Forests (Miscellaneous) (Amendment) Regulations 1998

i Forests (Miscellaneous) (Amendment) Regulations 1998 S.R. No. 53/1998 TABLE OF PROVISIONS Regulation Page 1. Objective 1 2. Authorising provision 1 3. Principal Regulations 1 4. Commencement 2 5. Amendment of regulation 4 2 6. New regulation 14A inserted 2 14A Offence to obstruct road, track or tramway in State forest 2 7. New Part 8 inserted 3 PART 8—FOREST OPERATIONS 3 18. Entry into forest operations zone prohibited 3 19. Secretary may issue authority for certain purposes 4 20. Authorised officer etc. may direct a person to leave forest operations zone 5 8. Insertion of new Schedule 5 9. Revocation 17 10. Expiry 17 ═══════════════ NOTES 18 -- 1 of 19 -- 1 STATUTORY RULES 1998 S.R. No. 53/1998 Forests Act 1958 Forests (Miscellaneous) (Amendment) Regulations 1998 The Lieutenant-Governor as the Governor's Deputy with the advice of the Executive Council makes the following Regulations: Dated: 26 May 1998 Responsible Minister: MARIE TEHAN Minister for Conservation and Land Management SHARNE BRYAN Clerk of the Executive Council 1. Objective The objective of these Regulations is to amend the Forests (Miscellaneous) Regulations 1989 to regulate certain activities in State forests. 2. Authorising provision These Regulations are made under section 99 of the Forests Act 1958. 3. Principal Regulations In these Regulations, the Forests (Miscellaneous) Regulations 1989 1 are called the Principal Regulations. -- 2 of 19 -- S.R. No. 53/1998 Forests (Miscellaneous) (Amendment) Regulations 1998 2 4. Commencement (1) These Regulations, except regulation 9, come into operation on 1 June 1998. (2) Regulation 9 comes into operation on 30 November 1998. 5. Amendment of regulation 4 In regulation 4 of the Principal Regulations insert— '(2) In these Regulations— "forest operations zone" means an area described as a forest operations zone in Part 1 of Schedule 3; "Secretary" means the body corporate established by Part 2 of the Conservation, Forests and Lands Act 1987.'. 6. New regulation 14A inserted After regulation 14 of the Principal Regulations insert— "14A. 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 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 r. 4 -- 3 of 19 -- S.R. No. 53/1998 Forests (Miscellaneous) (Amendment) Regulations 1998 3 (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 accordance with an authority issued by the Secretary under regulation 19; or (c) is an authorised officer or member of the police force acting in the course of his or her duty.". 7. New Part 8 inserted After regulation 17 of the Principal Regulations insert— "PART 8—FOREST OPERATIONS 18. Entry into forest operations zone prohibited (1) A person must not enter into or remain in any forest operations zone. Penalty: 20 penalty units. r. 7 -- 4 of 19 -- S.R. No. 53/1998 Forests (Miscellaneous) (Amendment) Regulations 1998 4 (2) Sub-regulation (1) does not apply to— (a) an authorised officer or member of the police force acting in the course of his or her duty; or (b) a person who has been granted a licence or permit under section 52 of the Act that authorises the cutting, digging or taking away of forest produce from land within that zone or is an employee or agent of a licence or permit holder authorised to carry out those activities; or (c) a person who is acting in accordance with a written authority of the Secretary issued under regulation 19. 19. Secretary may issue authority for certain purposes (1) The Secretary may issue an authority, in writing, to a person authorising that person to— (a) enter into a forest operations zone; or (b) carry out any of the activities specified in regulation 14A(1)(a)(i) and (b). (2) An authority issued under sub-regulation (1) must specify— (a) the place to which the authority applies; and (b) the period during which the authority applies; and (c) any distance, not exceeding 150 metres, that a person must remain away from persons or machinery engaged in, or associated with, the cutting, digging or taking away of forest produce; and r. 7 -- 5 of 19 -- S.R. No. 53/1998 Forests (Miscellaneous) (Amendment) Regulations 1998 5 (d) the purpose for which the authority is granted. 