Forests (Miscellaneous) Regulations 1999

i Forests (Miscellaneous) Regulations 1999 S.R. No. 122/1999 TABLE OF PROVISIONS Regulation Page PART 1—PRELIMINARY 1 1. Objective 1 2. Authorising provisions 1 3. Definition 1 PART 2—AUCTION AND TENDER 2 4. Procedure for sale by auction of forest produce or right to a licence 2 5. Procedure for sale by tender of forest produce or right to a licence 3 PART 3—BRANDING OF FOREST PRODUCE 5 6. Brands for forest produce 5 7. Use of crown brand 5 8. Use of broad arrow brand 5 9. Licensee's brand 6 PART 4—FEES FOR UNLAWFULLY DEPASTURED CATTLE 7 10. Fees for agistment of cattle 7 PART 5—OFFENCES 8 11. Offences within reserved forest 8 12. Traps, poisons and firearms in special purpose reserves 9 13. Entry of cattle into reserved forest 9 14. Offence to obstruct road, track or tramway in State forest 9 PART 6—STATISTICAL RETURN 11 15. Sawmiller's return 11 PART 7—CAMPING IN STATE FORESTS 12 -- 1 of 22 -- Regulation Page ii 16. Camping in State forests 12 17. Camping in areas which are subject to special camping restrictions 13 18. Expiry 14 __________________ SCHEDULE 1—Areas subject to special camping restrictions 15 ═══════════════ -- 2 of 22 -- 1 STATUTORY RULES 1999 S.R. No. 122/1999 Forests Act 1958 Forests (Miscellaneous) Regulations 1999 The Governor in Council makes the following Regulations: Dated: 16 November 1999 Responsible Minister: SHERRYL GARBUTT Minister for Environment and Conservation HELEN DOYE Clerk of the Executive Council PART 1—PRELIMINARY 1. Objective The objective of these Regulations is to make provision for certain matters concerning forests and forest produce. 2. Authorising provisions These Regulations are made under sections 50, 53, 85, 94 and 99 for the Forests Act 1958. 3. Definition In these Regulations— "Act" means the Forests Act 1958. _______________ -- 3 of 22 -- S.R. No. 122/1999 Forests (Miscellaneous) Regulations 1999 2 PART 2—AUCTION AND TENDER 4. Procedure for sale by auction of forest produce or right to a licence (1) If forest produce or the right to a licence is to be sold by auction, not less than 14 days prior to the date on which the auction is to be held, the Secretary must cause notice of the proposed auction— (a) to be published in at least one newspaper regularly circulating in the locality; and (b) to be exhibited at the relevant regional office of the Department. (2) Prior to the commencement of the auction, the person conducting the auction must give a general description of— (a) the forest produce or the licence; and (b) the conditions of sale as determined by the Secretary. (3) The person conducting the auction— (a) may refuse to accept the bid of any person without giving any reason; and (b) may decline the offer of any lot or withdraw any lot from sale. (4) If a dispute arises as to any bid, at the option of the person conducting the auction, the relevant lot or lots may be put up again and resold. (5) The Secretary may determine an upset price or minimum royalty, due or charge. (6) Subject to compliance with the conditions of sale and these Regulations, the person making the highest accepted bid will be declared the r. 4 -- 4 of 22 -- S.R. No. 122/1999 Forests (Miscellaneous) Regulations 1999 3 purchaser, but no sale is deemed to be made unless— (a) an amount at least equal to the upset price or minimum royalty, due or charge has been bid; and (b) a deposit of 20 per cent of the highest accepted bid has been lodged with the person conducting the auction. 5. Procedure for sale by tender of forest produce or right to a licence (1) If forest produce or the right to a licence is to be sold by tender, not less than 14 days prior to the closing date for submission of tenders, the Secretary must cause a notice inviting tenders— (a) to be published in at least one newspaper regularly circulating in the locality; and (b) to be exhibited at the relevant regional office of the Department. (2) The Secretary must cause general information on the forest produce or the licence, including conditions of sale, to be made available at the nominated offices of the Department as specified in the notice given under sub-regulation (1). (3) A tender must be— (a) enclosed in a sealed envelope; and (b) accompanied by a deposit of $250.00; and (c) lodged in