Forests Amendment Act 2012
Authorised by the Chief Parliamentary Counsel
Authorised Version
i
Forests Amendment Act 2012
No. 46 of 2012
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY 1
1 Purposes 1
2 Commencement 2
PART 2—AMENDMENTS TO THE FORESTS ACT 1958 3
3 Definitions 3
4 Section 52A repealed 3
5 New firewood collection provisions inserted 3
Cutting or taking away fallen or felled trees for domestic use
as firewood 3
57O Definitions 3
57P No application to timber resources 4
57Q Offence to cut or take away fallen or felled trees
outside firewood collection area and season 4
57R Person may nominate another to cut and take away
fallen or felled trees for firewood 6
57S Firewood collection season 7
57T Secretary may vary firewood collection season 7
57U Secretary may determine firewood collection areas 8
57V Identification of firewood collection areas 9
57W Offence to cut or take away fallen or felled trees in
firewood collection area unless a class member or
nominated by class member 10
57X Offences as to amount of fallen or felled trees cut or
taken away in a day 11
57Y Household limit of fallen or felled trees cut or taken
away in a financial year 12
57Z Household limit of fallen or felled trees cut and taken
away in a financial year—offences relating to
nominations 13
57ZA Secretary may determine amount of fallen or felled
trees cut and taken away in certain regions 14
57ZB Offence to exceed regional limit 15
57ZC Offence as to sale of fallen or felled trees 16
57ZD Offences relating to conduct in a firewood collection
area 16
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57ZE Production of nomination if requested by authorised
officer 17
57ZF No offence if authorised by licence or authorisation
etc. or regulations 17
6 Protected trees in protected forests 18
7 Production of licence etc. on demand 18
8 Prohibition of cutting etc. timber etc. on certain roads without
authority of Secretary 18
9 Power to direct route for removal etc. of forest produce 18
10 Presumption as to ownership of forest produce 19
11 Search warrant for secreted forest produce 19
12 New section 96D inserted 20
96D Offences not to apply for cutting or taking away
fallen or felled trees for domestic use as firewood 20
13 New section 100B inserted 20
100B Regulations for cutting or taking away fallen or
felled trees in firewood collection areas during
firewood collection seasons 20
PART 3—AMENDMENTS TO THE CROWN LAND
(RESERVES) ACT 1978 22
14 Definitions 22
15 Consent required for procuring of forest produce or carrying
out fire prevention works on reserved land 22
16 New Part 3B inserted 23
PART 3B—CUTTING OR TAKING AWAY FALLEN
OR FELLED TREES FOR DOMESTIC USE AS
FIREWOOD 23
21K Definitions 23
21L Offence to cut or take away fallen or felled trees
outside firewood collection area and season 23
21M Person may nominate another to cut and take away
fallen or felled trees for firewood 25
21N Firewood collection season 26
21O Secretary may vary firewood collection season 26
21P Secretary may determine firewood collection areas 27
21Q Identification of firewood collection areas 29
21R Offence to cut or take away fallen or felled trees in
firewood collection area unless a class member or
nominated by class member 30
21S Offences as to amount of fallen or felled trees cut or
taken away in a day 31
21T Household limit of fallen or felled trees cut or taken
away in a financial year 32
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21U Household limit of fallen or felled trees cut and
taken away in a financial year—offences relating to
nominations 32
21V Limit on amount of fallen or felled trees cut and
taken away in firewood collection areas in certain
regions 33
21W Offence to sell fallen or felled trees 35
21X Offences relating to conduct in a firewood collection
area 35
21Y Production of nomination if requested by authorised
officer 36
21Z No offence if authorised by licence or authorisation
etc. or regulations 36
17 Cutting and taking away fallen or felled trees—Shepparton
Regional Park 37
18 New section 30A inserted 37
30A Ownership of timber 37
19 New section 32 inserted 38
32 Regulations for cutting or taking away fallen or
felled trees in firewood collection areas during
firewood collection seasons 38
20 Cutting and taking away fallen or felled trees—Murray
River Park 39
PART 4—AMENDMENTS TO OTHER ACTS AND REPEAL
OF AMENDING ACT 40
Division 1—Amendment to the Land Act 1958 40
21 Persons found in possession of timber on Crown land 40
Division 2—Amendment to the National Parks Act 1975 41
22 New section 44A inserted 41
44A Offence to cut or take away fallen or felled trees 41
Division 3—Amendment to the Wildlife Act 1975 42
23 New section 21AA inserted 42
21AA Offence to cut or take away fallen or felled trees 42
Division 4—Repeal of amending Act 43
24 Repeal of amending Act 43
═══════════════
ENDNOTES 44
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Authorised by the Chief Parliamentary Counsel
Authorised Version
1
Forests Amendment Act 2012 †
No. 46 of 2012
[Assented to 21 August 2012]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1 Purposes
The main purposes of this Act are—
(a) to amend the Forests Act 1958 to provide
for cutting and taking away fallen or felled
trees in areas of State forest for domestic use
as firewood without a licence or permit; and
Victoria
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Forests Amendment Act 2012
No. 46 of 2012
2
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(b) to amend the Crown Land (Reserves) Act
1978 to provide for cutting and taking away
fallen or felled trees in certain regional parks
for domestic use as firewood without a
permit; and
(c) to make consequential amendments to the
Land Act 1958, the National Parks Act
1975 and the Wildlife Act 1975.
2 Commencement
(1) Subject to subsection (2), this Act comes into
operation on a day or days to be proclaimed.
(2) If a provision of this Act does not come into
operation before 1 September 2012, it comes into
operation on that day.
__________________
s. 2
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PART 2—AMENDMENTS TO THE FORESTS ACT 1958
3 Definitions
In section 3(1) of the Forests Act 1958—
(a) insert the following definitions—
"fallen or felled trees includes parts of fallen
or felled trees;
firewood collection area means an area of
State forest determined by the Secretary
in accordance with section 57U to be a
firewood collection area;
firewood collection season, in relation to a
firewood collection area, means—
(a) a period referred to in section 57S
if the period has not been varied
under section 57T; or
(b) if the period referred to in
section 57S has been varied under
section 57T, the period as so
varied;";
(b) in paragraph (b)(iv) of the definition of
forest produce omit "collected for domestic
use".
