Sustainable Forests (Timber) Act 2004

Victorian Legislation Parliamentary Documents i Sustainable Forests (Timber) Act 2004 Act No. 48/2004 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1. Purposes 1 2. Commencement 2 3. Definitions 2 4. Act binds the Crown 5 PART 2—SUSTAINABLE FOREST MANAGEMENT 6 5. Principles of ecologically sustainable development 6 6. Minister to determine sustainability criteria and indicators and reporting requirements 7 7. Determination to be published 8 8. Secretary to report on indicators 8 9. VicForests to provide certain information to the Secretary 8 10. Minister may arrange audits 8 11. Sustainability Charter 9 12. VicForests to respond to Sustainability Charter 9 PART 3—ALLOCATION TO VICFORESTS 11 13. Minister may make allocation order 11 14. Period of allocation order 11 15. Contents of an allocation order 11 16. VicForests' functions under allocation order 12 17. Power to amend or vary allocation order 12 18. Review of allocation of timber resources 13 19. Minister to have regard to certain matters 14 20. What happens after a review? 14 21. Minister to consult on reduction of allocation 15 22. Secretary's powers and functions not affected by order 15 23. Charges 15 24. VicForests required to pay charges 16 -- 1 of 102 -- Victorian Legislation Parliamentary Documents Section Page ii PART 4—MANAGED LICENCES 17 Division 1—Transferred Licences (East) 17 25. VicForests to administer and receive fees from transferred licences (east) 17 26. VicForests powers 17 27. Expiry of licence and no compensation or proceedings 18 Division 2—Transferred Licences (West) 20 28. VicForests to administer and receive fees from transferred licences (west) 20 29. VicForests powers 20 30. Expiry of licence and no compensation or proceedings 21 Division 3—Transferred Agreements 23 31. VicForests to administer and receive fees from transferred agreements 23 32. Powers in respect of transferred agreements 23 Division 4—General 24 33. VicForests cannot grant licence or permit 24 34. Part does not operate to breach contracts etc. 24 35. Ministerial orders 25 PART 5—MANAGEMENT OF TIMBER RESOURCES BY VICFORESTS 26 36. Timber resources are property of the Crown 26 37. VicForests to prepare timber release plan 26 38. Contents of plan 26 39. Plan to be submitted to Secretary 27 40. Secretary may approve plan 27 41. Secretary to publish notice 27 42. Property vests in VicForests on publication of notice 28 43. Review of and changes to approved timber release plan 28 44. VicForests to operate in accordance with approved timber release plan 29 45. Offence to undertake unauthorised timber harvesting operations 29 PART 6—MANAGEMENT OF TIMBER HARVESTING 31 Division 1—Codes of Practice 31 46. Compliance with Codes of Practice 31 47. Minister may arrange audits 31 48. VicForests to respond to audit 32 49. Minister to make findings available 32 -- 2 of 102 -- Victorian Legislation Parliamentary Documents Section Page iii Division 2—Licensing of Timber Harvesting Operators 33 50. Offence to carry out certain activities without a licence 33 51. Offence to engage, contract with or employ unlicensed timber harvesting operators 33 52. Offence to direct contravention of licence or regulations 34 53. Application for licence 34 54. Issue of licence 35 55. Application for renewal 35 56. Secretary may renew licence 35 57. General conditions 36 58. Notice and submissions on change of licence conditions 36 59. Notification of refusal 36 60. Review by VCAT 37 61. Suspension of licence 37 62. Cancellation of licence 38 63. Application for review of suspension or cancellation 38 64. Secretary to appoint panel 38 65. Panel to review Secretary's decision 39 66. Secretary to notify holder of outcome of review 40 67. Decision to cancel or suspend not affected by review process 40 68. Register 40 PART 7—CONDUCT OF TIMBER HARVESTING OPERATIONS 42 69. Direction to produce licence 42 70. Direction in relation to conduct of timber harvesting operations 42 71. Suspension of timber harvesting operation 42 72. What must a suspension notice contain? 43 73. Notices may include directions 43 74. Suspension notice expires once matter remedied 44 75. Offence not to comply with suspension notice 44 76. Appeals against suspension notices 44 77. Occupational Health and Safety Act 1985 prevails 45 PART 8—FIRE PREVENTION AND SUPPRESSION 46 78. Agreements for prevention and suppression of fire 46 79. Secretary may direct VicForests staff 46 80. Secretary and authorised officers may direct timber harvesters 46 81. Person must comply with direction 46 82. Secretary to reimburse for assistance 46 83. Part does not derogate from certain Acts 47 PART 9—ENFORCEMENT 48 84. Requirement to give name and address 48 85. Authorised officers must identify themselves 49 86. Offence to hinder or obstruct an authorised officer 49 -- 3 of 102 -- Victorian Legislation Parliamentary Documents Section Page iv 87. Offence to threaten or abuse an authorised officer 49 88. Power to seize items 50 89. Return of seized items 50 90. Recovery of seized item and compensation 51 91. Forfeiture to Crown 51 92. Court may order forfeiture to the Crown 52 93. Direction to remove obstructions 52 94. Authorised officer may remove obstructions in State forest 53 PART 10—MISCELLANEOUS 55 95. Limitation of Supreme Court's jurisdiction 55 96. Regulations 55 PART 11—AMENDMENTS TO THE FORESTS ACT 1958 57 97. Definitions 57 98. New section 4 inserted 58 4. Forest produce is property of the Crown 58 99. Business of the Secretary 58 100. Repeal of redundant provisions—forest produce definition and timber promotion 58 101. Special powers of the Secretary 59 102. Reserved forests 59 103. Repeal of power to exchange forests lands for unoccupied Crown lands 59 104. Committees of management—reserved forests 60 105. Lease of land in reserved forest 60 106. Licences and permits with respect to forests 61 107. Repeal of entitlement to licence reissue 61 108. New section 52AA inserted 61 52AA. No compensation payable or proceedings able to be taken 61 109. Repeal of sustainable yield provisions 62 110. Dealing with interests in leased land 63 111. Protected forests 63 112. New sections 62A to 62C inserted 63 62A. Secretary may apply and use fire for land and resource management 63 62B. Agreement required for Secretary to apply or use fire in national parks or on protected public land 64 62C. Secretary may enter into agreements and arrangements relating to the prevention and suppression of fires 64 113. Acute fire danger 65 114. Placing inflammable material 66 115. Duty to prevent spread of fire 66 116. Repeal of redundant provisions—dugouts and sawmills 66 -- 4 of 102 -- Victorian Legislation Parliamentary Documents Section Page v 117. Prohibition on cutting timber 67 118. Power to direct route 67 119. Payment of dues and charges 67 120. Presumption as to ownership 68 121. Search warrants 69 122. New sections 95A to 95J inserted 69 95A. Requirement to give name and address 69 95B. Authorised officers must identify themselves 70 95C. Power to remove abandoned goods 71 95D. Owner to be sought and goods returned 71 95E. What if goods are not collected or claimed? 72 95F. Power to seize items 72 95G. Return of seized items 73 95H. Recovery of seized item and compensation 73 95I. Forfeiture to Crown 74 95J. Court may order forfeiture to the Crown 74 123. Offence provisions 75 124. New sections 96A and 96B inserted 75 96A. Offence to hinder or obstruct an authorised officer 75 96B. Offence to threaten or abuse an authorised officer 76 125. New section 98 inserted 76 98. Limitation of Supreme Court's jurisdiction— Sustainable Forests (Timber) Act 2004 76 126. Regulation-making powers 76 PART 12—AMENDMENTS TO THE CONSERVATION, FORESTS AND LANDS ACT 1987 77 127. Definition amended 77 128. Part 5 substituted 77 PART 5—CODES OF PRACTICE 77 31. Power to make Codes of Practice 77 32. Variation and revocation of Code of Practice 78 33. Advertisement of draft Code of Practice, variation or revocation 78 34. Consideration of submissions 78 35. Tabling and disallowance 79 36. Incorporated material to be tabled 79 37. How is a Code of Practice made? 79 38. Availability of Code of Practice 80 39. Compliance with Codes of Practice 80 40. Incorporation of Codes of Practice by regulation 81 129. VicForests staff to be authorised officers 81 130. Section 95A amended 82 -- 5 of 102 -- Victorian Legislation Parliamentary Documents Section Page vi 131. New sections 121 and 122 inserted 83 121. Saving of appointments of authorised officers— Sustainable Forests (Timber) Act 2004 83 122. Codes of Practice—Sustainable Forests (Timber) Act 2004 83 132. Relevant law 83 PART 13—CONSEQUENTIAL AMENDMENTS TO OTHER ACTS AND TRANSITIONAL PROVISIONS 84 Division 1—Consequential Amendments to Other Acts 84 133. Confiscation Act 1997 84 134. Crown Land (Reserves) Act 1978 84 135. Land Act 1958 84 136. National Parks Act 1975 84 137. Planning and Environment Act 1987 84 138. Victorian Plantations Corporation Act 1993 85 139. Redundant Acts repealed 85 Division 2—Transitional Provisions 85 140. General transitional provisions 85 141. Forest operator's licences 86 __________________ SCHEDULES 88 SCHEDULE 1—Transferred Licences (East) 88 SCHEDULE 2—Transferred Licences (West) 91 ═══════════════ ENDNOTES 92 INDEX 93 -- 6 of 102 -- Victorian Legislation Parliamentary Documents 1 Sustainable Forests (Timber) Act 2004† [Assented to 16 June 2004] The Parliament of Victoria enacts as follows: PART 1—PRELIMINARY 1. Purposes The main purposes of this Act are— (a) to provide a framework for sustainable forest management and sustainable timber harvesting in State forests; (b) to amend the Forests Act 1958 and the Conservation, Forests and Lands Act 1987. Victoria No. 48 of 2004 -- 7 of 102 -- Victorian Legislation Parliamentary Documents Part 1—Preliminary Sustainable Forests (Timber) Act 2004 Act No. 48/2004 2 2. Commencement (1) This Part, sections 97, 98, 100(1), 103, 104, 105, 107, 108, 110, 112, 116, 122, 123(1), 124 and 125, Part 12 (except section 130) and Part 13 (except section 138) come into operation on the day after the day on which this Act receives the Royal Assent. (2) Subject to sub-section (5), Division 1 of Part 4, section 95(1) and Schedule 1 come into operation on a day to be proclaimed. (3) Subject to sub-section (5), Division 2 of Part 4, section 95(2) and Schedule 2 come into operation on a day to be proclaimed. (4) Subject to sub-section (5), the remaining provisions of this Act come into operation on a day or days to be proclaimed. (5) If a provision referred to in sub-section (2), (3) or (4) does not come into operation before 1 July 2006, it comes into operation on that day. 3. Definitions In this Act— "allocation order" means an order made in accordance with Part 3; "approved timber release plan" means a timber release plan approved by the Secretary in accordance with Part 5; "authorised officer" has the same meaning as it has in section 3 of the Conservation, Forests and Lands Act 1987; "Code of Practice" has the same meaning as it has in section 3 of the Conservation, Forests and Lands Act 1987; s. 2 -- 8 of 102 -- Victorian Legislation Parliamentary Documents Part 1—Preliminary Sustainable Forests (Timber) Act 2004 Act No. 48/2004 3 "coupe" means a specific area of State forest identified for the purposes of timber harvesting and regeneration in a timber release plan; "forest stand" means a group of trees within a State forest that share common characteristics relating to eucalypt species composition and age; "managed licence" means a transferred agreement, transferred licence (east) or transferred licence (west) which VicForests administers, manages and enforces under Part 4; "Minister for Agriculture" means the Minister administering the Agricultural and Veterinary Chemicals (Control of Use) Act 1992; "principles of ecologically sustainable development" means the principles set out in section 5; "Secretary" means the body corporate established by Part 2 of the Conservation, Forests and Lands Act 1987; "State forest" has the same meaning as it has in the Forests Act 1958; "suspension notice" means a notice issued under section 71; "timber harvesting operations" means any of the following kinds of activities carried out by VicForests or by any other person or body for the purposes of sale or processing and sale— (a) felling or cutting of trees or parts of trees; (b) taking or removing timber; s. 3 -- 9 of 102 -- Victorian Legislation Parliamentary Documents Part 1—Preliminary Sustainable Forests (Timber) Act 2004 Act No. 48/2004 4 (c) delivering timber to a buyer or transporting timber to a place for collection by a buyer or sale to a buyer; (d) any works, including road works, ancillary to any of the activities referred to in paragraphs (a) to (c)— but does not include— (e) those activities when undertaken by or on behalf of the Crown or the Secretary; or (f) the collection of firewood for domestic use; "timber harvesting operator's licence" means a licence issued under Division 2 of Part 6; "timber release plan" means a plan prepared by VicForests in accordance with Part 5; "timber resources" means timber from the trees or parts of trees which are specified as available for timber harvesting in an allocation order but does not include firewood collected for domestic use; "transferred agreement" means— (a) the agreement entered into pursuant to section 21 of the Forests Act 1958 between the Secretary and Harris Daishowa (Australia) Pty Ltd, ACN 000 604 795 and dated 29 September 1997, as amended from time to time in accordance with its terms; (b) an agreement entered into pursuant to section 21 of the Forests Act 1958 to which an order under section 35 applies; s. 3 -- 10 of 102 -- Victorian Legislation Parliamentary Documents Part 1—Preliminary Sustainable Forests (Timber) Act 2004 Act No. 48/2004 5 "transferred licence (east)" means a licence or permit granted under section 52 of the Forests Act 1958 in respect of the east of the State of Victoria— (a) specified in Schedule 1 and in existence immediately before the commencement of that Schedule; or (b) to which an order under section 35 applies; "transferred licence (west)" means a licence or permit granted under section 52 of the Forests Act 1958 in respect of the west of the State of Victoria— (a) specified in Schedule 2 and in existence immediately before the commencement of that Schedule; or (b) to which an order under section 35 applies; "vested timber resources" means timber resources vested in VicForests under section 42; "VicForests" has the same meaning as it has in the Conservation, Forests and Lands Act 1987. 4. Act binds the Crown This Act binds the Crown, not only in right of Victoria, but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities. __________________ s. 4 -- 11 of 102 -- Victorian Legislation Parliamentary Documents Part 2—Sustainable Forest Management Sustainable Forests (Timber) Act 2004 Act No. 48/2004 6 PART 2—SUSTAINABLE FOREST MANAGEMENT 5. Principles of ecologically sustainable development (1) In undertaking sustainable forest management in accordance with this Act, regard is to be had to the principles of ecologically sustainable development set out in this section. (2) Ecologically sustainable development is development that improves the total quality of life, both now and in the future, in a way that maintains the ecological processes on which life depends. (3) The objectives of ecologically sustainable development are— (a) to enhance individual and community well- being and welfare by following a path of economic development that safeguards the welfare of future generations; (b) to provide for equity within and between generations; (c) to protect biological diversity and maintain essential ecological processes and life- support systems. (4) The following are to be considered as guiding principles of ecologically sustainable development— (a) that decision making processes should effectively integrate both long-term and short-term economic, environmental, social and equity considerations; (b) if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for s. 5 -- 12 of 102 -- Victorian Legislation Parliamentary Documents Part 2—Sustainable Forest Management Sustainable Forests (Timber) Act 2004 Act No. 48/2004 7 postponing measures to prevent environmental degradation; (c) the need to consider the global dimension of environmental impacts of actions and policies; (d) the need to develop a strong, growing and diversified economy which can enhance the capacity for environment protection; (e) the need to maintain and enhance international competitiveness in an environmentally sound manner; (f) the need to adopt cost effective and flexible policy instruments such as improved valuation, pricing and incentive mechanisms; (g) the need to facilitate community involvement in decisions and actions on issues that affect the community. 