Victorian Consolidated Legislation

Sustainable Forests (Timber) Act 2004 - SECT 43

Review of and changes to approved timber release plan

43. Review of and changes to approved timber release plan



(1) An approved timber release plan may be reviewed at any time at the
instigation of either the Secretary or VicForests.

(2) An approved timber release plan may be changed at any time if-

   (a)  both the Secretary and VicForests agree to the change; and

   (b)  the change is not inconsistent with-

   (i)  the allocation order to which the plan relates; and

   (ii) any Code of Practice relating to timber harvesting.

(3) An approved timber release plan cannot be changed in relation to any
vested timber resources in respect of which property has passed to a third
party and nothing in this section is to be taken to affect the rights of a
third party in relation to such vested timber resources.

(4) If an approved timber release plan is changed under this section, the
Secretary must cause a notice of the change to the plan to be published in the
Government Gazette.



(5) On publication of a notice under subsection (4)-

   (a)  the changed approved timber release plan takes effect in accordance
        with its terms; and

   (b)  if the change relates to vested timber resources-

   (i)  the vested timber resources specified in the previous approved timber
        release plan are divested from VicForests and vest in the Crown; and

   (ii) the timber resources specified in the changed plan vest in VicForests
        as if those resources had been vested under section 42.