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Sustainable Forests (Timber Harvesting) Regulations 2006

Legislation · Victoria · 2020
i Sustainable Forests (Timber Harvesting) Regulations 2006 S.R. No. 84/2006 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1. Objective 1 2. Authorising provision 2 3. Revocation 2 4. Definitions 2 PART 2—TIMBER HARVESTING OPERATOR'S LICENCES 3 5. Classes of timber harvesting operator's licences 3 6. Application fees 3 PART 3—DEMERIT POINTS 5 7. Circumstances in which demerit points are incurred 5 8. Application for review of demerit points 5 9. Review of demerit points 6 10. Automatic cancellation of demerit points 6 11. Change to be recorded in register 7 PART 4—SUSPENSION AND CANCELLATION OF LICENCES 8 12. Suspension of licence 8 13. Notice of suspension of licence 9 14. Notice of cancellation of licence 9 15. Commencement of suspension or cancellation of licence 9 16. Application for review of suspension or cancellation of licence 9 PART 5—GENERAL 10 17. Service of notices 10 18. Register 10 __________________ -- 1 of 33 -- Regulation Page ii SCHEDULES 12 SCHEDULE 1—Classes of Timber Harvesting Operator's Licences 12 SCHEDULE 2—Circumstances in which Demerit Points are Incurred 15 SCHEDULE 3—Notice of Demerit Points 19 SCHEDULE 4—Application for Review of Demerit Points 27 SCHEDULE 5—Notice of Suspension of Timber Harvesting Operator's Licence 28 SCHEDULE 6—Notice of Cancellation of Timber Harvesting Operator's Licence 29 SCHEDULE 7—Application for Review of Suspension or Cancellation of Licence 30 ═══════════════ ENDNOTES 31 -- 2 of 33 -- 1 STATUTORY RULES 2006 S.R. No. 84/2006 Sustainable Forests (Timber) Act 2004 Sustainable Forests (Timber Harvesting) Regulations 2006 The Governor in Council makes the following Regulations: Dated: 4 July 2006 Responsible Minister: JOHN THWAITES Minister for Environment RUTH LEACH Clerk of the Executive Council PART 1—PRELIMINARY 1. Objective The objective of these Regulations is to regulate certain activities carried out by timber harvesting operators by prescribing the following— (a) classes of timber harvesting operator's licences; and (b) activities or classes of activity for which a timber harvesting operator's licence is required; and (c) application fees for timber harvesting operator's licences and renewal of licences; and (d) a demerit points system; and -- 3 of 33 -- Part 1—Preliminary Sustainable Forests (Timber Harvesting) Regulations 2006 S.R. No. 84/2006 2 (e) the suspension of timber harvesting operator's licences; and (f) other matters required for the purposes of Division 2 of Part 6 of the Act. 2. Authorising provision These Regulations are made under section 96 of the Sustainable Forests (Timber) Act 2004. 3. Revocation The Timber Harvesting Regulations 20001 are revoked. 4. Definitions In these Regulations— "demerit points" means points allocated in accordance with regulation 7; "Notice of Demerit Points" means a notice served by an authorised officer under regulation 7(4); "the Act" means the Sustainable Forests (Timber) Act 2004. __________________ r. 2 -- 4 of 33 -- Part 2—Timber Harvesting Operator's Licences Sustainable Forests (Timber Harvesting) Regulations 2006 S.R. No. 84/2006 3 PART 2—TIMBER HARVESTING OPERATOR'S LICENCES 5. Classes of timber harvesting operator's licences (1) For the purposes of Division 2 of Part 6 of the Act the following are the prescribed classes of timber harvesting operator's licences— (a) operator's licence; and (b) temporary operator's licence; and (c) trainee operator's licence. (2) The prescribed activities or classes of activity for which a timber harvesting operator's licence is required are the activities or classes of activity set out in Column 3 of Schedule 1. (3) The prescribed class of timber harvesting operator's licence for an activity specified in Column 3 of Schedule 1 is the corresponding licence specified in Column 2 of Schedule 1. 6. Application fees (1) For the purposes of section 53(2)(c) of the Act, the prescribed application fee— (a) for a timber harvesting operator's licence which is an operator's licence, is 4⋅65 fee units; (b) for a timber harvesting operator's licence which is a temporary operator's licence, is 1⋅63 fee units; and (c) for a timber harvesting operator's licence which is a trainee operator's licence, is 1⋅63 fee units. r. 5 -- 5 of 33 -- Part 2—Timber Harvesting Operator's Licences Sustainable Forests (Timber Harvesting) Regulations 2006 S.R. No. 84/2006 4 (2) For the purposes of section 55(2)(b) of the Act, the prescribed renewal fee— (a) for a timber harvesting operator's licence which is an operator's licence, is 4⋅65 fee units; (b) for a timber harvesting