber harvesting
operator's licence; or
(ii) revoking the Secretary's decision to
20
suspend or cancel the timber harvesting
operator's licence; or
(iii) varying the Secretary's decision to
suspend or cancel the timber harvesting
operator's licence in the manner
25
specified in the panel's decision.
(2) The panel must make a decision under sub-
section (1) within 28 days after being appointed
under section 64.
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s. 66
66. Secretary to notify holder of outcome of review
The Secretary must notify the holder of the timber
harvesting operator's licence who has applied
under section 63 for the review of a decision to
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suspend or cancel the licence of the outcome of
5
the review of the Secretary's decision by the panel
under section 65 within 14 days after the
Secretary has received the panel's decision.
67. Decision to cancel or suspend not affected by review
process
10
Pending the outcome of a review of a decision to
suspend or cancel a timber harvesting operator's
licence--
(a) the original decision of the Secretary to
suspend the licence under section 61 or
15
cancel the licence under section 62 (as the
case requires) is not affected; and
(b) the licence is suspended or cancelled
accordingly.
68. Register
20
(1) The Secretary must establish a register of timber
harvesting operator's licences.
(2) The Secretary must ensure that the following
details are recorded in the register--
(a) the name and address of the holder of any
25
timber harvesting operator's licence; and
(b) the licence number of each timber harvesting
operator's licence issued; and
(c) any demerit points issued in respect of a
timber harvesting operator's licence; and
30
(d) any suspension of a timber harvesting
operator's licence; and
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s. 68
(e) any cancellation of a timber harvesting
operator's licence; and
(f) any other prescribed matters.
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Act No.
Part 7--Conduct of Timber Harvesting Operations
s. 69
PART 7--CONDUCT OF TIMBER HARVESTING
OPERATIONS
69. Direction to produce licence
Victorian Legislation Parliamentary Documents
(1) An authorised officer may direct a person who is
the holder of a timber harvesting operator's licence
5
to produce that licence for inspection--
(a) immediately; or
(b) within 7 days at a place determined by the
authorised officer.
(2) A person must comply with a direction under this
10
section.
Penalty: 5 penalty units.
70. Direction in relation to conduct of timber harvesting
operations
(1) An authorised officer may give directions as to the
15
conduct of timber harvesting operations in a State
forest to any person who is the holder of a timber
harvesting operator's licence.
(2) A person must comply with a direction under this
section.
20
Penalty: 60 penalty units.
71. Suspension of timber harvesting operation
(1) An authorised officer may issue a suspension
notice to suspend any timber harvesting operation
in a State forest if the authorised officer is of the
25
opinion that--
(a) there has been a failure to comply with a
direction under section 70; and
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s. 72
(b) continuation of the timber harvesting
operation would cause--
(i) imminent damage to the environment;
or
Victorian Legislation Parliamentary Documents
(ii) a serious risk to the safety of any
5
person.
(2) A notice under sub-section (1) may be issued to--
(a) the holder of a timber harvesting operator's
licence; or
(b) the person who has, or may reasonably be
10
presumed to have, control over the timber
harvesting operation in the State forest.
72. What must a suspension notice contain?
A suspension notice must--
(a) state that the authorised officer is of the
15
opinion that the timber harvesting operation
is causing or may cause--
(i) imminent damage to the environment;
or
(ii) a serious risk to the safety of any
20
person;
(b) state the reasons for that opinion;
(c) specify the activity which, in the authorised
officer's opinion, involves or may involve
the damage or risk and the matters which
25
give or will give rise to the damage or risk.
73. Notices may include directions
(1) An authorised officer may include in a suspension
notice directions as to the measures to be taken to
remedy any damage, risk, matter or activity to
30
which the notice relates.
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(2) Any direction under sub-section (1) may--
(a) refer to any Code of Practice; and
(b) offer the person to whom it is issued a choice
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of ways in which to remedy the damage,
risk, matter or activity.
5
74. Suspension notice expires once matter remedied
Subject to this Part, a suspension notice expires
once the damage, risk, matter or activity to which
the notice relates is remedied to the satisfaction of
the authorised officer who issued the notice.
10
75. Offence not to comply with suspension notice
A person to whom a suspension notice is issued in
relation to which an appeal has not been made
under section 76 must comply with that notice.
Penalty: 60 penalty units.
15
76. Appeals against suspension notices
(1) A person to whom a suspension notice is issued
or, if that person is an employee, that person's
employer, may appeal against the notice to the
Magistrates' Court.
20
(2) An appeal under sub-section (1) must be--
(a) in writing; and
(b) made within 7 days after a suspension notice
is issued.
(3) The Magistrates' Court must inquire into the
25
circumstances relating to the notice and may--
(a) affirm the notice; or
(b) affirm the notice with such modifications as
it thinks fit; or
(c) cancel the notice.
30
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(4) Subject to any order to the contrary made by the
Magistrates' Court, the operation of the suspension
notice continues pending the decision of the
Magistrates' Court under sub-section (3).
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(5) If the Magistrates' Court affirms the suspension
5
notice or affirms the suspension notice with
modifications, the person to whom the suspension
notice was issued must comply with the
suspension notice as so affirmed.
Penalty: 60 penalty units.
10
77. Occupational Health and Safety Act 1985 prevails
Nothing in this Part affects the operation of the
Occupational Health and Safety Act 1985 and,
to the extent that there is any conflict or
inconsistency with the provisions of the
15
Occupational Health and Safety Act 1985, that
Act prevails.
__________________
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Act No.
Part 8--Fire Prevention And Suppression
s. 78
PART 8--FIRE PREVENTION AND SUPPRESSION
78. Agreements for prevention and suppression of fire
Victorian Legislation Parliamentary Documents
VicForests and the Secretary may enter into
agreements or arrangements relating to the
prevention and suppression of fire.
5
79. Secretary may direct VicForests staff
(1) The Secretary may direct VicForests or any staff
of VicForests to undertake fire suppression works
if the Secretary and VicForests have entered into
an agreement or arrangement under section 78.
10
(2) A person must comply with a direction under this
section.
80. Secretary and authorised officers may direct timber
harvesters
The Secretary or an authorised officer may direct
15
any person undertaking or engaged in timber
harvesting operations to make that person's
employees, plant and equipment available to assist
in fire suppression when the Secretary or an
authorised officer (as the case requires) gives such
20
a direction.
81. Person must comply with direction
A person must comply with a direction of the
Secretary or an authorised officer (as the case
requires) under section 80.
