Victorian Current Acts

FORESTS ACT 1958

TABLE OF PROVISIONS

           Long Title

   1.      Short title and commencement  
   3.      Definitions  
   3A.     Application of Road Management Act 2004  
   3B.     Transport Integration Act 2010  
   3C.     Filming Approval Act 2014  
   3D.     Traditional owner agreement for natural resources  
   4.      Forest produce is property of the Crown  
   5.      Business of the Secretary  
   6.      Minister, Secretary, Parks Victoria or Great Ocean Road Coast and Parks Authority not to control mining  
   7.      Restriction on cutting or removing timber or forest produce  
   8.      Power to Governor in Council to except certain areas from occupation under leases, licences etc.  
   18.     General powers of Secretary, Parks Victoria and Great Ocean Road Coast and Parks Authority  
   18AA.   Responsibilities of the Secretary in State forest that is Parks Victoria recorded land or land managed by Great Ocean Road Coast and Parks Authority  
   18A.    Secretary and Parks Victoria to manage reserve land  
   18B.    Obligations of Secretary and Parks Victoria in relation to Yarra River land  
   18C.    Obligations of Secretary, Parks Victoria or Great Ocean Road Coast and Parks Authority in relation to declared areas  
   18D.    Obligations of Secretary, Parks Victoria and Great Ocean Road Coast and Parks Authority in relation to the Great Ocean Road region  
   19.     Power to place forest produce on catchment areas under control of Secretary  
   20.     Other powers and duties of Secretary, Parks Victoria and Great Ocean Road Coast and Parks Authority  
   21.     Special powers of Secretary and Parks Victoria  
   22.     Working plans for State forests  
   26B.    Conduct of forestry schools and sharing of facilities  
   27A.    Employment of persons who are not public servants  
   28.     Management agreements with Traditional Owner Land Management Boards  
   29.     Power to authorise Chief Fire Officer to perform fire related activities  
   38.     Power to acquire compulsorily land for certain forest purposes  
   40.     Power to make regulations as to classification grading and naming of Victorian timbers etc.  
   41.     Reserved forest and the Land Act 1958  
   42.     Reserved forests  
   45.     Future dedication of Crown land as reserved forests  
   46.     Notice of intention to dedicate  
   47.     Power to acquire land for forests  
   48.     Power to acquire private land for forests  
   49.     Excisions from reserved forest  
   50.     Power to declare land in reserved forests to be a forest park etc.  
   50AA.   Revocation and further setting aside and declaration of land  
   50A.    Secretary may accept gift of certain lands subject to conditions  
   51.     Leases of land in reserved forests  
   52.     Licences and permits with respect to forests  
   52AA.   No compensation payable or proceedings able to be taken  
   53.     Power to submit certain leases licences or permits to auction or tender  
   54.     Lease etc. with respect to timber to contain condition as to insurance against loss by fire  
   55.     No compensation for improvements  
   56.     Dealing with interest in leased land  
   57.     Restriction of rights of lessees and licensees  
   57A.    Land to be managed consistently with joint management plan  
   57B.    Lease of land to a generation company  
   57C.    Issue of licences over land to a generation company  
   57D.    Agreement with electricity company—reserved forest  
   57E.    Offence to conduct organised tour or recreational activity on Crown land in reserved forest if unlicensed  
   57F.    Grant of tour operator licence  
   57G.    Application for tour operator licence  
   57H.    Requirement to pay annual licence fee after grant of tour operator licence  
   57I.    Tour operator licence conditions  
   57J.    Contravention of condition an offence  
   57K.    Variation of tour operator licence  
   57L.    Suspension of tour operator licence  
   57M.    Making submissions on suspension  
   57N.    Cancellation of tour operator licence  
   57NA.   Direction relating to certain activities under licence or permit  
   57NB.   Suspension of certain activities under licence or permit  
   57NC.   Contents of suspension notice  
   57ND.   Notice may include direction  
   57NE.   Expiry of suspension notice once matter remedied  
   57NF.   Offence not to comply with suspension notice  
   57NG.   Appeal against suspension notice  
   57NH.   Occupational Health and Safety Act 2004 prevails  
   57O.    Definitions  
   57Q.    Offence to cut or take away fallen or felled trees outside firewood collection area and season  
   57R.    Person may nominate another to cut and take away fallen or felled trees for firewood  
   57S.    Firewood collection season  
   57T.    Secretary may vary firewood collection season  
   57U.    Secretary may determine firewood collection areas  
   57V.    Identification of firewood collection areas  
   57W.    Offence to cut or take away fallen or felled trees in firewood collection area unless a class member or nominated by class member  
   57X.    Offences as to amount of fallen or felled trees cut or taken away in a day  
   57Y.    Household limit of fallen or felled trees cut or taken away in a financial year  
   57Z.    Household limit of fallen or felled trees cut and taken away in a financial year—offences relating to nominations  
   57ZA.   Secretary may determine amount of fallen or felled trees cut and taken away in certain regions  
   57ZB.   Offence to exceed regional limit  
   57ZC.   Offence as to sale of fallen or felled trees  
   57ZD.   Offences relating to conduct in a firewood collection area  
   57ZE.   Production of nomination if requested by authorised officer  
   57ZF.   No offence if authorised by licence or authorisation etc. or regulations  
   58.      Proclamation of protected forests  
   59.     Protected trees in protected forests  
   60.     Reserved trees in protected forests  
   61.     Penalty for cutting reserved trees  
   61A.    Chief Fire Officer  
   61B.    Functions of Chief Fire Officer  
   61C.    Immunity  
   61D.    Emergency Management Victoria  
   61E.    Compliance with operational standards of Emergency Management Commissioner  
   61EA.   Report on compliance with operational standards developed by the Emergency Management Commissioner  