4 Section 52A repealed
Section 52A of the Forests Act 1958 is repealed.
5 New firewood collection provisions inserted
After section 57N of the Forests Act 1958
insert—
"Cutting or taking away fallen or felled
trees for domestic use as firewood
57O Definitions
In sections 57P to 57ZF—
See:
Act No.
6254.
Reprint No. 10
as at
8 July 2010
and
amending
Act Nos
54/2010,
62/2010,
73/2010,
29/2011,
5/2012 and
7/2012.
LawToday:
www.
legislation.
vic.gov.au
s. 3
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nominating person means a person who—
(a) in accordance with section 57R
nominates another person to cut
and take away fallen or felled
trees; or
(b) in accordance with section 21M of
the Crown Land (Reserves) Act
1978 nominates another person to
cut and take away fallen or felled
trees;
nominee means a person nominated—
(a) in accordance with section 57R to
cut and take away fallen or felled
trees on behalf of the nominating
person; or
(b) in accordance with section 21M of
the Crown Land (Reserves) Act
1978 to cut and take away fallen
or felled trees on behalf of the
nominating person.
57P No application to timber resources
Nothing in sections 57Q to 57ZF applies to
fallen or felled trees that are timber resources
within the meaning of the Sustainable
Forests (Timber) Act 2004.
57Q Offence to cut or take away fallen or felled
trees outside firewood collection area and
season
(1) A person must not cut or take away 2 cubic
metres or less of fallen or felled trees in State
forest.
Penalty: 20 penalty units.
s. 5
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(2) A person must not cut or take away more
than 2 cubic metres of fallen or felled trees in
State forest.
Penalty: 50 penalty units or imprisonment
for 1 year or both.
(3) Subsections (1) and (2) do not apply to a
person who—
(a) cuts or takes away fallen or felled trees
in State forest in accordance with a
lease, licence, permit or authorisation
held by the person under this Act or any
other Act; or
(b) cuts or takes away fallen or felled trees
in State forest in accordance with the
regulations or regulations under any
other Act.
(4) Subsections (1) and (2) do not apply to a
person who cuts or takes away fallen or
felled trees if—
(a) the person cuts or takes away the fallen
or felled trees—
(i) in a firewood collection area; and
(ii) during a firewood collection
season applying to that area; and
(b) the person cuts or takes away the fallen
or felled trees for domestic use as
firewood in the person's household or in
a nominating person's household.
(5) Subsections (1) and (2) do not apply to a
person who is a member of a traditional
owner group entity when that person is
acting under and in accordance with an
authorisation order given under section 84 of
the Traditional Owner Settlement Act
2010.
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57R Person may nominate another to cut and
take away fallen or felled trees for
firewood
(1) A person who is unable to cut and take away
fallen or felled trees may nominate another
person to cut and take away fallen or felled
trees on his or her behalf.
(2) A nomination under subsection (1) must—
(a) be made in the prescribed form; and
(b) specify the maximum amount
(not exceeding 16 cubic metres) of
fallen or felled trees that may be cut
and taken away by the nominee in a
financial year.
(3) A person must not specify a maximum
amount of fallen or felled trees in a
nomination if that amount would exceed
16 cubic metres for a financial year when
added to all maximum amounts specified
in—
(a) any other nominations made by the
person, whether under this section or
section 21M of the Crown Land
(Reserves) Act 1978; and
(b) any nominations made by members of
the person's household, whether under
this section or section 21M of the
Crown Land (Reserves) Act 1978.
Penalty: 50 penalty units or imprisonment
for 1 year or both.
s. 5
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(4) A person must not nominate another person
to cut and take away fallen or felled trees
other than for domestic use as firewood in
the nominating person's household.
Penalty: 50 penalty units or imprisonment
for 1 year or both.
(5) A person nominated to cut and take away
fallen or felled trees must not request or
accept payment or reward for the cutting and
taking away of fallen or felled trees.
Penalty: 50 penalty units or imprisonment
for 1 year or both.
57S Firewood collection season
Subject to section 57T, the following
firewood collection seasons apply in each
financial year to a firewood collection area—
(a) the period commencing on 1 September
and ending on 30 November; and
(b) the period commencing on 1 March and
ending on 30 June.
57T Secretary may vary firewood collection
season
(1) The Secretary may make a determination
varying the commencement date or end date
of a firewood collection season in a
particular financial year as it applies to—
(a) all firewood collection areas; or
(b) all firewood collection areas located in
a specified region of the State.
(2) The Secretary must not make a
determination under subsection (1) unless the
Secretary considers the variation is necessary
because of a condition, or likely condition, of
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fire danger that poses risk, or is likely to
pose risk, to public safety.
(3) A determination varying a firewood
collection season must be published in the
Government Gazette.
(4) A determination varying a firewood
collection season comes into operation on—
(a) the date on which it is published in the
Government Gazette; or
(b) any later date specified in the
determination.
57U Secretary may determine firewood
collection areas
(1) The Secretary may determine an area of
State forest to be a firewood collection area.
(2) A determination under subsection (1) must
identify the area of State forest to which it
applies by reference to a plan lodged in the
Central Plan Office.
(3) For the purposes of subsection (2), the
determination may apply, adopt or
incorporate any matter contained in any
document formulated, issued, prescribed or
published by any person, whether—
(a) wholly or partly; or
(b) as formulated, issued, prescribed or
published at the time the determination
was made or at any time before that
time.
(4) If the Secretary is satisfied that it is
necessary for management of the supply of
fallen or felled trees for domestic use as
firewood in a region of the State, a
determination of a firewood collection area
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located in that region may specify a class or
classes of persons who may, or whose
nominees may, cut and take away fallen or
felled trees in that firewood collection area.
(5) The Secretary may—
(a) amend a determination made under
subsection (1);
(b) revoke a determination made under
subsection (1), including by providing
for a date of revocation in the
determination.
