Victorian Consolidated Legislation

Forests Act 1958 - SECT 3

Definitions

3. Definitions



(1) In this Act, unless inconsistent with the context or subject-matter-

Act includes any regulation thereunder;

authorised officer means a person appointed as an authorised officer under the
Conservation, Forests and Lands Act 1987 for the purposes of this Act;

cattle includes bulls cows oxen heifers calves steers horses mares geldings
colts fillies asses mules pigs rams wethers ewes lambs goats and kids; Central
Plan Office means the Central Plan Office of the Department of Sustainability
and Environment;



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Department has the same meaning as in the
Conservation, Forests and Lands Act 1987;





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fire protected area means any land which is-

   (a)  within any State forest;

   (b)  within any national park;



   (c)  (unless excised pursuant to an Order under subsection (3) of this
        section or affected by a declaration made under subsection (4) of this
        section) within 1×5 kilometres of-

   (i)  any reserved forest or any area of unoccupied Crown land proclaimed as
        a protected forest pursuant to this Act or any corresponding previous
        enactment;

   (ii) any national park; or

   (iii) any protected public land;

   (d)  within any protected public land;

firewood includes parts of trees made up into bundles stacks cords or loads or
cut up in the manner in which it is usual to cut wood for burning and includes
refuse wood generally;

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forest produce means-

   (a)  all parts of trees or plants, including any parts below the ground;

   (b)  the products of trees or plants, whether or not those products have
        become separated from those trees or plants prior to being harvested
        and includes-

   (i)  honey;

   (ii) beeswax;

   (iii) oil distilled from any species of eucalypt;

   (iv) firewood collected for domestic use;

   (c)  stone, gravel, limestone, lime, salt, sand, loam, clay or brick-earth-
        but does not include-

   (d)  gold, silver, metals or minerals; or

   (e)  subject to any specific provision to the contrary, timber resources
        within the meaning of the Sustainable Forests (Timber) Act 2004;

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inflammable material includes any sawdust offcuts bark stubble scrub or timber
liable to be consumed by fire;

lease licence permit or authority means any lease licence permit or authority
respectively granted under any Act by the Governor in Council or any Minister
or under this Act by the Governor in Council or the Secretary or any person
authorized by the Governor in Council or the Secretary in that behalf;

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national park means land that is or is part of a park within the meaning of
the National Parks Act 1975;







prescribed means prescribed by this Act or any regulation thereunder;

prohibited period means-

   (a)  with respect to any State forest protected public land or national
        park-the whole year;

   (b)  with respect to any fire protected area other than a State forest
        protected public land or national park-a period declared by the
        Minister as hereinafter provided;

protected forest includes all unoccupied Crown land proclaimed as a protected
forest pursuant to this Act or any corresponding previous enactment and every
unused road and every water frontage as defined in the Land Act 1958;

protected public land means any lands of the Crown not being within a State
forest or a national park declared to be protected public land pursuant to the
provisions of subsection (1) of section 62 of this Act or deemed to be
protected public land pursuant to subsection (1A) of section 62;

regulations means regulations under this Act;

reserved forest means reserved forest within the meaning of subsection (1) of
section forty-two of this Act;

scrub includes trees bushes plants and undergrowth of all kinds and sizes
whether alive or dead and whether standing or not standing, and also includes
any part of any such trees bushes plants or undergrowth whether severed or not
severed;

Secretary means the body corporate established by Part 2 of the
Conservation, Forests and Lands Act 1987;

State forest or forest includes reserved forests and protected forests;

stubble includes stubble hay straw and herbage whether alive or dead and
whether standing or not standing;

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timber includes fallen trees felled trees and all wood whether sawn split hewn
or otherwise fashioned;

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tree or trees includes trees shrubs bushes seedlings saplings and reshoots
whether alive or dead; VicForests has the same meaning as it has in section 3
of the Conservation, Forests and Lands Act 1987;

Victorian Plantations Corporation has the same meaning as in the
Victorian Plantations Corporation Act 1993;



working plan means a detailed scheme for the control and regulation of the
working of a forest or any part thereof and for ensuring the maintenance of a
sustained yield of forest produce therefrom.

(2) The Minister may from time to time by notice published in the Government
Gazette declare any period to be a prohibited period in respect of any fire
protected area (other than a State forest protected public land or national
park) and, without affecting the generality of the foregoing, may from time to
time by notice so published declare different prohibited periods in respect of
different parts of any fire protected area (other than a State forest
protected public land or national park), and any declaration so made may
subsequently be revoked amended or varied by the Minister by notice so
published.

(3) The Governor in Council may on the joint recommendation of the Minister
and the Minister for Police and Emergency Services at any time by Order
published in the Government Gazette excise from any fire protected area the
whole or part of any urban fire districts proclaimed as such under the
Country Fire Authority Act 1958 or any corresponding previous enactment.

			(4)    (a)	The Minister after consultation with the Secretary-






   (i)  may from time to time by notice published in the Government Gazette
        declare that any land within 1×5 kilometres of any reserved forest or
        of any area of unoccupied Crown land proclaimed as a protected forest
        pursuant to this Act or any corresponding previous enactment or of any
        national park or of any protected public land shall not be a fire
        protected area; and

   (ii) may by notice so published revoke or from time to time amend or vary
        any declaration so made.





   (b)  No such declaration or revocation shall be made unless notice of the
        Minister's intention to make it has been given to the Minister for
        Police and Emergency Services not less than fourteen days before the
        making thereof and published in a newspaper circulating in the
        locality in which the land to be affected is situated.