SUSTAINABLE FORESTS (TIMBER) ACT 2004 - NOTES

SUSTAINABLE FORESTS (TIMBER) ACT 2004 - NOTES

Version No. 030

No. 48 of 2004

Version incorporating amendments as at

22 November 2023

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Version No. 030

Sustainable Forests (Timber) Act 2004

No. 48 of 2004

Version incorporating amendments as at

22 November 2023

See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

Minister's second reading speech—

Legislative Assembly: 13 May 2004

Legislative Council: 3 June 2004

The long title for the Bill for this Act was "to provide a framework for sustainable forest management and sustainable timber harvesting in State forests, to amend the Forests Act 1958 and the Conservation, Forests and Lands Act 1987, to consequentially amend other Acts and for other purposes."

The Sustainable Forests (Timber) Act 2004, No. 48/2004 was assented to on 16 June 2004 and came into operation as follows:

Part 1 (sections 1–4), sections 97, 98, 100(1), 103–105, 107, 108, 110, 112, 116, 122, 123(1), 124, 125, 127–129, 131–137 and 139–141 on 17 June 2004; Part 3 (sections 13–24), Part 4 Division 1 (sections 25–27), Part 4 Divisions 3 and 4 (sections 31–35), Part 5 (sections 36–45), Part 6 Division 1 (sections 46–49), Part 8 (sections 78–83), Part 9 (sections 84–94), sections 95(1), 96, 99, 101, 102, 106, 111, 113–115, 117–121, 123(2)–(4), 126, 130 and Schedule 1 on 1 August 2004: Government Gazette 29 July 2004 page 2120; section 100(2) on 31 August 2005: Government Gazette 14 July 2005 page 1550; Part 2 (sections 5–12), sections 109 and 138 on 18 May 2006: Government Gazette 18 May 2006 page 929; Part 6 Division 2 (sections 50–68), Part 7 (sections 69–77) on 1 July 2006: section 2(5).

Part 4 Division 2 (sections 28–30), section 95(2) and Schedule 2 were never proclaimed, repealed by section 5(1)(3)(4) of the Sustainable Forests (Timber) (Amendment) Act 2006, No. 21/2006.

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

•     Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

•     Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

•     Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

•     Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.

See section 36(3)(3D)(3E).

    2     Table of Amendments

This publication incorporates amendments made to the Sustainable Forests (Timber) Act 2004 by Acts and subordinate instruments.

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Occupational Health and Safety Act 2004, No. 107/2004