(6) A determination of a firewood collection
area, or an amendment or revocation of a
determination, must be published in the
Government Gazette.
(7) A determination of a firewood collection
area, or an amendment or revocation of a
determination, comes into operation on—
(a) the date on which it is published in the
Government Gazette; or
(b) any later date specified in the
determination.
57V Identification of firewood collection areas
(1) As soon as practicable after a determination
made under section 57U(1) comes into
operation, the Secretary must cause signs or
notices informing the public of the
determination to be displayed at the firewood
collection area in such a place and manner
that the signs or notices are reasonably likely
to be seen by any person entering the area.
(2) As soon as practicable after an amendment
of a determination made under section
57U(1) comes into operation, the Secretary
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must cause the signs or notices displayed at
the firewood collection area to be amended.
(3) As soon as practicable after a determination
made under section 57U(1) is revoked, the
Secretary must cause the removal of signs or
notices displayed at the firewood collection
area.
(4) If the determination specifies a class or
classes of person who may cut and take
away, or whose nominees may cut and take
away, fallen or felled trees in a firewood
collection area, the signs or notices must
include that information.
(5) If the firewood collection area is located in a
region to which a determination under
section 57ZA(1) applies, the signs or notices
must state the maximum amount of fallen or
felled trees that may be cut and taken away
in a financial year in firewood collection
areas in that region for domestic use as
firewood in a household.
57W Offence to cut or take away fallen or felled
trees in firewood collection area unless a
class member or nominated by class
member
(1) If a determination of a firewood collection
area under section 57U specifies a class or
classes of persons who may cut and take
away fallen or felled trees in that area, a
person must not, in that area during a
firewood collection season, cut or take away
2 cubic metres or less of fallen or felled trees
unless—
(a) the person is a member of a class
specified in the determination; or
s. 5
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(b) the person is a nominee and the
nominating person is a member of a
class specified in the determination.
Penalty: 20 penalty units.
(2) If a determination of a firewood collection
area under section 57U specifies a class or
classes of persons who may cut and take
away fallen or felled trees in that area, a
person must not, in that area during a
firewood collection season, cut or take away
more than 2 cubic metres of fallen or felled
trees unless—
(a) the person is a member of a class
specified in the determination; or
(b) the person is a nominee and the
nominating person is a member of a
class specified in the determination.
Penalty: 50 penalty units or imprisonment
for 1 year or both.
57X Offences as to amount of fallen or felled
trees cut or taken away in a day
(1) A person must not, in any one or more
firewood collection areas during a firewood
collection season applying to the area or
areas, cut or take away more than 2 cubic
metres but less than 4 cubic metres of fallen
or felled trees in a day.
Penalty: 20 penalty units.
(2) A person must not, in any one or more
firewood collection areas during a firewood
collection season applying to the area or
areas, cut or take away 4 cubic metres or
more of fallen or felled trees in a day.
Penalty: 50 penalty units or imprisonment
for 1 year or both.
s. 5
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(3) Subsections (1) and (2) apply whether or not
the person cuts or takes away fallen or felled
trees as a nominee.
(4) In this section and sections 57Y to 57ZB—
firewood collection area includes a firewood
collection area determined under
section 21P of the Crown Land
(Reserves) Act 1978;
firewood collection season includes a
firewood collection season within the
meaning of the Crown Land
(Reserves) Act 1978.
57Y Household limit of fallen or felled trees cut
or taken away in a financial year
In a financial year, a person must not, in any
one or more firewood collection areas during
firewood collection seasons applying to the
area or areas, cut or take away fallen or
felled trees for domestic use as firewood in
that person's household if the amount of
fallen or felled trees previously cut or taken
away (or nominated to be cut and taken away
by nominees) in that financial year in any
one or more firewood collection areas during
firewood collection seasons applying to the
area or areas for domestic use as firewood in
that person's household is 16 cubic metres or
more.
Penalty: 50 penalty units or imprisonment
for 1 year or both.
s. 5
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57Z Household limit of fallen or felled trees cut
and taken away in a financial year—
offences relating to nominations
(1) In a financial year, a person must not
nominate another person under section 57R
to cut or take away fallen or felled trees for
domestic use as firewood in that person's
household if the amount of fallen or felled
trees previously cut or taken away
(or nominated to be cut and taken away by
nominees) in that financial year in any one or
more firewood collection areas during
firewood collection seasons applying to the
area or areas for domestic use as firewood in
that person's household is 16 cubic metres or
more.
Penalty: 50 penalty units or imprisonment
for 1 year or both.
(2) In a financial year, a nominating person must
not specify in a nomination under
section 57R an amount of fallen or felled
trees that, when added to the amount of
fallen or felled trees previously cut or taken
away (or nominated to be cut and taken away
by nominees) in that financial year in any
one or more firewood collection areas during
firewood collection seasons applying to the
area or areas for domestic use as firewood in
that person's household would exceed
16 cubic metres.
Penalty: 50 penalty units or imprisonment
for 1 year or both.
(3) In a financial year, a nominee must not in
any one or more firewood collection areas
during firewood collection seasons applying
to the area or areas, cut or take away fallen
or felled trees for domestic use as firewood
s. 5
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in the nominating person's household if, in
that financial year, the nominee has
previously cut or taken away the amount of
fallen or felled trees specified as the
maximum amount in the nomination under
section 57R.
Penalty: 50 penalty units or imprisonment
for 1 year or both.
57ZA Secretary may determine amount of fallen
or felled trees cut and taken away in
certain regions
(1) The Secretary may determine the amount of
fallen or felled trees that, in any financial
year, may be cut and taken away in any one
or more firewood collection areas in a region
for domestic use as firewood in a household.
(2) Before making a determination setting the
amount, the Secretary must be satisfied that
the determination is necessary for
management of the supply of fallen or felled
trees for domestic use as firewood in the
region.
(3) A determination under subsection (1) must
specify—
(a) the region in which it applies; and
(b) the amount (being less than 16 cubic
metres) of fallen or felled trees that
may be cut and taken away in firewood
collection areas in that region for
domestic use as firewood in a financial
year.
