SUSTAINABLE FORESTS (TIMBER) ACT 2004 - SECT 3 Definitions
SUSTAINABLE FORESTS (TIMBER) ACT 2004 - SECT 3
DefinitionsIn this Act—
"allocation order" means an order made in accordance with Part 3;
S. 3 def. of approved timber release plan repealed by No. 42/2013 s. 4(2)(a).
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"authorised officer" has the same meaning as it has in section 3 of the Conservation, Forests and Lands Act 1987 ;
S. 3 def. of authorised person inserted by No. 11/2014 s. 4(1).
"authorised person" means a person specified in Schedule 2;
S. 3 def. of banning notice inserted by No. 31/2022 s. 3(4).
"banning notice" means a notice issued to a person banning them from any or all specified timber harvesting safety zones under section 94CA;
"Code of Practice" has the same meaning as it has in section 3 of the Conservation, Forests and Lands Act 1987 ;
S. 3 def. of Country Fire Authority inserted by No. 11/2014 s. 4(1).
"Country Fire Authority" has the same meaning as Authority has in the Country Fire Authority Act 1958 ;
S. 3 def. of coupe substituted by No. 11/2014 s. 4(2).
"coupe" means a specific area of State forest identified for the purposes of timber harvesting and regeneration in a timber release plan and in Part 7A includes the following—
(a) a coupe specified in a Wood Utilisation Plan prepared under the Code of Practice for Timber Production made under Part 5 of the Conservation, Forests and Lands Act 1987 ;
(b) an area specified in a licence granted under section 52 of the Forests Act 1958 —
(i) for a purpose referred to in subsection (1A)(c), (d), (e), (f) or (g) of that section; and
(ii) in respect of which a declaration under section 77A has been made;
S. 3 def. of Department inserted by No. 11/2014 s. 4(1).
"Department" means the Department of Environment and Primary Industries;
S. 3 def. of DJPR Secretary inserted by No. 31/2022 s. 3(4).
"DJPR Secretary" means the Department Head (within the meaning of the Public Administration Act 2004 ) of the Department of Jobs, Precincts and Regions;
S. 3 def. of Environment Protection Authority inserted by No. 11/2014 s. 4(1), substituted by No. 39/2018 s. 57(1).
"Environment Protection Authority" means the Environment Protection Authority continued by section 356 of the Environment Protection Act 2017 ;
S. 3 def. of exclusion order
inserted by No. 11/2014 s. 4(1).
"exclusion order" means an order made under section 94D ;
"forest stand" means a group of trees within a State forest that share common characteristics relating to eucalypt species composition and age;
S. 3 def. of managed licence amended by No. 21/2006 s. 4(a).
"managed licence" means a transferred agreement or transferred licence (east) which VicForests administers, manages and enforces under Part 4;
S. 3 def. of member of the police force inserted by No. 11/2014 s. 4(1), repealed by No. 37/2014 s. 10(Sch. item 164.1(b)).
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"Minister for Agriculture" means the Minister administering the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 ;
S. 3 def. of police officer inserted by No. 37/2014 s. 10(Sch. item 164.1(a)), amended by No. 21/2015 s. 3(Sch. 1 item 53).
"police officer" has the same meaning as in the Victoria Police Act 2013 ;
"principles of ecologically sustainable development" means the principles set out in section 5;
S. 3 def. of production notice inserted by No. 38/2021 s. 3.
"production notice" means a notice under section 83D;
S. 3 def. of production order inserted by No. 38/2021 s. 3.
"production order" means an order under section 83E;
S. 3 def. of prohibited thing inserted by No. 11/2014 s. 4(1), amended by No. 31/2022 s. 3(1)(2).
"prohibited thing" means—
(a) a bolt cutter; or
(b) cement or mortar mix; or
(c) a constructed metal or timber frame; or
(d) a linked or a heavy steel chain; or
(e) a shackle or joining clip; or
(f) polyvinyl chloride (PVC) pipe or metal pipe; or
(g) any other prescribed prohibited thing;
"Secretary" means the body corporate established by Part 2 of the Conservation, Forests and Lands Act 1987 ;
S. 3 def. of State Emergency Service inserted by No. 11/2014 s. 4(1).
"State Emergency Service" has the same meaning as Service has in the Victoria State Emergency Service Act 2005 ;
"State forest" has the same meaning as it has in the Forests Act 1958 ;
"suspension notice" means a notice issued under section 71 ;