6. Minister to determine sustainability criteria and indicators and reporting requirements (1) The Minister must determine criteria and indicators for sustainable forest management. (2) In determining criteria and indicators under sub- section (1), the Minister may take into account any nationally or internationally agreed criteria and indicators for sustainable forest management. (3) As part of a determination under sub-section (1), the Minister must also determine— (a) the reporting requirements relating to each indicator determined under sub-section (1); and (b) the frequency at which such reports are to be made, being a period not less than every 5 years. s. 6 -- 13 of 102 -- Victorian Legislation Parliamentary Documents Part 2—Sustainable Forest Management Sustainable Forests (Timber) Act 2004 Act No. 48/2004 8 7. Determination to be published The Minister must— (a) publish a copy of a determination under section 6 in the Government Gazette; and (b) cause a notice that a determination under section 6 has been made to be published in a newspaper circulating generally within the State. 8. Secretary to report on indicators The Secretary must report to the Minister on the status, performance or achievement in relation to the indicators determined by the Minister under section 6 within the time determined under that section. 9. VicForests to provide certain information to the Secretary (1) For the purposes of section 8, the Secretary may require VicForests to provide such information as the Secretary specifies about the carrying out of VicForests' functions under an allocation order as those functions relate to the indicators determined under section 6. (2) A requirement under sub-section (1) must be in writing. (3) VicForests must comply with a requirement of the Secretary under this section. 10. Minister may arrange audits (1) If the Minister believes it is appropriate to do so, the Minister may ask an appropriately qualified person to audit information provided in the Secretary's report under section 8 relating to status, performance or achievement in relation to the indicators determined by the Minister under section 6. s. 7 -- 14 of 102 -- Victorian Legislation Parliamentary Documents Part 2—Sustainable Forest Management Sustainable Forests (Timber) Act 2004 Act No. 48/2004 9 (2) In carrying out an audit under sub-section (1), a person may audit— (a) any information provided to the Secretary by VicForests under section 9, including any information used by VicForests to prepare the information provided to the Secretary under that section; and (b) any other information used by the Secretary to prepare the Secretary's report under section 8. 11. Sustainability Charter (1) The Minister may develop a Sustainability Charter. (2) A Sustainability Charter must set out objectives, consistent with the principles of ecologically sustainable development, for— (a) the sustainability of forests; and (b) the sustainability of the timber harvesting industry. (3) The Minister must consult with the Treasurer and the Minister for Agriculture in developing a Sustainability Charter. 12. VicForests to respond to Sustainability Charter (1) If the Minister prepares a Sustainability Charter under section 11, VicForests must develop initiatives and targets for those initiatives which respond to and support the objectives set out in the Charter. (2) VicForests must include the initiatives and targets referred to in sub-section (1) in its statement of corporate intent required under the State Owned Enterprises Act 1992. s. 11 -- 15 of 102 -- Victorian Legislation Parliamentary Documents Part 2—Sustainable Forest Management Sustainable Forests (Timber) Act 2004 Act No. 48/2004 10 (3) VicForests must include in its report of operations required under the Financial Management Act 1994 a report on the status, performance or achievement of the initiatives and targets referred to in sub-section (1). __________________ s. 12 -- 16 of 102 -- Victorian Legislation Parliamentary Documents Part 3—Allocation to VicForests Sustainable Forests (Timber) Act 2004 Act No. 48/2004 11 PART 3—ALLOCATION TO VICFORESTS 13. Minister may make allocation order The Minister, by order published in the Government Gazette, may— (a) allocate timber in State forests to VicForests for the purposes of harvesting and selling, or harvesting or selling, timber resources; and (b) permit VicForests to undertake associated management activities in relation to that allocated timber including— (i) preparation of sites for timber harvesting; (ii) construction of access roads to coupes; (iii) site rehabilitation; (iv) forest regeneration; (v) any other activities specified in the order. 14. Period of allocation order Subject to this Part, an allocation order— (a) is for an initial period of 15 years; and (b) may be extended in accordance with this Act. 15. Contents of an allocation order (1) An allocation order must include— (a) in relation to the timber resources allocated— (i) a description of the forest stands to which VicForests has access; s. 13 -- 17 of 102 -- Victorian Legislation Parliamentary Documents Part 3—Allocation to VicForests Sustainable Forests (Timber) Act 2004 Act No. 48/2004 12 (ii) references to, or details of, the extent and location of forest stands to which VicForests has access; (iii) a table which is divided into three 5-year time periods listing— (A) the total available area for each forest stand; and (B) the area available for timber harvesting in the period of operation of the allocation order; (b) a list of any activities additional to those referred to in section 13(b) which VicForests is permitted to undertake in the areas to which the allocation order applies; (c) the conditions to which VicForests is subject in carrying out its functions under the allocation order, including any applicable performance measures and standards. (2) An allocation order may include any other conditions, limitations, matters or specifications that the Minister thinks fit. 16. VicForests' functions under allocation order On the making of an allocation order, VicForests must carry out its functions in accordance with that order, in so far as those functions relate to timber resources or the area to which the order applies. 17. Power to amend or vary allocation order (1) The Minister, by order published in the Government Gazette, may amend or vary an allocation order for the following purposes— (a) to fix an obvious error or mistake; (b) to change permitted activities or conditions referred to in section 15(1)(b) or (c); s. 16 -- 18 of 102 -- Victorian Legislation Parliamentary Documents Part 3—Allocation to VicForests Sustainable Forests (Timber) Act 2004 Act No. 48/2004 13 (c) in the case of an amendment or variation relating to the allocation of timber resources, after a review under section 18. (2) An order made under sub-section (1) amending or varying an allocation order takes effect— (a) on the date the order is published in the Government Gazette; or (b) if a later date is specified in the order, on that later date. 18. Review of allocation of timber resources (1) The Minister must review the allocation of timber resources every 5 years. (2) The Minister may review the allocation of timber resources at any time if— (a) the Minister considers that there has been a significant variation, as a result of fire, disease or other natural causes, in the timber resources in State forests which are available for timber harvesting in accordance with sustainable forest management; or (b) there has been any significant increase or reduction in the land base which is zoned as available for timber harvesting; or (c) the Minister considers that there has been any other event or matter which has a significant impact on the timber resources in State forests which are available for timber harvesting in accordance with sustainable forest management. s. 18 -- 19 of 102 -- Victorian Legislation Parliamentary Documents Part 3—Allocation to VicForests Sustainable Forests (Timber) Act 2004 Act No. 48/2004 14 19. Minister to have regard to certain matters In reviewing the allocation of timber resources under section 18, and in determining whether to amend or vary the allocation order, the Minister must have regard to the following matters— (a) the principles of ecologically sustainable development; (b) any report by the Secretary under section 8; (c) the structure and condition of the forest and its impact on future timber resource availability; (d) VicForests' compliance with the allocation order, including the conditions specified in the order, during the previous 5 years; (e) the provisions of any Code of Practice; (f) VicForests' compliance with any Code of Practice during the previous 5 years; (g) any existing timber commitments VicForests has under any managed licences and any agreements VicForests has entered into. 20. What happens after a review? (1) After conducting a review under section 18, the Minister, in accordance with section 17, may make any amendments or variations to the allocation order that the Minister considers appropriate. (2) Without limiting sub-section (1), the Minister may— (a) extend the allocation order for a further 5 year period; (b) reduce or increase the timber resources allocated to VicForests; s. 19 -- 20 of 102 -- Victorian Legislation Parliamentary Documents Part 3—Allocation to VicForests Sustainable Forests (Timber) Act 2004 Act No. 48/2004 15 (c) vary or amend any conditions in the allocation order. (3) If the Minister makes any amendment or variation to an allocation order as a result of a review referred to in section 18(1) or (2)(c) which reduces the timber resources allocated to VicForests, the amendment or variation must provide for a period of 10 years (or such lesser period as may be agreed between the Minister and VicForests) over which the reduction can be implemented. 21. Minister to consult on reduction of allocation The Minister must consult with the Treasurer and the Minister for Agriculture before reducing any timber resources allocated to VicForests. 22. Secretary's powers and functions not affected by order Nothing in an allocation order affects the powers and functions of the Secretary under this Act or the Forests Act 1958 in respect of timber resources or in respect of an area to which an allocation order applies, other than the Secretary's powers and functions in relation to harvesting and selling or harvesting or selling vested timber resources. 23. Charges (1) VicForests and the Secretary must make reasonable endeavours to negotiate and enter into agreements relating to the charges payable by VicForests to the Secretary for the following matters— (a) any reasonable costs incurred by the Secretary in developing trees for harvesting and sale or harvesting or sale and making such trees available to VicForests; and s. 21 -- 21 of 102 -- Victorian Legislation Parliamentary Documents Part 3—Allocation to VicForests Sustainable Forests (Timber) Act 2004 Act No. 48/2004 16 (b) the reasonable costs of providing roads and other access for the purposes of timber harvesting in areas to which an allocation order applies; and (c) the reasonable costs of any agreed silvicultural program. (2) If no agreement is entered into under sub- section (1) within a reasonable time, the Minister administering section 8 of the Financial Management Act 1994 may determine the charges to be paid to the Secretary by VicForests for the matters referred to in that sub-section. 24. VicForests required to pay charges (1) VicForests must pay to the Secretary all charges required to be paid to the Secretary in accordance with section 23. (2) All charges received by the Secretary from VicForests under sub-section (1) are to be applied for the purposes of the matters referred to in section 23(1). __________________ s. 24 -- 22 of 102 -- Victorian Legislation Parliamentary Documents Part 4—Managed Licences Sustainable Forests (Timber) Act 2004 Act No. 48/2004 17 PART 4—MANAGED LICENCES Division 1—Transferred Licences (East) 25. VicForests to administer and receive fees from transferred licences (east) On and from the commencement of this section— (a) subject to this Part, the management, administration and enforcement of a transferred licence (east) is transferred from the Secretary to VicForests; and (b) despite anything to the contrary in section 52 of the Forests Act 1958, any rent, fee, royalty or charge determined by the Secretary under section 52 of the Forests Act 1958 before that commencement in respect of a transferred licence (east) that is payable after that commencement— (i) is payable to VicForests until the expiry of the transferred licence (east); and (ii) may be collected and recovered by VicForests until the expiry of that transferred licence (east); and (c) a reference in a transferred licence (east) to the Secretary must be taken to be a reference to VicForests, unless the context otherwise requires. 