Victorian Consolidated Legislation

Forests Act 1958 - SECT 42

Reserved forests

42. Reserved forests



(1) Subject to any adjustment of boundaries made as hereinafter provided and
subject to any excision made under any repealed Act or enactment-

   (a)  all unoccupied Crown land within the areas mentioned in the Second
        Schedule to this Act;

   (b)  all land dedicated as permanent forests or as timber reserves before
        the commencement of the Forests (Further Amendment) Act 1962 pursuant
        to any enactment repealed by that Act or any corresponding previous
        enactment; and

   (c)  all land dedicated pursuant to this Act after the said commencement as
        reserved forests-

shall be reserved forests.

(2) A reserved forest or any part thereof shall not be alienated either wholly
or in part for any estate in fee simple or for any lesser estate save as
hereinafter expressly provided.

(3) Every conveyance and alienation of a reserved forest or any part thereof
in contravention of this section shall be absolutely void as well as against
Her Majesty as against all other persons whomsoever.

(4) Subject to subsection (4A), except under and pursuant to this Act no lease
or licence or permit or authority (other than for carrying out exploration or
mining within the meaning of the
Mineral Resources (Sustainable Development) Act 1990) shall be granted or
issued over or in respect of any reserved forest.



(4A) Nothing in subsection (4) prevents an allocation order under the
Sustainable Forests (Timber) Act 2004 being made in respect of a reserved
forest.

(5) For the purposes of this and the next succeeding section Crown land shall
be deemed to be unoccupied notwithstanding that a grazing licence or an
agricultural licence has either before or after the commencement of this Act
been granted by the Governor in Council or the Minister in respect of the
whole or any part thereof.

(6) The Governor in Council may at any time on the joint recommendation of the
Minister and the Minister administering the
Extractive Industries Development Act 1995 excise either temporarily or
permanently from any reserved forest any portion thereof which is required for
public use as mineral or medicinal springs, or for reservation for visitors to
any waterfalls, caves, or places of natural beauty or interest or as health
resorts or for sites for townships or for State schools, or for providing
roads and means of access thereto or for irrigation purposes or water supply
purposes. Any land so excised for water supply purposes may be vested by the
Governor in Council (subject to such terms conditions and reservations as he
may think fit) in any Authority under the Water Act 1989.

(7) No Order in Council may be made under the preceding subsection until a
copy of such proposed order has been published in the Government Gazette and
been laid before Parliament for at least one month, and until a copy of such
proposed order has been forwarded to each member of Parliament.

(8) Notwithstanding anything in this section the Governor in Council may
acquire by exchange of land dedicated as a reserved forest-

   (a)  any alienated land or any Crown land licensed or leased with an
        inchoate right of purchase; or

   (b)  any land, public or private, and whether vested in trustees or
        otherwise-

and may execute the proper conveyances accordingly, and may by Order published
in the Government Gazette dedicate the land as a reserved forest but no Order
in Council for the acquisition by exchange of any Crown land licensed or
leased with an inchoate right of purchase shall be made unless on the
recommendation of the Secretary.

(9) For the purposes of this and the next succeeding section and of dedication
of areas of unoccupied mountainous Crown lands pursuant to this Act, Crown
land shall be deemed to be unoccupied notwithstanding that-

   (a)  (whether before or after the commencement of this Act) such land or
        any part thereof has been under the Mines Act 1958 or any
        corresponding previous enactment or under Division eleven of Part I of
        the Land Act 1958 or any corresponding previous enactment-

   (i)  registered or granted as a residence area; or

   (ii) occupied as a residence area or under a business licence; or

   (b)  after the commencement of the Forests Act 1907 a lease or licence of
        or a permit in respect of such land or any part thereof has been
        granted pursuant to section fifty-one or section fifty-two of this Act
        or any corresponding previous enactment.



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