S. 3 def. of timber harvesting operations substituted by No. 11/2014 s. 4(3), amended by No. 31/2022 s. 3(3).
"timber harvesting operations" means any of the following kinds of activities carried out by VicForests or by any other person or body—
(a) for the primary purpose of the sale, or the processing and sale—
(i) felling or cutting trees or parts of trees;
(ii) taking or removing timber;
(iii) delivering timber to a buyer or transporting to a place for collection by a buyer or sale to a buyer;
(iv) any works, including road works, ancillary to any of the activities referred to in subparagraphs (i) to (iii); or
(b) for the supply of pulpwood in accordance with a Plan of Utilization within the meaning of the Agreement set out in the Schedule to the Forests (Wood Pulp Agreement) Act 1996 , an activity of a kind referred to in paragraph (a)(i) to (iv); or
(ba) the provision or use of machinery or equipment for timber harvesting in a timber harvesting safety zone; or
(bb) engaging in timber harvesting operations in a timber harvesting safety zone as an authorised person; or
(c) regeneration burning—
but does not include the collection of firewood for domestic use;
S. 3 def. of timber harvesting operator's licence repealed by No. 42/2013 s. 26.
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S. 3 def. of timber harvesting safety zone inserted by No. 11/2014 s. 4(1).
timber harvesting safety zone has the meaning given by section 77B;
S. 3 def. of timber release plan substituted by No. 42/2013 s. 4(1).
"timber release plan" means a plan prepared under section 37, notice of which has been published under section 41;
"timber resources" means timber from the trees or parts of trees which are specified as available for timber harvesting in an allocation order but does not include firewood collected for domestic use;
S. 3 def. of traditional owner group inserted by No. 11/2014 s. 4(1).
"traditional owner group" has the same meaning as in the Traditional Owner Settlement Act 2010 ;
"transferred agreement" means—
(a) the agreement entered into pursuant to section 21 of the Forests Act 1958 between the Secretary and Harris Daishowa (Australia) Pty Ltd, ACN 000 604 795 and dated 29 September 1997, as amended from time to time in accordance with its terms;
(b) an agreement entered into pursuant to section 21 of the Forests Act 1958 to which an order under section 35 applies;
"transferred licence (east)" means a licence or permit granted under section 52 of the Forests Act 1958 in respect of the east of the State of Victoria—
(a) specified in Schedule 1 and in existence immediately before the commencement of that Schedule; or
(b) to which an order under section 35 applies;
S. 3 def. of transferred licence (west) repealed by No. 21/2006 s. 4(b).
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S. 3 def. of transport authority inserted by No. 11/2014 s. 4(1), amended by No. 34/2023 s. 127(Sch. 1 item 15).
"transport authority" means—
(a) a road authority within the meaning of the Road Management Act 2004 ; or
(b) a rail corporation, a train operator or a tram operator under the Rail Management Act 1996 ; or
(c) a person operating a regular passenger service within the meaning of the Bus Services Act 1995 under the authority of a service contract within the meaning of that Act; or
(d) Safe Transport Victoria within the meaning of the Transport Integration Act 2010 ; or
(e) a person to whom section 61, 62, 63, 64, 65, 66 or 67 of the Rail Management Act 1996 applies;
S. 3 def. of utility inserted by No. 11/2014 s. 4(1).
"utility" means—
(a) an entity (whether publicly or privately owned) which provides, or intends to provide, water, sewerage, drainage, gas, electricity, telephone, telecommunication or other like services under the authority of an Act of Victoria or the Commonwealth; or
(b) any person who under the Pipelines Act 2005 is the holder of a licence to construct and operate a pipeline;
S. 3 def. of vested timber resources amended by No. 42/2013 s. 4(2)(b).
"vested timber resources" means timber resources vested in VicForests under section 14(1);
S. 3 def. of VicForests amended by No. 11/2014 s. 4(4).
"VicForests" has the same meaning as it has in the Conservation, Forests and Lands Act 1987 ;
S. 3 def. of VicForests contractor inserted by No. 38/2021 s. 3.
"VicForests contractor" means a person engaged directly or indirectly by VicForests to carry out activities relating to timber harvesting operations on behalf of VicForests, and includes a subcontractor;
S. 3 def. of VicRoads inserted by No. 11/2014 s. 4(1), repealed by No. 49/2019 s. 186(Sch. 4 item 39.1).
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S. 3 def. of WorkSafe Victoria inserted by No. 11/2014 s. 4(1).
"WorkSafe Victoria" has the same meaning as it has in the Accident Compensation Act 1985 .