operator's licence which is a temporary operator's licence, is 1⋅63 fee units; and (c) for a timber harvesting operator's licence which is a trainee operator's licence, is 1⋅63 fee units. __________________ r. 6 -- 6 of 33 -- Part 3—Demerit Points Sustainable Forests (Timber Harvesting) Regulations 2006 S.R. No. 84/2006 5 PART 3—DEMERIT POINTS 7. Circumstances in which demerit points are incurred (1) For the purposes of section 96(1)(a)(i) of the Act, the circumstances in which demerit points are incurred by the holder of a timber harvesting operator's licence are those circumstances specified in Column 2 of Schedule 2. (2) The number of demerit points incurred in respect of each circumstance specified in Column 2 of Schedule 2 is the number of demerit points specified in Column 3 of Schedule 2 corresponding to the relevant circumstance. (3) If an authorised officer reasonably believes that one or more of the circumstances specified in Column 2 of Schedule 2 exist, that officer may issue the applicable prescribed number of demerit points. (4) If an authorised officer issues demerit points under sub-regulation (3), he or she must serve a Notice of Demerit Points on the holder of the timber harvesting operator's licence setting out the number of demerit points incurred by the holder of the timber harvesting operator's licence in the form of Schedule 3. 8. Application for review of demerit points (1) A holder of a timber harvesting operator's licence may apply to the Secretary for review of the decision to issue demerit points to that person. (2) An application must— (a) be in the form of Schedule 4; and (b) include a copy of the relevant Notice of Demerit Points. r. 7 -- 7 of 33 -- Part 3—Demerit Points Sustainable Forests (Timber Harvesting) Regulations 2006 S.R. No. 84/2006 6 (3) An application under sub-regulation (1) must be made within 5 days after a Notice of Demerit Points is served on the applicant. 9. Review of demerit points (1) Within 14 days after receiving an application in accordance with regulation 8, the Secretary must review the decision to issue the demerit points to which that application relates. (2) In reviewing a decision to issue demerit points the Secretary may— (a) cancel the demerit points; or (b) vary the number of demerit points; or (c) affirm the decision to issue the demerit points. (3) As soon as is reasonably practicable after making a decision under sub-regulation (2), the Secretary must notify the applicant of his or her decision. 10. Automatic cancellation of demerit points (1) Any demerit points incurred in respect of a timber harvesting operator's licence are automatically cancelled 12 months after the date of service of the Notice of Demerit Points that set out those demerit points. (2) If a timber harvesting operator's licence is suspended under section 61 of the Act, the cancellation under sub-regulation (1) of any demerit points that led to that suspension does not affect that suspension period and the licence continues to be suspended for that suspension period. r. 9 -- 8 of 33 -- Part 3—Demerit Points Sustainable Forests (Timber Harvesting) Regulations 2006 S.R. No. 84/2006 7 11. Change to be recorded in register If, in accordance with regulation 9 or 10, the demerit points issued to the holder of a timber harvesting operator's licence are cancelled or the number of demerit points is varied, the Secretary must ensure that the cancellation or variation is recorded in the register of timber harvesting operator's licences. __________________ r. 11 -- 9 of 33 -- Part 4—Suspension and Cancellation of Licences Sustainable Forests (Timber Harvesting) Regulations 2006 S.R. No. 84/2006 8 PART 4—SUSPENSION AND CANCELLATION OF LICENCES 12. Suspension of licence (1) For the purposes of section 61 of the Act, the prescribed number of demerit points is the number set out in Column 1 of the Table below and the prescribed period of suspension is the corresponding period set out in Column 2 of that Table in respect of the relevant number of demerit points. Column 1 Accumulated Demerit Points Column 2 Period of Suspension 8 5 working days 9 6 working days 10 7 working days 11 8 working days 12 9 working days 13 10 working days 14 11 working days 15 13 working days 16 15 working days 17 17 working days 18 19 working days 19 21 working days 20 26 working days 21 31 working days 22 36 working days 23 41 working days 24 46 working days 25 or more 56 working days r. 12 -- 10 of 33 -- Part 4—Suspension and Cancellation of Licences Sustainable Forests (Timber Harvesting) Regulations 2006 S.R. No. 84/2006 9 (2) The suspension of a timber harvesting operator's licence under section 61 of the Act does not result in the cancellation of the demerit points that gave rise to that suspension. 