Conservation, Forests and Lands (Infringement Notice) Further Amendment Regulations 2010

i Conservation, Forests and Lands (Infringement Notice) Further Amendment Regulations 2010 S.R. No. 58/2010 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Commencement 1 4 Principal Regulations 2 5 Amendment to Schedule of Offences (Forests) 2 ═══════════════ ENDNOTES 4 -- 1 of 5 -- 1 STATUTORY RULES 2010 S.R. No. 58/2010 Conservation, Forests and Lands Act 1987 Conservation, Forests and Lands (Infringement Notice) Further Amendment Regulations 2010 The Governor in Council makes the following Regulations: Dated: 30 June 2010 Responsible Minister: GAVIN JENNINGS Minister for Environment and Climate Change TOBY HALLIGAN Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend Schedule 2 to the Conservation, Forests and Lands (Infringement Notice) Regulations 2002— (a) to prescribe further offences against a relevant law for which an infringement notice may be served; and (b) to prescribe penalties for those offences. 2 Authorising provision These Regulations are made under section 99 of the Conservation, Forests and Lands Act 1987. 3 Commencement These Regulations commence on 1 July 2010. -- 2 of 5 -- S.R. No. 58/2010 Conservation, Forests and Lands (Infringement Notice) Further Amendment Regulations 2010 2 4 Principal Regulations In these Regulations, the Conservation, Forests and Lands (Infringement Notice) Regulations 2002 1 are called the Principal Regulations. 5 Amendment to Schedule of Offences (Forests) In Schedule 2 to the Principal Regulations, before item 93 insert— "89 9054 An offence under section 66A(1) of the Forests Act 1958 3 penalty units as a person in charge of a campfire or barbeque using solid fuel and that is in the open air in a regulated fire area, be outside the line of sight of the campfire or barbeque, or be more than 50 metres from the perimeter of the campfire or barbeque 90 9055 An offence under section 66B(1) of the Forests Act 1958 3 penalty units light, kindle or maintain a campfire or barbeque, that uses solid fuel and that is in the open air in a regulated fire area, unless the ground and airspace within a distance of 3 metres from the outer perimeter and uppermost point of the fire are clear of flammable material 91 9056 An offence under section 66B(2) of the Forests Act 1958 3 penalty units light, kindle or maintain a campfire or barbeque, that uses liquid fuel, gaseous fuel or r. 4 -- 3 of 5 -- S.R. No. 58/2010 Conservation, Forests and Lands (Infringement Notice) Further Amendment Regulations 2010 3 chemical solid fuel and that is in the open air in a regulated fire area, unless the ground and airspace within a distance of 1·5 metres from the outer perimeter and uppermost point of the fire are clear of flammable material 92 9057 An offence under section 66C(1) of the Forests Act 1958 3 penalty units light, kindle or maintain a campfire or barbeque, that uses solid fuel and that is in the open air in a regulated fire area, if the area of the campfire or barbeque is more than one square metre in any direction, or a dimension of any piece of the solid fuel that is being used in the campfire or barbeque is more than one metre, unless authorised to do so in writing by an authorised officer". ═══════════════ r. 5 -- 4 of 5 -- S.R. No. 58/2010 Conservation, Forests and Lands (Infringement Notice) Further Amendment Regulations 2010 4 ENDNOTES 1 Reg. 4: S.R. No. 48/2002. Reprint No. 2 incorporating amendments as at 9 February 2007. Reprinted to S.R. No. 150/2006 and subsequently amended by S.R. Nos 14/2009 and 37/2010. —— Penalty Units These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit. The value of a penalty unit for the financial year commencing 1 July 2010 is $119.45. The amount of the calculated penalty may be rounded to the nearest dollar. The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. Endnotes -- 5 of 5 --