(4) The Secretary must not make a
determination under subsection (1) relating
to a financial year after the commencement
of a firewood collection season in that
financial year.
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(5) A determination under subsection (1) must
be published in the Government Gazette.
57ZB Offence to exceed regional limit
(1) In a financial year, a person must not in any
one or more firewood collection areas to
which a determination under section
57ZA(1) applies during firewood collection
seasons applying to the area or areas, cut or
take away fallen or felled trees for domestic
use as firewood in that person's household if,
in that financial year, the amount of fallen or
felled trees previously cut or taken away in
the area or areas during firewood collection
seasons applying to the area or areas for
domestic use as firewood in that person's
household has reached at least the limit set in
the determination under section 57ZA(1).
Penalty: 50 penalty units or imprisonment
for 1 year or both.
(2) In a financial year, a nominee must not in
any one or more firewood collection areas to
which a determination under section
57ZA(1) applies during firewood collection
seasons applying to the area or areas, cut or
take away fallen or felled trees for domestic
use as firewood in the nominating person's
household if, in that financial year, the
amount of fallen or felled trees previously
cut or taken away by the nominee in the area
or areas during firewood collection seasons
applying to the area or areas for domestic use
as firewood in the nominating person's
household has reached at least the limit of
fallen or felled trees set in the determination
under section 57ZA(1).
Penalty: 50 penalty units or imprisonment
for 1 year or both.
s. 5
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57ZC Offence as to sale of fallen or felled trees
(1) A person must not sell fallen or felled trees
that the person has cut or taken away in a
firewood collection area during a firewood
collection season.
Penalty: 50 penalty units or imprisonment
for 1 year or both.
(2) A nominating person must not sell fallen or
felled trees that that person's nominee has cut
or taken away in a firewood collection area
during a firewood collection season.
Penalty: 50 penalty units or imprisonment
for 1 year or both.
57ZD Offences relating to conduct in a firewood
collection area
(1) A person must not, in a firewood collection
area during a firewood collection season, cut
or take away fallen or felled trees that are
visibly hollow.
Penalty: 20 penalty units.
(2) A person must not, in a firewood collection
area during a firewood collection season, cut
or take away fallen or felled trees growing
moss or fungi.
Penalty: 20 penalty units.
(3) A person must not, in a firewood collection
area during a firewood collection season,
fell, cut, chop, break off, dent, scrape or push
over a standing tree (whether living or dead)
that has a diameter of up to 15 centimetres at
a height of 1·3 metres above the ground.
Penalty: 50 penalty units.
s. 5
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(4) A person must not, in a firewood collection
area during a firewood collection season,
fell, cut, chop, break off, dent, scrape or push
over a standing tree (whether living or dead)
that has a diameter of 15 centimetres or more
at a height of 1·3 metres above the ground.
Penalty: 50 penalty units or imprisonment
for 1 year or both.
57ZE Production of nomination if requested by
authorised officer
A nominee must not, without reasonable
excuse, fail to produce the nomination form
if requested by an authorised officer.
Penalty: 5 penalty units.
57ZF No offence if authorised by licence or
authorisation etc. or regulations
(1) Sections 57W, 57X, 57Y, 57ZB, 57ZC and
57ZD do not apply to a person who—
(a) cuts or takes away fallen or felled trees
in State forest in accordance with a
lease, licence, permit or authorisation
held by the person under this Act or any
other Act; or
(b) cuts or takes away fallen or felled trees
in State forest in accordance with the
regulations or regulations under any
other Act.
(2) Sections 57W, 57X, 57Y, 57ZB, 57ZC and
57ZD do not apply to a person who is a
member of a traditional owner group entity
when that person is acting under and in
accordance with an authorisation order given
under section 84 of the Traditional Owner
Settlement Act 2010.".
s. 5
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6 Protected trees in protected forests
After section 59(1A) of the Forests Act 1958
insert—
"(1B) Subsection (1) does not apply to a person
who is a member of a traditional owner
group entity when that person is acting under
and in accordance with an authorisation
order given under section 84 of the
Traditional Owner Settlement Act 2010.
(1C) Subsection (1) does not apply to a person
who cuts or takes away fallen or felled trees
in accordance with section 57Q(4).".
7 Production of licence etc. on demand
In section 75 of the Forests Act 1958, for
"½ penalty unit" substitute "5 penalty units".
8 Prohibition of cutting etc. timber etc. on certain
roads without authority of Secretary
(1) In section 77(1) of the Forests Act 1958, for
"subsection (1A)" substitute "subsections (1A)
and (1B)".
(2) After section 77(1A) of the Forests Act 1958
insert—
"(1B) Subsection (1) does not apply to fallen or
felled trees in or on a road that is in a
firewood collection area, if the fallen or
felled trees are cut or taken away in
accordance with section 57Q(4).".
9 Power to direct route for removal etc. of forest
produce
(1) Section 79(5) of the Forests Act 1958 is
repealed.
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(2) For section 79(6) of the Forests Act 1958
substitute—
"(6) A person must not remove or take any forest
produce or timber resources through or from
any forest contrary to any direction given
under subsection (1).
Penalty: 20 penalty units.
(6A) A person must not, without the authority in
writing of an authorised officer, remove or
take any forest produce or timber resources
from any forest—
(a) after 30 minutes after sunset on any
day; or
(b) before 30 minutes before sunrise on any
day.
Penalty: 20 penalty units.".
10 Presumption as to ownership of forest produce
(1) In section 82(1) of the Forests Act 1958, after
"any forest produce" insert "other than timber,".
(2) After section 82(1) of the Forests Act 1958
insert—
"(1A) In any proceedings under this Act with
respect to forest produce that is timber, the
forest produce is, in the absence of evidence
to the contrary, taken to be the property of
the Crown.".
11 Search warrant for secreted forest produce
At the end of section 83 of the Forests Act 1958
insert—
"(2) On the evidence on oath or by affidavit of
any authorised officer or member of the
police force stating his or her belief that
timber that has been cut, removed or
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otherwise dealt with contrary to the
provisions of this Act are secreted in any
place other than a forest the Magistrates'
Court may issue a warrant to search for such
timber.".