13. Notice of suspension of licence For the purposes of section 61(3) of the Act, the prescribed form of notification of the suspension of a timber harvesting operator's licence is in the form of Schedule 5. 14. Notice of cancellation of licence For the purposes of section 62(3) of the Act, the prescribed form of notification of the cancellation of a timber harvesting operator's licence is in the form of Schedule 6. 15. Commencement of suspension or cancellation of licence If a notice of suspension of a licence or a notice of cancellation of a licence has been served on the holder of a timber harvesting operator's licence, that licence is suspended or cancelled as the case requires from the date of service of the notice. 16. Application for review of suspension or cancellation of licence For the purposes of section 63(2)(a) of the Act, the prescribed form of an application for review of the decision to suspend or cancel a timber harvesting operator's licence is in the form of Schedule 7. __________________ r. 13 -- 11 of 33 -- Part 5—General Sustainable Forests (Timber Harvesting) Regulations 2006 S.R. No. 84/2006 10 PART 5—GENERAL 17. Service of notices (1) A notice issued in accordance with regulation 7(4), 13 or 14 must be— (a) served personally on the holder of a timber harvesting operator's licence; or (b) sent by registered post to the holder of the timber harvesting operator's licence at— (i) the address given on the application form for the timber harvesting operator's licence; or (ii) at the last address notified to the Secretary by the holder of the timber harvesting operator's licence. (2) A person who serves or sends a notice under sub- regulation (1) must— (a) complete a certificate of service certifying that he or she has personally served or sent the notice; and (b) send a duplicate copy of the notice with the certificate of service to the Secretary. 18. Register For the purposes of section 68(2)(f) of the Act, the prescribed matters that the Secretary must ensure are recorded in the register of timber harvesting operator's licences are the following— (a) the qualifications of the holder of the timber harvesting operator's licence; and (b) the competencies of the holder of the timber harvesting operator's licence; and r. 17 -- 12 of 33 -- Part 5—General Sustainable Forests (Timber Harvesting) Regulations 2006 S.R. No. 84/2006 11 (c) the timber harvesting experience of the holder of the timber harvesting operator's licence. __________________ r. 18 -- 13 of 33 -- Sustainable Forests (Timber Harvesting) Regulations 2006 S.R. No. 84/2006 12 SCHEDULES SCHEDULE 1 Regulation 5 CLASSES OF TIMBER HARVESTING OPERATOR'S LICENCES Column 1 Column 2 Column 3 Item No. Class of timber harvesting operator's licence Prescribed activities or classes of activity 1. (a) Operator's licence Chainsaw Operator—Trim and crosscut harvested trees by operation of a chainsaw. (b) Manual Faller (Basic)—Harvest small trees less than 50 centimetres in diameter and less than 20 metres in height. (c) Manual Faller (Intermediate)—Harvest trees less than 80 centimetres in diameter and less than 40 metres high. (d) Manual Faller (Advanced)—Harvest any sized tree and any species of tree. (e) Machine Operator (Wheel Tractor)— Conduct wheeled tractor timber harvesting operations. (f) Machine Operator (Crawler Tractor)— Conduct crawler tractor timber harvesting operations (bulldozer). (g) Machine Operator (Skidder)—Conduct skidder timber harvesting operations. (h) Machine Operator (Loader)—Conduct loader timber harvesting operations (wheeled or tracked). (i) Machine Operator (Forwarder)—Conduct forwarder timber harvesting operations. (j) Machine Operator (Mechanical Processor)— Conduct mechanical processor timber harvesting operations (wheeled or tracked). Sch. 1 -- 14 of 33 -- Sustainable Forests (Timber Harvesting) Regulations 2006 S.R. No. 84/2006 13 Column 1 Column 2 Column 3 Item No. Class of timber harvesting operator's licence Prescribed activities or classes of activity (k) Machine Operator (Excavator)—Conduct excavator timber harvesting operations (with grabs). (l) Machine Operator (Feller Buncher)— Conduct feller buncher timber harvesting operations (wheeled or tracked). (m) Truck Driver—Shift forestry logs using trucks. (n) Tree Climber (Basic)—Undertake small tree climbing with supervision for the purpose of felling or cutting trees or taking or removing timber. (o) Tree Climber (Advanced)—Undertake complex tree climbing with limited supervision for the purpose of felling or cutting trees or taking or removing timber. (p) Tree Climber (Chainsaw Operator Off- Ground)—Use chainsaw in conjunction with tree climbing for the purpose of felling or cutting trees or taking or removing timber. (q) Supervisor (other than a person employed by VicForests)—Supervise timber harvesting operations. (r) Basic—Conduct timber harvesting operations other than those activities or classes of activity specified in paragraphs (a) to (q) of item 1. 