FORESTS ACT 1958 - SECT 3 Definitions
FORESTS ACT 1958 - SECT 3
Definitions(1) In this Act, unless inconsistent with the context or subject-matter—
S. 3(1) def. of accepted recom-mendation inserted by No. 19/2018 s. 103(a).
"accepted recommendation" means—
(a) in relation to a report under
section 23 or 26E of the Victorian Environmental Assessment Council Act 2001
—
(i) the most recent Government response to the report published under section 25(4) or 26G(4) of that Act (if any); or
(ii) if such a Government response has been amended by an amendment published under section 26(5) or 26H(5) of that Act, that most recent response as amended; or
(b) if there is no response to which paragraph (a)(i) or (ii) applies, the most recent (if any) relevant recommendation of the Land Conservation Council under section 5(1) of the Land Conservation Act 1970 (as in force immediately before its repeal) applying to the land, of which notice has been given by the Governor in Council under section 10(3) of that Act (as so in force);
"Act" includes any regulation thereunder;
S. 3(1) def. of applicable work program inserted by No. 73/2010 s. 48, amended by No. 73/2013 s. 85(a).
"applicable work program" means a work program (within the meaning of the Emergency Management Act 2013 ) that applies to the Secretary;
S. 3(1) def. of appointed land inserted by No. 62/2010 s. 115(1).
appointed land , in relation to a Traditional Owner Land Management Board, has the same meaning as in the Conservation, Forests and Lands Act 1987 ;
S. 3(1) def. of approved Great Ocean Road strategic framework plan inserted by No. 19/2020 s. 89.
"approved" Great Ocean Road strategic framework plan has the same meaning as in the Great Ocean Road and Environs Protection Act 2020 ;
S. 3(1) def. of authorised officer inserted by No. 41/1987 s. 103(Sch. 4 item 24.1), substituted by No. 68/2016 s. 166.
"authorised officer "means a person appointed as an authorised officer for the purposes of this Act under—
(a) Part 9 of the Conservation, Forests and Lands Act 1987 ; or
(b) Part 3 of the Victorian Fisheries Authority Act 2016 ;
S. 3(1) def. of bee site licence area inserted by No. 12/2016 s. 20.
"bee site licence area" has the same meaning as it has in the Land Act 1958 ;
S. 3(1) def. of bee site licensee inserted by No. 12/2016 s. 20.
"bee site licensee" has the same meaning as it has in the Land Act 1958 ;
S. 3(1) def. of campfire or barbeque inserted by No. 82/2009 s. 33.
"campfire or barbeque" means a fire lit or kindled for the purpose of preparing meals or providing personal comfort, and includes a fire lit or kindled in an appliance designed and manufactured for cooking or heating;
"cattle" includes bulls cows oxen heifers calves steers horses mares geldings colts fillies asses mules pigs rams wethers ewes lambs goats and kids;
S. 3(1) def. of Central Plan Office inserted by No. 60/2005 s. 34, amended by No. 70/2013 s. 4(Sch. 2 item 20.1), repealed by No. 53/2017 s. 76.
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S. 3(1) def. of Chairman repealed by No. 41/1987 s. 103(Sch. 4 item 24.3).
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S. 3(1) def. of Chief Administrator inserted by No. 41/1987
s. 103(Sch. 4 item 24.2), repealed by No.
76/1998
s. 10(1)(a)(i).
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S. 3(1) def. of Chief Fire Officer inserted by No. 73/2010 s. 48.
"Chief Fire Officer" means the person employed under section 61A;
S. 3(1) defs of Commission and Commis-sioner repealed by No. 41/1987 s. 103(Sch. 4 item 24.3).
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S. 3(1) def. of declared area inserted by No. 17/2018 s. 13.
"declared area" has the same meaning as in the Planning and Environment Act 1987 ;
S. 3(1) def. of Department amended by No. 10087 s. 3(1)(Sch. 1 item 73(a)), substituted by No. 41/1987 s. 103(Sch. 4 item 24.4).
"Department" has the same meaning as in the Conservation, Forests and Lands Act 1987 ;
S. 3(1) def. of Director-General inserted by No. 41/1987
s. 103(Sch. 4 item 24.5), repealed by No.
