Victorian Consolidated Legislation

Forests Act 1958 - SECT 99

Regulations

99. Regulations

The Governor in Council may make regulations not inconsistent with the
provisions of this Act for all or any of the following purposes, namely:

(1) Prescribing the form of leases licences permits or authorities and the
terms covenants and conditions under which such leases shall be granted or
cease and determine or such licences permits or authorities shall be issued
and cancelled or withdrawn and the mode of applying for any such lease licence
permit or authority;

(2) Prescribing the rate or amount of rentals royalties fees dues and charges
payable in respect of any lease or licence or for any permit or authority;

(3) Reserving any area of any reserved forest from the operation of any lease
licence permit or authority;

(4) Reserving from the operation of any lease or licence under this Act any
area of a reserved forest required for the agistment of draught cattle used by
any person holding a lease or licence or permit or authority under this Act;

(5) Prohibiting except under licence or permit the depasturing of cattle
within and the regulation of the passage of cattle through any reserved
forest;

(6) Prohibiting except under licence or permit the making of temporary
clearings for any description of cultivation;

(7) Regulating the temporary prohibition of grazing over specified areas of
reserved forests in order to preserve the young trees and seedlings growing on
such areas;

(8) Prescribing the mode in which any forest produce is to be branded or
marked, and the mode in which such brands, or marks may be registered with the
Secretary;



(9) Prescribing the kinds sizes and quantities of any forest produce which may
be cut or removed in or from any forest and prohibiting the removal of any
forest produce until branded by an authorised officer if so prescribed;

(10) Prescribing any acts which may not be done within a forest without a
lease or licence or permit or authority for the doing of such act;



(11) Prescribing such annual succession of areas over which timber cutting and
grazing rights may be exercised as shall be deemed most favourable for forest
conservation;

(12) Providing for the making of declarations or statements by licensees or
any other persons as to the quantity and description of timber and forest
produce obtained taken delivery of hauled removed hewn sawn or otherwise
treated or transported or consigned by road rail or water and as to the place
where any timber or forest produce was obtained and as to the place to which
any timber or forest produce is consigned;

(13) Regulating the burning off of inflammable material and the lighting and
use of fires and the use of any engine, boiler or other device or equipment
which is capable, in the course of its ordinary use, of igniting a fire,
within any fire protected area or any specified portion thereof;

(13A) Providing for and regulating the giving by authorised officers of
written authority to light fires in any fire protected area or any part
thereof and prescribing the circumstances in which such authority may be
given;

(13B) Prescribing conditions to be specified in any written authority to light
a fire and authorizing authorised officers to specify conditions therein at
their discretion;





(13C) Prohibiting the lighting or maintaining of fires in any fire protected
area or any part thereof without the written authority of an authorised
officer;





(13D) The extinguishment of fires lit kindled maintained or used in a fire
protected area;



(14) Regulating the establishment of Government timber depots, the terms and
conditions for the use of same;

(15) Regulating traffic through reserved forests, and the prevention of
trespass on or in any portion of a State forest which is fenced and providing
for the safety and protection of roads tracks and tramways constructed or
maintained by the Secretary, and the operation of vehicles and the
transportation of timber, including timber resources within the meaning of the
Sustainable Forests (Timber) Act 2004, sand stone gravel and other materials
thereon;

(16) Regulating camping and the establishment and conduct of recreation
grounds and camping areas in State forests and prescribing the conditions on
which the same may be used by persons;

(17) The-

   (a)  measures (including the clearing of land and the burning of
        inflammable material) to be taken or carried out;

   (b)  facilities equipment apparatus or other things to be provided- in fire
        protected areas for the prevention and suppression of fire or the
        protection of life and property from fire;

(17A) The maintenance of works facilities equipment apparatus and other things
constructed or provided pursuant to the Act or the regulations in fire
protected areas for the prevention and suppression of fire or the protection
of life and property from fire;



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(18) Prescribing the terms and conditions under which persons may be appointed
as trainees and the positions to which trainees may be appointed and
regulating the training of persons so appointed;

(19) The establishment of a board of forestry education and the organisation
of a system of education and training in scientific forestry and prescribing
and regulating the powers and functions of the Board and the Secretary in
connexion with that system;



(19A) Prescribing the fees which members of the board of forestry education
who are not engaged in full time employment as officers of the Crown or the
public service or as members or officers of any public statutory corporation
shall be entitled to receive;

(19B) Prescribing the fees to be paid by persons entering upon or pursuing any
course of training or entering for any examination or for any certificate or
diploma;



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(20) The protection of trees in Crown lands reserved under the
Crown Land (Reserves) Act 1978 from sale permanently for the purposes of
public parks or gardens or for the recreation convenience and amusement of the
people and vested in trustees and whether there is a committee of management
of such lands or not; and regulating or prohibiting the cutting or removal of
such trees and other forest produce;

(21) Prescribing such annual cutting sections as are deemed necessary under a
working plan;

(22) Prescribing the procedure for the sale by auction or by tender of rights
to leases licences or permits or of forest produce and enabling upset prices
or minimum royalties dues or charges to be fixed;

(23) Prescribing the fees or deposits to be paid with any application or
tender;





(24) Providing for the inspecting of timber and other forest produce for
export and for local use, and prescribing the forms and certificates to be
used, the fees to be paid and the brands or marks to be used;

(25) Prescribing rules for the grading of timber for export and for local use;

(26) Regulating the export of prescribed species of timber or other forest
produce;

(26A) Prescribing standards for the treatment by preservative of timber
(whether grown in Victoria or not) which is sold or offered for sale in
Victoria;

(26B) Prohibiting the sale or offering for sale as timber treated with
preservative any timber which has not been treated with preservative or which
has not been treated in accordance with the prescribed standards or
regulations with respect thereto;



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(28) Providing for the keeping by the Secretary of a register of the names
addresses and occupations of all persons engaged or employed in any industry
in any State forest;



(29) Regulating or prohibiting the carrying or use of dangerous matches and
fire-arms in State forests and national parks, and subject to the provisions
of the Transport Act 1983 and the Road Management Act 2004 the use of steam
engine locomotives and traction engines in State forests and national parks,
and generally for the protection of State forests and national parks from
damage by fire;

(30) Regulating or prohibiting the destruction shooting hunting pursuing or
snaring of animals or birds in any reserved forest;

(31) Prescribing either generally or particularly penalties not exceeding 50
penalty units for breaches of any regulations;



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(33) Prescribing any matters required or permitted or necessary or expedient
to be prescribed for carrying this Act into effect, and generally for carrying
into effect the objects of this Act.

For the purposes of this section the expression dangerous matches means any
matches other than those so made as to strike only on a preparation affixed to
the containing box or to a box containing the same description of matches.