25
82. Secretary to reimburse for assistance
If a person provides assistance to the Secretary
pursuant to a direction under section 80, the
Secretary must reimburse that person for the
reasonable costs incurred by that person in
30
providing that assistance.
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Part 8--Fire Prevention And Suppression
s. 83
83. Part does not derogate from certain Acts
Nothing in this Part derogates from the Forests
Act 1958 or the Country Fire Authority Act
1958.
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Act No.
Part 9--Enforcement
s. 84
PART 9--ENFORCEMENT
84. Requirement to give name and address
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(1) If an authorised officer believes on reasonable
grounds that a person has committed or is
committing an offence against this Act or the
5
regulations, the officer may ask the person to state
his or her name and ordinary place of residence or
business.
(2) In making a request under sub-section (1), the
authorised officer must inform the person of the
10
grounds for the authorised officer's belief that the
person has committed or is committing the
offence.
(3) A person must not, in response to a request under
sub-section (1)--
15
(a) refuse or fail to comply with the request
without a reasonable excuse for doing so; or
(b) state a name that is false in a material detail;
or
(c) state an address that is not the full and
20
correct address of his or her ordinary place
of residence or business.
Penalty: 5 penalty units.
(4) If a person states a name and address in response
to a request under sub-section (1) and the
25
authorised officer suspects on reasonable grounds
that the stated name and address may be false, the
officer may request the person to produce
evidence of the correctness of the name and
address.
30
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s. 85
(5) A person to whom a request under sub-section (4)
is made must comply with the request, unless he
or she has a reasonable excuse for not doing so.
Penalty: 5 penalty units.
Victorian Legislation Parliamentary Documents
(6) It is not an offence for a person to fail to comply
5
with a request under sub-section (1) or (4)--
(a) if the authorised officer did not inform the
person, at the time the request was made,
that it is an offence to fail to comply with the
request; or
10
(b) if the authorised officer did not identify
himself or herself in accordance with
section 85 before making the request.
85. Authorised officers must identify themselves
An authorised officer must produce proof of his or
15
her identity and official status--
(a) before exercising a power under section 84;
and
(b) at any time during the exercise of a power
under section 84, if asked to do so.
20
86. Offence to hinder or obstruct an authorised officer
A person must not, without reasonable excuse,
hinder or obstruct an authorised officer who is
exercising that authorised officer's duties or
powers under this Act or the regulations.
25
Penalty: 60 penalty units.
87. Offence to threaten or abuse an authorised officer
A person must not threaten or abuse an authorised
officer who is exercising that authorised officer's
duties or powers under this Act or the regulations.
30
Penalty: 60 penalty units.
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Act No.
Part 9--Enforcement
s. 88
88. Power to seize items
(1) If an authorised officer believes on reasonable
grounds that a person has committed or is
committing an offence against this Act or the
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regulations, the authorised officer may seize any
5
item used or being used by that person in the
commission of the offence.
(2) If an authorised officer seizes an item under this
section, the authorised officer must immediately
give the person a written receipt for the item
10
seized indicating--
(a) the nature of the item seized; and
(b) the date and time that the authorised officer
took possession of the item; and
(c) the name of the authorised officer who
15
seized the item and the address where the
item will be held.
89. Return of seized items
(1) An authorised officer who seizes an item under
section 88 must--
20
(a) as soon as practicable after seizing the item,
inform the person from whom the item was
seized of that person's right to have it
returned; and
(b) ensure that the item is returned to the person
25
from whom it was seized within 90 days
after the date on which it was seized.
(2) A person from whom an item was seized may
apply at the office of the authorised officer who
seized the item for its return within 90 days after it
30
was seized.
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s. 90
(3) This section does not apply if proceedings for an
offence against the Act or the regulations in
relation to which the item was seized have been
commenced within 90 days of the item being
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seized.
5
90. Recovery of seized item and compensation
If an item seized under section 88 has not been
returned to the person from whom it was seized
and--
(a) proceedings are not instituted for an offence
10
against this Act or the regulations in relation
to the seized item within 90 days of the
seizure; or
(b) after proceedings have been instituted and
completed, the defendant is not found
15
guilty--
the person from whom the item was seized is
entitled to recover the seized item, or, if it has
been destroyed, compensation equal to the market
value of the item at the time of the seizure.
20
91. Forfeiture to Crown
(1) An item seized under section 88 that is not
returned to the person from whom it was seized
within 12 months after being so seized is forfeited
to the Crown.
25
(2) If any seized item is forfeited to the Crown under
sub-section (1)--
(a) the Minister may direct that it be disposed of
in any manner that the Minister thinks fit;
and
30
(b) if it is sold, the proceeds of the sale must be
paid into the Consolidated Fund.
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Part 9--Enforcement
s. 92
92. Court may order forfeiture to the Crown
(1) A court which finds a person guilty of an offence
against this Act or the regulations may order that
any item used in the commission of the offence be
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forfeited to the Crown.
5
(2) If any item is forfeited to the Crown under sub-
section (1)--
(a) the Minister may direct that the item be
disposed of in any manner that the Minister
thinks fit; and
10
(b) if the Minister directs that the item is to be
disposed of by sale, the proceeds of the sale
must be paid into the Consolidated Fund.
93. Direction to remove obstructions
(1) An authorised officer may direct the owner of, or
15
a person responsible for, an obstruction in a State
forest to remove the obstruction from--
(a) any road or track used for timber harvesting
operations; or
(b) any area where timber harvesting operations
20
are being carried out.
(2) A direction under sub-section (1)--
(a) may be given in writing or orally; and
(b) may specify the time by which the
obstruction must be removed.
25
(3) Unless a person to whom a direction under sub-
section (1) is given has a reasonable excuse for
not doing so, the person must comply with the
direction--
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Part 9--Enforcement
s. 94
(a) if a time is specified in the direction, within
the time specified; or
(b) if no time is specified in the direction, within
a reasonable time.
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(4) In this section and section 94, "obstruction"
5
means anything which is--
(a) a danger to the safety of any person in a
State forest; or
(b) placed in a State forest in contravention of
this Act or the regulations.
10
94. Authorised officer may remove obstructions in State
forest
(1) An authorised officer may remove, or cause the
removal of, any obstruction in a State forest if--
(a) after making reasonable inquiries, the
15
authorised officer is unable to identify the
owner of, or a person responsible for, an
obstruction in a State forest; or
(b) after being given a direction under
section 93, the owner of, or a person
20
responsible for, an obstruction in a State
forest--
(i) is unable or unwilling to remove the
obstruction; or
(ii) has not removed the obstruction--
25
(A) if a time is specified in the
direction, within the time
specified; or
(B) if no time is specified in the
direction, within a reasonable
30
time.