76/1998
s. 10(1)(a)(i).
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S. 3(1) def. of Emergency Management Commis-sioner inserted by No. 73/2013 s. 85(b).
"Emergency Management Commissioner" has the same meaning as it has in section 3 of the Emergency Management Act 2013 ;
S. 3(1) def. of fallen or felled trees inserted by No. 46/2012 s. 3(a).
"fallen or felled trees "includes parts of fallen or felled trees;
S. 3(1) def. of film friendly principles inserted by No. 51/2014 s. 9(Sch. 2 item 4.1).
"film friendly principles" has the same meaning as in the Filming Approval Act 2014 ;
S. 3(1) def. of film permit inserted by No. 51/2014 s. 9(Sch. 2 item 4.1).
"film permit" has the same meaning as in the Filming Approval Act 2014 ;
S. 3(1) def. of fire protected area amended by No. 6976
s. 2(1)(c),
S.R. No. 258/1974 reg. 3, Nos 8587
s. 2(1)(a)(i)(ii), 57/1995 s. 46.
"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;
S. 3(1) def. of Fire Rescue Victoria inserted by No. 46/2021 s. 4.
"Fire Rescue Victoria" has the same meaning as in section 3(1) of the Fire Rescue Victoria Act 1958 ;
S. 3(1) def. of fire services agency inserted by No. 73/2010 s. 48, amended by No. 73/2013 s. 85(d).
"fire services agency" has the same meaning as in the Emergency Management Act 2013 ;
S. 3(1) def. of Fire Services Commis-sioner inserted by No. 73/2010 s. 48, repealed by No. 73/2013 s. 85(c).
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S. 3(1) def. of fire services reform action plan inserted by No. 73/2010 s. 48, repealed by No. 73/2013 s. 85(c).
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"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;
S. 3(1) def. of firewood collection area inserted by No. 46/2012 s. 3(a).
"firewood collection area "means an area of State forest determined by the Secretary in accordance with section 57U to be a firewood collection area;
S. 3(1) def. of firewood collection season inserted by No. 46/2012 s. 3(a).
"firewood collection season", in relation to a firewood collection area, means—
(a) a period referred to in section 57S if the period has not been varied under section 57T; or
(b) if the period referred to in section 57S has been varied under section 57T, the period as so varied;
S. 3(1) def. of forest management
area
inserted by No. 82/1990 s. 3(a), amended by No.
76/1998
s. 10(1)(a)(iii), repealed by No. 48/2004 s. 109(a).
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S. 3(1) def. of forest officer repealed by No. 41/1987 s 103(Sch 4 item 24.6).
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S. 3(1) def. of forest produce amended by No. 6976 s. 2(1)(a), substituted by No. 48/2004 s. 97(2)(a), amended by No. 46/2012 s. 3(b).
"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;
(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 ;
S. 3(1) def. of forest produce amended by No. 6976 s. 2(1)(b), repealed by No. 48/2004 s. 97(2)(b).
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S. 3(1) def. of Great Ocean Road coast and parks inserted by No. 19/2020 s. 89.
"Great Ocean Road coast and parks" has the same meaning as in the Great Ocean Road and Environs Protection Act 2020 ;
S. 3(1) def. of Great Ocean Road Coast and Parks Authority inserted by No. 19/2020 s. 89.
"Great Ocean Road Coast and Parks Authority" means the Authority established under Part 5 of the Great Ocean Road and Environs Protection Act 2020 ;
S. 3(1) def. of Great Ocean Road coast and parks protection principles inserted by No. 19/2020 s. 89.
Great Ocean Road coast and parks protection principles has the same meaning as in the Great Ocean Road and Environs Protection Act 2020 ;
S. 3(1) def. of Great Ocean Road region inserted by No. 19/2020 s. 89.
"Great Ocean Road region" has the same meaning as in the Great Ocean Road and Environs Protection Act 2020 ;
S. 3(1) def. of Great Ocean Road scenic landscapes area inserted by No. 19/2020 s. 89.
"Great Ocean Road scenic landscapes area" has the same meaning as in the Great Ocean Road and Environs Protection Act 2020 ;
S. 3(1) def. of hardwood sawlog inserted by No. 82/1990 s. 3(b),
amended by No.
