Victorian Consolidated Legislation

SUSTAINABLE FORESTS (TIMBER) ACT 2004

No. 48 of 2004
Version incorporating amendments as at 10 August 2007

TABLE OF PROVISIONS

           Section Page

   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

   13.     Minister may make allocation order
   14.     Period of allocation order
   15.     Contents of an allocation order
   16.     VicForests' functions under allocation order
   17.     Power to amend or vary allocation order
   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
   22.     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           Division 2-Repealed

           28-30. Repealed

           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

   36.     Timber resources are property of the Crown
   37.     VicForests to prepare timber release plan
   38.     Contents of plan
   39.     Plan to be submitted to Secretary
   40.     Secretary may approve plan
   41.     Secretary to publish notice
   42.     Property vests in VicForests on publication of notice
   43.     Review of and changes to approved timber release plan
   44.     VicForests to operate in accordance with approved timber release plan
   45.     Offence to undertake unauthorised timber harvesting
           operations

   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

           Division 2-Licensing of timber harvesting operators

   50.     Offence to carry out certain activities without a licence
   51.     Offence to engage, contract with or employ unlicensed timber harvesting operators
   52.     Offence to direct contravention of licence or regulations
   53.     Application for licence
   54.     Issue of licence
   55.     Application for renewal
   56.     Secretary may renew licence
   57.     General conditions
   58.     Notice and submissions on change of licence conditions
   59.     Notification of refusal
   60.     Review by VCAT
   61.     Suspension of licence
   62.     Cancellation of licence
   63.     Application for review of suspension or cancellation
   64.     Secretary to appoint panel
   65.     Panel to review Secretary's decision
   66.     Secretary to notify holder of outcome of review
   67.     Decision to cancel or suspend not affected by review process
   68.     Register

   PART 7-CONDUCT OF TIMBER HARVESTING
   OPERATIONS

   69.     Direction to produce licence
   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 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 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
   89.     Return of seized items
   90.     Recovery of seized item and compensation
   91.     Forfeiture to Crown
   92.     Court may order forfeiture to the Crown
   93.     Direction to remove obstructions
   94.     Authorised officer may remove obstructions in State forest

   PART 10-MISCELLANEOUS

   95.     Limitation of Supreme Court's jurisdiction
   96.     Regulations
           PARTS 11, 12-Repealed
           97-132. Repealed

   PART 13-CONSEQUENTIAL AMENDMENTS TO OTHER ACTS AND TRANSITIONAL PROVISIONS

           Division 1-Repealed

           133-139. Repealed

           Division 2-Transitional provisions

   140.    General transitional provisions
   141.    Forest operator's licences
           __________________
           SCHEDULE 1-Transferred Licences (East)
           SCHEDULE 2-Repealed
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           ENDNOTES
           1. General Information
           2. Table of Amendments
           3. Explanatory Details