Victorian Current Acts

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FORESTS ACT 1958 - SECT 96AA

Offence to cut etc. timber in a State forest

    (1)     A person must not cut, split, fell, obtain, remove or take any timber in a State forest, except as set out in subsection (2).

Penalty:     50 penalty units or imprisonment for 1 year or both.

Note

A person involved in the commission of an offence may be taken to have committed that offence: see section 324 of the Crimes Act 1958 .

    (2)     A person may cut, split, fell, obtain, remove or take timber in a State forest in accordance with one or more of the following—

        (a)     a lease, licence, permit or authorisation made, issued, granted or otherwise provided for under this or any other Act;

        (b)     the regulations or regulations made under any other Act;

        (c)     an allocation order under the Sustainable Forests (Timber) Act 2004 and a timber release plan that relates to that allocation order;

        (d)     an authorisation under Part 4 of the Sustainable Forests (Timber) Act 2004 ;

        (e)     the provisions of this Act relating to the collection of firewood for domestic use (sections 57O to 57ZF).

    (3)     Subsection (1) applies to any timber in a State forest

        (a)     whether or not that timber is owned by or vested in the Crown; and

        (b)     whether or not the timber is located in an area to which an allocation order under the Sustainable Forests (Timber) Act 2004 applies.

    (4)     In this section, "timber "includes—

        (a)     firewood; and

        (b)     timber resources within the meaning of the Sustainable Forests (Timber) Act 2004 ; and

        (c)     any other wood, trees or parts of trees.

S. 96A inserted by No. 48/2004 s. 124.



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