Forests (Thomson River Forest Reserve) Regulations 2005

i Forests (Thomson River Forest Reserve) Regulations 2005 S.R. No. 13/2005 TABLE OF PROVISIONS Regulation Page 1. Objectives 1 2. Authorising provisions 1 3. Commencement 1 4. Revocation 2 5. Definitions 2 6. Application 3 7. Camping within the reserve 4 8. Possession, carriage or use of firearms within the reserve 5 9. Horse riding 5 10. Entry and travel on roads within the reserve 7 11. Person to leave the reserve on request of authorised officer 9 __________________ SCHEDULE—Thomson River Forest Reserve 10 ═══════════════ ENDNOTES 11 -- 1 of 12 -- 1 STATUTORY RULES 2005 S.R. No. 13/2005 Forests Act 1958 Forests (Thomson River Forest Reserve) Regulations 2005 The Governor in Council makes the following Regulations: Dated: 30 March 2005 Responsible Minister: JOHN THWAITES Minister for Environment RUTH LEACH Acting Clerk of the Executive Council 1. Objectives The objectives of these Regulations are to provide for— (a) the effective management and conservation of the Thomson River Forest Reserve; and (b) periodic road closures within the area of the reserve; and (c) appropriate land uses within the reserve. 2. Authorising provisions These Regulations are made under sections 50 and 99 of the Forests Act 1958. 3. Commencement These Regulations come into operation on 1 April 2005. -- 2 of 12 -- S.R. No. 13/2005 Forests (Thomson River Forest Reserve) Regulations 2005 2 4. Revocation The Forests (Thomson River Forest Reserve) Regulations 1995 1 are revoked. 5. Definitions In these Regulations— "Act" means the Forests Act 1958; "alpine bog" means any permanently wet site along drainage lines and valley floors, its vegetation consisting of Sphagnum moss, and usually including Spreading Rope-rush, Matted Nertera, Alpine Astelia and Mountain Gentian; "Australian Alps Walking Track" means the Australian Alps walking track which extends from Walhalla to Namadgi National Park; "designated camping area" means any area which is set aside for camping without vehicles and where toilet facilities are provided; "gundog" has the same meaning as in the Wildlife (Game) Regulations 2001; "Melbourne Water Corporation" has the same meaning as in the Melbourne Water Corporation Act 1992; "open season", in relation to Sambar Deer, means the open season for Sambar Deer described in Part 1 of Schedule 3 of the Wildlife (Game) Regulations 2001; "scent-trailing hound" has the same meaning as in the Wildlife (Game) Regulations 2001; "reserve" means the land set aside and declared to be the Thomson River Forest Reserve under section 50 of the Forests Act 1958. r. 4 -- 3 of 12 -- S.R. No. 13/2005 Forests (Thomson River Forest Reserve) Regulations 2005 3 6. Application (1) These Regulations do not apply to— (a) a person who is the holder of any lease, licence or permit granted under the Act with respect to the reserve or his or her employees, agents or contractors if that person is acting in accordance with the lease, licence or permit he or she so holds; or (b) a person employed in the administration of the Forests Act 1958 or these regulations, or an authorised officer when acting in the course of his or her employment; or (c) Melbourne Water Corporation or an employee of Melbourne Water Corporation when acting in the course of his or her employment; or (d) VicForests or an employee of VicForests when acting in the course of his or her employment. (2) Regulation 10 does not apply to— (a) a person who is undertaking timber harvesting operations within the reserve that are authorised operations referred to in section 45(2)(a) and (b)(i) of the Sustainable Forests (Timber) Act 2004; or (b) a contractor, agent, volunteer or other person carrying out any work for or acting on the authority or instruction of the Secretary, Melbourne Water Corporation or VicForests. r. 6 -- 4 of 12 -- S.R. No. 13/2005 Forests (Thomson River Forest Reserve) Regulations 2005 4 7. Camping within the reserve (1) A person must not establish or occupy a camp within the reserve. Penalty: 10 penalty units. (2) Sub-regulation (1) does not apply to a person who camps in the reserve if that person— (a) is undertaking a walk on the Australian Alps Walking Track and camps only in designated camping areas; and (b) camps for no longer than one night at any particular location; and (c) camps for not more than 3 consecutive nights within the reserve; and (d) does not bring a motor vehicle into the reserve or enter the reserve with a motor vehicle; and (e) establishes a camp at a distance of 20 metres or more from any stream or alpine bog. (3) Sub-regulation (1) does not apply to a contractor, agent, volunteer or other person carrying out any work for or acting on the authority or instruction of the Secretary, Melbourne Water Corporation or VicForests if the Secretary has issued that person with an authorisation to establish or occupy a camp within the reserve and that person is acting in accordance with that authorisation. (4) The Secretary may issue an authorisation to a person for the purposes of sub-regulation (3) and may determine conditions for any such authorisation. r. 