26. VicForests powers For the purposes of section 25, VicForests has, in respect of any transferred licence (east), and to the extent specified, the following powers of the Secretary under the Forests Act 1958— (a) the powers in section 5(1)(b) and (c) of that Act; s. 25 -- 23 of 102 -- Victorian Legislation Parliamentary Documents Part 4—Managed Licences Sustainable Forests (Timber) Act 2004 Act No. 48/2004 18 (b) the powers in section 52(1) of that Act to determine— (i) additional covenants, terms and conditions which it is appropriate to impose in a particular case; and (ii) any rent, fees, royalties or charges payable; (c) the powers in section 52(3) of that Act to authorise the transfer of a transferred licence (east); (d) the powers in section 52(5) of that Act to suspend or cancel a transferred licence (east), and for that purpose, a reference in that sub- section to "the Minister" is to be taken to be a reference to the Minister for Agriculture; (e) the powers in section 53(2) and (3) of that Act. 27. Expiry of licence and no compensation or proceedings On and from the commencement of section 25, a transferred licence (east) expires at the end of its term (as existing immediately before the commencement of that section) and, despite anything to the contrary in that licence or section 52(6) of the Forests Act 1958 as in force immediately before its repeal— (a) VicForests is not empowered to renew or reissue any transferred licence (east) or grant any further licences or permits in relation to that licence; and s. 27 -- 24 of 102 -- Victorian Legislation Parliamentary Documents Part 4—Managed Licences Sustainable Forests (Timber) Act 2004 Act No. 48/2004 19 (b) any entitlement, right or purported right in existence before that commencement in respect of the granting of any further licence or permit under section 52(6) of the Forests Act 1958 as in force immediately before its repeal ceases to exist; and (c) the holder of a transferred licence (east) is not entitled to have that licence renewed or reissued, whether any entitlement, right or purported right to do so in respect of that licence arose under section 52(6), a term or condition of that licence or in any other manner; and (d) no proceedings may be taken— (i) in respect of any loss, damage or injury from or arising out of— (A) the loss of any entitlement, right or purported right referred to in paragraph (b) or (c); or (B) the enactment of this Division; or (ii) to seek a renewal, reissue of a transferred licence (east) or the grant of any further licences or permits in relation to that licence, whether arising out of an entitlement or a right or purported right to do so under section 52(6), a term or condition of that licence or in any other manner; and (e) no compensation is payable in respect of any loss, damage or injury from or arising out of— (i) the loss of any entitlement, right or purported right referred to in paragraph (b) or (c); or (ii) the enactment of this Division. s. 27 -- 25 of 102 -- Victorian Legislation Parliamentary Documents Part 4—Managed Licences Sustainable Forests (Timber) Act 2004 Act No. 48/2004 20 Division 2—Transferred Licences (West) 28. VicForests to administer and receive fees from transferred licences (west) On and from the commencement of this section— (a) subject to this Part, the management, administration and enforcement of a transferred licence (west) is transferred from the Secretary to VicForests; and (b) despite anything to the contrary in section 52 of the Forests Act 1958, any rent, fee, royalty or charge determined by the Secretary under section 52 of the Forests Act 1958 before that commencement in respect of a transferred licence (west) that is payable after that commencement— (i) is payable to VicForests until the expiry of the transferred licence (west); and (ii) may be collected and recovered by VicForests until the expiry of that transferred licence (west); and (c) a reference in a transferred licence (west) to the Secretary must be taken to be a reference to VicForests, unless the context otherwise requires. 29. VicForests powers For the purposes of section 28, VicForests has, in respect of any transferred licence (west), and to the extent specified, the following powers of the Secretary under the Forests Act 1958— (a) the powers in section 5(1)(b) and (c) of that Act; s. 28 -- 26 of 102 -- Victorian Legislation Parliamentary Documents Part 4—Managed Licences Sustainable Forests (Timber) Act 2004 Act No. 48/2004 21 (b) the powers in section 52(1) of that Act to determine— (i) additional covenants, terms and conditions which it is appropriate to impose in a particular case; and (ii) any rent, fees, royalties or charges payable; (c) the powers in section 52(3) of that Act to authorise the transfer of a transferred licence (west); (d) the powers in section 52(5) of that Act to suspend or cancel a transferred licence (west), and for that purpose, a reference in that sub-section to "the Minister" is to be taken to be a reference to the Minister for Agriculture; (e) the powers in section 53(2) and (3) of that Act. 30. Expiry of licence and no compensation or proceedings On and from the commencement of section 28, a transferred licence (west) expires at the end of its term (as existing immediately before that commencement) and, despite anything to the contrary in that licence or section 52(6) of the Forests Act 1958 as in force immediately before its repeal— (a) VicForests is not empowered to renew or reissue any transferred licence (west) or grant any further licences or permits in relation to that licence; and s. 30 -- 27 of 102 -- Victorian Legislation Parliamentary Documents Part 4—Managed Licences Sustainable Forests (Timber) Act 2004 Act No. 48/2004 22 (b) any entitlement, right or purported right in existence before that commencement in respect of the granting of any further licence or permit under section 52(6) of the Forests Act 1958 as in force immediately before its repeal ceases to exist; and (c) the holder of a transferred licence (west) is not entitled to have that licence renewed or reissued, whether any entitlement, right or purported right to do so in respect of that licence arose under section 52(6), a term or condition of that licence or in any other manner; and (d) no proceedings may be taken— (i) in respect of any loss, damage or injury from or arising out of— (A) the loss of any entitlement, right or purported right referred to in paragraph (b) or (c); or (B) the enactment of this Division; or (ii) to seek a renewal, reissue of a transferred licence (west) or the grant of any further licences or permits in relation to that licence, whether arising out of an entitlement or a right or purported right to do so under section 52(6), a term or condition of that licence or in any other manner; and (e) no compensation is payable in respect of any loss, damage or injury from or arising out of— (i) the loss of any entitlement, right or purported right referred to in paragraph (b) or (c); or (ii) the enactment of this Division. s. 30 -- 28 of 102 -- Victorian Legislation Parliamentary Documents Part 4—Managed Licences Sustainable Forests (Timber) Act 2004 Act No. 48/2004 23 Division 3—Transferred Agreements 31. VicForests to administer and receive fees from transferred agreements On and from the commencement of this section— (a) subject to this Part, the management, administration and enforcement of a transferred agreement is transferred from the Secretary to VicForests; and (b) despite anything to the contrary in the Forests Act 1958 or a transferred agreement, any rent, fee, royalty or charge payable to the Secretary under that agreement before that commencement is payable after that commencement— (i) to VicForests until the expiry of the transferred agreement; and (ii) may be collected and recovered by VicForests until the expiry of that transferred agreement; and (c) a reference in a transferred agreement to the Secretary must be taken to be a reference to VicForests, unless the context otherwise requires. 32. Powers in respect of transferred agreements (1) For the purposes of section 31, VicForests has, in respect of a transferred agreement, and to the extent specified, the following powers of the Secretary under the Forests Act 1958— (a) the powers in section 5(1)(b) and (c) of that Act; (b) the powers in section 21(1)(a), (b) and (c) of that Act in so far as those powers relate to supplying commitments under a transferred agreement; s. 31 -- 29 of 102 -- Victorian Legislation Parliamentary Documents Part 4—Managed Licences Sustainable Forests (Timber) Act 2004 Act No. 48/2004 24 (c) the powers in section 53(2) and (3) of that Act. (2) A transferred agreement expires at the end of its term, as existing immediately before the commencement of section 31. Division 4—General 33. VicForests cannot grant licence or permit VicForests is not empowered to grant any licence or permit under section 52(1) of the Forests Act 1958. 34. Part does not operate to breach contracts etc. Nothing effected or to be effected by this Part or done or suffered under this Part— (a) is to be regarded as placing any person in breach of contract or confidence or as otherwise making any person guilty of a civil wrong; or (b) is to be regarded as placing any person in breach of, or as constituting a default under, any Act or other law or obligation or any provision in any agreement, arrangement or understanding including, but not limited to, any provision or obligation prohibiting, restricting or regulating the assignment, transfer, sale or disposal of any property or the disclosure of any information; or (c) is to be regarded as fulfilling any condition that allows a person to exercise a power, right or remedy in respect of or to terminate any agreement or obligation; or (d) is to be regarded as giving rise to any remedy for a party to a contract or an instrument or as causing or permitting the termination of any contract or instrument because of a s. 33 -- 30 of 102 -- Victorian Legislation Parliamentary Documents Part 4—Managed Licences Sustainable Forests (Timber) Act 2004 Act No. 48/2004 25 change in the beneficial or legal ownership of any asset, right or liability; or (e) is to be regarded as causing any contract or instrument to be void or otherwise unenforceable; or (f) is to be regarded as frustrating any contract; or (g) releases any surety or other obligor wholly or in part from any obligation. 35. Ministerial orders (1) For the purposes of paragraph (b) of the definition of "transferred agreement", the Minister, by order published in the Government Gazette, may declare an agreement entered into pursuant to section 21 of the Forests Act 1958 and in existence immediately before the commencement of section 31 to be a transferred agreement. (2) For the purposes of paragraph (b) of the definition of "transferred licence (east)", the Minister, by order published in the Government Gazette, may declare a licence or permit granted under section 52 of the Forests Act 1958 and in existence immediately before the commencement of section 25 in respect of an area in the east of the State of Victoria to be a transferred licence (east). (3) For the purposes of paragraph (b) of the definition of "transferred licence (west)", the Minister, by order published in the Government Gazette, may declare a licence or permit granted under section 52 of the Forests Act 1958 and in existence immediately before the commencement of section 28 in respect of an area in the west of the State of Victoria to be a transferred licence (west). __________________ s. 35 -- 31 of 102 -- Victorian Legislation Parliamentary Documents Part 5—Management of Timber Resources by VicForests Sustainable Forests (Timber) Act 2004 Act No. 48/2004 26 PART 5—MANAGEMENT OF TIMBER RESOURCES BY VICFORESTS 36. Timber resources are property of the Crown (1) All timber resources in State forest are the property of the Crown. (2) Property in timber resources only passes from the Crown— (a) to VicForests in accordance with section 42; or (b) otherwise in accordance with this Act. 37. VicForests to prepare timber release plan (1) VicForests must prepare a timber release plan in respect of an area to which an allocation order applies for the purposes of— (a) harvesting and selling, or harvesting or selling, timber resources; and (b) undertaking associated management activities in relation to those timber resources. (2) A timber release plan is to be for a period not exceeding 5 years. 38. Contents of plan (1) A timber release plan must include— (a) a schedule of coupes selected for timber harvesting and associated access road requirements; (b) details of the location and approximate timing of timber harvesting in the proposed coupes; (c) details of the location of any associated access roads. s. 36 -- 32 of 102 -- Victorian Legislation Parliamentary Documents Part 5—Management of Timber Resources by VicForests Sustainable Forests (Timber) Act 2004 Act No. 48/2004 27 (2) A timber release plan may include any other matters necessary or convenient to be included in a timber release plan. 39. Plan to be submitted to Secretary VicForests must submit a timber release plan to the Secretary. 40. Secretary may approve plan (1) The Secretary may approve a timber release plan if the Secretary is satisfied that the plan is not inconsistent with— (a) the allocation order to which it relates; and (b) any Code of Practice relating to timber harvesting. (2) In approving a timber release plan under sub- section (1), the Secretary may approve the plan— (a) wholly or as to part of the plan; or (b) subject to any conditions which the Secretary considers appropriate. (3) The Secretary must not unreasonably withhold approval of a timber release plan under this section. 41. Secretary to publish notice (1) The Secretary must cause notice of the approval of a timber release plan to be published in the Government Gazette. (2) A notice published under sub-section (1) must include details of where the approved timber release plan may be viewed. s. 39 -- 33 of 102 -- Victorian Legislation Parliamentary Documents Part 5—Management of Timber Resources by VicForests Sustainable Forests (Timber) Act 2004 Act No. 48/2004 28 42. Property vests in VicForests on publication of notice (1) On the publication of a notice in the Government Gazette under section 41, property in the timber resources to which the approved timber release plan applies is vested in VicForests. (2) Subject to this Act and any allocation order, VicForests is entitled to retain the revenue received from harvesting and selling or harvesting or selling vested timber resources. 43. Review of and changes to approved timber release plan (1) An approved timber release plan may be reviewed at any time at the instigation of either the Secretary or VicForests. (2) An approved timber release plan may be changed at any time if— (a) both the Secretary and VicForests agree to the change; and (b) the change is not inconsistent with— (i) the allocation order to which the plan relates; and (ii) any Code of Practice relating to timber harvesting. (3) An approved timber release plan cannot be changed in relation to any vested timber resources in respect of which property has passed to a third party and nothing in this section is to be taken to affect the rights of a third party in relation to such vested timber resources. (4) If an approved timber release plan is changed under this section, the Secretary must cause a notice of the change to the plan to be published in the Government Gazette. s. 42 -- 34 of 102 -- Victorian Legislation Parliamentary Documents Part 5—Management of Timber Resources by VicForests Sustainable Forests (Timber) Act 2004 Act No. 48/2004 29 (5) On publication of a notice under sub-section (4)— (a) the changed approved timber release plan takes effect in accordance with its terms; and (b) if the change relates to vested timber resources— (i) the vested timber resources specified in the previous approved timber release plan are divested from VicForests and vest in the Crown; and (ii) the timber resources specified in the changed plan vest in VicForests as if those resources had been vested under section 42. 44. VicForests to operate in accordance with approved timber release plan In carrying out its functions and powers under this Act in relation to vested timber resources or in relation to an area to which an allocation order applies, VicForests must do so in accordance with any approved timber release plan. 45. Offence to undertake unauthorised timber harvesting operations (1) A person must not undertake timber harvesting operations in any part of a State forest unless those operations are authorised operations. Penalty: 60 penalty units, in the case of a natural person; 240 penalty units, in the case of a body corporate. s. 44 -- 35 of 102 -- Victorian Legislation Parliamentary Documents Part 5—Management of Timber Resources by VicForests Sustainable Forests (Timber) Act 2004 Act No. 48/2004 30 (2) For the purposes of this section, "authorised operations" means— (a) in the case of vested timber resources— (i) timber harvesting operations undertaken by, or on behalf of, VicForests in accordance with an approved timber release plan; or (ii) timber harvesting operations undertaken by, or on behalf of, a person who has entered into an agreement with VicForests for the harvesting and sale of timber resources, or the harvesting or sale of timber resources; or (iii) timber harvesting operations undertaken by, or on behalf of, a person in accordance with a managed licence; (b) in any other case, timber harvesting operations undertaken by, or on behalf of, a person in accordance with— (i) this Act; or (ii) a licence or permit granted by the Secretary under section 52 of the Forests Act 1958. __________________ s. 45 -- 36 of 102 -- Victorian Legislation Parliamentary Documents Part 6—Management of Timber Harvesting Sustainable Forests (Timber) Act 2004 Act No. 48/2004 31 PART 6—MANAGEMENT OF TIMBER HARVESTING Division 1—Codes of Practice 46. Compliance with Codes of Practice The following persons must comply with any relevant Code of Practice relating to timber harvesting— (a) VicForests; (b) a person who has entered into an agreement with VicForests for the harvesting and sale of timber resources or the harvesting or sale of timber resources; (c) the holder of a timber harvesting operator's licence; (d) any other person undertaking timber harvesting operations in a State forest. 