the tender box in the nominated office of the Department or received by a nominated Departmental employee not later than 12.00 noon on the final day fixed for receipt of tenders. (4) The Secretary may— r. 5 -- 5 of 22 -- S.R. No. 122/1999 Forests (Miscellaneous) Regulations 1999 4 (a) accept or reject any tender; and (b) withdraw any lot from sale. (5) The Secretary holds any deposit paid with a tender as stakeholder until it is determined whether the tender is successful. _______________ r. 5 -- 6 of 22 -- S.R. No. 122/1999 Forests (Miscellaneous) Regulations 1999 5 PART 3—BRANDING OF FOREST PRODUCE 6. Brands for forest produce The ordinary brands to be used by authorised officers for the purpose of branding forest produce are— (a) a crown brand with a number as illustrated— ; or (b) a broad arrow brand as illustrated— . 7. Use of crown brand The crown brand must be used— (a) to mark trees as an indication that felling of those trees is approved; or (b) to indicate the release of forest produce which has been seized under the Act; or (c) to indicate that the removal of forest produce from State forest has been authorised under the Act. 8. Use of broad arrow brand The broad arrow brand must be used— (a) to mark trees in a timber harvesting area which are not to be felled; or (b) to indicate forest produce which has been seized under the Act; or r. 6 -- 7 of 22 -- S.R. No. 122/1999 Forests (Miscellaneous) Regulations 1999 6 (c) to indicate that forest produce lawfully cut or obtained is not to be removed until the brand is obliterated with the crown brand by any authorised officer. 9. Licensee's brand A licensee, when required to do so by the Secretary, must submit a distinctive brand for registration with the Secretary. _______________ r. 9 -- 8 of 22 -- S.R. No. 122/1999 Forests (Miscellaneous) Regulations 1999 7 PART 4—FEES FOR UNLAWFULLY DEPASTURED CATTLE 10. Fees for agistment of cattle For the purposes of section 85 of the Act, the prescribed rates of agistment fees are— (a) for every horse, mare, gelding, colt or filly: $2.00 per week; (b) for every ram, whether, ewe or lamb: 15 cents per week; (c) for every head of other cattle: 80 cents per week. _______________ r. 10 -- 9 of 22 -- S.R. No. 122/1999 Forests (Miscellaneous) Regulations 1999 8 PART 5—OFFENCES 11. Offences within reserved forest (1) Within a reserved forest, a person must not, without the authority of the Secretary— (a) leave without being properly closed and fastened any gate, slip, panel or portion of any fence within or on the boundary of the forest; or (b) damage, destroy or remove any gate, panel, rail, cattle ramp, cattle pit or the hinge, lock, catch or fastening on any gate or gate post. Penalty: 20 penalty units. (2) Within a reserved forest, a person must not, without the authority of the Secretary, fell any tree which bears an inscribed survey mark or deface the mark. Penalty: 20 penalty units. (3) Within a reserved forest, a person must not, without the authority of the Secretary, enter into and upon any experimental area, tree nursery, plantation or portion thereof which is fenced if the person knew or ought reasonably to have known that entry was prohibited. Penalty: 20 penalty units. (4) Within a reserved forest, a person must not, without the authority of the Secretary, damage or interfere with or hinder the operation of any experimental equipment used in connection with research activities. Penalty: 20 penalty units. r. 11 -- 10 of 22 -- S.R. No. 122/1999 Forests (Miscellaneous) Regulations 1999 9 (5) Within a reserved forest, a person must not, without the authority of the Secretary, sell or offer for sale any goods, things or services. Penalty: 20 penalty units. 12. Traps, poisons and firearms in special purpose reserves (1) In any part of a reserved forest set aside under section 50(1) of the Act, a person must not— (a) shoot, trap, catch or otherwise destroy or interfere with any animal or bird; or (b) carry or possess any poison, trap, snare, net, gun, rifle or other firearm. Penalty: 20 penalty units. (2) This regulation does not apply if specific provision is made to the contrary in any other regulation made under the Act. 13. Entry of cattle into reserved forest An owner or person in charge of travelling cattle— (a) must not enter any part of a reserved forest with the cattle without a permit in writing from the Secretary; and (b) must comply with the restrictions and conditions contained in that permit. Penalty: 20 penalty units. 