Victorian Consolidated Legislation

Forests Act 1958 - SECT 77

Prohibition of cutting etc. timber etc. on certain roads without authority of Secretary

77. Prohibition of cutting etc. timber etc. on certain roads without authority
of Secretary



(1) Subject to subsection (1A), notwithstanding anything in any Act or any
by-law local law lease licence permit right or authority thereunder (but, with
respect to freeways and arterial roads within the meaning of the
Road Management Act 2004, subject to the provisions of that Act) no person
shall without the authority in writing of the Secretary mark bark ringbark
sapring girdle fell cut split break or otherwise kill destroy damage or injure
or remove the whole or any part of any tree sapling shrub underwood or timber
in or upon so much of any road as passes through or is within any State forest
or is between and adjoining any State forests.

(1A) Subsection (1) does not apply to timber which is timber resources within
the meaning of the Sustainable Forests (Timber) Act 2004, if that timber is
harvested in accordance with that Act.

(2) The Secretary may grant any such authority in accordance with the
regulations and on payment of such fee as is prescribed.





(3) Every person who is guilty of any contravention of or failure to comply
with this section or any such regulation shall be liable to a penalty of not
more than 50 penalty units.



(4) Notwithstanding anything in this or any other Act (other than the
Road Management Act 2004) a municipal council shall have the control and
management of all trees saplings shrubs underwood and timber in or upon any
road (except so much of any road as passes through or is within any State
forest or is between and adjoining any State forests) under the care and
management of such council:

Provided that if a municipal council cuts or obtains any timber in or upon so
much of any such road as is on or adjoins any boundary of any State forest
(not being a road between and adjoining any State forests) such timber shall
be so cut or obtained and all debris resulting from the cutting or obtaining
of such timber shall be burnt or otherwise disposed of to the satisfaction of
the Secretary and at such time or times as the Secretary directs.

(5) Notwithstanding anything in this Act, for the purposes of construction of
or repairs to any road culvert or bridge, a municipal council may without
payment of any royalty fee due or charge cut or obtain timber in or upon so
much of any road under the care and management of such council as passes
through or is within any State forest or is between and adjoining any State
forests: Provided that all timber so cut or obtained shall be cut or obtained
and all debris resulting from the cutting or obtaining of such timber shall be
burnt or otherwise disposed of to the satisfaction of the Secretary and at
such time or times as the Secretary directs.

(6) The Secretary may for the purposes only of protecting any State forest
from fire cut and remove the whole or any part of any tree sapling shrub
underwood or timber in or upon so much of any road as is on or adjoins any
boundary of such State forest: Provided that nothing in this subsection shall
be deemed to restrict the powers of the Secretary with respect to any part of
any road which is between and adjoining any State forests.

(7) Subsections (5) and (6) are not subject to the Road Management Act 2004
and prevail over that Act to the extent of any inconsistency.