47. Minister may arrange audits If the Minister believes it is appropriate to do so, the Minister may ask an appropriately qualified person to audit compliance with any relevant Code of Practice relating to timber harvesting by all or any of the following— (a) VicForests; (b) a person who has entered into an agreement with VicForests for the harvesting and sale of timber resources or the harvesting or sale of timber resources; (c) the holder of a timber harvesting operator's licence; (d) any other person undertaking timber harvesting operations in a State forest. s. 46 -- 37 of 102 -- Victorian Legislation Parliamentary Documents Part 6—Management of Timber Harvesting Sustainable Forests (Timber) Act 2004 Act No. 48/2004 32 48. VicForests to respond to audit (1) If an audit conducted under section 47 in relation to VicForests includes any adverse findings against VicForests, the Minister must make those adverse findings available to VicForests. (2) On receiving adverse findings under sub- section (1), VicForests must prepare a written response to those findings, including details of measures VicForests intends to undertake or has undertaken to improve compliance with the relevant Code of Practice. (3) VicForests must provide a response under sub- section (2) to the Minister within— (a) 30 days of receiving the adverse findings under sub-section (1); or (b) such longer period as is specified by the Minister to VicForests in writing. 49. Minister to make findings available (1) The Minister must cause any adverse findings against VicForests as a result of an audit conducted under section 47 and any response by VicForests under section 48 to be available for inspection by the public at the head office of the Department of Sustainability and Environment. (2) The Minister may cause the findings and the response referred to in sub-section (1) to be published on the Internet. s. 48 -- 38 of 102 -- Victorian Legislation Parliamentary Documents Part 6—Management of Timber Harvesting Sustainable Forests (Timber) Act 2004 Act No. 48/2004 33 Division 2—Licensing of Timber Harvesting Operators 50. Offence to carry out certain activities without a licence (1) A person must not, in a State forest, carry out a prescribed activity or class of activity for which a timber harvesting operator's licence is required unless the person is the holder of a timber harvesting operator's licence of a class prescribed for that activity or class of activity. Penalty: 60 penalty units. (2) A person must not, in a State forest, supervise the carrying out of a prescribed activity or class of activity for which a timber harvesting operator's licence is required unless that person is the holder of a timber harvesting operator's licence to supervise timber harvesting operations. Penalty: 60 penalty units. 51. Offence to engage, contract with or employ unlicensed timber harvesting operators A person must not engage, contract with or employ any person to carry out, in a State forest, a prescribed activity or class of activity for which a timber harvesting operator's licence is required unless the person engaged, contracted with or employed is the holder of a timber harvesting operator's licence of a class prescribed for that activity or class of activity. Penalty: 60 penalty units, in the case of a natural person; 240 penalty units, in the case of a body corporate. s. 50 -- 39 of 102 -- Victorian Legislation Parliamentary Documents Part 6—Management of Timber Harvesting Sustainable Forests (Timber) Act 2004 Act No. 48/2004 34 52. Offence to direct contravention of licence or regulations A person who engages, contracts with or employs a person to carry out, in a State forest, a prescribed activity or class of activity for which a timber harvesting operator's licence is required or a person supervising the carrying out of that activity or class of activity must not direct the holder of a timber harvesting operator's licence— (a) to contravene a condition of that person's licence; or (b) to contravene a regulation relating to the licence. Penalty: 60 penalty units, in the case of a natural person; 240 penalty units, in the case of a body corporate. 53. Application for licence (1) A natural person may apply to the Secretary for a timber harvesting operator's licence. (2) An application must— (a) be in a form approved by the Secretary; and (b) specify the prescribed activity or class of activity for which a timber harvesting operator's licence is required; and (c) be accompanied by the prescribed application fee (if any). s. 52 -- 40 of 102 -- Victorian Legislation Parliamentary Documents Part 6—Management of Timber Harvesting Sustainable Forests (Timber) Act 2004 Act No. 48/2004 35 54. Issue of licence (1) The Secretary may issue a timber harvesting operator's licence to an applicant if the Secretary is satisfied that the applicant has the appropriate qualifications, competencies or experience to carry out the prescribed activity or class of activity to which the application for the licence relates— (a) in a safe manner; and (b) in accordance with any Code of Practice relating to timber harvesting. (2) A timber harvesting operator's licence must specify the prescribed activity or class of activity to which the licence relates. (3) A timber harvesting operator's licence— (a) is for a period not exceeding 3 years; and (b) is not transferable. 55. Application for renewal (1) The holder of a timber harvesting operator's licence may apply for renewal of the licence. (2) An application must— (a) be in a form approved by the Secretary; and (b) be accompanied by the prescribed renewal fee (if any). 56. Secretary may renew licence (1) The Secretary may renew a timber harvesting operator's licence if satisfied that the applicant for renewal continues to have the appropriate qualifications, competencies or experience to carry out the prescribed activity or class of activity to which the licence relates— (a) in a safe manner; and s. 54 -- 41 of 102 -- Victorian Legislation Parliamentary Documents Part 6—Management of Timber Harvesting Sustainable Forests (Timber) Act 2004 Act No. 48/2004 36 (b) in accordance with any Code of Practice relating to timber harvesting. (2) The Secretary may refuse to renew a timber harvesting operator's licence if the licence has been cancelled or suspended at any time. 57. General conditions (1) A timber harvesting operator's licence is issued subject to any conditions that the Secretary considers appropriate and specifies in the licence. (2) The Secretary may change any licence condition. 58. Notice and submissions on change of licence conditions (1) Before changing a licence condition under section 57, the Secretary must— (a) give the holder of the timber harvesting operator's licence at least 14 days' written notice of the proposed change; and (b) permit the holder of that licence to make submissions on the change within the time period specified in the written notice. (2) The Secretary must consider any submissions received from the holder of the timber harvesting operator's licence within the time specified in the written notice under sub-section (1). 59. Notification of refusal The Secretary must— (a) notify an applicant for a timber harvesting operator's licence or for renewal of a timber harvesting operator's licence in writing of the Secretary's refusal to issue or renew a licence; and (b) include the reasons for the refusal to issue or renew the licence in the notification. s. 57 -- 42 of 102 -- Victorian Legislation Parliamentary Documents Part 6—Management of Timber Harvesting Sustainable Forests (Timber) Act 2004 Act No. 48/2004 37 60. Review by VCAT (1) An applicant for a timber harvesting operator's licence or for the renewal of a timber harvesting operator's licence may apply to the Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998 for review of a decision of the Secretary— (a) to refuse to issue a timber harvesting operator's licence; or (b) to refuse to renew a timber harvesting operator's licence. (2) An application for review must be made within 28 days after the later of— (a) the day on which the decision is made; or (b) if, under the Victorian Civil and Administrative Tribunal Act 1998, the person requests a statement of reasons for the decision, the day on which the statement of reasons is given to the person or the person is informed under section 46(5) of that Act that a statement of reasons will not be given. 61. Suspension of licence (1) The Secretary may suspend a timber harvesting operator's licence if the holder of the licence has incurred a prescribed number of demerit points. (2) The Secretary must notify a holder of a timber harvesting operator's licence of the suspension of that licence. (3) A notification under sub-section (2) must be in the prescribed form. (4) A licence may be suspended for a prescribed period of suspension, being a period not exceeding 12 months. s. 60 -- 43 of 102 -- Victorian Legislation Parliamentary Documents Part 6—Management of Timber Harvesting Sustainable Forests (Timber) Act 2004 Act No. 48/2004 38 62. Cancellation of licence (1) The Secretary may cancel a timber harvesting operator's licence if the holder of the licence— (a) fails to comply with any conditions of the licence; or (b) carries out timber harvesting operations in a State forest during any period that the licence is suspended. (2) The Secretary must notify a holder of a timber harvesting operator's licence of the cancellation of that licence. (3) A notification under sub-section (2) must be in the prescribed form. 63. Application for review of suspension or cancellation (1) The holder of a timber harvesting operator's licence whose licence is suspended under section 61 or cancelled under section 62 may apply to the Secretary for a review of that decision. (2) An application under sub-section (1) must— (a) be in the prescribed form; and (b) be made within 14 days after the holder of the licence— (i) in the case of a suspension, receives notification under section 61(2); or (ii) in the case of a cancellation, receives notification under section 62(2). 64. Secretary to appoint panel (1) On receiving an application under section 63, the Secretary must appoint a panel to review the Secretary's decision to suspend or cancel the timber harvesting operator's licence (as the case requires). s. 62 -- 44 of 102 -- Victorian Legislation Parliamentary Documents Part 6—Management of Timber Harvesting Sustainable Forests (Timber) Act 2004 Act No. 48/2004 39 (2) A panel appointed under sub-section (1) is to be constituted by 3 persons who are employed under Part 3 of the Public Sector Management and Employment Act 1998 in the Department of Sustainability and Environment who have relevant knowledge of— (a) any Code of Practice relating to timber harvesting; or (b) the regulatory processes and procedures relating to timber harvesting. 65. Panel to review Secretary's decision (1) A panel appointed under section 64 must— (a) review the Secretary's decision to suspend or cancel the timber harvesting operator's licence; and (b) make a decision— (i) affirming the Secretary's decision to suspend or cancel the timber harvesting operator's licence; or (ii) revoking the Secretary's decision to suspend or cancel the timber harvesting operator's licence; or (iii) varying the Secretary's decision to suspend or cancel the timber harvesting operator's licence in the manner specified in the panel's decision. (2) The panel must make a decision under sub- section (1) within 28 days after being appointed under section 64. s. 65 -- 45 of 102 -- Victorian Legislation Parliamentary Documents Part 6—Management of Timber Harvesting Sustainable Forests (Timber) Act 2004 Act No. 48/2004 40 66. Secretary to notify holder of outcome of review The Secretary must notify the holder of the timber harvesting operator's licence who has applied under section 63 for the review of a decision to suspend or cancel the licence of the outcome of the review of the Secretary's decision by the panel under section 65 within 14 days after the Secretary has received the panel's decision. 67. Decision to cancel or suspend not affected by review process Pending the outcome of a review of a decision to suspend or cancel a timber harvesting operator's licence— (a) the original decision of the Secretary to suspend the licence under section 61 or cancel the licence under section 62 (as the case requires) is not affected; and (b) the licence is suspended or cancelled accordingly. 68. Register (1) The Secretary must establish a register of timber harvesting operator's licences. (2) The Secretary must ensure that the following details are recorded in the register— (a) the name and address of the holder of any timber harvesting operator's licence; and (b) the licence number of each timber harvesting operator's licence issued; and (c) any demerit points issued in respect of a timber harvesting operator's licence; and (d) any suspension of a timber harvesting operator's licence; and s. 66 -- 46 of 102 -- Victorian Legislation Parliamentary Documents Part 6—Management of Timber Harvesting Sustainable Forests (Timber) Act 2004 Act No. 48/2004 41 (e) any cancellation of a timber harvesting operator's licence; and (f) any other prescribed matters. __________________ s. 68 -- 47 of 102 -- Victorian Legislation Parliamentary Documents Part 7—Conduct of Timber Harvesting Operations Sustainable Forests (Timber) Act 2004 Act No. 48/2004 42 PART 7—CONDUCT OF TIMBER HARVESTING OPERATIONS 69. Direction to produce licence (1) An authorised officer may direct a person who is the holder of a timber harvesting operator's licence to produce that licence for inspection— (a) immediately; or (b) within 7 days at a place determined by the authorised officer. (2) A person must comply with a direction under this section. Penalty: 5 penalty units. 70. Direction in relation to conduct of timber harvesting operations (1) An authorised officer may give directions as to the conduct of timber harvesting operations in a State forest to any person who is the holder of a timber harvesting operator's licence. (2) A person must comply with a direction under this section. Penalty: 60 penalty units. 71. Suspension of timber harvesting operation (1) An authorised officer may issue a suspension notice to suspend any timber harvesting operation in a State forest if the authorised officer is of the opinion that— (a) there has been a failure to comply with a direction under section 70; and s. 69 -- 48 of 102 -- Victorian Legislation Parliamentary Documents Part 7—Conduct of Timber Harvesting Operations Sustainable Forests (Timber) Act 2004 Act No. 48/2004 43 (b) continuation of the timber harvesting operation would cause— (i) imminent damage to the environment; or (ii) a serious risk to the safety of any person. (2) A notice under sub-section (1) may be issued to— (a) the holder of a timber harvesting operator's licence; or (b) the person who has, or may reasonably be presumed to have, control over the timber harvesting operation in the State forest. 