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Part 9--Enforcement
s. 94
(2) Without limiting the powers of an authorised
officer under this section, an authorised officer
may remove, or cause the removal of an
obstruction by its destruction, if it is reasonable to
Victorian Legislation Parliamentary Documents
do so in the circumstances.
5
(3) An authorised officer may dispose of anything
removed under this section.
(4) An authorised officer may recover any reasonable
costs incurred in taking action under this section
as a debt due and payable by the owner of, or the
10
person responsible for, the obstruction.
__________________
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Act No.
Part 10--Miscellaneous
s. 95
PART 10--MISCELLANEOUS
95. Limitation of Supreme Court's jurisdiction
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(1) It is the intention of section 27 to alter or vary
section 85 of the Constitution Act 1975.
(2) It is the intention of section 30 to alter or vary
5
section 85 of the Constitution Act 1975.
96. Regulations
(1) The Governor in Council may make regulations
for or with respect to--
(a) a demerit points system in relation to timber
10
harvesting operator's licences, including--
(i) the circumstances in which demerit
points are incurred; and
(ii) the procedures for notification to a
holder of a timber harvesting operator's
15
licence that demerit points have been
incurred; and
(iii) the circumstances in which demerit
points are cancelled; and
(iv) the process for reviewing a decision to
20
give demerit points;
(b) the maximum period for suspension of a
timber harvesting operator's licence under
Division 2 of Part 6, being a period not
exceeding 12 months;
25
(c) prescribing classes of timber harvesting
operator's licences;
(d) prescribing activities or classes of activity
for which a timber harvesting operator's
licence is required;
30
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Part 10--Miscellaneous
s. 96
(e) prescribing penalties not exceeding
20 penalty units for a contravention of the
regulations;
(f) any other matter or thing that is required or
Victorian Legislation Parliamentary Documents
permitted by this Act to be prescribed or that
5
is necessary to be prescribed for carrying out
or giving effect to this Act.
(2) Regulations made under this Act--
(a) may be of general or limited application;
(b) may differ according to differences in time,
10
place or circumstance;
(c) may leave any matter or thing to be from
time to time determined, approved or
dispensed with by the Secretary or an
authorised officer;
15
(d) may apply, adopt or incorporate any matter
contained in any document, code, standard,
rule, specification or method, formulated,
issued, prescribed or published by any other
person, whether--
20
(i) wholly or partially or as amended by
the regulations; or
(ii) as formulated, issued, prescribed or
published at the time the regulations are
made or at any time before then; or
25
(iii) as formulated, issued, prescribed or
published from time to time.
(3) Regulations made under this Act may exempt
specified persons or any class of persons from
complying with all or any of the regulations.
30
__________________
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See:
PART 11--AMENDMENTS TO THE FORESTS ACT 1958
Act No.
6254.
97. Definitions Reprint No. 8
as at
Victorian Legislation Parliamentary Documents
(1) In section 3(1) of the Forests Act 1958 insert the 1 January
2003 and
following definition-- amending
Act No.
' "VicForests" has the same meaning as it has in
5 97/2003.
section 3 of the Conservation, Forests and LawToday:
www.dms.
Lands Act 1987;'. dpc.vic.
gov.au
(2) In section 3(1) of the Forests Act 1958--
(a) for the definition of "forest produce" (where
first occurring) substitute--
10
' "forest produce" means--
(a) all parts of trees or plants,
including any parts below the
ground;
(b) the products of trees or plants,
15
whether or not those products
have become separated from those
trees or plants prior to being
harvested and includes--
(i) honey;
20
(ii) beeswax;
(iii) oil distilled from any species
of eucalypt;
(iv) firewood collected for
domestic use;
25
(c) stone, gravel, limestone, lime, salt,
sand, loam, clay or brick-earth--
but does not include--
(d) gold, silver, metals or minerals; or
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(e) subject to any specific provision
to the contrary, timber resources
within the meaning of the
Sustainable Forests (Timber)
Victorian Legislation Parliamentary Documents
Act 2004;';
5
(b) the definition of "forest produce" (where
secondly occurring) is repealed.
98. New section 4 inserted
Before section 5 of the Forests Act 1958 insert--
"4. Forest produce is property of the Crown
10
(1) All forest produce in State forest is the
property of the Crown.
(2) Property in forest produce only passes
from the Crown to another person in
accordance with this Act.".
15
99. Business of the Secretary
(1) In section 5(1)(b) of the Forests Act 1958, for
"the granting" substitute "subject to Part 4 of the
Sustainable Forests (Timber) Act 2004, the
granting".
20
(2) In section 5(1)(c) of the Forests Act 1958, for
"the collection" substitute "subject to Part 4 of
the Sustainable Forests (Timber) Act 2004, the
collection".
100. Repeal of redundant provisions--forest produce
25
definition and timber promotion
(1) Section 19(2) of the Forests Act 1958 is
repealed.
(2) Sections 20(ca) and 99(19C) of the Forests Act
1958 are repealed.
30
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101. Special powers of the Secretary
(1) In section 21(1)(e) of the Forests Act 1958, after
"timber" insert ", including timber resources
within the meaning of the Sustainable Forests
Victorian Legislation Parliamentary Documents
(Timber) Act 2004,".
5
(2) After section 21(1) of the Forests Act 1958
insert--
"(1AA) The Secretary must not exercise a power
under sub-section (1)(a), (b) or (c) in respect
of vested timber resources within the
10
meaning of the Sustainable Forests
(Timber) Act 2004.".
102. Reserved forests
(1) In section 42(4) of the Forests Act 1958, for
"Except" substitute "Subject to sub-section (4A),
15
except".
(2) After section 42(4) of the Forests Act 1958
insert--
"(4A) Nothing in sub-section (4) prevents an
allocation order under the Sustainable
20
Forests (Timber) Act 2004 being made in
respect of a reserved forest.".
(3) In section 45(2) of the Forests Act 1958, for
"Mines Act 1958" substitute "Mineral
Resources Development Act 1990".
25
103. Repeal of power to exchange forests lands for
unoccupied Crown lands
(1) Insert the following heading to section 49 of the
Forests Act 1958--
"Excisions from reserved forest".
30
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(2) In section 49 of the Forests Act 1958--
(a) in sub-section (1), omit ", in exchange for
any unoccupied Crown land described in the
Order,";
Victorian Legislation Parliamentary Documents
(b) sub-section (2) is repealed.
