Victorian Consolidated Legislation

Forests Act 1958 - SECT 80

Payment of dues and charges

80. Payment of dues and charges





(1) All forest produce cut or obtained in a forest upon which under the
provisions of this Act any royalties dues or charges are payable shall until
the payment thereof remain the property of the Crown and may be seized and
detained or removed by any authorised officer or member of the police force
until such royalties dues and charges have been paid, and in default of
payment within ten days of the seizure may by direction of the Minister be
disposed of or destroyed.

(2) Where forest produce which was cut by or on behalf of a person being the
holder of any lease licence permit or authority under this Act is sold by
direction of the Minister pursuant to subsection (1) of this section the
Secretary shall, after deducting therefrom all royalties dues and charges
owing by that person to the Secretary in respect of that or any other forest
produce and the costs of seizing detaining removing and selling that forest
produce, pay the proceeds of the sale to that person.

(3) This section applies to timber resources within the meaning of the
Sustainable Forests (Timber) Act 2004 used to supply managed licences within
the meaning of that Act as if-

   (a)  a reference to forest produce were a reference to timber resources
        within the meaning of that Act; and

   (b)  a reference to the Secretary or the Crown were a reference to
        VicForests; and

   (c)  a reference to the Minister were a reference to the Minister for
        Agriculture within the meaning of that Act; and

   (d)  a reference to this Act were a reference to the
        Sustainable Forests (Timber) Act 2004.

(4) If a provision of the Sustainable Forests (Timber) Act 2004 is
inconsistent with this section as applied by subsection (3), the provision of
the Sustainable Forests (Timber) Act 2004 prevails.