12 New section 96D inserted
After section 96C of the Forests Act 1958
insert—
"96D Offences not to apply for cutting or taking
away fallen or felled trees for domestic use
as firewood
(1) Section 96(h), (j), (k) and (o) do not apply to
a person if the person cuts or takes away
fallen or felled trees in accordance with
section 57Q(4).
(2) Section 96(o) does not apply to a person in
possession of forest produce that is fallen or
felled trees if the fallen or felled trees were
cut or taken away by a nominee of the person
in accordance with section 57Q(4).".
13 New section 100B inserted
After section 100A of the Forests Act 1958
insert—
"100B Regulations for cutting or taking away
fallen or felled trees in firewood collection
areas during firewood collection seasons
(1) The Governor in Council may make
regulations for or with respect to cutting or
taking away fallen or felled trees in firewood
collection areas during firewood collection
seasons, including regulations for or with
respect to—
(a) days on which fallen or felled trees may
be cut or taken away; and
s. 12
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(b) the manner in which fallen or felled
trees may be cut or taken away; and
(c) use of vehicles and equipment in
firewood collection areas; and
(d) protection of the environment in
firewood collection areas; and
(e) public safety in firewood collection
areas.
(2) The regulations—
(a) may be of general or limited
application; and
(b) may differ according to differences in
time, place or circumstance; and
(c) may impose penalties not exceeding
20 penalty units for contravention of
the regulations.".
__________________
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PART 3—AMENDMENTS TO THE CROWN LAND
(RESERVES) ACT 1978
14 Definitions
In section 3 of the Crown Land (Reserves) Act
1978 insert the following definitions—
"fallen or felled trees includes parts of fallen or
felled trees;
firewood collection area means land determined
by the Secretary in accordance with
section 21P to be a firewood collection area;
firewood collection season, in relation to a
firewood collection area, means—
(a) a period referred to in section 21N if
the period has not been varied; or
(b) if the period referred to in section 21N
has been varied under section 21O, the
period as so varied;
tree or trees has the same meaning as in
section 3(1) of the Forests Act 1958;".
15 Consent required for procuring of forest produce or
carrying out fire prevention works on reserved land
After section 20(1) of the Crown Land
(Reserves) Act 1978 insert—
"(1A) Subsection (1) does not apply to a
determination of a firewood collection area
by the Secretary under section 21P.".
See:
Act No.
9212.
Reprint No. 10
as at
1 July 2011
and
amending
Act Nos
65/2010,
7/2012 and
17/2012.
LawToday:
www.
legislation.
vic.gov.au
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16 New Part 3B inserted
After Part 3A of the Crown Land (Reserves) Act
1978 insert—
"PART 3B—CUTTING OR TAKING AWAY
FALLEN OR FELLED TREES FOR DOMESTIC
USE AS FIREWOOD
21K Definitions
In this Part—
nominating person means a person who—
(a) in accordance with section 21M
nominates another person to cut
and take away fallen or felled
trees; or
(b) in accordance with section 57R of
the Forests Act 1958 nominates
another person to cut and take
away fallen or felled trees;
nominee means a person nominated—
(a) in accordance with section 21M to
cut and take away fallen or felled
trees on behalf of the nominating
person; or
(b) in accordance with section 57R of
the Forests Act 1958 to cut and
take away fallen or felled trees on
behalf of the nominating person.
21L Offence to cut or take away fallen or felled
trees outside firewood collection area and
season
(1) A person must not cut or take away 2 cubic
metres or less of fallen or felled trees from
land reserved under this Act.
Penalty: 20 penalty units.
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(2) A person must not cut or take away more
than 2 cubic metres of fallen or felled trees
from land reserved under this Act.
Penalty: 50 penalty units or imprisonment
for 1 year or both.
(3) Subsections (1) and (2) do not apply to a
person who—
(a) cuts or takes away fallen or felled trees
from land reserved under this Act in
accordance with a lease, licence, permit
or authorisation held by the person
under this Act or any other Act; or
(b) cuts or takes away fallen or felled trees
from land reserved under this Act in
accordance with the regulations or
regulations under any other Act.
(4) Subsections (1) and (2) do not apply to a
person who cuts or takes away fallen or
felled trees if—
(a) the person cuts or takes away the fallen
or felled trees—
(i) in a firewood collection area; and
(ii) during a firewood collection
season applying to that area; and
(b) the person cuts or takes away the fallen
or felled trees for domestic use as
firewood in the person's household or a
nominating person's household.
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21M Person may nominate another to cut and
take away fallen or felled trees for
firewood
(1) A person who is unable to cut and take away
fallen or felled trees may nominate another
person to cut and take away fallen or felled
trees on his or her behalf.
(2) A nomination under subsection (1) must—
(a) be made in the prescribed form; and
(b) specify the maximum amount
(not exceeding 16 cubic metres) of
fallen or felled trees that may be cut
and taken away by the nominee in a
financial year.
(3) A person must not specify a maximum
amount of fallen or felled trees in a
nomination if that amount would exceed
16 cubic metres for a financial year when
added to all maximum amounts specified
in—
(a) any other nominations made by the
person, whether under this section or
section 57R of the Forests Act 1958;
and
(b) any nominations made by members of
the person's household, whether under
this section or section 57R of the
Forests Act 1958.
Penalty: 50 penalty units or imprisonment
for 1 year or both.
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(4) A person must not nominate another person
to cut and take away fallen or felled trees
other than for domestic use for firewood in
the nominating person's household.
Penalty: 50 penalty units or imprisonment
for 1 year or both.
(5) A person nominated to cut and take away
fallen or felled trees must not request or
accept payment or reward for the cutting and
taking away of fallen or felled trees.
Penalty: 50 penalty units or imprisonment
for 1 year or both.
21N Firewood collection season
Subject to section 21O, the following
firewood collection seasons apply in each
financial year to a firewood collection area—
(a) the period commencing on 1 September
and ending on 30 November; and
(b) the period commencing on 1 March and
ending on 30 June.