2. Temporary operator's licence Conduct timber harvesting operations in one or more of the activities or classes of activity specified in paragraphs (a) to (q) of item 1, while undergoing further training relating to environmental care and occupational health and safety. Sch. 1 -- 15 of 33 -- Sustainable Forests (Timber Harvesting) Regulations 2006 S.R. No. 84/2006 14 Column 1 Column 2 Column 3 Item No. Class of timber harvesting operator's licence Prescribed activities or classes of activity 3. Trainee operator's licence Conduct timber harvesting operations as a trainee under supervision while undergoing training in one or more of the activities or classes of activity specified in paragraphs (e) to (l) of item 1. __________________ Sch. 1 -- 16 of 33 -- Sustainable Forests (Timber Harvesting) Regulations 2006 S.R. No. 84/2006 15 SCHEDULE 2 Regulation 7(1)–(3) CIRCUMSTANCES IN WHICH DEMERIT POINTS ARE INCURRED Column 1 Column 2 Column 3 Item No. Circumstances in which demerit points are incurred Demerit Points 1. Where, without the prior approval of the Secretary, the holder of a timber harvesting operator's licence fells a tree that has not been marked or otherwise designated for extraction. 4 2. Where, without the prior approval of the Secretary, the holder of a timber harvesting operator's licence fells a tree which has been marked for retention or which stands within an area marked for reservation or which stands within an area reserved from timber harvesting operations. 4 3. Where, without the prior approval of the Secretary, the holder of a timber harvesting operator's licence permits a felled tree to fall or slide into an area marked for reservation. 2 4. Where, without the prior approval of the Secretary, the holder of a timber harvesting operator's licence operates a machine within an area marked for reservation. 4 5. Where the holder of a timber harvesting operator's licence carries on work contrary to the directions of the Secretary relating to working in wet conditions. 5 6. Where, without the prior approval of the Secretary, the holder of a timber harvesting operator's licence damages a road or vehicle route by snigging forest produce along or across it or by moving heavy machinery along or across it. 2 Sch. 2 -- 17 of 33 -- Sustainable Forests (Timber Harvesting) Regulations 2006 S.R. No. 84/2006 16 Column 1 Column 2 Column 3 Item No. Circumstances in which demerit points are incurred Demerit Points 7. Where, the holder of a timber harvesting operator's licence, in acting as a timber harvesting team leader, fails to ensure the proper completion of the timber harvesting operations for which he or she is the timber harvesting team leader by failing to— (a) leave the timber harvesting operations site in a suitable condition for preparing for regeneration; or (b) rehabilitate the log landing or log dumping sites; or (c) close, rehabilitate and prevent erosion of roads, vehicle routes and snig tracks; or (d) remove rubbish from the forest. 4 4 4 2 8. Where the holder of a timber harvesting operator's licence fails to comply with the directions of the Secretary concerning the construction of vehicle routes, log landings or log dumps. 4 9. Where, without the prior approval of the Secretary, the holder of a timber harvesting operator's licence uses a machine to sweep drifts of loose mud, slush and soil from the surface of a road, vehicle route or snig track. 4 10. Where the holder of a timber harvesting operator's licence fails to maintain vehicle routes as determined by the Secretary. 2 11. Where the holder of a timber harvesting operator's licence carts timber contrary to the directions of the Secretary or a timber harvesting team leader. 4 12. Where the holder of a timber harvesting operator's licence fails to ensure that no material other than loose bark falls or is removed from a loaded truck driven by him or her until it is unloaded at its destination. 2 Sch. 2 -- 18 of 33 -- Sustainable Forests (Timber Harvesting) Regulations 2006 S.R. No. 84/2006 17 Column 1 Column 2 Column 3 Item No. Circumstances in which demerit points are incurred Demerit Points 13. Where the holder of a timber harvesting operator's licence fails to ensure that loose bark which falls or is removed from a loaded truck driven by him or her is not left on a road or vehicle route or in a table drain or, without the prior approval of the Secretary, accumulated in one location. 