5
(3) In section 49(3) of the Forests Act 1958--
(a) in paragraph (a), for "land; and" substitute
"land.";
(b) paragraph (b) is repealed.
104. Committees of management--reserved forests
10
(1) In section 50(5)(e) of the Forests Act 1958, omit
"paragraph (b) of section fifty-one or".
(2) Section 50(7) of the Forests Act 1958 is
repealed.
(3) For section 50(10)(a) of the Forests Act 1958
15
substitute--
"(a) annually appoint a registered company
auditor to audit the accounts and records of
any committee of management; or".
(4) After section 50(10) of the Forests Act 1958
20
insert--
"(11) A registered company auditor appointed
under sub-section (10)(a) is entitled to be
paid by the committee of management such
remuneration as the Governor in Council
25
determines.".
105. Lease of land in reserved forest
(1) In section 51 of the Forests Act 1958--
(a) in paragraph (a), for "cattle;" substitute
"cattle; or";
30
(b) paragraph (b) is repealed.
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(2) The proviso to section 51 of the Forests Act 1958
is repealed.
106. Licences and permits with respect to forests
Victorian Legislation Parliamentary Documents
After section 52(1) of the Forests Act 1958
insert--
5
"(2) The Secretary must not grant a licence or
permit under this section in respect of vested
timber resources within the meaning of the
Sustainable Forests (Timber) Act 2004.".
107. Repeal of entitlement to licence reissue
10
Section 52(6) of the Forests Act 1958 is
repealed.
108. New section 52AA inserted
After section 52 of the Forests Act 1958 insert--
"52AA. No compensation payable or proceedings
15
able to be taken
On the repeal of section 52(6) by section 107
of the Sustainable Forests (Timber) Act
2004--
(a) despite anything to the contrary in
20
section 14 of the Interpretation of
Legislation Act 1984, any entitlement,
right or purported right in existence
immediately before that repeal in
respect of the granting of any further
25
licence or permit for a licence or permit
of a kind referred to in section 52(6) as
in force immediately before its repeal
ceases to exist; and
(b) the holder of a licence or permit of a
30
kind referred to in section 52(6) is not
entitled to have that licence or permit
renewed or reissued, whether any
entitlement, right or purported right to
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do so arose under section 52(6), a term
or condition of the licence or permit or
in any other manner; and
(c) no proceedings may be taken--
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(i) in respect of any loss, damage or
5
injury resulting from or arising out
of--
(A) the loss of any entitlement,
right or purported right
referred to in paragraph (a)
10
or (b); or
(B) the enactment of this section;
or
(ii) to seek a renewal, reissue or grant
of a licence or permit, whether
15
arising under any entitlement,
right or purported right to do so
under section 52(6), a term or
condition of the licence or permit
or in any other manner; and
20
(d) no compensation is payable in respect
of any loss, damage or injury resulting
from or arising out of--
(i) the loss of any entitlement, right
or purported right referred to in
25
paragraph (a) or (b); or
(ii) the enactment of this section.".
109. Repeal of sustainable yield provisions
In the Forests Act 1958--
(a) in section 3(1), the definitions of "forest
30
management area", "sustainable yield rate",
"timber supply period", "hardwood sawlog"
and "hardwood sawlog supply level" are
repealed;
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(b) sections 52A to 52F are repealed;
(c) the Third Schedule to that Act is repealed.
110. Dealing with interests in leased land
Victorian Legislation Parliamentary Documents
In section 56 of the Forests Act 1958, for
"Subject to regulations under this Act, any"
5
substitute "Any".
111. Protected forests
(1) After section 58(5) of the Forests Act 1958
insert--
"(6) Nothing in this section prevents an allocation
10
order under the Sustainable Forests
(Timber) Act 2004 being made in respect of
a protected forest.".
(2) After section 59(1) of the Forests Act 1958
insert--
15
"(1A) Sub-section (1) does not apply to timber
which is timber resources within the
meaning of the Sustainable Forests
(Timber) Act 2004, if that timber is
harvested in accordance with that Act.".
20
112. New sections 62A to 62C inserted
After section 62 of the Forests Act 1958 insert--
"62A. Secretary may apply and use fire for land
and resource management
(1) Subject to this Act, the Secretary may, in a
25
State forest or national park, or on protected
public land, apply and use fire for the
following purposes--
(a) as part of silvicultural activities
undertaken in the State forest or on
30
protected public land;
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(b) to control pest animals and pest plants
in the State forest, national park or on
protected public land;
(c) to maintain, manage, protect or enhance
Victorian Legislation Parliamentary Documents
the ecology of, or land or vegetation in,
5
the State forest, national park or on
protected public land.
(2) In applying and using fire in a State forest or
national park, or on protected public land,
the Secretary must have regard to any
10
relevant Code of Practice.
62B. Agreement required for Secretary to
apply or use fire in national parks or on
protected public land
The Secretary must not apply or use fire in a
15
national park or on protected public land for
any purpose set out in section 62A(1) unless
the person or body that has management and
control of the national park or protected
public land agrees to its application or use.
20
62C. Secretary may enter into agreements and
arrangements relating to the prevention
and suppression of fires
The Secretary may enter into an agreement
or arrangement with any person or body in
25
Victoria or elsewhere--
(a) for assistance in the prevention and
suppression of fire;
(b) relating to research into the prevention
and suppression of fire;
30
(c) for training in relation to the prevention
and suppression of fire;
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(d) for the supply of fire fighting
equipment and apparatus and systems
used in the prevention and suppression
of fire;
Victorian Legislation Parliamentary Documents
(e) for the provision by the Secretary of
5
goods or services relating to the
prevention and suppression of fire.".
113. Acute fire danger
(1) In section 64(1) of the Forests Act 1958--
(a) in paragraph (b) for "(as the case may be)--"
10
substitute "(as the case may be); and";
(b) after paragraph (b) insert--
"(c) suspend any timber harvesting
operations within the meaning of the
Sustainable Forests (Timber) Act
15
2004 being undertaken under that Act
in so far as those operations are being
undertaken in any such fire protected
area or part of a fire protected area (as
the case may be)--".
20
(2) In section 64(2) of the Forests Act 1958--
(a) in paragraph (b) for "(as the case may be)--"
substitute "(as the case may be); or";
(b) after paragraph (b) insert--
"(c) undertakes under the Sustainable
25
Forests (Timber) Act 2004 any timber
harvesting operations within the
meaning of that Act in any such fire
protected area or part of a fire protected
area (as the case may be)--".
