Victorian Current Acts

SUSTAINABLE FORESTS (TIMBER) ACT 2004

TABLE OF PROVISIONS

   PART 1--PRELIMINARY

   1.      Purposes  
   2.      Commencement  
   3.      Definitions  
   4.      Act binds the Crown  

   PART 2--SUSTAINABLE FOREST MANAGEMENT

   5.      Principles of ecologically sustainable development  
   6.      Minister to determine sustainability criteria and indicators and reporting requirements  
   7.      Determination to be published  
   8.      Secretary to report on indicators  
   9.      VicForests to provide certain information to the Secretary  
   10.     Minister may arrange audits  
   11.     Sustainability Charter  
   12.     VicForests to respond to Sustainability Charter  

   PART 3--ALLOCATION TO VICFORESTS

   12A.    Timber resources are property of the Crown  
   13.     Minister may make allocation order  
   14.     Property vests in VicForests on publication of order  
   15.     Contents of an allocation order  
   16.     VicForests' functions under allocation order  
   17.     Power to amend or vary allocation order  
   17A.    Effect of amendment or variation relating to the allocation of timber resources  
   18.     Review of allocation of timber resources  
   19.     Minister to have regard to certain matters  
   20.     What happens after a review?  
   21.     Minister to consult on reduction of allocation  
   21A.    Rights of third parties  
   22.     Minister's and Secretary's powers and functions not affected by order  
   23.     Charges  
   24.     VicForests required to pay charges  

   PART 4--MANAGED LICENCES

           Division 1--Transferred licences (east)

   25.     VicForests to administer and receive fees from transferred licences (east)  
   26.     VicForests powers  
   27.     Expiry of licence and no compensation or proceedings  

           Division 3--Transferred agreements

   31.     VicForests to administer and receive fees from transferred agreements  
   32.     Powers in respect of transferred agreements  

           Division 4--General

   33.     VicForests cannot grant licence or permit  
   34.     Part does not operate to breach contracts etc.  
   35.     Ministerial orders  

   PART 5--MANAGEMENT OF TIMBER RESOURCES BY VICFORESTS

   37.     VicForests to prepare plan  
   38.     Contents of plan  
   41.     VicForests to publish notice of plan  
   43.     Review of and changes to timber release plan  
   44.     VicForests to operate in accordance with timber release plan  
   45.     Offence to undertake unauthorised timber harvesting operations  
   45A.    Certain conduct of VicForests contractors taken to be conduct of VicForests  

   PART 6--MANAGEMENT OF TIMBER HARVESTING

           Division 1--Codes of Practice

   46.     Compliance with Codes of Practice  
   47.     Minister may arrange audits  
   48.     VicForests to respond to audit  
   49.     Minister to make findings available  

   PART 7--CONDUCT OF TIMBER HARVESTING OPERATIONS

   70.     Direction in relation to conduct of timber harvesting operations  
   71.     Suspension of timber harvesting operation  
   72.     What must a suspension notice contain?  
   73.     Notices may include directions  
   74.     Expiry of suspension notice once matter remedied  
   75.     Offence not to comply with suspension notice  
   76.     Appeals against suspension notices  
   77.     Occupational Health and Safety Act 2004 prevails  

   PART 7A--TIMBER HARVESTING SAFETY ZONES

   77A.    Power to declare certain areas for the purposes of this Part  
   77B.    What is a timber harvesting safety zone?  
   77C.    Notice of timber harvesting safety zone to be given  
   77D.    Direction to leave a timber harvesting safety zone  
   77E.    Direction to stop or move a vehicle in a timber harvesting safety zone  
   77F.    Direction to remove a dog from a timber harvesting safety zone  
   77G.    Offence to enter or remain in a timber harvesting safety zone  
   77H.    Offence to be in possession of a prohibited thing in a timber harvesting safety zone  
   77I.    Offence to allow a dog to enter a timber harvesting safety zone  
   77J.    Offence to remove or destroy a barrier or fence  
   77K.    Offence to remove or destroy notice  

   PART 8--FIRE PREVENTION AND SUPPRESSION

   78.     Agreements for prevention and suppression of fire  
   79.     Secretary may direct VicForests staff  
   80.     Secretary and authorised officers may direct timber harvesters  
   81.     Person must comply with direction  
   82.     Secretary to reimburse for assistance  
   83.     Part does not derogate from certain Acts  

   PART 8A--ENFORCEABLE UNDERTAKINGS

   83A.    Enforceable undertakings  
   83B.    Enforcement of undertakings  
   83C.    Register of undertakings  

   PART 8B--PRODUCTION OF DOCUMENTS

   83D.    Power to require production of documents  
   83E.    Production order to authorise production notice to be given to other persons  
   83F.    Application for extension of time period  
   83G.    How documents may be produced  
   83H.    Powers on production of documents  
   83I.    Receipt for retained documents  
   83J.    Return of produced documents  
   83K.    Forfeiture to Crown  
   83L.    Offence to contravene production notice  
   83M.    Offence to provide false or misleading information  
   83N.    Protection against self-incrimination  

   PART 9--ENFORCEMENT

   84.     Requirement to give name and address  
   85.     Authorised officers must identify themselves  
   86.     Offence to hinder or obstruct an authorised officer  
   87.     Offence to threaten or abuse an authorised officer  
   88.     Power to seize items  
   88A.    Power to search and seize prohibited things in timber harvesting safety zones  
   89.     Return of seized items  
   89A.    Retention and return or forfeiture of certain seized items  
   90.     Recovery of seized item and compensation  
   91.     Forfeiture to Crown  
   92.     Court may order forfeiture to the Crown  
   92A.    Time for bringing certain proceedings  
   93.     Direction to remove obstructions  
   94.     Authorised officer may remove obstructions in State forest  

   PART 9A--GENERAL OFFENCES

   94A.    Offence to hinder, obstruct or interfere with timber harvesting operations by using prohibited thing  
   94B.    Offence to hinder, obstruct or interfere with timber harvesting operations  

   PART 9B--BANNING NOTICE AND EXCLUSION ORDERS

           Division 1--Interpretation

   94C.    Meaning of specified offence  

           Division 2--Banning notices

   94CA.   Issue of banning notice  
   94CB.   Content of banning notice  
   94CC.   Variation and revocation of banning notice  
   94CD.   Offence to contravene banning notice  
   94CE.   Direction to leave area to which banning notice applies  
   94CF.   Offence to contravene a direction to leave area to which banning notice applies  

           Division 3--Exclusion orders

   94D.    Exclusion orders  
   94E.    Variation of exclusion order  
   94F.    Offence to contravene exclusion order  
   94G.    Direction to leave area to which exclusion order applies  
   94H.    Offence to refuse or fail to comply with direction to leave area to which exclusion order applies  

   PART 10--MISCELLANEOUS

   95.     Limitation of Supreme Court's jurisdiction  
   96.     Regulations  
   96A.     Instruments may incorporate documents  
   97.     Native title rights and interests not affected  

   PART 13--TRANSITIONAL PROVISIONS

   140.    Existing allocation order and timber release plan  
   141.    Transitional provision—Forests Legislation Amendment (Compliance and Enforcement) Act 2021  
   142.    Saving of existing enforceable undertakings  
           SCHEDULE 1
           SCHEDULE 2
           ENDNOTES