SUSTAINABLE FORESTS (TIMBER) ACT 2004
Table of Provisions
PART 1--PRELIMINARY
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
- 31 VicForests to administer and receive fees from transferred agreements
- 32 Powers in respect of 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
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