30
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114. Placing inflammable material
In section 66 of the Forests Act 1958, after
"forest produce" insert ", timber resources within
the meaning of the Sustainable Forests (Timber)
Victorian Legislation Parliamentary Documents
Act 2004".
5
115. Duty to prevent spread of fire
(1) In section 67(3) of the Forests Act 1958, after
"Victoria" insert "or who is a timber harvester".
(2) After section 67(3) of the Forests Act 1958
insert--
10
'(4) In sub-section (3) "timber harvester"
means a person--
(a) who has entered into an agreement with
VicForests under the Sustainable
Forests (Timber) Act 2004 for the
15
harvesting and sale of timber resources
or the harvesting or sale of timber
resources within the meaning of that
Act; or
(b) undertaking timber harvesting
20
operations within the meaning of that
Act.'.
116. Repeal of redundant provisions--dugouts and
sawmills
(1) Sections 69 and 99(17B) to (17E) of the Forests
25
Act 1958 are repealed.
(2) In section 70(4)(a) of the Forests Act 1958, for
"sixty-three to sixty-nine" substitute "63 to 68".
(3) In section 99A(1) of the Forests Act 1958, for
"(17A)(17B) or (17C)" substitute "or (17A)".
30
(4) Sections 72 and 99(27) of the Forests Act 1958
are repealed.
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117. Prohibition on cutting timber
(1) In section 77(1) of the Forests Act 1958, for
"Notwithstanding" substitute "Subject to sub-
section (1A), notwithstanding".
Victorian Legislation Parliamentary Documents
(2) After section 77(1) of the Forests Act 1958
5
insert--
"(1A) Sub-section (1) does not apply to timber
which is timber resources within the
meaning of the Sustainable Forests
(Timber) Act 2004, if that timber is
10
harvested in accordance with that Act.".
118. Power to direct route
(1) In section 79 of the Forests Act 1958, after
"forest produce" (wherever occurring) insert "or
timber resources".
15
(2) In section 79(3) of the Forests Act 1958, after
"this Act" insert "or the Sustainable Forests
(Timber) Act 2004 (as the case requires)".
(3) After section 79(6) of the Forests Act 1958
insert--
20
'(7) In this section "timber resources" has the
same meaning as it has in the Sustainable
Forests (Timber) Act 2004.'.
119. Payment of dues and charges
After section 80(2) of the Forests Act 1958
25
insert--
'(3) This section applies to timber resources
within the meaning of the Sustainable
Forests (Timber) Act 2004 used to supply
managed licences within the meaning of that
30
Act as if--
(a) a reference to "forest produce" were a
reference to "timber resources" within
the meaning of that Act; and
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(b) a reference to the Secretary or the
Crown were a reference to VicForests;
and
(c) a reference to "the Minister" were a
Victorian Legislation Parliamentary Documents
reference to the Minister for
5
Agriculture within the meaning of that
Act; and
(d) a reference to "this Act" were a
reference to the Sustainable Forests
(Timber) Act 2004.
10
(4) If a provision of the Sustainable Forests
(Timber) Act 2004 is inconsistent with this
section as applied by sub-section (3), the
provision of the Sustainable Forests
(Timber) Act 2004 prevails.'.
15
120. Presumption as to ownership
At the end of section 82 of the Forests Act 1958
insert--
'(2) This section applies to timber resources
within the meaning of the Sustainable
20
Forests (Timber) Act 2004 used to supply
managed licences within the meaning of that
Act as if--
(a) a reference to "forest produce" were a
reference to "timber resources" within
25
the meaning of that Act; and
(b) a reference to the Crown were a
reference to VicForests; and
(c) a reference to "this Act" were a
reference to the Sustainable Forests
30
(Timber) Act 2004.
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(3) If a provision of the Sustainable Forests
(Timber) Act 2004 is inconsistent with this
section as applied by sub-section (2), the
provision of the Sustainable Forests
Victorian Legislation Parliamentary Documents
(Timber) Act 2004 prevails.'.
5
121. Search warrants
In section 83 of the Forests Act 1958--
(a) after "forest produce" (where twice
occurring) insert "or timber resources within
the meaning of the Sustainable Forests
10
(Timber) Act 2004 used to supply managed
licences within the meaning of that Act";
(b) after "charges" insert "under this Act or the
Sustainable Forests (Timber) Act 2004 (as
the case requires)".
15
122. New sections 95A to 95J inserted
After section 95 of the Forests Act 1958 insert--
"95A. Requirement to give name and address
(1) If an authorised officer believes on
reasonable grounds that a person has
20
committed or is committing an offence
against this Act or the regulations, the officer
may ask the person to state his or her name
and ordinary place of residence or business.
(2) In making a request under sub-section (1),
25
the authorised officer must inform the person
of the grounds for the authorised officer's
belief that the person has committed or is
committing the offence.
(3) A person must not, in response to a request
30
under sub-section (1)--
(a) refuse or fail to comply with the request
without a reasonable excuse for doing
so; or
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(b) state a name that is false in a material
detail; or
(c) state an address that is not the full and
correct address of his or her ordinary
Victorian Legislation Parliamentary Documents
place of residence or business.
5
Penalty: 5 penalty units.
(4) If a person states a name and address in
response to a request under sub-section (1)
and the authorised officer suspects on
reasonable grounds that the stated name and
10
address may be false, the officer may request
the person to produce evidence of the
correctness of the name and address.
(5) A person to whom a request under sub-
section (4) is made must comply with the
15
request, unless he or she has a reasonable
excuse for not doing so.
Penalty: 5 penalty units.
(6) It is not an offence for a person to fail to
comply with a request under sub-section (1)
20
or (4)--
(a) if the authorised officer did not inform
the person, at the time the request was
made, that it is an offence to fail to
comply with the request; or
25
(b) if the authorised officer did not identify
himself or herself in accordance with
section 95B before making the request.
95B. Authorised officers must identify
themselves
30
An authorised officer must produce proof of
his or her identity and official status--
(a) before exercising a power under
section 95A; and
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(b) at any time during the exercise of a
power under section 95A, if asked to do
so.
95C. Power to remove abandoned goods
Victorian Legislation Parliamentary Documents
(1) An authorised officer may remove, or cause
5
the removal of, any goods which the
authorised officer reasonably believes have
been abandoned in a State forest.
(2) Subject to sub-section (3), an authorised
officer must store the goods referred to in
10
sub-section (1) in a safe place and manner
for not less than 28 days.
(3) An authorised officer may remove and
immediately destroy or dispose of goods
referred to in sub-section (1) if--
15
(a) the goods are perishable; or
(b) the goods are dangerous.