76/1998
s. 10(1)(a)(iv), repealed by No. 48/2004 s. 109(a).
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S. 3(1) def. of hardwood sawlog supply level inserted by No. 82/1990 s. 3(b), repealed by No. 48/2004 s. 109(a).
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S. 3(1) def. of incident management operating procedures inserted by No. 73/2010 s. 48, substituted by No. 73/2013 s. 85(e).
"incident management operating procedures" has the same meaning as it has in section 3 of the Emergency Management Act 2013 ;
"inflammable material" includes any sawdust offcuts bark stubble scrub or timber liable to be consumed by fire;
S. 3(1) def. of Inspector-General for Emergency Management inserted by No. 73/2013 s. 85(b).
Inspector-General for Emergency Management has the same meaning as it has in section 3 of the Emergency Management Act 2013 ;
S. 3(1) def. of joint management plan inserted by No. 62/2010 s. 115(1).
joint management plan has the same meaning as in the Conservation, Forests and Lands Act 1987 ;
S. 3(1) def. of land manager inserted by No. 19/2018 s. 103(a), amended by No. 42/2021 s. 62.
"land manager" means—
(a) for land that is Parks Victoria recorded land, Parks Victoria; or
(ab) for land that is controlled and managed by the Great Ocean Road Coast and Parks Authority, the Great Ocean Road Coast and Parks Authority; or
(b) for all other land, the Secretary;
S. 3(1) defs of lease licence permit or authority amended by Nos 41/1987
s. 103(Sch. 4
item 24.7), 76/1998
s. 10(1)(a)(iv), 19/2018 s. 103(b).
"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, the Minister or the land manager or any person authorized by the Governor in Council, the Minister or the land manager in that behalf;
S. 3(1) def. of liquid fuel, gaseous fuel or chemical solid fuel inserted by No. 82/2009 s. 33.
"liquid fuel, gaseous fuel or chemical solid fuel" includes any manufactured fuel which can be ignited;
S. 3(1) defs of Minister and Minister of Lands repealed by No. 10087 s. 3(1)(Sch. 1 item 73(b)).
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S. 3(1) def. of national park amended by No. 6976 s. 2(1)(d), substituted by No. 7065 s. 2(Sch.), amended by No. 8210 s. 13, substituted by No. 8702 s. 55(4).
"national park" means land that is or is part of a park within the meaning of the National Parks Act 1975 ;
S. 3(1) def. of Parks Victoria inserted by No. 19/2018 s. 103(a).
"Parks Victoria" has the same meaning as in the Parks Victoria Act 2018 ;
S. 3(1) def. of Parks Victoria recorded land inserted by No. 19/2018 s. 103(a).
"Parks Victoria recorded land" has the same meaning as in the Conservation, Forests and Lands Act 1987 ;
S. 3(1) def. of police officer inserted by No. 37/2014 s. 10(Sch. item 67.1).
"police officer" has the same meaning as in the Victoria Police Act 2013 ;
"prescribed" means prescribed by this Act or any regulation thereunder;
S. 3(1) def. of prohibited period amended by Nos 6976 s. 2(1)(e), 8587 s. 2(1)(b).
"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;
S. 3(1) def. of protected forest amended by Nos 6794 s. 5, 96/1994 s. 55(a).
"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 ;
S. 3(1) def. of protected public land inserted by No. 8587 s. 2(1)(c), amended by Nos 9114 s. 22(a), 61/1993 s. 34(a), 35/1998 s. 15(1).
"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;
S. 3(1) def. of reserved forest substituted by No. 6976 s. 2(1)(f).
"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;
S. 3(1) def. of Secretary inserted by
No. 76/1998
s. 10(1)(a)(ii).
