Victorian Current Acts Victorian Current ActsS. 80(1) amended by Nos 41/1987 s. 103(Sch. 4 item 24.93), 37/2014 s. 10(Sch. item 67.4).
(1) All forest produce cut or obtained in a forest upon which under the provisions of this Act any royalties dues or charges are payable shall until the payment thereof remain the property of the Crown and may be seized and detained or removed by any authorised officer or police officer until such royalties dues and charges have been paid, and in default of payment within ten days of the seizure may by direction of the Minister be disposed of or destroyed.
S. 80(2) inserted by No. 6976 s. 16(b), amended by Nos 41/1987
s. 103(Sch. 4 item 24.94),
76/1998
s. 10(1)(u).
(2) Where forest produce which was cut by or on behalf of a person being the holder of any lease licence permit or authority under this Act is sold by direction of the Minister pursuant to subsection (1) of this section the Secretary shall, after deducting therefrom all royalties dues and charges owing by that person to the Secretary in respect of that or any other forest produce and the costs of seizing detaining removing and selling that forest produce, pay the proceeds of the sale to that person.
S. 80(3) inserted by No. 48/2004 s. 119.
(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
(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 .
S. 80(4) inserted by No. 48/2004 s. 119.
(4) If a provision of the Sustainable Forests (Timber) Act 2004 is inconsistent with this section as applied by subsection (3), the provision of the Sustainable Forests (Timber) Act 2004 prevails.
No. 6073 s. 81.
S. 81 amended by Nos 7876 s. 2(3), 57/1989 s. 3(Sch. item 81.6), 81/1989 s. 3(Sch. item 17.3).