(4) Nothing in this section affects the operation
of any other Act or law affecting the
removal, destruction or disposal of goods.
20
Note: Other legislation of the State and
Commonwealth may deal with the disposal of
goods for example, the Dangerous Goods Act
1985.
95D. Owner to be sought and goods returned
25
(1) An authorised officer must make reasonable
enquiries to ascertain the rightful owner of
goods removed and stored under section 95C
before the end of 7 days after those goods are
stored.
30
(2) If the rightful owner of the goods is
ascertained, the authorised officer must take
reasonable steps to notify the rightful owner
as to when and from where the goods can be
collected.
35
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(3) The rightful owner of goods removed and
stored under section 95C may apply at the
office of the authorised officer who removed
the goods for the return of those goods
Victorian Legislation Parliamentary Documents
before they are dealt with under section 95E.
5
95E. What if goods are not collected or
claimed?
(1) An authorised officer may dispose of goods
removed and stored under section 95C in any
manner he or she thinks fit if--
10
(a) those goods are not collected or
claimed within a reasonable time after
the rightful owner has been notified
under section 95D(2); or
(b) the rightful owner cannot be found.
15
(2) If goods removed and stored under
section 95C are disposed of by sale, the
proceeds of the sale must be paid into the
Consolidated Fund.
95F. Power to seize items
20
(1) If an authorised officer believes on
reasonable grounds that a person has
committed or is committing an offence
against this Act or the regulations, the
authorised officer may seize any item used or
25
being used by that person in the commission
of the offence.
(2) If an authorised officer seizes an item under
this section, the authorised officer must
immediately give the person a written receipt
30
for the item seized indicating--
(a) the nature of the item seized; and
(b) the date and time that the authorised
officer took possession of the item; and
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(c) the name of the authorised officer who
seized the item and the address where
the item will be held.
95G. Return of seized items
Victorian Legislation Parliamentary Documents
(1) An authorised officer who seizes an item
5
under section 95F must--
(a) as soon as practicable after seizing the
item, inform the person from whom the
item was seized of that person's right to
have it returned; and
10
(b) ensure that the item is returned to the
person from whom it was seized within
90 days after the date on which it was
seized.
(2) A person from whom an item was seized
15
may apply at the office of the authorised
officer who seized the item for its return
within 90 days after it was seized.
(3) This section does not apply if proceedings
for an offence against the Act or the
20
regulations in relation to which the item was
seized have been commenced within 90 days
of the item being seized.
95H. Recovery of seized item and compensation
If an item seized under section 95F has not
25
been returned to the person from whom it
was seized, and--
(a) proceedings are not instituted for an
offence against this Act or the
regulations in relation to the seized item
30
within 90 days of the seizure; or
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(b) after proceedings have been instituted
and completed, the defendant is not
found guilty--
the person from whom the item was seized is
Victorian Legislation Parliamentary Documents
entitled to recover the seized item, or, if it
5
has been destroyed, compensation equal to
the market value of the item at the time of
the seizure.
95I. Forfeiture to Crown
(1) An item seized under section 95F that is not
10
returned to the person from whom it was
seized within 12 months after being so seized
is forfeited to the Crown.
(2) If any seized item is forfeited to the Crown
under sub-section (1)--
15
(a) the Minister may direct that it be
disposed of in any manner that the
Minister thinks fit; and
(b) if it is sold, the proceeds of the sale
must be paid into the Consolidated
20
Fund.
95J. Court may order forfeiture to the Crown
(1) A court which finds a person guilty of an
offence against this Act or the regulations
may order that any item used in the
25
commission of the offence be forfeited to the
Crown.
(2) If an item is forfeited to the Crown under
sub-section (1)--
(a) the Minister may direct that the item be
30
disposed of in any manner that the
Minister thinks fit; and
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(b) if the Minister directs that the item is to
be disposed of by sale, the proceeds of
the sale must be paid into the
Consolidated Fund.".
Victorian Legislation Parliamentary Documents
123. Offence provisions
5
(1) In section 96(f) of the Forests Act 1958--
(a) omit "exercises compulsion upon any
authorised officer by violence or threats or";
and
(b) omit "or assaults or obstructs any authorised
10
officer in the execution of his duty".
(2) In section 96(k) of the Forests Act 1958, after
"timber" insert "(other than timber resources
within the meaning of the Sustainable Forests
(Timber) Act 2004)".
15
(3) In section 96(m) of the Forests Act 1958, after
"timber" insert "(including timber resources
within the meaning of the Sustainable Forests
(Timber) Act 2004)".
(4) In section 96(n) of the Forests Act 1958, after
20
"any regulation" insert "or the Sustainable
Forests (Timber) Act 2004".
124. New sections 96A and 96B inserted
After section 96 of the Forests Act 1958 insert--
"96A. Offence to hinder or obstruct an
25
authorised officer
A person must not, without reasonable
excuse, hinder or obstruct an authorised
officer who is exercising that authorised
officer's duties or powers under this Act or
30
the regulations.
Penalty: 60 penalty units.
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s. 125
96B. Offence to threaten or abuse an
authorised officer
A person must not threaten or abuse an
authorised officer who is exercising that
Victorian Legislation Parliamentary Documents
authorised officer's duties or powers under
5
this Act or the regulations.
Penalty: 60 penalty units.".
125. New section 98 inserted
After section 97 of the Forests Act 1958 insert--
"98. Limitation of Supreme Court's
10
jurisdiction--Sustainable Forests
(Timber) Act 2004
It is the intention of section 52AA to alter or
vary section 85 of the Constitution Act
1975.".
15
126. Regulation-making powers
In section 99(15) of the Forests Act 1958, after
"timber" insert ", including timber resources
within the meaning of the Sustainable Forests
(Timber) Act 2004,".
20
__________________
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Act No.
Part 12--Amendments to the Conservation, Forests and Lands Act 1987
s. 127
See:
PART 12--AMENDMENTS TO THE CONSERVATION,
Act No.
FORESTS AND LANDS ACT 1987 41/1987.
Reprint No. 5
as at
Victorian Legislation Parliamentary Documents
127. Definition amended 17 June 2003
and
In section 3(1) of the Conservation, Forests and amending
Lands Act 1987, in the definition of "forest
5 Act No.
97/2003.
produce" omit "in relation to reserved forest". LawToday:
www.dms.