2 14. Where the holder of a timber harvesting operator's licence fails to notify the Secretary of any change in his or her address within 14 days of the change occurring. 1 15. Where the holder of a timber harvesting operator's licence deposits litter in the forest. 2 16. Where the holder of a timber harvesting operator's licence deposits engine oil or other petroleum product in the forest. 4 17. Where the holder of a timber harvesting operator's licence who is training a trainee fails to properly oversee that trainee during timber harvesting operations and that trainee has separately incurred demerit points during that failure to properly oversee. 4 18. Where the holder of a timber harvesting operator's licence who acts as a timber harvesting team leader fails to ensure that any person engaged in timber harvesting operations for which he or she is the timber harvesting team leader is the holder of a current timber harvesting operator's licence 2 19. Where the holder of a timber harvesting operator's licence who acts as a timber harvesting team leader knowingly permits a person engaged in timber harvesting operations for which he or she is the timber harvesting team leader to breach a condition of that person's own timber harvesting operator's licence. 2 Sch. 2 -- 19 of 33 -- Sustainable Forests (Timber Harvesting) Regulations 2006 S.R. No. 84/2006 18 Column 1 Column 2 Column 3 Item No. Circumstances in which demerit points are incurred Demerit Points 20. Where the holder of a timber harvesting operator's licence fails to comply with the directions of the Secretary concerning the prevention of damage to retained trees. 2 21. Where the holder of a timber harvesting operator's licence commences initial timber harvesting operations in a new coupe where the coupe plan has not been approved. 2 22. Where the holder of a timber harvesting operator's licence breaches a condition specified in that timber harvesting operator's licence and that condition is not the same as a circumstance set out in items 1 to 21 of this Schedule. 2 __________________ Sch. 2 -- 20 of 33 -- Sustainable Forests (Timber Harvesting) Regulations 2006 S.R. No. 84/2006 19 SCHEDULE 3 Regulation 7(4) NOTICE OF DEMERIT POINTS To: Mr/Mrs/Ms (Full Name) of (Address) holder of timber harvesting operator's licence numbered: On (state date/s) you incurred the following demerit points because of a breach of the circumstances indicated below: Column 1 Item No. Column 2 Circumstances of breach Column 3 Number of breaches Column 4 Demerit points incurred for each breach Column 5 Total number of demerit points 1. The felling of a tree which has not been marked or is not otherwise designated for extraction without the prior approval of the Secretary. 4 2. The felling of a tree which has been marked for retention or which stands within an area marked for reservation or which stands within an area reserved from timber harvesting operations without the prior approval of the Secretary. 4 Sch. 3 -- 21 of 33 -- Sustainable Forests (Timber Harvesting) Regulations 2006 S.R. No. 84/2006 20 Column 1 Item No. Column 2 Circumstances of breach Column 3 Number of breaches Column 4 Demerit points incurred for each breach Column 5 Total number of demerit points 3. Permitting a felled tree to fall or slide into an area marked for reservation without the prior approval of the Secretary. 2 4. Operating a machine within an area marked for reservation without the prior approval of the Secretary. 4 5. Carrying on work contrary to the directions of the Secretary relating to working in wet conditions. 5 6. Damaging a road or vehicle route by snigging forest produce along or across it or by moving heavy machinery along or across it without the prior approval of the Secretary. 2 Sch. 3 -- 22 of 33 -- Sustainable Forests (Timber Harvesting) Regulations 2006 S.R. No. 84/2006 21 Column 1 Item No. Column 2 Circumstances of breach Column 3 Number of breaches Column 4 Demerit points incurred for each breach Column 5 Total number of demerit points 7. Failing to ensure as timber harvesting team leader the proper completion of the timber harvesting operations for which you are the timber harvesting team leader by failing to— (a) leave the timber harvesting operations site in a suitable condition for preparing for regeneration; or (b) rehabilitate the log landing or log dump sites; or (c) close, rehabilitate and prevent erosion of roads, vehicle routes and snig tracks; or (d) remove rubbish from the forest. 4 4 4 2 8. Failing to comply with the directions of the Secretary concerning the construction of vehicle routes, log landings or log dumps. 