   61EB.   Strategic Action Plan  
   61F.    Compliance with incident management operating procedures  
   62.     Declaration of protected public lands  
   62AA.   Duty to warn the community  
   62A.    Secretary may apply and use fire for land and resource management  
   62B.    Agreement required for Secretary to apply or use fire in national parks or on protected public land  
   62C.    Secretary may enter into agreements and arrangements relating to the prevention and suppression of fires and recovery from fires  
   63.     Restrictions as to lighting etc. fires in certain areas  
   64.     Absolute prohibition of use of fire when acute fire danger exists  
   65.     Enforcement of burning off etc. near State forest or national park  
   66.     Placing inflammable material for the purpose of causing fire etc.  
   66A.    Offence to leave certain campfires or barbeques unattended  
   66B.    Offences as to having clear areas around certain campfires or barbeques  
   66C.    Offence as to campfires or barbeques above a certain size  
   67.     Duty to prevent spread of fire etc.  
   68.     Secretary may carry out clearing and preventive burning  
   70.     Provisions relating to offences against fire prevention provisions  
   71.     Liability of Secretary for damage caused by fire  
   72.     Immunity provision  
   72A.    Definitions  
   72B.    Meaning of occupational forest firefighter  
   72C.    Meaning of surge forest firefighter  
   72D.    Construction of sections 72A to 72R  
   72E.    Rebuttable presumption as to cause of certain diseases in relation to occupational forest firefighters  
   72F.    Determination as to whether a forest firefighter is an occupational forest firefighter  
   72G.    Determination of whether section 72E requirement is met  
   72H.    Rebuttable presumption as to cause of certain diseases in relation to surge forest firefighters  
   72I.    Determination as to whether a forest firefighter is a surge forest firefighter  
   72J.    Determination of whether section 72H requirement is met  
   72K.    Determination of the qualifying period  
   72L.    Special consideration  
   72M.    What is an exceptional exposure event?  
   72N.    Application for special consideration  
   72O.    Determination of application for special consideration  
   72P.    Payments  
   72Q.    Self-insurer to pay costs of advisory committee  
   72R.    Establishment of advisory committee  
   73.     Deposit of maps showing alterations in forests  
   74.     Power for Magistrates' Court to order removal of unauthorized buildings etc. in reserved forest  
   75.     Production of licence etc. on demand  
   75A.    Production notice  
   75B.    Production order to authorise production notice  
   75C.    Application for extension of time  
   75D.    How documents may be produced  
   75E.    Powers on production of documents  
   75F.    Receipt for retained documents  
   75G.    Return of produced documents  
   75H.    Forfeiture to the Crown  
   75I.    Offence to contravene production notice  
   75J.    Offence to provide false or misleading information  
   75K.    Protection against self-incrimination  
   75L.    Enforceable undertaking  
   75M.    Enforcement of undertaking  
   75N.    Register of undertakings  
   76.     As to injuring trees on Crown lands the subject of a grazing licence  
   77.     Prohibition of cutting etc. timber etc. on certain roads without authority of Secretary  
   78.     Power of authorised officer  
   79.     Power to direct route for removal etc. of forest produce  
   80.     Payment of dues and charges  
   81.     Unbranded forest produce to be deemed to belong to Crown  
   82.     Presumption as to ownership of forest produce  
   83.     Search warrant for secreted forest produce  
   84.     Restriction on dealings by authorised officers  
   85.     Agistment fees chargeable for cattle in reserved forest  
   88.     Penalty for unauthorised occupation or depasturing on reserved forests  
   89.     Unbranded wild cattle to belong to Crown  
   91.     Plantations for Government schools  
   92.     Management of Government school plantation  
   94.     Returns by saw-millers  
   95.     Powers of entry by authorized officers etc.  
   95A.    Requirement to give name and address  
   95B.    Authorised officers must identify themselves  
   95C.    Power to remove abandoned goods  
   95D.    Owner to be sought and goods returned  
   95E.    What if goods are not collected or claimed?  
   95F.    Power to seize items  
   95G.    Return of seized items  
   95H.    Recovery of seized item and compensation  
   95I.    Forfeiture to Crown  
   95J.    Court may order forfeiture to the Crown  
   96.     Offences  
   96AA.   Offence to cut etc. timber in a State forest  
   96A.    Offence to hinder or obstruct an authorised officer  
   96B.    Offence to threaten or abuse an authorised officer  
   96D.    Offences not to apply for cutting or taking away fallen or felled trees for domestic use as firewood  
   96E.    Certain offences not to apply if acting under and in accordance with levee maintenance permit  
   96F.    Offence to construct, remove, alter, or carry out maintenance on, a levee within reserved forest  
   97.     General penalty for offence against Act  
   98.     Limitation of Supreme Court's jurisdiction—Sustainable Forests (Timber) Act 2004  
   99.     Regulations  
   99A.    Regulation-making powers  
   99B.    Instruments may incorporate documents  
   100.    Power to make regulations as to eradication etc. of tree pests, diseases in timber etc.  
   100A.   Tour operator licence regulations  
   100B.    Regulations for cutting or taking away fallen or felled trees in firewood collection areas during firewood collection seasons  
   100C.   Regulations for forest firefighters presumptive rights compensation  
   102.    Once only harvesting of pines in Otway Forest Park  
   105.    Transitional provision—Parks Victoria Act 2018  
   106.    Transitional provision for tour operator licences—Great Ocean Road and Environs Protection Amendment Act 2021  
   107.    Transitional provision—Forests Amendment (Forest Firefighters Presumptive Rights Compensation) Act 2021  
   109.    Sustainable Forests (Timber) Repeal Act 2024—Regulations dealing with transitional matters  
           SECOND SCHEDULE
           THIRD SCHEDULE
           ENDNOTES