72. What must a suspension notice contain? A suspension notice must— (a) state that the authorised officer is of the opinion that the timber harvesting operation is causing or may cause— (i) imminent damage to the environment; or (ii) a serious risk to the safety of any person; (b) state the reasons for that opinion; (c) specify the activity which, in the authorised officer's opinion, involves or may involve the damage or risk and the matters which give or will give rise to the damage or risk. 73. Notices may include directions (1) An authorised officer may include in a suspension notice directions as to the measures to be taken to remedy any damage, risk, matter or activity to which the notice relates. s. 72 -- 49 of 102 -- Victorian Legislation Parliamentary Documents Part 7—Conduct of Timber Harvesting Operations Sustainable Forests (Timber) Act 2004 Act No. 48/2004 44 (2) Any direction under sub-section (1) may— (a) refer to any Code of Practice; and (b) offer the person to whom it is issued a choice of ways in which to remedy the damage, risk, matter or activity. 74. Suspension notice expires once matter remedied Subject to this Part, a suspension notice expires once the damage, risk, matter or activity to which the notice relates is remedied to the satisfaction of the authorised officer who issued the notice. 75. Offence not to comply with suspension notice A person to whom a suspension notice is issued in relation to which an appeal has not been made under section 76 must comply with that notice. Penalty: 60 penalty units. 76. Appeals against suspension notices (1) A person to whom a suspension notice is issued or, if that person is an employee, that person's employer, may appeal against the notice to the Magistrates' Court. (2) An appeal under sub-section (1) must be— (a) in writing; and (b) made within 7 days after a suspension notice is issued. (3) The Magistrates' Court must inquire into the circumstances relating to the notice and may— (a) affirm the notice; or (b) affirm the notice with such modifications as it thinks fit; or (c) cancel the notice. s. 74 -- 50 of 102 -- Victorian Legislation Parliamentary Documents Part 7—Conduct of Timber Harvesting Operations Sustainable Forests (Timber) Act 2004 Act No. 48/2004 45 (4) Subject to any order to the contrary made by the Magistrates' Court, the operation of the suspension notice continues pending the decision of the Magistrates' Court under sub-section (3). (5) If the Magistrates' Court affirms the suspension notice or affirms the suspension notice with modifications, the person to whom the suspension notice was issued must comply with the suspension notice as so affirmed. Penalty: 60 penalty units. 77. Occupational Health and Safety Act 1985 prevails Nothing in this Part affects the operation of the Occupational Health and Safety Act 1985 and, to the extent that there is any conflict or inconsistency with the provisions of the Occupational Health and Safety Act 1985, that Act prevails. __________________ s. 77 -- 51 of 102 -- Victorian Legislation Parliamentary Documents Part 8—Fire Prevention And Suppression Sustainable Forests (Timber) Act 2004 Act No. 48/2004 46 PART 8—FIRE PREVENTION AND SUPPRESSION 78. Agreements for prevention and suppression of fire VicForests and the Secretary may enter into agreements or arrangements relating to the prevention and suppression of fire. 79. Secretary may direct VicForests staff (1) The Secretary may direct VicForests or any staff of VicForests to undertake fire suppression works if the Secretary and VicForests have entered into an agreement or arrangement under section 78. (2) A person must comply with a direction under this section. 80. Secretary and authorised officers may direct timber harvesters The Secretary or an authorised officer may direct any person undertaking or engaged in timber harvesting operations to make that person's employees, plant and equipment available to assist in fire suppression when the Secretary or an authorised officer (as the case requires) gives such a direction. 81. Person must comply with direction A person must comply with a direction of the Secretary or an authorised officer (as the case requires) under section 80. 82. Secretary to reimburse for assistance If a person provides assistance to the Secretary pursuant to a direction under section 80, the Secretary must reimburse that person for the reasonable costs incurred by that person in providing that assistance. s. 78 -- 52 of 102 -- Victorian Legislation Parliamentary Documents Part 8—Fire Prevention And Suppression Sustainable Forests (Timber) Act 2004 Act No. 48/2004 47 83. Part does not derogate from certain Acts Nothing in this Part derogates from the Forests Act 1958 or the Country Fire Authority Act 1958. __________________ s. 83 -- 53 of 102 -- Victorian Legislation Parliamentary Documents Part 9—Enforcement Sustainable Forests (Timber) Act 2004 Act No. 48/2004 48 PART 9—ENFORCEMENT 84. Requirement to give name and address (1) If an authorised officer believes on reasonable grounds that a person has committed or is committing an offence against this Act or the regulations, the officer may ask the person to state his or her name and ordinary place of residence or business. (2) In making a request under sub-section (1), the authorised officer must inform the person of the grounds for the authorised officer's belief that the person has committed or is committing the offence. (3) A person must not, in response to a request under sub-section (1)— (a) refuse or fail to comply with the request without a reasonable excuse for doing so; or (b) state a name that is false in a material detail; or (c) state an address that is not the full and correct address of his or her ordinary place of residence or business. Penalty: 5 penalty units. (4) If a person states a name and address in response to a request under sub-section (1) and the authorised officer suspects on reasonable grounds that the stated name and address may be false, the officer may request the person to produce evidence of the correctness of the name and address. s. 84 -- 54 of 102 -- Victorian Legislation Parliamentary Documents Part 9—Enforcement Sustainable Forests (Timber) Act 2004 Act No. 48/2004 49 (5) A person to whom a request under sub-section (4) is made must comply with the request, unless he or she has a reasonable excuse for not doing so. Penalty: 5 penalty units. (6) It is not an offence for a person to fail to comply with a request under sub-section (1) or (4)— (a) if the authorised officer did not inform the person, at the time the request was made, that it is an offence to fail to comply with the request; or (b) if the authorised officer did not identify himself or herself in accordance with section 85 before making the request. 85. Authorised officers must identify themselves An authorised officer must produce proof of his or her identity and official status— (a) before exercising a power under section 84; and (b) at any time during the exercise of a power under section 84, if asked to do so. 86. Offence to hinder or obstruct an authorised officer A person must not, without reasonable excuse, hinder or obstruct an authorised officer who is exercising that authorised officer's duties or powers under this Act or the regulations. Penalty: 60 penalty units. 87. Offence to threaten or abuse an authorised officer A person must not threaten or abuse an authorised officer who is exercising that authorised officer's duties or powers under this Act or the regulations. Penalty: 60 penalty units. s. 85 -- 55 of 102 -- Victorian Legislation Parliamentary Documents Part 9—Enforcement Sustainable Forests (Timber) Act 2004 Act No. 48/2004 50 88. Power to seize items (1) If an authorised officer believes on reasonable grounds that a person has committed or is committing an offence against this Act or the regulations, the authorised officer may seize any item used or being used by that person in the commission of the offence. (2) If an authorised officer seizes an item under this section, the authorised officer must immediately give the person a written receipt for the item seized indicating— (a) the nature of the item seized; and (b) the date and time that the authorised officer took possession of the item; and (c) the name of the authorised officer who seized the item and the address where the item will be held. 89. Return of seized items (1) An authorised officer who seizes an item under section 88 must— (a) as soon as practicable after seizing the item, inform the person from whom the item was seized of that person's right to have it returned; and (b) ensure that the item is returned to the person from whom it was seized within 90 days after the date on which it was seized. (2) A person from whom an item was seized may apply at the office of the authorised officer who seized the item for its return within 90 days after it was seized. s. 88 -- 56 of 102 -- Victorian Legislation Parliamentary Documents Part 9—Enforcement Sustainable Forests (Timber) Act 2004 Act No. 48/2004 51 (3) This section does not apply if proceedings for an offence against the Act or the regulations in relation to which the item was seized have been commenced within 90 days of the item being seized. 90. Recovery of seized item and compensation If an item seized under section 88 has not been returned to the person from whom it was seized and— (a) proceedings are not instituted for an offence against this Act or the regulations in relation to the seized item within 90 days of the seizure; or (b) after proceedings have been instituted and completed, the defendant is not found guilty— the person from whom the item was seized is entitled to recover the seized item, or, if it has been destroyed, compensation equal to the market value of the item at the time of the seizure. 91. Forfeiture to Crown (1) An item seized under section 88 that is not returned to the person from whom it was seized within 12 months after being so seized is forfeited to the Crown. (2) If any seized item is forfeited to the Crown under sub-section (1)— (a) the Minister may direct that it be disposed of in any manner that the Minister thinks fit; and (b) if it is sold, the proceeds of the sale must be paid into the Consolidated Fund. s. 90 -- 57 of 102 -- Victorian Legislation Parliamentary Documents Part 9—Enforcement Sustainable Forests (Timber) Act 2004 Act No. 48/2004 52 92. Court may order forfeiture to the Crown (1) A court which finds a person guilty of an offence against this Act or the regulations may order that any item used in the commission of the offence be forfeited to the Crown. (2) If any item is forfeited to the Crown under sub- section (1)— (a) the Minister may direct that the item be disposed of in any manner that the Minister thinks fit; and (b) if the Minister directs that the item is to be disposed of by sale, the proceeds of the sale must be paid into the Consolidated Fund. 93. Direction to remove obstructions (1) An authorised officer may direct the owner of, or a person responsible for, an obstruction in a State forest to remove the obstruction from— (a) any road or track used for timber harvesting operations; or (b) any area where timber harvesting operations are being carried out. (2) A direction under sub-section (1)— (a) may be given in writing or orally; and (b) may specify the time by which the obstruction must be removed. (3) Unless a person to whom a direction under sub- section (1) is given has a reasonable excuse for not doing so, the person must comply with the direction— s. 92 -- 58 of 102 -- Victorian Legislation Parliamentary Documents Part 9—Enforcement Sustainable Forests (Timber) Act 2004 Act No. 48/2004 53 (a) if a time is specified in the direction, within the time specified; or (b) if no time is specified in the direction, within a reasonable time. (4) In this section and section 94, "obstruction" means anything which is— (a) a danger to the safety of any person in a State forest; or (b) placed in a State forest in contravention of this Act or the regulations. 94. Authorised officer may remove obstructions in State forest (1) An authorised officer may remove, or cause the removal of, any obstruction in a State forest if— (a) after making reasonable inquiries, the authorised officer is unable to identify the owner of, or a person responsible for, an obstruction in a State forest; or (b) after being given a direction under section 93, the owner of, or a person responsible for, an obstruction in a State forest— (i) is unable or unwilling to remove the obstruction; or (ii) has not removed the obstruction— (A) if a time is specified in the direction, within the time specified; or (B) if no time is specified in the direction, within a reasonable time. s. 94 -- 59 of 102 -- Victorian Legislation Parliamentary Documents Part 9—Enforcement Sustainable Forests (Timber) Act 2004 Act No. 48/2004 54 (2) Without limiting the powers of an authorised officer under this section, an authorised officer may remove, or cause the removal of an obstruction by its destruction, if it is reasonable to do so in the circumstances. (3) An authorised officer may dispose of anything removed under this section. (4) An authorised officer may recover any reasonable costs incurred in taking action under this section as a debt due and payable by the owner of, or the person responsible for, the obstruction. __________________ s. 94 -- 60 of 102 -- Victorian Legislation Parliamentary Documents Part 10—Miscellaneous Sustainable Forests (Timber) Act 2004 Act No. 48/2004 55 PART 10—MISCELLANEOUS 95. Limitation of Supreme Court's jurisdiction (1) It is the intention of section 27 to alter or vary section 85 of the Constitution Act 1975. (2) It is the intention of section 30 to alter or vary section 85 of the Constitution Act 1975. 96. Regulations (1) The Governor in Council may make regulations for or with respect to— (a) a demerit points system in relation to timber harvesting operator's licences, including— (i) the circumstances in which demerit points are incurred; and (ii) the procedures for notification to a holder of a timber harvesting operator's licence that demerit points have been incurred; and (iii) the circumstances in which demerit points are cancelled; and (iv) the process for reviewing a decision to give demerit points; (b) the maximum period for suspension of a timber harvesting operator's licence under Division 2 of Part 6, being a period not exceeding 12 months; (c) prescribing classes of timber harvesting operator's licences; (d) prescribing activities or classes of activity for which a timber harvesting operator's licence is required; s. 95 -- 61 of 102 -- Victorian Legislation Parliamentary Documents Part 10—Miscellaneous Sustainable Forests (Timber) Act 2004 Act No. 48/2004 56 (e) prescribing penalties not exceeding 20 penalty units for a contravention of the regulations; (f) any other matter or thing that is required or permitted by this Act to be prescribed or that is necessary to be prescribed for carrying out or giving effect to this Act. (2) Regulations made under this Act— (a) may be of general or limited application; (b) may differ according to differences in time, place or circumstance; (c) may leave any matter or thing to be from time to time determined, approved or dispensed with by the Secretary or an authorised officer; (d) may apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification or method, formulated, issued, prescribed or published by any other person, whether— (i) wholly or partially or as amended by the regulations; or (ii) as formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or (iii) as formulated, issued, prescribed or published from time to time. (3) Regulations made under this Act may exempt specified persons or any class of persons from complying with all or any of the regulations. __________________ s. 96 -- 62 of 102 -- Victorian Legislation Parliamentary Documents Part 11—Amendments to the Forests Act 1958 Sustainable Forests (Timber) Act 2004 Act No. 48/2004 57 PART 11—AMENDMENTS TO THE FORESTS ACT 1958 97. Definitions (1) In section 3(1) of the Forests Act 1958 insert the following definition— ' "VicForests" has the same meaning as it has in section 3 of the Conservation, Forests and Lands Act 1987;'. (2) In section 3(1) of the Forests Act 1958— (a) for the definition of "forest produce" (where first occurring) substitute— ' "forest produce" means— (a) all parts of trees or plants, including any parts below the ground; (b) the products of trees or plants, whether or not those products have become separated from those trees or plants prior to being harvested and includes— (i) honey; (ii) beeswax; (iii) oil distilled from any species of eucalypt; (iv) firewood collected for domestic use; (c) stone, gravel, limestone, lime, salt, sand, loam, clay or brick-earth— but does not include— (d) gold, silver, metals or minerals; or See: Act No. 6254. Reprint No. 8 as at 1 January 2003 and amending Act No. 97/2003. LawToday: www.dms. dpc.vic. gov.au s. 97 -- 63 of 102 -- Victorian Legislation Parliamentary Documents Part 11—Amendments to the Forests Act 1958 Sustainable Forests (Timber) Act 2004 Act No. 48/2004 58 (e) subject to any specific provision to the contrary, timber resources within the meaning of the Sustainable Forests (Timber) Act 2004;'; (b) the definition of "forest produce" (where secondly occurring) is repealed. 