"Secretary" means the body corporate established by Part 2 of the Conservation, Forests and Lands Act 1987 ;
S. 3(1) def. of solid fuel inserted by No. 82/2009 s. 33.
"solid" fuel includes—
(a) vegetation, wood, coal, coke;
(b) manufactured solid combustible material made from vegetation, wood, coal or coke, including but not limited to, paper, cardboard, sawdust or coal or coke by-products;
S. 3(1) def. of State Crisis and Resilience Council inserted by No. 73/2013 s. 85(b).
"State Crisis and Resilience Council" has the same meaning as it has in section 3 of the Emergency Management Act 2013 ;
"State forest" or forest includes reserved forests and protected forests;
S. 3(1) def. of Statement of Planning Policy inserted by No. 17/2018 s. 13.
"Statement of Planning Policy" has the same meaning as in the Planning and Environment Act 1987 ;
S. 3(1) def. of Strategic Action Plan inserted by No. 73/2013 s. 85(b).
"Strategic Action Plan" has the same meaning as it has in section 3 of the Emergency Management Act 2013 ;
"stubble" includes stubble hay straw and herbage whether alive or dead and whether standing or not standing;
S. 3(1) def. of sustainable yield rate inserted by No. 82/1990 s. 3(c), repealed by No. 48/2004 s. 109(a).
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"timber" includes fallen trees felled trees and all wood whether sawn split hewn or otherwise fashioned;
S. 3(1) def. of timber supply period inserted by No. 82/1990 s. 3(d), repealed by No. 48/2004 s. 109(a).
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S. 3(1) def. of tour operator licence inserted by No. 40/2009 s. 18.
"tour operator licence "means a licence granted under section 57F.
S. 3(1) def. of traditional owner group entity inserted by No. 62/2010 s. 115(1), amended as traditional owner group by No. 4/2013 s. 33(1).
"traditional owner group "has the same meaning as in the Traditional Owner Settlement Act 2010 ;
S. 3(1) def. of Traditional Owner Land Management Board inserted by No. 62/2010 s. 115(1).
"Traditional Owner Land Management Board" has the same meaning as in the Conservation, Forests and Lands Act 1987 ;
"tree" or trees includes trees shrubs bushes seedlings saplings and reshoots whether alive or dead;
S. 3(1) def. of VicForests inserted by No. 48/2004 s. 97(1).
"VicForests" has the same meaning as it has in section 3 of the Conservation, Forests and Lands Act 1987 ;
S. 3(1) def. of Victorian Plantations Corporation inserted by No. 61/1993 s. 34(b).
"Victorian Plantations Corporation" has the same meaning as in the Victorian Plantations Corporation Act 1993 ;
S. 3(1) def. of working plan amended by No. 49/2017 s. 76(1).
"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;
S. 3(1) def. of Yarra protection principles inserted by No. 49/2017 s. 76(2).
"Yarra protection principles" has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017 ;
S. 3(1) def. of Yarra River land inserted by No. 49/2017 s. 76(2).
"Yarra River land" has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017 ;
S. 3(1) def. of Yarra Strategic Plan inserted by No. 49/2017 s. 76(2).
"Yarra Strategic Plan" has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017 ;
S. 3(1) def. of Yarra Strategic Plan area inserted by No. 49/2017 s. 76(2).
"Yarra Strategic Plan area" has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017 .
S. 3(2) amended by Nos 6976 s. 2(2), 8587 s. 2(2).
(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.
S. 3(3) amended by Nos 9417 s. 2, 10087 s. 3(1) (Sch. 1 item 74).
(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.
S. 3(4)(a) inserted by No. 6976 s. 2(3), amended by Nos 41/1987
s. 103(Sch. 4 item 24.8),
76/1998
s. 10(1)(b).
(4) (a) The Minister after consultation with the Secretary—
S. 3(4)(a)(i) amended by S.R. No. 258/1974 reg. 4, No. 8587 s. 2(3).
(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.
S. 3(4)(b) amended by No. 9417 s. 2.
(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.
Note to s. 3 inserted by No. 62/2010 s. 115(2).
Note
Land under this Act may be the subject of a land use activity agreement within the meaning of Part 4 of the Traditional Owner Settlement Act 2010 .
S. 3A inserted by No. 12/2004 s. 157.