128. Part 5 substituted dpc.vic.
gov.au
For Part 5 of the Conservation, Forests and
Lands Act 1987 substitute--
"PART 5--CODES OF PRACTICE
10
31. Power to make Codes of Practice
(1) The Minister, in accordance with this Part,
may make Codes of Practice which specify
standards and procedures for the carrying out
of any of the objects or purposes of a
15
relevant law.
(2) A Code of Practice may apply, adopt or
incorporate any matter contained in any
document, standard, rule, specification or
method, formulated, issued, prescribed or
20
published by any person whether--
(a) wholly or partially or as amended by
the Code of Practice; or
(b) as formulated, issued, prescribed or
published at the time the Code of
25
Practice is made or at any time before
then.
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Part 12--Amendments to the Conservation, Forests and Lands Act 1987
s. 128
32. Variation and revocation of Code of
Practice
The Minister, in accordance with this Part,
may vary or revoke a Code of Practice at any
Victorian Legislation Parliamentary Documents
time.
5
33. Advertisement of draft Code of Practice,
variation or revocation
(1) The Minister must give notice of--
(a) any draft Code of Practice which the
Minister proposes to make;
10
(b) any variation of a Code of Practice
which the Minister proposes to make;
(c) any revocation of a Code of Practice
which the Minister proposes to make.
(2) A notice under sub-section (1) must be
15
published--
(a) in the Government Gazette; and
(b) in a newspaper circulating generally
throughout the State.
(3) A notice under sub-section (1) must--
20
(a) state where a copy of the draft Code of
Practice, variation or revocation (as the
case requires) may be obtained; and
(b) state that submissions may be made to
the Minister and that they must be
25
made within 60 days of the publication
of the notice.
34. Consideration of submissions
The Minister must consider any submissions
made to the Minister if those submissions are
30
made within the time specified in
section 33(3).
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s. 128
35. Tabling and disallowance
(1) Before any draft Code of Practice or any
variation or revocation of a Code of Practice
is made, the Minister must ensure that a copy
Victorian Legislation Parliamentary Documents
of that draft Code of Practice, variation or
5
revocation is tabled in each House of the
Parliament for 14 sitting days.
(2) A draft Code of Practice or any variation or
revocation of a Code of Practice may be
disallowed by resolution of a House of the
10
Parliament during the 14 sitting days after it
is tabled under sub-section (1).
36. Incorporated material to be tabled
If any Code of Practice applies, adopts or
incorporates any matter under section 31(2)
15
or a variation of a Code of Practice varies a
Code of Practice so as to apply, adopt or
incorporate such matter in the Code of
Practice, the Minister must cause a copy of
that matter to be tabled before each House of
20
the Parliament as soon as is practicable after
the Code of Practice or variation is made and
notice of that making is published in the
Government Gazette.
37. How is a Code of Practice made?
25
(1) If a draft Code of Practice or any variation or
revocation of a Code of Practice is not
disallowed under section 35, the Minister
may make that Code of Practice or any
variation or revocation of a Code of Practice.
30
(2) On the making of a Code of Practice or any
variation or revocation of a Code of Practice
the Minister must cause to be published in
the Government Gazette notice of--
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Act No.
Part 12--Amendments to the Conservation, Forests and Lands Act 1987
s. 128
(a) the making of the Code of Practice or
any variation or revocation of a Code of
Practice; and
(b) in the case of the making of the Code of
Victorian Legislation Parliamentary Documents
Practice or any variation, the place
5
where copies of the Code of Practice
may be obtained.
(3) A Code of Practice or any variation or
revocation of a Code of Practice takes effect
on--
10
(a) the date that the notice under sub-
section (2) is published in the
Government Gazette; or
(b) a later date specified in the notice.
38. Availability of Code of Practice
15
A Code of Practice and any documents
incorporated in a Code of Practice must be
kept available for public inspection at--
(a) the principal office of the Department;
and
20
(b) major regional offices of the
Department.
39. Compliance with Codes of Practice
Compliance with a Code of Practice is not
required unless the Code of Practice is
25
incorporated in or adopted by--
(a) a relevant law; or
(b) a condition specified in an authority
given under a relevant law.
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Act No.
Part 12--Amendments to the Conservation, Forests and Lands Act 1987
s. 129
40. Incorporation of Codes of Practice by
regulation
(1) Any regulation made under this Act or any
of the Acts specified in Schedule 1 or any
Victorian Legislation Parliamentary Documents
Act administered by the Minister may
5
incorporate or adopt a Code of Practice made
in accordance with the objects or purposes of
this or that Act, including any documents
applied, incorporated or adopted by
reference in the Code of Practice.
10
(2) For the purposes of sub-section (1), a
regulation may incorporate or adopt a Code
of Practice--
(a) wholly or partly or as amended by the
regulation; or
15
(b) as existing at the time when the
regulation is made or at any time before
then; or
(c) as amended from time to time in
accordance with this Act.".
20
129. VicForests staff to be authorised officers
For section 83(1)(ab) of the Conservation,
Forests and Lands Act 1987 (where secondly
occurring) substitute--
"(ac) for the purposes of this Part, a specified
25
member of staff or a specified class of
members of staff of the Zoological Parks and
Gardens Board; or
(ad) a specified member of staff or a specified
class of members of staff of VicForests; or".
30
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Act No.
Part 12--Amendments to the Conservation, Forests and Lands Act 1987
s. 130
130. Section 95A amended
(1) In section 95A(2) of the Conservation, Forests
and Lands Act 1987--
Victorian Legislation Parliamentary Documents
(a) in paragraph (b), for "taking." substitute
"taking; or";
5
(b) after paragraph (b) insert--
"(c) the taking of timber resources from a
State forest; or
(d) an activity in a State forest associated
with the taking of timber resources.".
10
(2) For section 95A(3) of the Conservation, Forests
and Lands Act 1987 substitute--
'(3) In this section--
"Crown land" includes freehold land,
managed land and vested land within
15
the meaning of the Victorian
Plantations Corporation Act 1993;
"forest produce" has the same meaning as
it has in the Forests Act 1958;
"State forest" has the same meaning as it
20
has in the Forests Act 1958;
"timber resources" has the same meaning
as it has in the Sustainable Forests
(Timber) Act 2004.'.
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Act No.
Part 12--Amendments to the Conservation, Forests and Lands Act 1987
s. 131
131. New sections 121 and 122 inserted
After section 120 of the Conservation, Forests
and Lands Act 1987 insert--
Victorian Legislation Parliamentary Documents
"121. Saving of appointments of authorised
officers--Sustainable Forests (Timber)
5
Act 2004
The amendment of section 83(1) by the
Sustainable Forests (Timber) Act 2004
does not affect the appointment of any
authorised officer under that section and in
10
existence immediately before the
commencement of section 129 of that Act.