98. New section 4 inserted Before section 5 of the Forests Act 1958 insert— "4. Forest produce is property of the Crown (1) All forest produce in State forest is the property of the Crown. (2) Property in forest produce only passes from the Crown to another person in accordance with this Act.". 99. Business of the Secretary (1) In section 5(1)(b) of the Forests Act 1958, for "the granting" substitute "subject to Part 4 of the Sustainable Forests (Timber) Act 2004, the granting". (2) In section 5(1)(c) of the Forests Act 1958, for "the collection" substitute "subject to Part 4 of the Sustainable Forests (Timber) Act 2004, the collection". 100. Repeal of redundant provisions—forest produce definition and timber promotion (1) Section 19(2) of the Forests Act 1958 is repealed. (2) Sections 20(ca) and 99(19C) of the Forests Act 1958 are repealed. s. 98 -- 64 of 102 -- Victorian Legislation Parliamentary Documents Part 11—Amendments to the Forests Act 1958 Sustainable Forests (Timber) Act 2004 Act No. 48/2004 59 101. Special powers of the Secretary (1) In section 21(1)(e) of the Forests Act 1958, after "timber" insert ", including timber resources within the meaning of the Sustainable Forests (Timber) Act 2004,". (2) After section 21(1) of the Forests Act 1958 insert— "(1AA) The Secretary must not exercise a power under sub-section (1)(a), (b) or (c) in respect of vested timber resources within the meaning of the Sustainable Forests (Timber) Act 2004.". 102. Reserved forests (1) In section 42(4) of the Forests Act 1958, for "Except" substitute "Subject to sub-section (4A), except". (2) After section 42(4) of the Forests Act 1958 insert— "(4A) Nothing in sub-section (4) prevents an allocation order under the Sustainable Forests (Timber) Act 2004 being made in respect of a reserved forest.". (3) In section 45(2) of the Forests Act 1958, for "Mines Act 1958" substitute "Mineral Resources Development Act 1990". 103. Repeal of power to exchange forests lands for unoccupied Crown lands (1) Insert the following heading to section 49 of the Forests Act 1958— "Excisions from reserved forest". s. 101 -- 65 of 102 -- Victorian Legislation Parliamentary Documents Part 11—Amendments to the Forests Act 1958 Sustainable Forests (Timber) Act 2004 Act No. 48/2004 60 (2) In section 49 of the Forests Act 1958— (a) in sub-section (1), omit ", in exchange for any unoccupied Crown land described in the Order,"; (b) sub-section (2) is repealed. (3) In section 49(3) of the Forests Act 1958— (a) in paragraph (a), for "land; and" substitute "land."; (b) paragraph (b) is repealed. 104. Committees of management—reserved forests (1) In section 50(5)(e) of the Forests Act 1958, omit "paragraph (b) of section fifty-one or". (2) Section 50(7) of the Forests Act 1958 is repealed. (3) For section 50(10)(a) of the Forests Act 1958 substitute— "(a) annually appoint a registered company auditor to audit the accounts and records of any committee of management; or". (4) After section 50(10) of the Forests Act 1958 insert— "(11) A registered company auditor appointed under sub-section (10)(a) is entitled to be paid by the committee of management such remuneration as the Governor in Council determines.". 105. Lease of land in reserved forest (1) In section 51 of the Forests Act 1958— (a) in paragraph (a), for "cattle;" substitute "cattle; or"; (b) paragraph (b) is repealed. s. 104 -- 66 of 102 -- Victorian Legislation Parliamentary Documents Part 11—Amendments to the Forests Act 1958 Sustainable Forests (Timber) Act 2004 Act No. 48/2004 61 (2) The proviso to section 51 of the Forests Act 1958 is repealed. 106. Licences and permits with respect to forests After section 52(1) of the Forests Act 1958 insert— "(2) The Secretary must not grant a licence or permit under this section in respect of vested timber resources within the meaning of the Sustainable Forests (Timber) Act 2004.". 107. Repeal of entitlement to licence reissue Section 52(6) of the Forests Act 1958 is repealed. 108. New section 52AA inserted After section 52 of the Forests Act 1958 insert— "52AA. No compensation payable or proceedings able to be taken On the repeal of section 52(6) by section 107 of the Sustainable Forests (Timber) Act 2004— (a) despite anything to the contrary in section 14 of the Interpretation of Legislation Act 1984, any entitlement, right or purported right in existence immediately before that repeal in respect of the granting of any further licence or permit for a licence or permit of a kind referred to in section 52(6) as in force immediately before its repeal ceases to exist; and (b) the holder of a licence or permit of a kind referred to in section 52(6) is not entitled to have that licence or permit renewed or reissued, whether any entitlement, right or purported right to s. 106 -- 67 of 102 -- Victorian Legislation Parliamentary Documents Part 11—Amendments to the Forests Act 1958 Sustainable Forests (Timber) Act 2004 Act No. 48/2004 62 do so arose under section 52(6), a term or condition of the licence or permit or in any other manner; and (c) no proceedings may be taken— (i) in respect of any loss, damage or injury resulting from or arising out of— (A) the loss of any entitlement, right or purported right referred to in paragraph (a) or (b); or (B) the enactment of this section; or (ii) to seek a renewal, reissue or grant of a licence or permit, whether arising under any entitlement, right or purported right to do so under section 52(6), a term or condition of the licence or permit or in any other manner; and (d) no compensation is payable in respect of any loss, damage or injury resulting from or arising out of— (i) the loss of any entitlement, right or purported right referred to in paragraph (a) or (b); or (ii) the enactment of this section.". 109. Repeal of sustainable yield provisions In the Forests Act 1958— (a) in section 3(1), the definitions of "forest management area", "sustainable yield rate", "timber supply period", "hardwood sawlog" and "hardwood sawlog supply level" are repealed; s. 109 -- 68 of 102 -- Victorian Legislation Parliamentary Documents Part 11—Amendments to the Forests Act 1958 Sustainable Forests (Timber) Act 2004 Act No. 48/2004 63 (b) sections 52A to 52F are repealed; (c) the Third Schedule to that Act is repealed. 110. Dealing with interests in leased land In section 56 of the Forests Act 1958, for "Subject to regulations under this Act, any" substitute "Any". 111. Protected forests (1) After section 58(5) of the Forests Act 1958 insert— "(6) Nothing in this section prevents an allocation order under the Sustainable Forests (Timber) Act 2004 being made in respect of a protected forest.". (2) After section 59(1) of the Forests Act 1958 insert— "(1A) Sub-section (1) does not apply to timber which is timber resources within the meaning of the Sustainable Forests (Timber) Act 2004, if that timber is harvested in accordance with that Act.". 112. New sections 62A to 62C inserted After section 62 of the Forests Act 1958 insert— "62A. Secretary may apply and use fire for land and resource management (1) Subject to this Act, the Secretary may, in a State forest or national park, or on protected public land, apply and use fire for the following purposes— (a) as part of silvicultural activities undertaken in the State forest or on protected public land; s. 110 -- 69 of 102 -- Victorian Legislation Parliamentary Documents Part 11—Amendments to the Forests Act 1958 Sustainable Forests (Timber) Act 2004 Act No. 48/2004 64 (b) to control pest animals and pest plants in the State forest, national park or on protected public land; (c) to maintain, manage, protect or enhance the ecology of, or land or vegetation in, the State forest, national park or on protected public land. (2) In applying and using fire in a State forest or national park, or on protected public land, the Secretary must have regard to any relevant Code of Practice. 62B. Agreement required for Secretary to apply or use fire in national parks or on protected public land The Secretary must not apply or use fire in a national park or on protected public land for any purpose set out in section 62A(1) unless the person or body that has management and control of the national park or protected public land agrees to its application or use. 62C. Secretary may enter into agreements and arrangements relating to the prevention and suppression of fires The Secretary may enter into an agreement or arrangement with any person or body in Victoria or elsewhere— (a) for assistance in the prevention and suppression of fire; (b) relating to research into the prevention and suppression of fire; (c) for training in relation to the prevention and suppression of fire; s. 112 -- 70 of 102 -- Victorian Legislation Parliamentary Documents Part 11—Amendments to the Forests Act 1958 Sustainable Forests (Timber) Act 2004 Act No. 48/2004 65 (d) for the supply of fire fighting equipment and apparatus and systems used in the prevention and suppression of fire; (e) for the provision by the Secretary of goods or services relating to the prevention and suppression of fire.". 113. Acute fire danger (1) In section 64(1) of the Forests Act 1958— (a) in paragraph (b) for "(as the case may be)—" substitute "(as the case may be); and"; (b) after paragraph (b) insert— "(c) suspend any timber harvesting operations within the meaning of the Sustainable Forests (Timber) Act 2004 being undertaken under that Act in so far as those operations are being undertaken in any such fire protected area or part of a fire protected area (as the case may be)—". (2) In section 64(2) of the Forests Act 1958— (a) in paragraph (b) for "(as the case may be)—" substitute "(as the case may be); or"; (b) after paragraph (b) insert— "(c) undertakes under the Sustainable Forests (Timber) Act 2004 any timber harvesting operations within the meaning of that Act in any such fire protected area or part of a fire protected area (as the case may be)—". s. 113 -- 71 of 102 -- Victorian Legislation Parliamentary Documents Part 11—Amendments to the Forests Act 1958 Sustainable Forests (Timber) Act 2004 Act No. 48/2004 66 114. Placing inflammable material In section 66 of the Forests Act 1958, after "forest produce" insert ", timber resources within the meaning of the Sustainable Forests (Timber) Act 2004". 115. Duty to prevent spread of fire (1) In section 67(3) of the Forests Act 1958, after "Victoria" insert "or who is a timber harvester". (2) After section 67(3) of the Forests Act 1958 insert— '(4) In sub-section (3) "timber harvester" means a person— (a) who has entered into an agreement with VicForests under the Sustainable Forests (Timber) Act 2004 for the harvesting and sale of timber resources or the harvesting or sale of timber resources within the meaning of that Act; or (b) undertaking timber harvesting operations within the meaning of that Act.'. 116. Repeal of redundant provisions—dugouts and sawmills (1) Sections 69 and 99(17B) to (17E) of the Forests Act 1958 are repealed. (2) In section 70(4)(a) of the Forests Act 1958, for "sixty-three to sixty-nine" substitute "63 to 68". (3) In section 99A(1) of the Forests Act 1958, for "(17A)(17B) or (17C)" substitute "or (17A)". (4) Sections 72 and 99(27) of the Forests Act 1958 are repealed. s. 114 -- 72 of 102 -- Victorian Legislation Parliamentary Documents Part 11—Amendments to the Forests Act 1958 Sustainable Forests (Timber) Act 2004 Act No. 48/2004 67 117. Prohibition on cutting timber (1) In section 77(1) of the Forests Act 1958, for "Notwithstanding" substitute "Subject to sub- section (1A), notwithstanding". (2) After section 77(1) of the Forests Act 1958 insert— "(1A) Sub-section (1) does not apply to timber which is timber resources within the meaning of the Sustainable Forests (Timber) Act 2004, if that timber is harvested in accordance with that Act.". 118. Power to direct route (1) In section 79 of the Forests Act 1958, after "forest produce" (wherever occurring) insert "or timber resources". (2) In section 79(3) of the Forests Act 1958, after "this Act" insert "or the Sustainable Forests (Timber) Act 2004 (as the case requires)". (3) After section 79(6) of the Forests Act 1958 insert— '(7) In this section "timber resources" has the same meaning as it has in the Sustainable Forests (Timber) Act 2004.'. 119. Payment of dues and charges After section 80(2) of the Forests Act 1958 insert— '(3) This section applies to timber resources within the meaning of the Sustainable Forests (Timber) Act 2004 used to supply managed licences within the meaning of that Act as if— (a) a reference to "forest produce" were a reference to "timber resources" within the meaning of that Act; and s. 117 -- 73 of 102 -- Victorian Legislation Parliamentary Documents Part 11—Amendments to the Forests Act 1958 Sustainable Forests (Timber) Act 2004 Act No. 48/2004 68 (b) a reference to the Secretary or the Crown were a reference to VicForests; and (c) a reference to "the Minister" were a reference to the Minister for Agriculture within the meaning of that Act; and (d) a reference to "this Act" were a reference to the Sustainable Forests (Timber) Act 2004. (4) If a provision of the Sustainable Forests (Timber) Act 2004 is inconsistent with this section as applied by sub-section (3), the provision of the Sustainable Forests (Timber) Act 2004 prevails.'. 120. Presumption as to ownership At the end of section 82 of the Forests Act 1958 insert— '(2) This section applies to timber resources within the meaning of the Sustainable Forests (Timber) Act 2004 used to supply managed licences within the meaning of that Act as if— (a) a reference to "forest produce" were a reference to "timber resources" within the meaning of that Act; and (b) a reference to the Crown were a reference to VicForests; and (c) a reference to "this Act" were a reference to the Sustainable Forests (Timber) Act 2004. s. 120 -- 74 of 102 -- Victorian Legislation Parliamentary Documents Part 11—Amendments to the Forests Act 1958 Sustainable Forests (Timber) Act 2004 Act No. 48/2004 69 (3) If a provision of the Sustainable Forests (Timber) Act 2004 is inconsistent with this section as applied by sub-section (2), the provision of the Sustainable Forests (Timber) Act 2004 prevails.'