14. Offence to obstruct road, track or tramway in State forest (1) A person must not in a State forest— (a) construct or place any object, device or other thing that— (i) obstructs, or is designed to obstruct, passage on a road, track or tramway r. 12 -- 11 of 22 -- S.R. No. 122/1999 Forests (Miscellaneous) Regulations 1999 10 constructed or maintained by the Secretary; or (ii) damages, or is designed to damage, a road, track or tramway or a vehicle on that road, track or tramway; or (b) dig a hole, pit or trench in a road, track or tramway constructed or maintained by the Secretary; or (c) obstruct a road, track or tramway constructed or maintained by the Secretary in a manner that prevents safe passage on such a road, track or tramway. Penalty: 20 penalty units. (2) Sub-regulation (1) does not apply to a person who— (a) is acting in accordance with a licence or permit issued under section 52 of the Act; or (b) is acting in the course of his or her duty as— (i) an authorised officer or member of the police force; or (ii) an employee of the Department; or (iii) an officer or member of a brigade within the meaning of the Country Fire Authority Act 1958; or (c) is carrying out works in a State forest on behalf of the Secretary. _______________ r. 14 -- 12 of 22 -- S.R. No. 122/1999 Forests (Miscellaneous) Regulations 1999 11 PART 6—STATISTICAL RETURN 15. Sawmiller's return For the purposes of section 94 of the Act, the prescribed manner in which the owner of a sawmill must furnish information and particulars is to deliver or mail the form sent to or left with the owner to the Department within 7 days of receipt of the form. _______________ r. 15 -- 13 of 22 -- S.R. No. 122/1999 Forests (Miscellaneous) Regulations 1999 12 PART 7—CAMPING IN STATE FORESTS 16. Camping in State forests (1) A person must not, in any State forest— (a) pitch a tent; or (b) erect or make use of a structure for shelter; or (c) park or use a vehicle or caravan for shelter— for the purpose of camping, unless— (d) that tent or shelter referred to in paragraphs (a), (b) or (c) is situated more than 20 metres from any well, bore or waterway within the meaning of the Water Act 1989; and (e) if the person is camping in a fire protected area, the area within 2 metres of that tent or shelter referred to in paragraphs (a), (b) or (c) is clear of all flammable material; and (f) in areas where toilet facilities are not provided and portable toilet facilities have been brought, the portable toilet facility must be situated not less than 100 metres from any well, bore or waterway within the meaning of the Water Act 1989. Penalty: 10 penalty units. (2) A person who contravenes sub-regulation (1) must, if directed to do so by an authorised officer— (a) if the contravention relates to a structure or tent, dismantle and remove it from the site; and r. 16 -- 14 of 22 -- S.R. No. 122/1999 Forests (Miscellaneous) Regulations 1999 13 (b) if the contravention relates to a vehicle or caravan, remove to from the site. Penalty: 10 penalty units. (3) An authorised officer may by written notice given to a person— (a) grant a partial exemption for the purposes of sub-regulation (1)(e); (b) specify conditions regarding fire prevention in relation to the exemption given for the purposes of sub-regulation (1)(e); (c) revoke the exemption given for the purposes of sub-regulation (1)(e). 17. Camping in areas which are subject to special camping restrictions (1) A person must not camp or erect a tent or use a caravan or other mobile structure for the purpose of camping in an area described in Column 1 of Schedule 1 during the period of restriction that is specified in Column 2 of Schedule 1. Penalty: 10 penalty units. (2) Despite sub-regulation (1) a person may camp or erect a tent or use a caravan or other mobile structure for the purpose of camping in an area described in Column 1 of Schedule 1 during the period of restriction that is specified in Column 2 of Schedule 1 if that person— (a) camps in an area set aside by the Secretary or committee of management of that land for camping; or (b) camps in accordance with a permit or other authority issued by the Secretary or the committee of management of that land. r. 17 -- 15 of 22 -- S.R. No. 122/1999 Forests (Miscellaneous) Regulations 1999 14 (3) The Secretary or the committee of management may, in respect of land of which it has management and control— (a) by notice given to a person grant an authority for the purposes of sub-regulation (2); (b) specify conditions in relation to the authority; (c) revoke the authority. 