Victorian Numbered Acts

SUSTAINABLE FORESTS (TIMBER) ACT 2004 (NO 48 OF 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

   13.     Minister may make allocation order  
   14.     Period of allocation order  
   15.     Contents of an allocation order  
   16.     VicForests' functions under allocation order  
   17.     Power to amend or vary allocation order  
   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  
   22.     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 2--Transferred Licences (West)

   28.     VicForests to administer and receive fees from transferred licences (west)  
   29.     VicForests powers  
   30.     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

   36.     Timber resources are property of the Crown  
   37.     VicForests to prepare timber release plan  
   38.     Contents of plan  
   39.     Plan to be submitted to Secretary  
   40.     Secretary may approve plan  
   41.     Secretary to publish notice  
   42.     Property vests in VicForests on publication of notice  
   43.     Review of and changes to approved timber release plan  
   44.     VicForests to operate in accordance with approved timber release plan  
   45.     Offence to undertake unauthorised timber harvesting operations  

   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  

           Division 2--Licensing of Timber Harvesting Operators

   50.     Offence to carry out certain activities without a licence  
   51.     Offence to engage, contract with or employ unlicensed timber harvesting operators  
   52.     Offence to direct contravention of licence or regulations  
   53.      Application for licence  
   54.     Issue of licence  
   55.     Application for renewal  
   56.     Secretary may renew licence  
   57.     General conditions  
   58.     Notice and submissions on change of licence conditions  
   59.     Notification of refusal  
   60.     Review by VCAT  
   61.     Suspension of licence  
   62.     Cancellation of licence  
   63.     Application for review of suspension or cancellation  
   64.     Secretary to appoint panel  
   65.     Panel to review Secretary's decision  
   66.     Secretary to notify holder of outcome of review  
   67.     Decision to cancel or suspend not affected by review process  
   68.     Register  

   PART 7--CONDUCT OF TIMBER HARVESTING OPERATIONS

   69.     Direction to produce licence  
   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.     Suspension notice expires once matter remedied  
   75.     Offence not to comply with suspension notice  
   76.     Appeals against suspension notices  
   77.     Occupational Health and Safety Act 1985 prevails  

   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 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  
   89.     Return of seized items  
   90.     Recovery of seized item and compensation  
   91.     Forfeiture to Crown  
   92.     Court may order forfeiture to the Crown  
   93.     Direction to remove obstructions  
   94.     Authorised officer may remove obstructions in State forest  

   PART 10--MISCELLANEOUS

   95.     Limitation of Supreme Court's jurisdiction  
   96.     Regulations  

   PART 11--AMENDMENTS TO THE FORESTS ACT 1958

   97.     Definitions  
   98.     New section 4 inserted  
   99.     Business of the Secretary  
   100.    Repeal of redundant provisions—forest produce definition and timber promotion  
   101.    Special powers of the Secretary  
   102.    Reserved forests  
   103.    Repeal of power to exchange forests lands for unoccupied Crown lands  
   104.    Committees of management—reserved forests  
   105.    Lease of land in reserved forest  
   106.    Licences and permits with respect to forests  
   107.    Repeal of entitlement to licence reissue  
   108.    New section 52AA inserted  
   109.    Repeal of sustainable yield provisions  
   110.    Dealing with interests in leased land  
   111.    Protected forests  
   112.    New sections 62A to 62C inserted  
   113.    Acute fire danger  
   114.    Placing inflammable material  
   115.    Duty to prevent spread of fire  
   116.    Repeal of redundant provisions—dugouts and sawmills  
   117.    Prohibition on cutting timber  
   118.    Power to direct route  
   119.    Payment of dues and charges  
   120.    Presumption as to ownership  
   121.    Search warrants  
   122.    New sections 95A to 95J inserted  
   123.    Offence provisions  
   124.    New sections 96A and 96B inserted  
   125.    New section 98 inserted  
   126.    Regulation-making powers  

   PART 12--AMENDMENTS TO THE CONSERVATION, FORESTS AND LANDS ACT 1987

   127.    Definition amended  
   128.    Part 5 substituted  
   129.    VicForests staff to be authorised officers  
   130.    Section 95A amended  
   131.    New sections 121 and 122 inserted  
   132.    Relevant law  

   PART 13--CONSEQUENTIAL AMENDMENTS TO OTHER ACTS AND TRANSITIONAL PROVISIONS

           Division 1--Consequential Amendments to Other Acts

   133.    Confiscation Act 1997  
   134.    Crown Land (Reserves) Act 1978  
   135.    Land Act 1958  
   136.    National Parks Act 1975  
   137.    Planning and Environment Act 1987  
   138.    Victorian Plantations Corporation Act 1993  
   139.    Redundant Acts repealed  

           Division 2--Transitional Provisions

   140.    General transitional provisions  
   141.    Forest operator's licences  
           SCHEDULE 1
           SCHEDULE 2
           ENDNOTES