. 121. Search warrants In section 83 of the Forests Act 1958— (a) after "forest produce" (where twice occurring) insert "or timber resources within the meaning of the Sustainable Forests (Timber) Act 2004 used to supply managed licences within the meaning of that Act"; (b) after "charges" insert "under this Act or the Sustainable Forests (Timber) Act 2004 (as the case requires)". 122. New sections 95A to 95J inserted After section 95 of the Forests Act 1958 insert— "95A. Requirement to give name and address (1) If an authorised officer believes on reasonable grounds that a person has committed or is committing an offence against this Act or the regulations, the officer may ask the person to state his or her name and ordinary place of residence or business. (2) In making a request under sub-section (1), the authorised officer must inform the person of the grounds for the authorised officer's belief that the person has committed or is committing the offence. (3) A person must not, in response to a request under sub-section (1)— (a) refuse or fail to comply with the request without a reasonable excuse for doing so; or s. 121 -- 75 of 102 -- Victorian Legislation Parliamentary Documents Part 11—Amendments to the Forests Act 1958 Sustainable Forests (Timber) Act 2004 Act No. 48/2004 70 (b) state a name that is false in a material detail; or (c) state an address that is not the full and correct address of his or her ordinary place of residence or business. Penalty: 5 penalty units. (4) If a person states a name and address in response to a request under sub-section (1) and the authorised officer suspects on reasonable grounds that the stated name and address may be false, the officer may request the person to produce evidence of the correctness of the name and address. (5) A person to whom a request under sub- section (4) is made must comply with the request, unless he or she has a reasonable excuse for not doing so. Penalty: 5 penalty units. (6) It is not an offence for a person to fail to comply with a request under sub-section (1) or (4)— (a) if the authorised officer did not inform the person, at the time the request was made, that it is an offence to fail to comply with the request; or (b) if the authorised officer did not identify himself or herself in accordance with section 95B before making the request. 95B. Authorised officers must identify themselves An authorised officer must produce proof of his or her identity and official status— (a) before exercising a power under section 95A; and s. 122 -- 76 of 102 -- Victorian Legislation Parliamentary Documents Part 11—Amendments to the Forests Act 1958 Sustainable Forests (Timber) Act 2004 Act No. 48/2004 71 (b) at any time during the exercise of a power under section 95A, if asked to do so. 95C. Power to remove abandoned goods (1) An authorised officer may remove, or cause the removal of, any goods which the authorised officer reasonably believes have been abandoned in a State forest. (2) Subject to sub-section (3), an authorised officer must store the goods referred to in sub-section (1) in a safe place and manner for not less than 28 days. (3) An authorised officer may remove and immediately destroy or dispose of goods referred to in sub-section (1) if— (a) the goods are perishable; or (b) the goods are dangerous. (4) Nothing in this section affects the operation of any other Act or law affecting the removal, destruction or disposal of goods. Note: Other legislation of the State and Commonwealth may deal with the disposal of goods for example, the Dangerous Goods Act 1985. 95D. Owner to be sought and goods returned (1) An authorised officer must make reasonable enquiries to ascertain the rightful owner of goods removed and stored under section 95C before the end of 7 days after those goods are stored. (2) If the rightful owner of the goods is ascertained, the authorised officer must take reasonable steps to notify the rightful owner as to when and from where the goods can be collected. s. 122 -- 77 of 102 -- Victorian Legislation Parliamentary Documents Part 11—Amendments to the Forests Act 1958 Sustainable Forests (Timber) Act 2004 Act No. 48/2004 72 (3) The rightful owner of goods removed and stored under section 95C may apply at the office of the authorised officer who removed the goods for the return of those goods before they are dealt with under section 95E. 95E. What if goods are not collected or claimed? (1) An authorised officer may dispose of goods removed and stored under section 95C in any manner he or she thinks fit if— (a) those goods are not collected or claimed within a reasonable time after the rightful owner has been notified under section 95D(2); or (b) the rightful owner cannot be found. (2) If goods removed and stored under section 95C are disposed of by sale, the proceeds of the sale must be paid into the Consolidated Fund. 95F. Power to seize items (1) If an authorised officer believes on reasonable grounds that a person has committed or is committing an offence against this Act or the regulations, the authorised officer may seize any item used or being used by that person in the commission of the offence. (2) If an authorised officer seizes an item under this section, the authorised officer must immediately give the person a written receipt for the item seized indicating— (a) the nature of the item seized; and (b) the date and time that the authorised officer took possession of the item; and s. 122 -- 78 of 102 -- Victorian Legislation Parliamentary Documents Part 11—Amendments to the Forests Act 1958 Sustainable Forests (Timber) Act 2004 Act No. 48/2004 73 (c) the name of the authorised officer who seized the item and the address where the item will be held. 95G. Return of seized items (1) An authorised officer who seizes an item under section 95F must— (a) as soon as practicable after seizing the item, inform the person from whom the item was seized of that person's right to have it returned; and (b) ensure that the item is returned to the person from whom it was seized within 90 days after the date on which it was seized. (2) A person from whom an item was seized may apply at the office of the authorised officer who seized the item for its return within 90 days after it was seized. (3) This section does not apply if proceedings for an offence against the Act or the regulations in relation to which the item was seized have been commenced within 90 days of the item being seized. 95H. Recovery of seized item and compensation If an item seized under section 95F has not been returned to the person from whom it was seized, and— (a) proceedings are not instituted for an offence against this Act or the regulations in relation to the seized item within 90 days of the seizure; or s. 122 -- 79 of 102 -- Victorian Legislation Parliamentary Documents Part 11—Amendments to the Forests Act 1958 Sustainable Forests (Timber) Act 2004 Act No. 48/2004 74 (b) after proceedings have been instituted and completed, the defendant is not found guilty— the person from whom the item was seized is entitled to recover the seized item, or, if it has been destroyed, compensation equal to the market value of the item at the time of the seizure. 95I. Forfeiture to Crown (1) An item seized under section 95F that is not returned to the person from whom it was seized within 12 months after being so seized is forfeited to the Crown. (2) If any seized item is forfeited to the Crown under sub-section (1)— (a) the Minister may direct that it be disposed of in any manner that the Minister thinks fit; and (b) if it is sold, the proceeds of the sale must be paid into the Consolidated Fund. 95J. Court may order forfeiture to the Crown (1) A court which finds a person guilty of an offence against this Act or the regulations may order that any item used in the commission of the offence be forfeited to the Crown. (2) If an item is forfeited to the Crown under sub-section (1)— (a) the Minister may direct that the item be disposed of in any manner that the Minister thinks fit; and s. 122 -- 80 of 102 -- Victorian Legislation Parliamentary Documents Part 11—Amendments to the Forests Act 1958 Sustainable Forests (Timber) Act 2004 Act No. 48/2004 75 (b) if the Minister directs that the item is to be disposed of by sale, the proceeds of the sale must be paid into the Consolidated Fund.". 123. Offence provisions (1) In section 96(f) of the Forests Act 1958— (a) omit "exercises compulsion upon any authorised officer by violence or threats or"; and (b) omit "or assaults or obstructs any authorised officer in the execution of his duty". (2) In section 96(k) of the Forests Act 1958, after "timber" insert "(other than timber resources within the meaning of the Sustainable Forests (Timber) Act 2004)". (3) In section 96(m) of the Forests Act 1958, after "timber" insert "(including timber resources within the meaning of the Sustainable Forests (Timber) Act 2004)". (4) In section 96(n) of the Forests Act 1958, after "any regulation" insert "or the Sustainable Forests (Timber) Act 2004". 124. New sections 96A and 96B inserted After section 96 of the Forests Act 1958 insert— "96A. Offence to hinder or obstruct an authorised officer A person must not, without reasonable excuse, hinder or obstruct an authorised officer who is exercising that authorised officer's duties or powers under this Act or the regulations. Penalty: 60 penalty units. s. 123 -- 81 of 102 -- Victorian Legislation Parliamentary Documents Part 11—Amendments to the Forests Act 1958 Sustainable Forests (Timber) Act 2004 Act No. 48/2004 76 96B. Offence to threaten or abuse an authorised officer A person must not threaten or abuse an authorised officer who is exercising that authorised officer's duties or powers under this Act or the regulations. Penalty: 60 penalty units.". 125. New section 98 inserted After section 97 of the Forests Act 1958 insert— "98. Limitation of Supreme Court's jurisdiction—Sustainable Forests (Timber) Act 2004 It is the intention of section 52AA to alter or vary section 85 of the Constitution Act 1975.". 126. Regulation-making powers In section 99(15) of the Forests Act 1958, after "timber" insert ", including timber resources within the meaning of the Sustainable Forests (Timber) Act 2004,". __________________ s. 125 -- 82 of 102 -- Victorian Legislation Parliamentary Documents Part 12—Amendments to the Conservation, Forests and Lands Act 1987 Sustainable Forests (Timber) Act 2004 Act No. 48/2004 77 PART 12—AMENDMENTS TO THE CONSERVATION, FORESTS AND LANDS ACT 1987 127. Definition amended In section 3(1) of the Conservation, Forests and Lands Act 1987, in the definition of "forest produce" omit "in relation to reserved forest". 128. Part 5 substituted For Part 5 of the Conservation, Forests and Lands Act 1987 substitute— "PART 5—CODES OF PRACTICE 31. Power to make Codes of Practice (1) The Minister, in accordance with this Part, may make Codes of Practice which specify standards and procedures for the carrying out of any of the objects or purposes of a relevant law. (2) A Code of Practice may apply, adopt or incorporate any matter contained in any document, standard, rule, specification or method, formulated, issued, prescribed or published by any person whether— (a) wholly or partially or as amended by the Code of Practice; or (b) as formulated, issued, prescribed or published at the time the Code of Practice is made or at any time before then. See: Act No. 41/1987. Reprint No. 5 as at 17 June 2003 and amending Act No. 97/2003. LawToday: www.dms. dpc.vic. gov.au s. 127 -- 83 of 102 -- Victorian Legislation Parliamentary Documents Part 12—Amendments to the Conservation, Forests and Lands Act 1987 Sustainable Forests (Timber) Act 2004 Act No. 48/2004 78 32. Variation and revocation of Code of Practice The Minister, in accordance with this Part, may vary or revoke a Code of Practice at any time. 33. Advertisement of draft Code of Practice, variation or revocation (1) The Minister must give notice of— (a) any draft Code of Practice which the Minister proposes to make; (b) any variation of a Code of Practice which the Minister proposes to make; (c) any revocation of a Code of Practice which the Minister proposes to make. (2) A notice under sub-section (1) must be published— (a) in the Government Gazette; and (b) in a newspaper circulating generally throughout the State. (3) A notice under sub-section (1) must— (a) state where a copy of the draft Code of Practice, variation or revocation (as the case requires) may be obtained; and (b) state that submissions may be made to the Minister and that they must be made within 60 days of the publication of the notice. 34. Consideration of submissions The Minister must consider any submissions made to the Minister if those submissions are made within the time specified in section 33(3). s. 128 -- 84 of 102 -- Victorian Legislation Parliamentary Documents Part 12—Amendments to the Conservation, Forests and Lands Act 1987 Sustainable Forests (Timber) Act 2004 Act No. 48/2004 79 35. Tabling and disallowance (1) Before any draft Code of Practice or any variation or revocation of a Code of Practice is made, the Minister must ensure that a copy of that draft Code of Practice, variation or revocation is tabled in each House of the Parliament for 14 sitting days. (2) A draft Code of Practice or any variation or revocation of a Code of Practice may be disallowed by resolution of a House of the Parliament during the 14 sitting days after it is tabled under sub-section (1). 36. Incorporated material to be tabled If any Code of Practice applies, adopts or incorporates any matter under section 31(2) or a variation of a Code of Practice varies a Code of Practice so as to apply, adopt or incorporate such matter in the Code of Practice, the Minister must cause a copy of that matter to be tabled before each House of the Parliament as soon as is practicable after the Code of Practice or variation is made and notice of that making is published in the Government Gazette. 37. How is a Code of Practice made? (1) If a draft Code of Practice or any variation or revocation of a Code of Practice is not disallowed under section 35, the Minister may make that Code of Practice or any variation or revocation of a Code of Practice. (2) On the making of a Code of Practice or any variation or revocation of a Code of Practice the Minister must cause to be published in the Government Gazette notice of— s. 128 -- 85 of 102 -- Victorian Legislation Parliamentary Documents Part 12—Amendments to the Conservation, Forests and Lands Act 1987 Sustainable Forests (Timber) Act 2004 Act No. 48/2004 80 (a) the making of the Code of Practice or any variation or revocation of a Code of Practice; and (b) in the case of the making of the Code of Practice or any variation, the place where copies of the Code of Practice may be obtained. (3) A Code of Practice or any variation or revocation of a Code of Practice takes effect on— (a) the date that the notice under sub- section (2) is published in the Government Gazette; or (b) a later date specified in the notice. 38. Availability of Code of Practice A Code of Practice and any documents incorporated in a Code of Practice must be kept available for public inspection at— (a) the principal office of the Department; and (b) major regional offices of the Department. 