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SUSTAINABLE FORESTS (TIMBER) ACT 2004

Table of Provisions

PART 1--PRELIMINARY

  • 1 Purposes  
  • 2 Commencement  
  • 3 Definitions  
  • 4 Act binds the Crown  

PART 2--SUSTAINABLE FOREST MANAGEMENT

  • 5 Principles of ecologically sustainable development  
  • 6 Minister to determine sustainability criteria and indicators and reporting requirements  
  • 7 Determination to be published  
  • 8 Secretary to report on indicators  
  • 9 VicForests to provide certain information to the Secretary  
  • 10 Minister may arrange audits  
  • 11 Sustainability Charter  
  • 12 VicForests to respond to Sustainability Charter  

PART 3--ALLOCATION TO VICFORESTS

  • 12A Timber resources are property of the Crown  
  • 13 Minister may make allocation order  
  • 14 Property vests in VicForests on publication of order  
  • 15 Contents of an allocation order  
  • 16 VicForests' functions under allocation order  
  • 17 Power to amend or vary allocation order  
  • 17A Effect of amendment or variation relating to the allocation of timber resources  
  • 18 Review of allocation of timber resources  
  • 19 Minister to have regard to certain matters  
  • 20 What happens after a review?  
  • 21 Minister to consult on reduction of allocation  
  • 21A Rights of third parties  
  • 22 Minister's and Secretary's powers and functions not affected by order  
  • 23 Charges  
  • 24 VicForests required to pay charges  

PART 4--MANAGED LICENCES

Division 1--Transferred licences (east)

  • 25 VicForests to administer and receive fees from transferred licences (east)  
  • 26 VicForests powers  
  • 27 Expiry of licence and no compensation or proceedings  

Division 3--Transferred agreements

Division 4--General

  • 33 VicForests cannot grant licence or permit  
  • 34 Part does not operate to breach contracts etc.  
  • 35 Ministerial orders  

PART 5--MANAGEMENT OF TIMBER RESOURCES BY VICFORESTS

  • 37 VicForests to prepare plan  
  • 38 Contents of plan  
  • 41 VicForests to publish notice of plan  
  • 43 Review of and changes to timber release plan  
  • 44 VicForests to operate in accordance with timber release plan  
  • 45 Offence to undertake unauthorised timber harvesting operations  
  • 45A Certain conduct of VicForests contractors taken to be conduct of VicForests  

PART 6--MANAGEMENT OF TIMBER HARVESTING

Division 1--Codes of Practice

  • 46 Compliance with Codes of Practice  
  • 47 Minister may arrange audits  
  • 48 VicForests to respond to audit  
  • 49 Minister to make findings available  

PART 7--CONDUCT OF TIMBER HARVESTING OPERATIONS

  • 70 Direction in relation to conduct of timber harvesting operations  
  • 71 Suspension of timber harvesting operation  
  • 72 What must a suspension notice contain?  
  • 73 Notices may include directions  
  • 74 Expiry of suspension notice once matter remedied  
  • 75 Offence not to comply with suspension notice  
  • 76 Appeals against suspension notices  
  • 77 Occupational Health and Safety Act 2004 prevails  

PART 7A--TIMBER HARVESTING SAFETY ZONES

  • 77A Power to declare certain areas for the purposes of this Part  
  • 77B What is a timber harvesting safety zone?  
  • 77C Notice of timber harvesting safety zone to be given  
  • 77D Direction to leave a timber harvesting safety zone  
  • 77E Direction to stop or move a vehicle in a timber harvesting safety zone  
  • 77F Direction to remove a dog from a timber harvesting safety zone  
  • 77G Offence to enter or remain in a timber harvesting safety zone  
  • 77H Offence to be in possession of a prohibited thing in a timber harvesting safety zone  
  • 77I Offence to allow a dog to enter a timber harvesting safety zone  
  • 77J Offence to remove or destroy a barrier or fence  
  • 77K Offence to remove or destroy notice  

PART 8--FIRE PREVENTION AND SUPPRESSION

  • 78 Agreements for prevention and suppression of fire  
  • 79 Secretary may direct VicForests staff  
  • 80 Secretary and authorised officers may direct timber harvesters  
  • 81 Person must comply with direction  
  • 82 Secretary to reimburse for assistance  
  • 83 Part does not derogate from certain Acts  

PART 8A--ENFORCEABLE UNDERTAKINGS

  • 83A Enforceable undertakings  
  • 83B Enforcement of undertakings  
  • 83C Register of undertakings  

PART 8B--PRODUCTION OF DOCUMENTS

  • 83D Power to require production of documents  
  • 83E Production order to authorise production notice to be given to other persons  
  • 83F Application for extension of time period  
  • 83G How documents may be produced  
  • 83H Powers on production of documents  
  • 83I Receipt for retained documents  
  • 83J Return of produced documents  
  • 83K Forfeiture to Crown  
  • 83L Offence to contravene production notice  
  • 83M Offence to provide false or misleading information  
  • 83N Protection against self-incrimination  

PART 9--ENFORCEMENT

  • 84 Requirement to give name and address  
  • 85 Authorised officers must identify themselves  
  • 86 Offence to hinder or obstruct an authorised officer  
  • 87 Offence to threaten or abuse an authorised officer  
  • 88 Power to seize items  
  • 88A Power to search and seize prohibited things in timber harvesting safety zones  
  • 89 Return of seized items  
  • 89A Retention and return or forfeiture of certain seized items  
  • 90 Recovery of seized item and compensation  
  • 91 Forfeiture to Crown  
  • 92 Court may order forfeiture to the Crown  
  • 92A Time for bringing certain proceedings  
  • 93 Direction to remove obstructions  
  • 94 Authorised officer may remove obstructions in State forest  

PART 9A--GENERAL OFFENCES

  • 94A Offence to hinder, obstruct or interfere with timber harvesting operations by using prohibited thing  
  • 94B Offence to hinder, obstruct or interfere with timber harvesting operations  

PART 9B--BANNING NOTICE AND EXCLUSION ORDERS

Division 1--Interpretation

  • 94C Meaning of specified offence  

Division 2--Banning notices

  • 94CA Issue of banning notice  
  • 94CB Content of banning notice  
  • 94CC Variation and revocation of banning notice  
  • 94CD Offence to contravene banning notice  
  • 94CE Direction to leave area to which banning notice applies  
  • 94CF Offence to contravene a direction to leave area to which banning notice applies  

Division 3--Exclusion orders

  • 94D Exclusion orders  
  • 94E Variation of exclusion order  
  • 94F Offence to contravene exclusion order  
  • 94G Direction to leave area to which exclusion order applies  
  • 94H Offence to refuse or fail to comply with direction to leave area to which exclusion order applies  

PART 10--MISCELLANEOUS

  • 95 Limitation of Supreme Court's jurisdiction  
  • 96 Regulations  
  • 96A Instruments may incorporate documents  
  • 97 Native title rights and interests not affected  

PART 13--TRANSITIONAL PROVISIONS

  • 140 Existing allocation order and timber release plan  
  • 141 Transitional provision—Forests Legislation Amendment (Compliance and Enforcement) Act 2021  
  • 142 Saving of existing enforceable undertakings  

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