20. Authorised officer etc. may direct a person to leave forest operations zone An authorised officer or member of the police force may, if he or she reasonably believes that a person has failed to comply with the terms and conditions of a licence or permit issued under section 52 of the Act or an authority issued under regulation 19, direct the person to leave a forest operations zone.". 8. Insertion of new Schedule After Schedule 2 to the Principal Regulations insert— "SCHEDULE 3 PART 1 DESCRIPTIONS OF FOREST OPERATIONS ZONES Goolengook River Forest Operations Zone Goolengook River forest operations zone is the area of State forest in the Shire of East Gippsland shown by hatching on the plan set out in Part 2, excluding Greens Road and Big River Track and the State forest within 30 metres on either side of that road and track and any land that is a heritage river area within the meaning of the Heritage Rivers Act 1992. Ada River Forest Operations Zone Ada River forest operations zone is the area of State forest in the Shire of East Gippsland shown by hatching on the plan set out in Part 3, excluding Ada Track, Barlings Road and Greens Road and the State forest within 30 metres on either side of those roads and that track. r. 8 -- 6 of 19 -- S.R. No. 53/1998 Forests (Miscellaneous) (Amendment) Regulations 1998 6 Little Bog Forest Operations Zone Little Bog forest operations zone is the area of State forest in the Shire of East Gippsland shown by hatching on the plan set out in Part 4, excluding Coast Range Road, Little Bog Track, Black Forest Track, Swede Creek Track and Hepburns Road and the State forest within 30 metres on either side of those roads and tracks. Goongerah Creek Forest Operations Zone Goongerah Creek forest operations zone is the area of State forest in the Shire of East Gippsland shown by hatching on the plan set out in Part 5, excluding the Bonang Highway, the Old Bonang Highway and Rising Sun Road and the State forest within 30 metres on either side of those roads. Hensleigh Creek Forest Operations Zone Hensleigh Creek forest operations zone is the area of State forest in the Shire of East Gippsland shown by hatching on the plan set out in Part 6, excluding Coast Range Road, Hensleigh Creek Road, Cobon Road and the State forest within 30 metres on either side of those roads. Buldah River Forest Operations Zone Buldah River forest operations zone is the area of State forest in the Shire of East Gippsland shown by hatching on the plan set out in Part 7, excluding Coast Range Road, Tennyson Track, Granite Mountain Track, Buldah River Trail, 14 Mile Creek Track, Golden Gully Track, Sisters Road, Hensleigh Creek Road and the State forest within 30 metres on either side of those roads and tracks. Bungywarr Forest Operations Zone Bungywarr forest operations zone is the area of State forest in the Shire of East Gippsland shown by hatching on the plan set out in Part 8, excluding Cobon Road, Bungywarr Road, Teacher Track and Combienbar Road and the State forest within 30 metres on either side of those roads and tracks and excluding the former Government road between Teacher Track and Bungywarr River and adjacent to former Crown Allotment 7, Parish of Bungywarr. r. 8 -- 7 of 19 -- S.R. No. 53/1998 Forests (Miscellaneous) (Amendment) Regulations 1998 7 Fisher Creek Forest Operations Zone Fisher Creek forest operations zone is the area of State forest in the Surf Coast Shire shown by hatching on the plan set out in Part 9, excluding Benwerrin–Mount Sabine Road, Bennett Road and Mt Cowley Track and the State forest within 30 metres on either side of those roads and tracks. Seaview Ridge Forest Operations Zone Seaview Ridge forest operations zone is the area of State forest in the Colac-Otway Shire shown by hatching on the plan set out in Part 10, excluding Seaview Ridge Road, Turtons Track, Wild Dog Track and HP Track and the State