21O Secretary may vary firewood collection
season
(1) The Secretary may make a determination
varying the commencement date or end date
of a firewood collection season in a
particular financial year as it applies to—
(a) all firewood collection areas; or
(b) all firewood collection areas located in
a specified regional park.
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(2) The Secretary must not make a
determination under subsection (1) unless the
Secretary considers the variation is necessary
because of a condition, or likely condition, of
fire danger that poses risk, or is likely to
pose risk, to public safety.
(3) A determination varying a firewood
collection season must be published in the
Government Gazette.
(4) A determination varying a firewood
collection season comes into operation on—
(a) the date on which it is published in the
Government Gazette; or
(b) any later date specified in the
determination.
21P Secretary may determine firewood
collection areas
(1) Subject to subsection (2), the Secretary may
determine an area of land to be a firewood
collection area if it is—
(a) part of the land described in
Division 2A of Part 4A of the Fifth
Schedule; or
(b) part of the land described in Division 5
of Part 4A of the Fifth Schedule.
(2) Before determining an area of land to be a
firewood collection area, the Secretary must
consult the person or body having control
and management of the land unless that
person or body is the Secretary.
(3) A determination under subsection (1) must
identify the part of the land to which it
applies by reference to a plan lodged in the
Central Plan Office.
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(4) For the purposes of subsection (3), the
determination may apply, adopt or
incorporate any matter contained in any
document formulated, issued, prescribed or
published by any person, whether—
(a) wholly or partly; or
(b) as formulated, issued, prescribed or
published at the time the determination
was made or at any time before that
time.
(5) If the Secretary is satisfied that it is
necessary for management of the supply of
fallen or felled trees for domestic use as
firewood in a region of the State, a
determination of a firewood collection area
located in that region may specify a class or
classes of persons who may, or whose
nominees may, cut and take away fallen or
felled trees in that firewood collection area.
(6) The Secretary may—
(a) amend a determination made under
subsection (1);
(b) revoke a determination made under
subsection (1), including by providing
for a date of revocation in the
determination.
(7) A determination of a firewood collection
area, or an amendment or revocation of a
determination of a firewood collection area,
must be published in the Government
Gazette.
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(8) A determination of a firewood collection
area, or an amendment or revocation of a
determination, comes into operation on—
(a) the date on which it is published in the
Government Gazette; or
(b) any later date specified in the
determination.
21Q Identification of firewood collection areas
(1) As soon as practicable after a determination
made under section 21P(1) comes into
operation, the Secretary must cause signs or
notices informing the public of the
determination to be displayed at the firewood
collection area in such a place and manner
that the signs or notices are reasonably likely
to be seen by any person entering the area.
(2) As soon as practicable after an amendment
of a determination made under section
21P(1) comes into operation, the Secretary
must cause the signs or notices displayed at
the firewood collection area to be amended.
(3) As soon as practicable after a determination
made under section 21P(1) is revoked, the
Secretary must cause the removal of signs or
notices displayed at the firewood collection
area.
(4) If the determination specifies a class or
classes of person who may, or whose
nominees may, cut and take away fallen or
felled trees in a firewood collection area, the
signs or notices must include that
information.
(5) If the firewood collection area is located in a
region to which a determination under
section 57ZA(1) of the Forests Act 1958
applies, the signs or notices must state the
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maximum amount of fallen or felled trees
that may be cut and taken away in firewood
collection areas in that region in a financial
year for domestic use as firewood in a
household.
21R Offence to cut or take away fallen or felled
trees in firewood collection area unless a
class member or nominated by class
member
(1) If a determination of a firewood collection
area under section 21P specifies a class or
classes of persons who may cut and take
away fallen or felled trees in that area, a
person must not, in that area during a
firewood collection season, cut or take away
2 cubic metres or less of fallen or felled trees
unless—
(a) the person is a member of a class
specified in the determination; or
(b) the person is a nominee and the
nominating person is a member of a
class specified in the determination.
Penalty: 20 penalty units.
(2) If a determination of a firewood collection
area under section 21P specifies a class or
classes of persons who may cut and take
away fallen or felled trees in that area, a
person must not, in that area during a
firewood collection season, cut or take away
more than 2 cubic metres of fallen or felled
trees unless—
(a) the person is a member of a class
specified in the determination; or
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(b) the person is a nominee and the
nominating person is a member of a
class specified in the determination.
Penalty: 50 penalty units or imprisonment
for 1 year or both.
21S Offences as to amount of fallen or felled
trees cut or taken away in a day
(1) A person must not, in any one or more
firewood collection areas during a firewood
collection season applying to the area or
areas, cut or take away more than 2 cubic
metres but less than 4 cubic metres of fallen
or felled trees in a day.
Penalty: 20 penalty units.
(2) A person must not, in any one or more
firewood collection areas during a firewood
collection season applying to the area or
areas, cut or take away 4 cubic metres or
more of fallen or felled trees in a day.
Penalty: 50 penalty units or imprisonment
for 1 year or both.
(3) Subsections (1) and (2) apply whether or not
the person cuts or takes away fallen or felled
trees as a nominee.
(4) In this section and sections 21T to 21V—
firewood collection area includes a firewood
collection area determined under
section 57U of the Forests Act 1958;
firewood collection season includes a
firewood collection season within the
meaning of the Forests Act 1958.
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21T Household limit of fallen or felled trees cut
or taken away in a financial year
In a financial year, a person must not, in any
one or more firewood collection areas during
firewood collection seasons applying to the
area or areas, cut or take away fallen or
felled trees for domestic use as firewood in
that person's household if the amount of
fallen or felled trees previously cut or taken
away (or nominated to be cut and taken away
by nominees) in that financial year in any
one or more firewood collection areas during
firewood collection seasons applying to the
area or areas for domestic use as firewood in
that person's household is 16 cubic metres or
more.
Penalty: 50 penalty units or imprisonment
for 1 year or both.