39. Compliance with Codes of Practice Compliance with a Code of Practice is not required unless the Code of Practice is incorporated in or adopted by— (a) a relevant law; or (b) a condition specified in an authority given under a relevant law. s. 128 -- 86 of 102 -- Victorian Legislation Parliamentary Documents Part 12—Amendments to the Conservation, Forests and Lands Act 1987 Sustainable Forests (Timber) Act 2004 Act No. 48/2004 81 40. Incorporation of Codes of Practice by regulation (1) Any regulation made under this Act or any of the Acts specified in Schedule 1 or any Act administered by the Minister may incorporate or adopt a Code of Practice made in accordance with the objects or purposes of this or that Act, including any documents applied, incorporated or adopted by reference in the Code of Practice. (2) For the purposes of sub-section (1), a regulation may incorporate or adopt a Code of Practice— (a) wholly or partly or as amended by the regulation; or (b) as existing at the time when the regulation is made or at any time before then; or (c) as amended from time to time in accordance with this Act.". 129. VicForests staff to be authorised officers For section 83(1)(ab) of the Conservation, Forests and Lands Act 1987 (where secondly occurring) substitute— "(ac) for the purposes of this Part, a specified member of staff or a specified class of members of staff of the Zoological Parks and Gardens Board; or (ad) a specified member of staff or a specified class of members of staff of VicForests; or". s. 129 -- 87 of 102 -- Victorian Legislation Parliamentary Documents Part 12—Amendments to the Conservation, Forests and Lands Act 1987 Sustainable Forests (Timber) Act 2004 Act No. 48/2004 82 130. Section 95A amended (1) In section 95A(2) of the Conservation, Forests and Lands Act 1987— (a) in paragraph (b), for "taking." substitute "taking; or"; (b) after paragraph (b) insert— "(c) the taking of timber resources from a State forest; or (d) an activity in a State forest associated with the taking of timber resources.". (2) For section 95A(3) of the Conservation, Forests and Lands Act 1987 substitute— '(3) In this section— "Crown land" includes freehold land, managed land and vested land within the meaning of the Victorian Plantations Corporation Act 1993; "forest produce" has the same meaning as it has in the Forests Act 1958; "State forest" has the same meaning as it has in the Forests Act 1958; "timber resources" has the same meaning as it has in the Sustainable Forests (Timber) Act 2004.'. s. 130 -- 88 of 102 -- Victorian Legislation Parliamentary Documents Part 12—Amendments to the Conservation, Forests and Lands Act 1987 Sustainable Forests (Timber) Act 2004 Act No. 48/2004 83 131. New sections 121 and 122 inserted After section 120 of the Conservation, Forests and Lands Act 1987 insert— "121. Saving of appointments of authorised officers—Sustainable Forests (Timber) Act 2004 The amendment of section 83(1) by the Sustainable Forests (Timber) Act 2004 does not affect the appointment of any authorised officer under that section and in existence immediately before the commencement of section 129 of that Act. 122. Codes of Practice—Sustainable Forests (Timber) Act 2004 The Code of Forest Practices for Timber Production—Revision No. 2 November 1996 and the Code of Practice for Fire Management on Public Land, as made under Part 5 and in force immediately before the substitution of Part 5 by section 128 of the Sustainable Forests (Timber) Act 2004 are deemed, on and from that commencement to have been made under Part 5 as substituted by that Act and may be varied or revoked accordingly.". 132. Relevant law In Schedule 1 to the Conservation, Forests and Lands Act 1987, after "Reference Areas Act 1978." insert "Sustainable Forests (Timber) Act 2004.". __________________ s. 131 -- 89 of 102 -- Victorian Legislation Parliamentary Documents Part 13—Consequential Amendments to Other Acts and Transitional Provisions Sustainable Forests (Timber) Act 2004 Act No. 48/2004 84 PART 13—CONSEQUENTIAL AMENDMENTS TO OTHER ACTS AND TRANSITIONAL PROVISIONS Division 1—Consequential Amendments to Other Acts 133. Confiscation Act 1997 After item 9(c) of Schedule 1 to the Confiscation Act 1997 insert— "(d) sections 96A and 96B.". 134. Crown Land (Reserves) Act 1978 In section 20(1) of the Crown Land (Reserves) Act 1978, omit "where used in reference to or in connexion with or as to anything in any protected forest". 135. Land Act 1958 In section 3(1) of the Land Act 1958, in the definition of "forest produce", omit "(where used in reference to or in connection with or as to anything in a protected forest)". 136. National Parks Act 1975 In section 25B(3)(b) of the National Parks Act 1975, for ' "forest produce" from a protected forest as defined by' substitute "it has in". 137. Planning and Environment Act 1987 In section 6(4A)(a) of the Planning and Environment Act 1987— (a) omit ", and the instrument of approval of which has been ratified by Parliament,"; (b) for "section 55" substitute "section 39". s. 133 -- 90 of 102 -- Victorian Legislation Parliamentary Documents Part 13—Consequential Amendments to Other Acts and Transitional Provisions Sustainable Forests (Timber) Act 2004 Act No. 48/2004 85 138. Victorian Plantations Corporation Act 1993 (1) After section 15(6) of the Victorian Plantations Corporation Act 1993 insert— '(7) Despite the repeal of the definition of "timber supply period" in the Forests Act 1958, sections 52A to 52F of that Act and the Third Schedule to that Act by section 109 of the Sustainable Forests (Timber) Act 2004, for the purposes of this section, that definition, those sections and that Schedule continue to have effect as if they had not been repealed.'. (2) In section 23(1) of the Victorian Plantations Corporation Act 1993 omit "57A,". 139. Redundant Acts repealed The following Acts are repealed— (a) the Wood Pulp Agreement Act 1936; (b) the Forests (Pulpwood Agreement) Act 1959; (c) the Forests (Wood Pulp Agreement) Act 1984. Division 2—Transitional Provisions 140. General transitional provisions (1) This Division does not affect or take away from the Interpretation of Legislation Act 1984. (2) If this Division provides that a provision of an Act continues to apply to any matter or thing, then any regulation or other instrument having effect under that Act for the purposes of that provision also continues to apply to that matter or thing. s. 138 -- 91 of 102 -- Victorian Legislation Parliamentary Documents Part 13—Consequential Amendments to Other Acts and Transitional Provisions Sustainable Forests (Timber) Act 2004 Act No. 48/2004 86 (3) If, by virtue of this Division, a provision of an Act or a regulation or instrument continues to apply to a matter or thing, it continues to apply as in force immediately before the provision was repealed or revoked. (4) Subject to Part 4, this Division applies despite anything to the contrary in any other provision of this Act. 141. Forest operator's licences (1) A forest operator's licence within the meaning of the Timber Harvesting Regulations 2000 granted under section 52 of the Forests Act 1958 and in force immediately before the commencement of Division 2 of Part 6 of this Act is deemed, on and from that commencement— (a) to be a timber harvesting operator's licence issued under Division 2 of Part 6 for a period which corresponds to the remaining period of the forest operator's licence as in force immediately before that commencement; and (b) to be subject to the prescribed covenants, terms and conditions specified in regulation 9 of, and Schedule 3 to, the Timber Harvesting Regulations 2000 as in force immediately before that commencement until— (i) those conditions are amended or varied in accordance with Division 2 of Part 6; or (ii) the licence expires— whichever first occurs. s. 141 -- 92 of 102 -- Victorian Legislation Parliamentary Documents Part 13—Consequential Amendments to Other Acts and Transitional Provisions Sustainable Forests (Timber) Act 2004 Act No. 48/2004 87 (2) Any demerit points accrued under the Timber Harvesting Regulations 2000 in respect of a licence referred to in sub-section (1) and any suspension or cancellation in force at that commencement— (a) continue to apply in respect of that licence; and (b) must be recorded in the register established under Division 2 of Part 6 accordingly. __________________ s. 141 -- 93 of 102 -- Victorian Legislation Parliamentary Documents Sustainable Forests (Timber) Act 2004 Act No. 48/2004 88 SCHEDULES SCHEDULE 1 TRANSFERRED LICENCES (EAST) Licence Number: B000738 B000894 B000989 S000324 S000347 S000360 S000364 S000409 S000501 S000508 S000225 S000258 S000298 S000300 S000307 S000314 S000315 S000316 S000317 S000321 S000330 S000344 S000345 S000352 Sch. 1 -- 94 of 102 -- Victorian Legislation Parliamentary Documents Sustainable Forests (Timber) Act 2004 Act No. 48/2004 89 Licence Number: S000363 S000378 S000379 S000380 S000381 S000394 S000395 S000411 S000412 S000413 S000416 S000419 S000421 S000422 S000431 S000432 S000433 S000434 S000437 S000438 S000439 S000441 S000447 S000448 S000452 S000453 S000465 S000476 S000489 S000495 Sch. 1 -- 95 of 102 -- Victorian Legislation Parliamentary Documents Sustainable Forests (Timber) Act 2004 Act No. 48/2004 90 Licence Number: S000500 S000518 S000519 S000570 __________________ Sch. 1 -- 96 of 102 -- Victorian Legislation Parliamentary Documents Sustainable Forests (Timber) Act 2004 Act No. 48/2004 91 SCHEDULE 2 TRANSFERRED LICENCES (WEST) Licence Number: S000234 S000297 S000396 S000406 S000263 S000505 S000332 S000358 S000450 S000463 B000474 ═══════════════ Sch. 2 -- 97 of 102 -- Victorian Legislation Parliamentary Documents Sustainable Forests (Timber) Act 2004 Act No. 48/2004 92 ENDNOTES † Minister's second reading speech— Legislative Assembly: 13 May 2004 Legislative Council: 3 June 2004 The long title for the Bill for this Act was "to provide a framework for sustainable forest management and sustainable timber harvesting in State forests, to amend the Forests Act 1958 and the Conservation, Forests and Lands Act 1987, to consequentially amend other Acts and for other purposes." Constitution Act 1975: Section 85(5) statement: Legislative Assembly: 13 May 2004 Legislative Council: 3 June 2004 Absolute majorities: Legislative Assembly: 2 June 2004 Legislative Council: 9 June 2004 Endnotes -- 98 of 102 -- Victorian Legislation Parliamentary Documents Sustainable Forests (Timber) Act 2004 Act No. 48/2004 93 INDEX Subject Section Actamendments to Conservation, Forests and Land Act 1987 127–132 amendments to Forests Act 1958 97–126 amendments to other Acts 133–139 commencement 2 Crown bound by 4 purposes 1 transitional provisions 140–141 Allocation of timber resources See Timber resources Appeals 76 Authorised officers definition 3 identification 84, 85 offences against 86–87 powers, functions regarding fire prevention and suppression 80 obstructions in State forests 93–94 requests for name and address 84 seizure 88–89 timber harvesting operations 70–73 timber harvesting operator's licences 69 Codes of Practice activities under licence to be in accordance with 54, 56 compliance, audits of compliance with 46–49 definition 3 timber release plans to be consistent with 40, 43 Conservation, Forests and Land Act 1987 amendments to 127–132 Coupes (def.) 3 Definitions 3, 45, 94 Demerit points 61, 96, 141 Ecologically sustainable development See Sustainable forest management Fire prevention and suppression 78–83 Forest management See Sustainable forest management Forest stands (def.) 3 Forests Act 1958 amendments to 97–126 Forfeiture 91–92 Licences See Managed licences; Timber harvesting operator's licences -- 99 of 102 -- Victorian Legislation Parliamentary Documents Sustainable Forests (Timber) Act 2004 Act No. 48/2004 94 Subject Section Managed licences definition 3 matters not affected by operation of Part 4 34 Ministerial orders 35 transferred agreements 3, 31–32 transferred licences (east) 3, 25–27, Sch. 1 transferred licences (west) 3, 28–30, Sch. 2 VicForests cannot grant licences, permits 33 See also Timber harvesting operations Minister powers and duties regarding allocation of timber resources 13, 15, 17–21 audits of compliance with Codes of Practice 47–49 disposal of forfeited items 91–92 sustainable forest management 6–7, 10–11 transferred licences, agreements 35 Minister for Agriculture 3, 11, 21 Offences regarding authorised officers 86–87 requests for name and address 84 timber harvesting operations, operators 45, 50–52, 69–70, 75–76 Principles of ecologically sustainable development See Sustainable forest management Regulations 96 Review of allocation of timber resources 18–19 of decisions regarding operator's licences 60, 63–67 of timber release plans 43 Secretary charges payable by VicForests to 23–24 definition 3 powers, functions not affected by allocation orders 22 powers, functions regarding fire prevention and suppression 78–82 reports on indicators for sustainable forest management 8–9 timber release plans 40–41, 43 transfer of transferred licences, agreements from 25, 28, 31 See also Timber harvesting operator's licences Seizure 88–90 State forests (def.) 3 Supreme Court limitation of jurisdiction 95 Suspension notices See Timber harvesting operations Sustainable forest management criteria, indicators and reporting requirements 6–10 principles of ecologically sustainable development 3, 5 Sustainability Charter 11–12 -- 100 of 102 -- Victorian Legislation Parliamentary Documents Sustainable Forests (Timber) Act 2004 Act No. 48/2004 95 Subject Section Timber harvesting operations assistance in fire suppression by harvesters 80–82 authorised operations (def.) 45 definition 3 directions regarding conduct of 70 Occupational Health and Safety Act 1985 prevails 77 removal of obstructions from roads, areas used for 93–94 suspension notices 3, 71–76 unauthorised operations 45 unlicensed activities, operators 50–51 See also Codes of Practice Timber harvesting operator's licences applications 53 cancellation 56, 62 compliance with Codes of Practice by holders of 46–47, 54, 56 conditions 57–58 contraventions of conditions, regulations regarding 52 definition 3 demerit points 61, 96, 141 issue and duration 54 production for inspection 69 refusal to issue, renew 56, 59 register 68 regulations 96 renewal 55–56 review of decisions regarding 60, 63–67 suspension 56, 61 transitional provisions 141 unlicensed activities, operators 50–51 See also Timber harvesting operations Timber release plans approval by Secretary 40 changes to 43 contents 38 definition 3 duration 37 notice of approval 41–42 preparation 37 review 43 submission to Secretary 39 VicForests to operate in accordance with 44 Timber resources allocation orders activities authorised by 13, 15 amendment 17, 20 conditions 15, 20 contents 15 definition 3 duration 14 making of 13 -- 101 of 102 -- Victorian Legislation Parliamentary Documents Sustainable Forests (Timber) Act 2004 Act No. 48/2004 96 Subject Section Secretary's powers, functions not affected 22 timber release plans to be consistent with 40, 43 variation 17, 20 VicForests' functions under 9, 15, 16, 44 charges payable to Secretary by VicForests 23–24 definition 3 reduction, increase in allocation to VicForests 20–21 review of allocation 18–19 property in Crown 36 vested in VicForests 42, 43 See also Timber harvesting operations; Timber release plans Transferred agreements 3, 31–32, 35 Transferred licences (east) declared to be 35 definition 3 expiry 27 list Sch. 1 VicForests' functions and powers 25–26 Transferred licences (west) declared to be 35 definition 3 expiry 30 list Sch. 2 VicForests' functions and powers 28–29 Transitional provisions 140–141 Treasurer 11, 21 VicForests definition 3 powers and duties regarding Codes of Practice 46–49 fire prevention and suppression 78–79 information for reports on indicators 9 Sustainability Charter 12 timber release plans 37–39, 43, 44 transferred licences, agreements 25–32 vested timber resources 42–44 See also Timber resources Victorian Civil and Administrative Tribunal 60 -- 102 of 102 --