Victorian Consolidated Legislation

Forests Act 1958 - SECT 79

Power to direct route for removal etc. of forest produce

79. Power to direct route for removal etc. of forest produce



(1) Any authorised officer may give directions regarding the route road or
track in or by which any forest produce or timber resources may be removed or
taken through any part of a forest whether by land or water.



(2) Any authorised officer or member of the police force may stop or detain
any forest produce or timber resources within the boundaries of any forest or
upon any Crown land or public highway.





(3) Where any authorised officer or member of the police force has reason to
believe that any forest produce or timber resources has been cut removed or
otherwise dealt with contrary to the provisions of this Act or the
Sustainable Forests (Timber) Act 2004 (as the case requires) he may seize the
same and place a distinctive brand thereon and such forest produce or timber
resources shall thereupon become and remain the property of the Crown unless
within one month from the date of seizure the Magistrates' Court orders to the
contrary and fixes the ownership. Where the Minister is of opinion that it is
desirable in the public interest to at once dispose of any forest produce or
timber resources so seized and branded he may so order without waiting for any
order of the court.



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(5) The onus of proof that any person found in possession of any forest
produce or timber resources is lawfully entitled thereto shall in all cases
lie on the defendant.





(6) Any person who-

   (a)  removes or takes any forest produce or timber resources through or
        from any forest contrary to any direction given under subsection (1)
        of this section; or

   (b)  without the authority in writing of an authorised officer removes or
        takes any forest produce or timber resources from any forest-

   (i)  after sunset or before sunrise on any day of the week other than
        Sunday; or

   (ii) at any time on Sunday- shall be guilty of an offence against this Act.

(7) In this section timber resources has the same meaning as it has in the
Sustainable Forests (Timber) Act 2004.