{"id":"sr:crown-land-reserves-domestic-firewood-regulations-2022","name":"Crown Land (Reserves) (Domestic Firewood) Regulations 2022","slug":"crown-land-reserves-domestic-firewood-regulations-2022","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":183740,"registerId":"vic-sr:crown-land-reserves-domestic-firewood-regulations-2022-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Crown Land (Reserves) (Domestic Firewood) Regulations 2022","content":"Version No. 002\n\n**Crown Land (Reserves) (Domestic Firewood) Regulations 2022**\n\n**S.R. No. 62/2022**\n\nVersion incorporating amendments as at  \n20 September 2022\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\n1 Objectives 1\n\n2 Authorising provision 1\n\n3 Commencement 1\n\n4 Revocation 1\n\n5 Definitions 2\n\n6 Nomination of another person to cut and take away fallen or felled trees for firewood 3\n\n7 Offences relating to conduct in a firewood collection area during a firewood collection season 3\n\n8 No offence if authorised by licence or authorisation etc. 4\n\n9 Application of these Regulations to traditional owner groups 4\n\nSchedule 1—Forms 5\n\n═════════════\n\nEndnotes 6\n\n1 General information 6\n\n2 Table of Amendments 8\n\n3 Explanatory details 9\n\n**Version No.** **002**\n\n**Crown Land (Reserves) (Domestic Firewood) Regulations 2022**\n\n**S.R. No. 62/2022**\n\nVersion incorporating amendments as at  \n20 September 2022\n\n\t1 Objectives\n\nThe objectives of these Regulations are—\n\n(a) to regulate or prohibit certain conduct in a firewood collection area during a firewood collection season in certain regional parks; and\n\n(b)  to prescribe offences; and\n\n(c) to prescribe a nomination form for the purposes of section 21M of the **Crown Land (Reserves) Act 1978**.\n\n\t2 Authorising provision\n\nThese Regulations are made under section 32 of the **Crown Land (Reserves) Act 1978**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 27 August 2022.\n\n\t4 Revocation\n\nThe Crown Land (Reserves) (Domestic Firewood) Regulations 2012[[1]](#endnote-2) are **revoked**.\n\n\t5 Definitions\n\nIn these Regulations—\n\nReg. 5 def. of *agreed activity* inserted by S.R. No. 83/2022 reg. 3.\n\n***agreed activity***  has the same meaning as in section 79 of the **Traditional Owner Settlement Act 2010**;\n\n***heavy machinery*** includes any bulldozer, crane, excavator, forwarder, hydraulic log splitter, saw bench, skidder, skid steer loader, tractor and heavy vehicle;\n\n***heavy vehicle***  has the same meaning as in the **Road Safety Act 1986**;\n\n***impermeable surface*** means any surface which would prevent oil or fuel from being absorbed into the ground if spilled and includes a tarpaulin, tray or trailer;\n\n***the Act*** means the **Crown Land (Reserves) Act 1978**;\n\nReg. 5 def. of *traditional owner group* inserted by S.R. No. 83/2022 reg. 3.\n\n***traditional owner group*** has the same meaning as in the **Traditional Owner Settlement Act 2010**;\n\nReg. 5 def. of *traditional owner group agreement* inserted by S.R. No. 83/2022 reg. 3.\n\n***traditional owner group agreement*** means an agreement under Part 6 of the **Traditional Owner Settlement Act 2010**;\n\nReg. 5 def. of *traditional owner group entity* inserted by S.R. No. 83/2022 reg. 3.\n\n***traditional owner group entity*** has the same meaning as in the **Traditional Owner Settlement Act 2010**;\n\n***watercourse*** has the same meaning as in section 384 of the **Land Act 1958**.\n\n\t6 Nomination of another person to cut and take away fallen or felled trees for firewood\n\nFor the purposes of section 21M(2)(a) of the Act, the prescribed form is Form 1 in Schedule 1.\n\n\t7 Offences relating to conduct in a firewood collection area during a firewood collection season\n\n(1) A person must not, in a firewood collection area during a firewood collection season, cut or take away fallen or felled trees within 20 metres of a watercourse.\n\nPenalty: 20 penalty units.\n\n(2) A person must not, in a firewood collection area during a firewood collection season, tow or winch fallen or felled trees along the ground.\n\nPenalty: 20 penalty units.\n\n(3) A person must not bring heavy machinery into a firewood collection area during a firewood collection season.\n\nPenalty: 20 penalty units.\n\n(4) A person must not operate heavy machinery in a firewood collection area during a firewood collection season.\n\nPenalty: 20 penalty units.\n\n(5) A person must not, in a firewood collection area during a firewood collection season, fill a chainsaw with oil or fuel unless the chainsaw is situated on an impermeable surface.\n\nPenalty: 5 penalty units.\n\n\t8 No offence if authorised by licence or authorisation etc.\n\n(1) Regulation 7(1) and (2) do not apply to a person who cuts or takes away fallen or felled trees in a regional park in accordance with a lease, licence, permit or authorisation held by the person under the Act or any other Act or regulations under any other Act.\n\n(2) Regulation 7(3) and (4) do not apply to a person who carries out an activity referred to in regulation 7(3) or (4) in accordance with a lease, licence, permit or authorisation held by the person under the Act or any other Act or regulations under any other Act.\n\nReg. 9 inserted by S.R. No. 83/2022 reg. 4.