4 Sch. 3 -- 23 of 33 -- Sustainable Forests (Timber Harvesting) Regulations 2006 S.R. No. 84/2006 22 Column 1 Item No. Column 2 Circumstances of breach Column 3 Number of breaches Column 4 Demerit points incurred for each breach Column 5 Total number of demerit points 9. Using a machine to sweep drifts of loose mud, slush and soil from the surface of a road, vehicle route or snig track without the prior approval of the Secretary. 4 10. Failing to maintain vehicle routes as determined by the Secretary. 2 11. Carting timber contrary to the directions of the Secretary or of a timber harvesting team leader. 4 12. Failing to ensure that material other than loose bark does not fall or is not removed from a loaded truck driven by you until it is unloaded at its destination. 2 Sch. 3 -- 24 of 33 -- Sustainable Forests (Timber Harvesting) Regulations 2006 S.R. No. 84/2006 23 Column 1 Item No. Column 2 Circumstances of breach Column 3 Number of breaches Column 4 Demerit points incurred for each breach Column 5 Total number of demerit points 13. Leaving on a road or vehicle route or in a table drain, or without the prior approval of the Secretary accumulated in one location, loose bark which falls or is removed from a loaded truck driven by you. 2 14. Failing to notify the Secretary of change of address within 14 days of the change occurring. 1 15. Depositing litter in the forest. 2 16. Depositing engine oil or other petroleum product in the forest. 4 17. When training a trainee, failing to properly oversee that trainee during timber harvesting operations where that trainee incurs demerit points during that failure to oversee. 4 Sch. 3 -- 25 of 33 -- Sustainable Forests (Timber Harvesting) Regulations 2006 S.R. No. 84/2006 24 Column 1 Item No. Column 2 Circumstances of breach Column 3 Number of breaches Column 4 Demerit points incurred for each breach Column 5 Total number of demerit points 18. Failing to ensure as timber harvesting team leader that a person engaged in timber harvesting operations for which you are the timber harvesting team leader is the holder of a current timber harvesting operator's licence of a class prescribed for the particular activity or class of activity the person is engaged in. 2 19. Knowingly permitting the holder of a timber harvesting operator's licence engaged in timber harvesting operations for which you are the timber harvesting team leader to breach a condition of that timber harvesting operator's licence. 2 20. Failing to comply with the directions of the Secretary concerning the prevention of damage to retained trees. 2 Sch. 3 -- 26 of 33 -- Sustainable Forests (Timber Harvesting) Regulations 2006 S.R. No. 84/2006 25 Column 1 Item No. Column 2 Circumstances of breach Column 3 Number of breaches Column 4 Demerit points incurred for each breach Column 5 Total number of demerit points 21. Commencing initial timber harvesting operations in a new coupe without the coupe plan being approved. 2 22. Failing to comply with a specified licence condition (if that condition is not the same as a circumstance set out in items 1 to 21 of this Notice). 2 Total Demerit Points Incurred The total number of demerit points you have incurred has been recorded in the Secretary's register of timber harvesting operator's licences in respect of your licence. The Table sets out the periods of suspension in respect of the relevant number of demerit points accumulated. Column 1 Accumulated Demerit Points Column 2 Period of Suspension 8 5 working days 9 6 working days 10 7 working days 11 8 working days 12 9 working days 13 10 working days 14 11 working days 15 13 working days Sch. 3 -- 27 of 33 -- Sustainable Forests (Timber Harvesting) Regulations 2006 S.R. No. 84/2006 26 Column 1 Accumulated Demerit Points Column 2 Period of Suspension 16 15 working days 17 17 working days 18 19 working days 19 21 working days 20 26 working days 21 31 working days 22 36 working days 23 41 working days 24 46 working days 25 or more 56 working days * If you incur further demerit points (totalling a minimum of 8) your licence may be suspended for the period set out in the Table. If you carry out any prescribed activity while your licence is suspended, your licence may be cancelled. * As you have incurred a total of [insert number] demerit points your timber harvesting operator's licence has been suspended for a period of [insert number of working days]. A copy of a Notice of Suspension is attached. If you intend to dispute the decision to issue these demerit points, you may apply to the Secretary for review of this decision. An application for review must be made within 5 days after receiving this Notice. Date: Signed: (Authorised Officer) (*delete