18. Expiry These Regulations expire on the day which is 6 months after the day on which they are made. __________________ r. 18 -- 16 of 22 -- S.R. No. 122/1999 Forests (Miscellaneous) Regulations 1999 15 SCHEDULE 1 AREAS SUBJECT TO SPECIAL CAMPING RESTRICTIONS PART 1 Column 1 Description of Areas Column 2 Period of Restriction All the reserved forest in the Parish of Kimbolton being the land delineated and shown as reserved forest on Parish Plan No. 2879 lodged in the Central Plan Office. The period commencing on 15 November in each year and ending on 30 April in the following year. All the reserved forest in section 13, Parish of Lyell, in the Shire of Strathfieldsaye delineated and shown as reserved forest in section 13 on Parish Plan No. 3023 lodged in the Central Plan Office. The period commencing on 15 November in each year and ending on 30 April in the following year. All State forest which is— (a) in the Shire of Bright, in the Parish of Bright and bounded in the north and east by the Ovens River, in the west by Hawthorn Lane and in the south by Mountbatten Avenue, Delaney Avenue and that section of the Harrietville road between the eastern end of Delaney Avenue and the Ovens River at Germantown Bridge; The period commencing on 15 November in each year and ending on 30 April in the following year. (b) in the Shire of Bright in the Parish of Porepunkah and— (i) bounded by the Ovens River in the south, Roberts Creek in the west and the Everton to Bright railway line in the north and east; and Column 1 Column 2 Sch. 1 -- 17 of 22 -- S.R. No. 122/1999 Forests (Miscellaneous) Regulations 1999 16 Description of Areas Period of Restriction (ii) bounded by the Ovens River in the south, the western boundary of allotment 3 of section 1A and the eastern boundaries of allotments 13, 12 and 3 of section F2 in the west, by the Ovens Highway in the north and in the east by line due south via the south- west boundary of allotment 9 of section 1A to the Ovens River; (c) in the Shire of Bright, in the Parish of Wandiligong and bounded by the Ovens River in the north, the Buckland River in the east for 240 metres upstream from its junction with the Ovens River thence via the north and west boundaries of allotment 2B of section VII and the south and west boundaries of allotment 1 along the east and north boundaries of allotment 6A, along the east boundary of allotment 6 to the Ovens River. All State forest in the Shires of Alexandra and Mansfield being within 400 metres of the edge of the water on the southern shore of the big Eildon Reservoir extending from the Eildon Dam on the west to the Goulburn River on the east. The period commencing on 15 November in each year and ending on 30 April in the following year. All State forest in the Shire of Benalla within those parts of the Parishes of Toombullup and The period commencing on 15 November in each year and ending on 31 May in the following year. Column 1 Description of Areas Column 2 Period of Restriction Sch. 1 -- 18 of 22 -- S.R. No. 122/1999 Forests (Miscellaneous) Regulations 1999 17 Toombullup North shown hatched on the plan numbered (1) in Part 2 of this Schedule. All State forest in the Shire of Rochester within that part of the Parish of Patho shown hatched on the plan numbered (2) in Part 2 of this Schedule. The whole of the year. All State forest within the Township of Echuca shown hatched on the plan numbered (3) in Part 2 of this Schedule. The whole of the year. Sch. 1 -- 19 of 22 -- S.R. No. 122/1999 Forests (Miscellaneous) Regulations 1999 18 PART 2 PLAN (1) Sch. 1 -- 20 of 22 -- S.R. No. 122/1999 Forests (Miscellaneous) Regulations 1999 19 PLAN (2) Sch. 1 -- 21 of 22 -- S.R. No. 122/1999 Forests (Miscellaneous) Regulations 1999 20 PLAN (3) ═══════════════ Sch. 1 -- 22 of 22 --