21U Household limit of fallen or felled trees cut
and taken away in a financial year—
offences relating to nominations
(1) In a financial year, a person must not
nominate another person under section 21M
to cut or take away fallen or felled trees for
domestic use as firewood in that person's
household if the amount of fallen or felled
trees previously cut or taken away
(or nominated to be cut and taken away by
nominees) in that financial year in any one or
more firewood collection areas during
firewood collection seasons applying to the
area or areas for domestic use as firewood in
that person's household is 16 cubic metres or
more.
Penalty: 50 penalty units or imprisonment
for 1 year or both.
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(2) In a financial year, a nominating person must
not specify in a nomination under
section 21M an amount of fallen or felled
trees that, when added to the amount of
fallen or felled trees previously cut or taken
away (or nominated to be cut and taken away
by nominees) in that financial year in any
one or more firewood collection areas during
firewood collection seasons applying to the
area or areas for domestic use as firewood in
that person's household would exceed
16 cubic metres.
Penalty: 50 penalty units or imprisonment
for 1 year or both.
(3) In a financial year, a nominee must not in
any one or more firewood collection areas
during firewood collection seasons applying
to the area or areas, cut or take away fallen
or felled trees for domestic use as firewood
in the nominating person's household if, in
that financial year, the nominee has
previously cut or taken away the amount of
fallen or felled trees specified as the
maximum amount in the nomination under
section 21M.
Penalty: 50 penalty units or imprisonment
for 1 year or both.
21V Limit on amount of fallen or felled trees
cut and taken away in firewood collection
areas in certain regions
(1) In a financial year, a person must not in any
one or more firewood collection areas in a
region to which a determination under
section 57ZA(1) of the Forests Act 1958
applies during firewood collection seasons
applying to the area or areas, cut or take
away fallen or felled trees for domestic use
s. 16
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as firewood in that person's household if, in
that financial year, the amount of fallen or
felled trees previously cut or taken away in
the area or areas during firewood collection
seasons applying to the area or areas for
domestic use as firewood in that person's
household has reached at least the limit
determined under section 57ZA(1) of the
Forests Act 1958.
Penalty: 50 penalty units or imprisonment
for 1 year or both.
(2) In a financial year, a nominee must not in
any one or more firewood collection areas in
a region to which a determination under
section 57ZA(1) of the Forests Act 1958
applies during firewood collection seasons
applying to the area or areas, cut or take
away fallen or felled trees for domestic use
as firewood in the nominating person's
household if, in that financial year, the
amount of fallen or felled trees previously
cut or taken away by the nominee in the area
or areas during firewood collection seasons
applying to the area or areas for domestic use
as firewood in the nominating person's
household has reached at least the limit
determined under section 57ZA(1) of the
Forests Act 1958.
Penalty: 50 penalty units or imprisonment
for 1 year or both.
s. 16
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21W Offence to sell fallen or felled trees
(1) A person must not sell fallen or felled trees
that the person has cut and taken away in a
firewood collection area during a firewood
collection season.
Penalty: 50 penalty units or imprisonment
for 1 year or both.
(2) A nominating person must not sell fallen or
felled trees that that person's nominee has cut
and taken away in a firewood collection area
during a firewood collection season.
Penalty: 50 penalty units or imprisonment
for 1 year or both.
21X Offences relating to conduct in a firewood
collection area
(1) A person must not, in a firewood collection
area during a firewood collection season, cut
or take away fallen or felled trees that are
visibly hollow.
Penalty: 20 penalty units.
(2) A person must not, in a firewood collection
area during a firewood collection season, cut
or take away fallen or felled trees growing
moss or fungi.
Penalty: 20 penalty units.
(3) A person must not, in a firewood collection
area during a firewood collection season, cut
or take away fallen or felled trees other than
during the period—
(a) commencing 30 minutes before sunrise
on a day; and
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(b) ending 30 minutes after sunset on the
same day.
Penalty: 20 penalty units.
(4) A person must not, in a firewood collection
area during a firewood collection season,
fell, cut, chop, break off, dent, scrape or push
over a standing tree (whether living or dead)
that has a diameter of up to 15 centimetres at
a height of 1·3 metres above the ground.
Penalty: 50 penalty units.
(5) A person must not, in a firewood collection
area during a firewood collection season,
fell, cut, chop, break off, dent, scrape or push
over a standing tree (whether living or dead)
that has a diameter of 15 centimetres or more
at a height of 1·3 metres above the ground.
Penalty: 50 penalty units or imprisonment
for 1 year or both.
21Y Production of nomination if requested by
authorised officer
A nominee must not, without reasonable
excuse, fail to produce the nomination form
if requested by an authorised officer.
Penalty: 5 penalty units.
21Z No offence if authorised by licence or
authorisation etc. or regulations
Sections 21R, 21S, 21T, 21V, 21W and 21X
do not apply to a person who—
(a) cuts or takes away fallen or felled trees
from land reserved under this Act in
accordance with a lease, licence, permit
or authorisation held by the person
under this Act or any other Act; or
s. 16
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(b) cuts or takes away fallen or felled trees
from land reserved under this Act in
accordance with the regulations or
regulations under any other Act.
__________________".
17 Cutting and taking away fallen or felled trees—
Shepparton Regional Park
(1) For the heading to section 29IB of the Crown
Land (Reserves) Act 1978 substitute—
"Cutting and taking away fallen or felled
trees—Shepparton Regional Park".
(2) Section 29IB(1) of the Crown Land (Reserves)
Act 1978 is repealed.
(3) In section 29IB(2) of the Crown Land (Reserves)
Act 1978, for "forest produce" substitute "fallen
or felled trees".
18 New section 30A inserted
After section 30 of the Crown Land (Reserves)
Act 1978 insert—
"30A Ownership of timber
(1) In any proceedings for an offence under this
Act with respect to cutting or taking away of
timber from the land described in
Division 2A or Division 5 of Part 4A of the
Fifth Schedule, if the person charged with
the offence was found in possession of the
timber that is the subject of the offence on
that land, in the absence of evidence to the
contrary, the timber is taken to be the
property of the Crown.