7 -- 5 of 12 -- S.R. No. 13/2005 Forests (Thomson River Forest Reserve) Regulations 2005 5 8. Possession, carriage or use of firearms within the reserve (1) A person must not, in the reserve, possess, carry or use a firearm. Penalty: 10 penalty units. (2) Sub-regulation (1) does not apply to a person who is the holder of a game licence under the Wildlife (Game) Regulations 2001 authorising the taking of Sambar Deer if that person— (a) is within the reserve during the open season for Sambar Deer, and that person is hunting for Sambar Deer by stalking; or (b) is within the hatched grey area of the plan in the Schedule, during the period commencing 48 hours prior to the first day of the open season for Sambar Deer and ending 48 hours following the last day of the open season for Sambar Deer and that person is, intends to, or has been hunting for Sambar Deer (as the case requires) with the use of a registered scent-trailing hound or a gundog. 9. Horse riding (1) A person must not bring a horse into the reserve if the person is part of a group of more than 5 riders and more than 5 horses. Penalty: 10 penalty units. (2) Sub-regulation (1) does not apply if that person, group or organisation has the written approval of the Secretary. r. 8 -- 6 of 12 -- S.R. No. 13/2005 Forests (Thomson River Forest Reserve) Regulations 2005 6 (3) A person must not ride a horse in the reserve other than— (a) on the following roads, as shown on the plan in the Schedule, during the whole of the year— (i) Marshall Spur Road; (ii) Nine Mile Road; (iii) Thomson Jordan Divide Road; (iv) Thomson Valley Road; (v) Walhalla Road; (vi) Warburton Woods Point Road. (b) on the following roads, as shown on the plan in the Schedule, during the period from 1 December to 30 April in each year— (i) the section of Alstergrens Track shown on the plan in the Schedule; (ii) the section of Bell Track shown on the plan in the Schedule; (iii) Bell Link Track; (iv) BB Jordan Divide Track; (v) Casper Creek Track; (vi) Cream Can Hill Track; (vii) Jericho Track; (viii) Mt Gregory Track; (ix) Park Road; (x) Poole Road; (xi) Red Jacket Track; (xii) the section of Thomson Jordan Divide Track shown on the plan in the Schedule; r. 9 -- 7 of 12 -- S.R. No. 13/2005 Forests (Thomson River Forest Reserve) Regulations 2005 7 (xiii) Upper Thomson Road; (xiv) Victor Spur Track; (xv) Violet Town Track; (xvi) Whitelaws Track. Penalty: 10 penalty units. (4) In sub-regulations (2) and (3) "road" does not include any part of a road closed by the Secretary under section 21 of the Act. (5) A person who rides or brings a horse into the reserve must not allow that horse within 20 metres of any stream or alpine bog. Penalty: 10 penalty units. 10. Entry and travel on roads within the reserve (1) A person while in charge of a vehicle must not enter or travel along any road or track within the reserve. Penalty: 10 penalty units. (2) Sub-regulation (1) does not apply to a person in charge of a vehicle who enters and travels within the reserve on the following roads, as shown on the plan in the Schedule— (a) Marshall Spur Road; (b) Mt St Gwinear Road; (c) Nine Mile Road; (d) Thomson Jordan Divide Road; (e) Thomson Valley Road; (f) Walhalla Road; (g) Warburton Woods Point Road. r. 10 -- 8 of 12 -- S.R. No. 13/2005 Forests (Thomson River Forest Reserve) Regulations 2005 8 (3) Sub-regulation (1) does not apply to any person in charge of a vehicle who enters and travels within the reserve on the following roads during the period 1 December to 30 April in each year, as shown on the plan in the Schedule— (a) the section of Alstergrens Track shown on the plan in the Schedule; (b) the section of Bell Track shown on the plan in the Schedule; (c) Bell Link Track; (d) BB Jordan Divide Track; (e) Casper Creek Track; (f) Cream Can Hill Track; (g) Jericho Track; (h) Mt Gregory Track; (i) Park Road; (j) Poole Road; (k) Red Jacket Track; (l) the section of Thomson Jordan Divide Track shown on the plan in the Schedule; (m) Upper Thomson Road; (n) Victor Spur Track; (o) Violet Town Track; (p) Whitelaws Track. (4) In sub-regulations (2) and (3) "road" does not include any part of a road closed by the Secretary under section 21 of the Act. r. 10 -- 9 of 12 -- S.R. No. 13/2005 Forests (Thomson River Forest Reserve) Regulations 2005 9 11. Person to leave the reserve on request of authorised officer (1) An authorised officer may request any person to leave the reserve if the authorised officer reasonably believes— (a) that the person should do so for the purposes of the good order, care, protection or management of the reserve; or (b) that the person has failed to comply with the regulations. (2) A person must leave the reserve when requested to do so by an authorised officer under sub- regulation (1). Penalty: 10 penalty units. __________________ r. 11 -- 10 of 12 -- S.R. No. 13/2005 Forests (Thomson River Forest Reserve) Regulations 2005 10 SCHEDULE THOMSON RIVER FOREST RESERVE ═══════════════ Sch. -- 11 of 12 -- S.R. No. 13/2005 Forests (Thomson River Forest Reserve) Regulations 2005 11 ENDNOTES 1 Reg. 4: S.R. No. 35/1995. Endnotes -- 12 of 12 --