Victorian Consolidated Legislation

Forests Act 1958 - SECT 18A

Secretary to manage reserved land

18A. Secretary to manage reserved land





(1) Where any land temporarily or permanently reserved under section 4 of the
Crown Land (Reserves) Act 1978 is placed under the control and management of
the Secretary pursuant to section 18(1) of that Act the Secretary shall
control manage and use the land for the purposes for which it is reserved.

(1A) The Secretary must control, manage and use land placed under the control
and management of the Secretary under section 18(1B) of the
Crown Land (Reserves) Act 1978 for the purposes for which it is reserved.

(2) Subject to this section-

   (a)  the provisions of this Act, other than sections 42(6), 42(8), 47 and
        49; and









   (b)  any regulations applying to and in relation to reserved forests
        generally-

shall apply to and in relation to the land under the control and management of
the Secretary under subsection (1) as if the land were reserved forest.

(2A) Subject to this section-

   (a)  the provisions of-

   (i)  this Act, other than sections 42(6), 42(8), 47 and 49; and

   (ii) the Sustainable Forests (Timber) Act 2004, other than Part 3; and

   (iii) the Safety on Public Land Act 2004; and

   (b)  any regulations made under those provisions of those Acts and any
        regulations applying to and in relation to reserved forest generally-

apply to and in relation to the land to which subsection (1A) applies as if
the land were reserved forest and as if the land has been set aside and
declared to be a forest park under section 50.

(3) Section 51 applies to-

   (a)  any land to which subsection (1) applies as if section 51 authorises
        the granting of a lease for the use of a kiosk, cafe or store or for
        scientific research or for a ski tow but for no other purpose; and

   (b)  any land to which subsection (1A) applies as if section 51 authorises
        the granting of a lease for any purpose that is not detrimental to the
        purpose for which the land is reserved.





(3A) Section 52 applies to the land to which subsection (1A) applies as if
section 52 does not authorise the granting of a licence under section
52(1)(a)(iv), (v), (vi) or (vii) for the purposes of sawlog or pulpwood
production.

(3B) Section 21 applies to the land to which subsection (1A) applies as if
section 21 does not authorise the Secretary to exercise any of the Secretary's
powers under section 21(1)(a), (b), (c) or (d) for the purposes of sawlog or
pulpwood production.

(4) Notwithstanding subsections (1) and (2), where land is subject to a notice
pursuant to section 10(3) of the Land Conservation Act 1970 requiring that
effect be given to a recommendation of the Land Conservation Council the
Secretary may give effect to the recommendation even if the recommendation
conflicts with the purpose for which the land is reserved.