FORESTS ACT 1958

Victorian Consolidated Legislation

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FORESTS ACT 1958

No. 6254 of 1958
Version incorporating amendments as at 28 November 2007

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 Repealed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 Repealed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 Repealed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 Repealed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 Repealed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 Repealed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52A-52F Repealed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 Repealed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
__________________
SCHEDULE 1-Repeals
SCHEDULE 2-Reserved Forests
3, 4-Repealed
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details

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