Victorian Consolidated Legislation

Forests Act 1958 - SECT 100

Power to make regulations as to eradication etc. of tree pests, diseases in timber etc.

100. Power to make regulations as to eradication etc. of tree pests, diseases
in timber etc.



(1) The Governor in Council may make regulations for or with respect to-

   (a)  securing-

   (i)  the treatment of diseased trees;

   (ii) the eradication of diseases of trees;

   (iii) the treatment of timber affected with disease;

   (iv) the prevention and eradication of diseases in timber- whether any such
        trees are or any such timber is upon or in any State forest or
        wherever situate in Victoria;

   (b)  prescribing penalties (not exceeding 9 penalty units in any case) for
        the breach of any regulation under this section; and

   (c)  generally, prescribing all matters and things necessary or convenient
        to be prescribed for carrying into effect the purposes of this
        section.

(2) In this section unless inconsistent with the context or subject-matter-

disease means any disorder affecting trees or timber and which on the
recommendation of the Secretary the Governor in Council from time to time by
proclamation in the Government Gazette declares to be a disease within the
meaning of this section and whether or not caused by or consisting of the
presence of insects or fungus;

diseased means affected with disease;

fungus means any fungus or any tree parasite or timber parasite whatever which
on the recommendation of the Secretary the Governor in Council from time to
time by proclamation in the Government Gazette declares to be a fungus within
the meaning of this section;

insect means any insect whatever which on the recommendation of the Secretary
the Governor in Council from time to time by proclamation in the Government
Gazette declares to be an insect within the meaning of this section, and
includes any such insect in whatever stage of existence the same may be and
any eggs of any such insect;

timber includes any timber imported into Victoria;

tree means any tree (within the meaning of this Act) of any genus species or
variety usually growing in a forest, and includes every part of such a tree.

(3) This section shall be read and construed as in aid of and not in
derogation from the provisions of the Catchment and Land Protection Act 1994
or of the Plant Health and Plant Products Act 1995 or of any other enactment
relating to the subject-matter hereof.









Transitional provisions