Victorian Consolidated Legislation

FORESTS ACT 1958

No. 6254 of 1958
Version incorporating amendments as at 6 August 2009

TABLE OF PROVISIONS

           Section Page
   1.      Short title and commencement
   2.      Repeals and savings
   3.      Definitions
   3A.     Application of Road Management Act 2004.
           Department of Conservation, Forests and Lands
   4.      Forest produce is property of the Crown
   5.      Business of the Secretary
   6.      Minister or Secretary not to control mining
   7.      Restriction on cutting or removing timber or forest produce
   8.      Power to Governor in Council to except certain areas from occupation under leases, licences etc.
           9-17. Repealed
           Powers and duties of the Secretary
   18.     General powers of Secretary
   18A.    Secretary to manage reserved land
   19.     Power to place forest produce on catchment areas under control of Secretary
   20.     Other powers and duties of Secretary
   21.     Special powers of Secretary
   22.     Working plans for State forests
           23-26. Repealed
   26A.    Power to establish board of forestry education
   26B.    Conduct of forestry schools and sharing of facilities
   27.     Repealed
   27A.    Employment of persons who are not public servants
           28-37. Repealed
           Purchase or taking of lands
   38.     Power to acquire compulsorily land for certain forest purposes
           38A, 39. Repealed
           Naming &c., Victorian timber &c.
   40.     Power to make regulations as to classification grading and naming of Victorian timbers etc.
           State forests
   41.     State forest reserves not to be dealt with under Land Act 1958.
   42.     Reserved forests
           43, 44. Repealed
   45.     Future dedication of Crown land as reserved forests
   46.     Notice of intention to dedicate
   47.     Power to acquire land for forests
   48.     Power to acquire private land for forests
   49.     Excisions from reserved forest
   50.     Power to declare land in reserved forests to be a forest park etc.
   50A.    Secretary may accept gift of certain lands subject to conditions
           Leases and licences
   51.     Leases of land in reserved forests
   52.     Licences and permits with respect to forests
   52AA.   No compensation payable or proceedings able to be taken
           52A-52F Repealed
   53.     Power to submit certain leases licences or permits to auction
           or tender
   54.     Lease etc. with respect to timber to contain condition as to insurance against loss by fire
   55.     No compensation for improvements
   56.     Dealing with interest in leased land
   57.     Restriction of rights of lessees and licensees
   57A.    Repealed
   57B.    Lease of land to a generation company
   57C.    Issue of licences over land to a generation company
   57D.    Agreement with electricity company-reserved forest
           Protected forests
   58.     Proclamation of protected forests
   59.     Protected trees in protected forests
   60.     Reserved trees in protected forests
   61.     Penalty for cutting reserved trees
           Prevention of and protection from fire
   62.     Declaration of protected public lands
   62A.    Secretary may apply and use fire for land and resource management
   62B.    Agreement required for Secretary to apply or use fire in
           national parks or on protected public land
   62C.    Secretary may enter into agreements and arrangements relating to the prevention and suppression of fires
   63.     Restrictions as to lighting etc. fires in certain areas
   64.     Absolute prohibition of use of fire when acute fire danger
           exists
   65.     Enforcement of burning off etc. near State forest or national
           park
   66.     Placing inflammable material for the purpose of causing
           fire etc.
   67.     Duty to prevent spread of fire etc.
   68.     Secretary may carry out clearing and preventive burning
   69.     Repealed
   70.     Provisions relating to offences against fire prevention
           provisions
   71.     Liability of Secretary for damage caused by fire
   72.     Repealed
           Maps
   73.     Deposit of maps showing alterations in forests
           General
   74.     Power for Magistrates' Court to order removal of unauthorized buildings etc. in reserved forest
   75.     Production of licence etc. on demand
   76.     As to injuring trees on Crown lands the subject of a grazing licence
   77.     Prohibition of cutting etc. timber etc. on certain roads without authority of Secretary
   78.     Power of authorised officer
   79.     Power to direct route for removal etc. of forest produce
   80.     Payment of dues and charges
   81.     Unbranded forest produce to be deemed to belong to Crown
   82.     Presumption as to ownership of forest produce
   83.     Search warrant for secreted forest produce
   84.     Restriction on dealings by authorised officers
   85.     Agistment fees chargeable for cattle in reserved forest
           86, 87. Repealed
   88.     Penalty for unauthorised occupation or depasturing on reserved forests
   89.     Unbranded wild cattle to belong to Crown
   90.     Repealed
   91.     Plantations for Government schools
   92.     Management of Government school plantation
   93.     Repealed
   94.     Returns by saw-millers
           94A, 94B Repealed
   95.     Powers of entry by authorized officers etc.
   95A.    Requirement to give name and address
   95B.    Authorised officers must identify themselves
   95C.    Power to remove abandoned goods
   95D.    Owner to be sought and goods returned
   95E.    What if goods are not collected or claimed?
   95F.    Power to seize items
   95G.    Return of seized items
   95H.    Recovery of seized item and compensation
   95I.    Forfeiture to Crown
   95J.    Court may order forfeiture to the Crown
   96.     Offences
   96A.    Offence to hinder or obstruct an authorised officer
   96B.    Offence to threaten or abuse an authorised officer
   97.     General penalty for offence against Act
   98.     Limitation of Supreme Court's jurisdiction-Sustainable
           Forests (Timber) Act 2004.
           Regulations
   99.     Regulations
   99A.    Regulation-making powers
   100.    Power to make regulations as to eradication etc. of tree pests, diseases in timber etc.
           Transitional provisions
   101.    Continuation of licences and leases-2005 Act
   102.    Once only harvesting of pines in Otway Forest Park
   103.    Transitional provision-Statute Law Amendment (Charter
           of Human Rights and Responsibilities) Act 2009.
           __________________
           SCHEDULE 1-Repeals
           SCHEDULE 2-Reserved Forests
           3, 4-Repealed
           ---------------
           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details