forest within 30 metres on either side of those roads and tracks. —— r. 8 -- 8 of 19 -- S.R. No. 53/1998 Forests (Miscellaneous) (Amendment) Regulations 1998 8 PART 2 GOOLENGOOK RIVER FOREST OPERATIONS ZONE Legend On the Plan of the Goolengook River Forest Operations Zone— A is the junction of Big River Track and Greens Road B is a point on Greens Road 2·25 km from A measured in a north-easterly direction from A along Greens Road C is a point on the Little Goolengook River 0·25 km from B measured in a south-easterly direction from B —— r. 8 -- 9 of 19 -- S.R. No. 53/1998 Forests (Miscellaneous) (Amendment) Regulations 1998 9 PART 3 ADA RIVER FOREST OPERATIONS ZONE Legend On the Plan of the Ada River Forest Operations Zone— A is a point on Greens Road 1·25 km from B measured in a northerly direction along Greens Road B is the junction of Greens Road and Ada Track C is the junction of Barlings Road and Ada Track D is a point on Ada Track 2·5 km from C measured in a south-easterly direction along Ada Track —— r. 8 -- 10 of 19 -- S.R. No. 53/1998 Forests (Miscellaneous) (Amendment) Regulations 1998 10 PART 4 LITTLE BOG FOREST OPERATIONS ZONE —— r. 8 -- 11 of 19 -- S.R. No. 53/1998 Forests (Miscellaneous) (Amendment) Regulations 1998 11 PART 5 GOONGERAH CREEK FOREST OPERATIONS ZONE —— r. 8 -- 12 of 19 -- S.R. No. 53/1998 Forests (Miscellaneous) (Amendment) Regulations 1998 12 PART 6 HENSLEIGH CREEK FOREST OPERATIONS ZONE —— r. 8 -- 13 of 19 -- S.R. No. 53/1998 Forests (Miscellaneous) (Amendment) Regulations 1998 13 PART 7 BULDAH RIVER FOREST OPERATIONS ZONE Legend On the Plan of the Buldah River Forest Operations Zone— A is the junction of Coast Range Road and the Victoria–New South Wales border B is the junction of the Victoria–New South Wales border and a major tributary of Tennyson Creek 0·95 km from A measured in a south-easterly direction along the Victoria–New South Wales border C is the junction of Sisters Road, Buldah Track and Golden Gully Track D is a point on Golden Gully Track 3·0 km from C measured in a westerly direction along Golden Gully Track —— r. 8 -- 14 of 19 -- S.R. No. 53/1998 Forests (Miscellaneous) (Amendment) Regulations 1998 14 PART 8 BUNGYWARR FOREST OPERATIONS ZONE —— r. 8 -- 15 of 19 -- S.R. No. 53/1998 Forests (Miscellaneous) (Amendment) Regulations 1998 15 PART 9 FISHER CREEK FOREST OPERATIONS ZONE Legend On the Plan of the Fisher Creek Forest Operations Zone— A is the junction of Bennett Road and Benwerrin–Mt Sabine Road B is the junction of Bennett Road and a tributary of Fisher Creek 1·35 km from A measured in a south-easterly direction along Bennett Road C is the junction of the tributary of Fisher Creek identified in B and Fisher Creek D is the junction of Fisher Creek and a tributary of Fisher Creek 0·13 km from C measured in an easterly direction along Fisher Creek E is a point 0·85 km from D measured in a south-westerly direction along the tributary of Fisher Creek identified in D —— r. 8 -- 16 of 19 -- S.R. No. 53/1998 Forests (Miscellaneous) (Amendment) Regulations 1998 16 PART 10 SEAVIEW RIDGE FOREST OPERATIONS ZONE Legend On the Plan of the Seaview Ridge Forest Operations Zone— A is the junction of Turtons Track and Wild Dog Track B is the junction of Wild Dog Track and a tributary of the Barham River East Branch 5·21 km from A measured in a south-westerly direction along Wild Dog Track C is the junction of HP Track and a tributary of the Barham River East Branch 2·78 km from D measured in a south-easterly direction from HP Track D is the junction of Seaview Ridge Road and HP Track.". —— r. 8 -- 17 of 19 -- S.R. No. 53/1998 Forests (Miscellaneous) (Amendment) Regulations 1998 17 9. Revocation Regulations 4(2) and 14A and Part 8 of and Schedule 3 to the Principal Regulations are revoked on 30 November 1998. 10. Expiry These Regulations expire on 30 November 1998. ═══════════════ r. 9 -- 18 of 19 -- S.R. No. 53/1998 Forests (Miscellaneous) (Amendment) Regulations 1998 18 NOTES 1 Reg. 3: S.R. No. 270/1989. Reprinted to S.R. No. 191/1992. Notes -- 19 of 19 --