122. Codes of Practice--Sustainable Forests
(Timber) Act 2004
The Code of Forest Practices for Timber
15
Production--Revision No. 2 November 1996
and the Code of Practice for Fire
Management on Public Land, as made under
Part 5 and in force immediately before the
substitution of Part 5 by section 128 of the
20
Sustainable Forests (Timber) Act 2004 are
deemed, on and from that commencement to
have been made under Part 5 as substituted
by that Act and may be varied or revoked
accordingly.".
25
132. Relevant law
In Schedule 1 to the Conservation, Forests and
Lands Act 1987, after "Reference Areas Act
1978." insert "Sustainable Forests (Timber)
Act 2004.".
30
__________________
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Act No.
Part 13--Consequential Amendments to Other Acts and Transitional
s. 133
Provisions
PART 13--CONSEQUENTIAL AMENDMENTS TO OTHER
ACTS AND TRANSITIONAL PROVISIONS
Victorian Legislation Parliamentary Documents
Division 1--Consequential Amendments to Other Acts
133. Confiscation Act 1997
After item 9(c) of Schedule 1 to the Confiscation
5
Act 1997 insert--
"(d) sections 96A and 96B.".
134. Crown Land (Reserves) Act 1978
In section 20(1) of the Crown Land (Reserves)
Act 1978, omit "where used in reference to or in
10
connexion with or as to anything in any protected
forest".
135. Land Act 1958
In section 3(1) of the Land Act 1958, in the
definition of "forest produce", omit "(where used
15
in reference to or in connection with or as to
anything in a protected forest)".
136. National Parks Act 1975
In section 25B(3)(b) of the National Parks Act
1975, for ' "forest produce" from a protected forest
20
as defined by' substitute "it has in".
137. Planning and Environment Act 1987
In section 6(4A)(a) of the Planning and
Environment Act 1987--
(a) omit ", and the instrument of approval of
25
which has been ratified by Parliament,";
(b) for "section 55" substitute "section 39".
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Act No.
Part 13--Consequential Amendments to Other Acts and Transitional
s. 138
Provisions
138. Victorian Plantations Corporation Act 1993
(1) After section 15(6) of the Victorian Plantations
Corporation Act 1993 insert--
Victorian Legislation Parliamentary Documents
'(7) Despite the repeal of the definition of
"timber supply period" in the Forests Act
5
1958, sections 52A to 52F of that Act and
the Third Schedule to that Act by section 109
of the Sustainable Forests (Timber) Act
2004, for the purposes of this section, that
definition, those sections and that Schedule
10
continue to have effect as if they had not
been repealed.'.
(2) In section 23(1) of the Victorian Plantations
Corporation Act 1993 omit "57A,".
139. Redundant Acts repealed
15
The following Acts are repealed--
(a) the Wood Pulp Agreement Act 1936;
(b) the Forests (Pulpwood Agreement) Act
1959;
(c) the Forests (Wood Pulp Agreement) Act
20
1984.
Division 2--Transitional Provisions
140. General transitional provisions
(1) This Division does not affect or take away from
the Interpretation of Legislation Act 1984.
25
(2) If this Division provides that a provision of an Act
continues to apply to any matter or thing, then any
regulation or other instrument having effect under
that Act for the purposes of that provision also
continues to apply to that matter or thing.
30
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Act No.
Part 13--Consequential Amendments to Other Acts and Transitional
s. 141
Provisions
(3) If, by virtue of this Division, a provision of an Act
or a regulation or instrument continues to apply to
a matter or thing, it continues to apply as in force
immediately before the provision was repealed or
Victorian Legislation Parliamentary Documents
revoked.
5
(4) Subject to Part 4, this Division applies despite
anything to the contrary in any other provision of
this Act.
141. Forest operator's licences
(1) A forest operator's licence within the meaning of
10
the Timber Harvesting Regulations 2000 granted
under section 52 of the Forests Act 1958 and in
force immediately before the commencement of
Division 2 of Part 6 of this Act is deemed, on and
from that commencement--
15
(a) to be a timber harvesting operator's licence
issued under Division 2 of Part 6 for a period
which corresponds to the remaining period
of the forest operator's licence as in force
immediately before that commencement; and
20
(b) to be subject to the prescribed covenants,
terms and conditions specified in
regulation 9 of, and Schedule 3 to, the
Timber Harvesting Regulations 2000 as in
force immediately before that
25
commencement until--
(i) those conditions are amended or varied
in accordance with Division 2 of Part 6;
or
(ii) the licence expires--
30
whichever first occurs.
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Part 13--Consequential Amendments to Other Acts and Transitional
s. 141
Provisions
(2) Any demerit points accrued under the Timber
Harvesting Regulations 2000 in respect of a
licence referred to in sub-section (1) and any
suspension or cancellation in force at that
Victorian Legislation Parliamentary Documents
commencement--
5
(a) continue to apply in respect of that licence;
and
(b) must be recorded in the register established
under Division 2 of Part 6 accordingly.
__________________
10
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Act No.
Sch. 1
SCHEDULES
SCHEDULE 1
Victorian Legislation Parliamentary Documents
TRANSFERRED LICENCES (EAST)
Licence Number:
B000738
B000894
B000989
S000324
S000347
S000360
S000364
S000409
S000501
S000508
S000225
S000258
S000298
S000300
S000307
S000314
S000315
S000316
S000317
S000321
S000330
S000344
S000345
S000352
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Act No.
Sch. 1
Licence Number:
S000363
S000378
Victorian Legislation Parliamentary Documents
S000379
S000380
S000381
S000394
S000395
S000411
S000412
S000413
S000416
S000419
S000421
S000422
S000431
S000432
S000433
S000434
S000437
S000438
S000439
S000441
S000447
S000448
S000452
S000453
S000465
S000476
S000489
S000495
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Sustainable Forests (Timber) Act 2004
Act No.
Sch. 1
Licence Number:
S000500
S000518
Victorian Legislation Parliamentary Documents
S000519
S000570
__________________
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Act No.
Sch. 2
SCHEDULE 2
TRANSFERRED LICENCES (WEST)
Victorian Legislation Parliamentary Documents
Licence Number:
S000234
S000297
S000396
S000406
S000263
S000505
S000332
S000358
S000450
S000463
B000474
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Act No.
Endnotes
ENDNOTES
Victorian Legislation Parliamentary Documents
By Authority. Government Printer for the State of Victoria.
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