if inapplicable) __________________ Sch. 3 -- 28 of 33 -- Sustainable Forests (Timber Harvesting) Regulations 2006 S.R. No. 84/2006 27 SCHEDULE 4 Regulation 8 APPLICATION FOR REVIEW OF DEMERIT POINTS To the Secretary to the Department of Sustainability and Environment (specify Regional Office) I, (Full Name) of (Address) the holder of timber harvesting operator's licence numbered make application for review of the decision of an authorised officer to issue demerit points in relation to my timber harvesting operator's licence. A copy of the Notice of Demerit Points is attached. The grounds of my request for review are as follows: Date: Signed: __________________ Sch. 4 -- 29 of 33 -- Sustainable Forests (Timber Harvesting) Regulations 2006 S.R. No. 84/2006 28 SCHEDULE 5 Regulation 13 NOTICE OF SUSPENSION OF TIMBER HARVESTING OPERATOR'S LICENCE To: Mr/Mrs/Ms (Full Name) of (Address) holder of timber harvesting operator's licence numbered The Secretary to the Department of Sustainability and Environment has suspended your timber harvesting operator's licence under section 61 of the Sustainable Forests (Timber) Act 2004 for a period of [specify working days] from the date you are served with this notice, because you have incurred a total of [specify number] demerit points in respect of your timber harvesting operator's licence. During this period of suspension, you must not carry out any prescribed activity or class of activity in a State forest, unless you validly hold another class of licence. If you do so your timber harvesting operator's licence [specify number] may be cancelled. If you intend to dispute this decision to suspend your licence, you may apply to the Secretary for review of this decision under section 63 of the Sustainable Forests (Timber) Act 2004. An application for review must be made within 14 days after receiving this Notice and must be made in the approved form. Date: Secretary to the Department of Sustainability and Environment __________________ Sch. 5 -- 30 of 33 -- Sustainable Forests (Timber Harvesting) Regulations 2006 S.R. No. 84/2006 29 SCHEDULE 6 Regulation 14 NOTICE OF CANCELLATION OF TIMBER HARVESTING OPERATOR'S LICENCE To: Mr/Mrs/Ms (Full Name) of (Address) holder of timber harvesting operator's licence numbered The Secretary to the Department of Sustainability and Environment has cancelled your licence on the basis that: * you have failed to comply with a condition of your licence, namely (state ground); or * you have carried out timber harvesting operations in a State forest during a period that your licence was suspended, namely (state date/s). You must not, in a State forest, carry out the kind of prescribed activity or class of activity authorised by licence number [specify number] unless you obtain a new timber harvesting operator's licence. If you intend to dispute this decision to cancel your licence, you may apply to the Secretary for review of this decision under section 63 of the Sustainable Forests (Timber) Act 2004. An application for review must be made within 14 days after receiving this Notice and must be made in the approved form. Date: Secretary to the Department of Sustainability and Environment (*delete whichever is inapplicable) __________________ Sch. 6 -- 31 of 33 -- Sustainable Forests (Timber Harvesting) Regulations 2006 S.R. No. 84/2006 30 SCHEDULE 7 Regulation 16 APPLICATION FOR REVIEW OF SUSPENSION OR CANCELLATION OF LICENCE To the Secretary to the Department of Sustainability and Environment (specify Regional Office) I, (Full Name) of (Address) the *holder/*former holder of timber harvesting operator's licence numbered (specify no.) give notice that I request a review of your decision to: * suspend my licence until (state date) as notified to me by Notice of Suspension of Timber Harvesting Operator's Licence dated (state date) * cancel my licence as notified to me by Notice of Cancellation of Timber Harvesting Operator's Licence dated (state date) The grounds of my request for review are as follows: Date: Signed: (*delete whichever is inapplicable) ═══════════════ Sch. 7 -- 32 of 33 -- Sustainable Forests (Timber Harvesting) Regulations 2006 S.R. No. 84/2006 31 ENDNOTES 1 Reg. 3: S.R. No. 81/2000. —— Fee Units These Regulations provide for fees by reference to fee units established under the Monetary Units Act 2004. The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit. The value of a fee unit for the financial year commencing 1 July 2006 is $10.75. The amount of the calculated fee may be rounded to the nearest 10 cents. The value of a fee 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 fee 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 -- 33 of 33 --