(2) In this section—
timber has the same meaning as in
section 3(1) of the Forests Act 1958.".
s. 17
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19 New section 32 inserted
After section 31 of the Crown Land (Reserves)
Act 1978 insert—
"32 Regulations for cutting or taking away
fallen or felled trees in firewood collection
areas during firewood collection seasons
(1) The Governor in Council may make
regulations for or with respect to cutting or
taking away fallen or felled trees in firewood
collection areas during firewood collection
seasons, including regulations for or with
respect to—
(a) days on which fallen or felled trees may
be cut or taken away; and
(b) the manner in which fallen or felled
trees may be cut or taken away; and
(c) use of vehicles and equipment in
firewood collection areas; and
(d) protection of the environment in
firewood collection areas; and
(e) public safety in firewood collection
areas; and
(f) any matter authorised or permitted to be
prescribed or necessary to be prescribed
for the purposes of Part 3B.
(2) The regulations—
(a) may be of general or limited
application; and
(b) may differ according to differences in
time, place or circumstance; and
(c) may impose penalties not exceeding
20 penalty units for contravention of
the regulations.".
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20 Cutting and taking away fallen or felled trees—
Murray River Park
(1) For the heading to section 63B of the Crown
Land (Reserves) Act 1978 substitute—
"Cutting and taking away fallen or felled
trees—Murray River Park".
(2) Section 63B(1) of the Crown Land (Reserves)
Act 1978 is repealed.
(3) In section 63B(2) of the Crown Land (Reserves)
Act 1978, for "forest produce" substitute "fallen
or felled trees".
__________________
s. 20
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PART 4—AMENDMENTS TO OTHER ACTS AND REPEAL
OF AMENDING ACT
Division 1—Amendment to the Land Act 1958
21 Persons found in possession of timber on Crown
land
At the end of section 200 of the Land Act 1958
insert—
"(2) Subsection (1) does not apply to the
following—
(a) a person found in possession of timber
in a State forest (within the meaning of
the Forests Act 1958);
(b) a person found in possession of timber
on land described in Division 2A or
Division 5 of Part 4A of the Fifth
Schedule to the Crown Land
(Reserves) Act 1978.
(3) In subsection (2)—
timber has the same meaning as in
section 3(1) of the Forests Act 1958.".
See:
Act No.
6284.
Reprint No. 11
as at
19 August
2004
and
amending
Act Nos
63/2006,
85/2006,
12/2008,
4/2009,
40/2009,
68/2009,
82/2009,
1/2010, 6/2010,
62/2010 and
29/2011.
LawToday:
www.
legislation.
vic.gov.au
s. 21
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41
Authorised by the Chief Parliamentary Counsel
Division 2—Amendment to the National Parks Act 1975
22 New section 44A inserted
After section 44 of the National Parks Act 1975
insert—
"44A Offence to cut or take away fallen or felled
trees
(1) A person must not, in a park, cut or take
away 2 cubic metres or less of fallen or
felled trees.
Penalty: 20 penalty units.
(2) A person must not, in a park, cut or take
away more than 2 cubic metres of fallen or
felled trees.
Penalty: 50 penalty units or imprisonment
for 1 year or both.
(3) Subsections (1) and (2) do not apply to a
person who—
(a) cuts or takes away fallen or felled trees
in a park in accordance with a lease,
licence, permit or authorisation held by
the person under this Act or any other
Act; or
(b) cuts or takes away fallen or felled trees
in a park in accordance with the
regulations or regulations under any
other Act.
(4) In this section—
fallen or felled trees includes parts of fallen
or felled trees;
tree or trees has the same meaning as in
section 3(1) of the Forests Act 1958.".
See:
Act No.
8702.
Reprint No. 13
as at
21 August
2010
and
amending
Act Nos
38/1989,
40/2009,
10/2010,
62/2010,
65/2010,
29/2011 and
7/2012.
LawToday:
www.
legislation.
vic.gov.au
s. 22
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Forests Amendment Act 2012
No. 46 of 2012
42
Authorised by the Chief Parliamentary Counsel
Division 3—Amendment to the Wildlife Act 1975
23 New section 21AA inserted
After section 21 of the Wildlife Act 1975
insert—
"21AA Offence to cut or take away fallen or felled
trees
(1) A person must not cut or take away 2 cubic
metres or less of fallen or felled trees in a
State Wildlife Reserve or a Nature Reserve.
Penalty: 20 penalty units.
(2) A person must not cut or take away more
than 2 cubic metres of fallen or felled trees in
a State Wildlife Reserve or a Nature
Reserve.
Penalty: 50 penalty units or imprisonment
for 1 year or both.
(3) Subsections (1) and (2) do not apply to a
person who—
(a) cuts or takes away fallen or felled trees
in a State Wildlife Reserve or a Nature
Reserve in accordance with a lease,
licence, permit or authorisation held by
the person under this Act or any other
Act; or
(b) cuts or takes away fallen or felled trees
in a State Wildlife Reserve or a Nature
Reserve in accordance with the
regulations or regulations under any
other Act.
See:
Act No.
8699.
Reprint No. 8
as at
29 February
2008
and
amending
Act Nos
45/2008,
40/2009,
68/2009,
82/2009,
6/2010, 7/2010,
62/2010,
65/2010,
78/2010 and
29/2011.
LawToday:
www.
legislation.
vic.gov.au
s. 23
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43
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(4) In this section—
fallen or felled trees includes parts of fallen
or felled trees;
tree or trees has the same meaning as in
section 3(1) of the Forests Act 1958.".
Division 4—Repeal of amending Act
24 Repeal of amending Act
This Act is repealed on 1 September 2013.
Note
The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
═══════════════
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44
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ENDNOTES
† Minister's second reading speech—
Legislative Assembly: 18 April 2012
Legislative Council: 21 June 2012
The long title for the Bill for this Act was "A Bill for an Act to amend the
Forests Act 1958 and the Crown Land (Reserves) Act 1978, to make
consequential amendments to the Land Act 1958, the National Parks
Act 1975 and the Wildlife Act 1975, and for other purposes."
Endnotes
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