\n\n\t9 Application of these Regulations to traditional owner groups\n\nIf a traditional owner group entity has entered into a traditional owner group agreement, any provision of these Regulations that provides for an offence to carry out an agreed activity under that agreement does not apply to a member of the traditional owner group—\n\n(a) who is bound by the agreement; and\n\n(b) who carries out the agreed activity to which the offence relates in accordance with the agreement and on land to which the agreement applies.\n\nSchedule 1—Forms\n\nForm 1\n\nRegulation 6\n\n**Nomination Form—Collection of Firewood for Domestic Use**\n\nName of nominating person\n\nAddress of nominating person\n\nTelephone number of nominating person\n\nI, the undersigned, under section 21M of the **Crown Land (Reserves) Act 1978**, nominate [*name and address of nominated person*] to cut and take away fallen or felled trees on my behalf for domestic use as firewood.\n\nThe maximum amount of fallen or felled trees to be cut and taken away by [*name and address of nominated person*] is [*amount of fallen or felled trees*] cubic metres.\n\nSigned\n\nDate\n\n**Note—maximum amount**\n\nThe specified maximum amount of fallen or felled trees must not exceed 16 cubic metres for the current financial year when added to the following amounts—\n\n• the maximum amounts specified in any other nomination made by you or a member of your household (whether the nomination is made under the **Crown Land (Reserves) Act 1978** or the **Forests Act 1958**);\n\n• the amounts of fallen or felled trees already cut and taken away in this financial year by you or members of your household as firewood (whether cut or taken away in a firewood collection area determined under the **Crown Land (Reserves) Act 1978** or the **Forests Act 1958**).\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Crown Land (Reserves) (Domestic Firewood) Regulations 2022, S.R. No. 62/2022 were made on 9 August 2022 by the Governor in Council under section 32 of the **Crown Land (Reserves) Act 1978**, No. 9212/1978 and came into operation on 27 August 2022: regulation 3.\n\nThe Crown Land (Reserves) (Domestic Firewood) Regulations 2022 will sunset 10 years after the day of making on 9 August 2032 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThis publication incorporates amendments made to the Crown Land (Reserves) (Domestic Firewood) Regulations 2022 by statutory rules, subordinate instruments and Acts.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\nCrown Land (Reserves) (Domestic Firewood) Amendment Regulations 2022, S.R. No. 83/2022\n\n| *Date of Making:* | 20.9.22 |\n| --- | --- |\n| *Date of Commencement:* | 20.9.22 |\n\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n3 Explanatory details\n\n1. Reg. 4: S.R. No. 92/2012.\n\n  ——\n\n  **Penalty Units**\n\n  These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the **Sentencing Act 1991**. The amount of the penalty is to be calculated, in accordance with section 7 of the **Monetary Units Act 2004**, by multiplying the number of penalty units applicable by the value of a penalty unit.\n\n  The value of a penalty unit for the financial year commencing 1 July 2022 is $184.92. The amount of the calculated penalty may be rounded to the nearest dollar.\n\n  The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the **Monetary Units Act 2004**. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. [↑](#endnote-ref-2)","sortOrder":0}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"Amendments made by S.R. No. 83/2022 inserted definitions (Reg 5) and Reg 9, which exempts members of traditional owner group entities from certain offences when carrying out 'agreed activities' under a traditional owner group agreement. That amendment narrows the Regulations' application for those groups while leaving the core prohibitions and nomination/form scheme intact; earlier 2012 Regulations were revoked (Reg 4)."},"complexity_factors":["Clear, limited set of offences with stated penalties (Reg 7)","Multiple cross‑references to other Acts for defined terms and authorisations (Reg 5; Reg 8)","Exemptions that alter application depending on authorisation status (Reg 8) and traditional owner group agreements (Reg 9, S.R. No.83/2022)","Prescribed nomination form and quantitative cap on nominated amounts (Reg 6; Schedule 1, Note)","Penalty amounts linked to variable 'penalty unit' value (Explanatory details)"],"plain_english_summary":"These Regulations set rules for collecting domestic firewood in specified regional parks: they ban cutting or removing fallen/felled trees within 20 metres of watercourses, towing logs along the ground, bringing or operating heavy machinery, and refuelling chainsaws off impermeable surfaces, and they prescribe penalties and a nomination form for delegating collection. The rules apply to people collecting firewood, with exemptions for holders of leases/licences/authorisations and, following an amendment, members of traditional owner group entities acting under a traditional owner group agreement. Enforcement creates a risk of fines for non‑compliance."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on available metadata, the regulations appear to remain focused on their stated purpose — governing domestic firewood collection from Crown reserves. There is no evidence of scope creep beyond the original intent indicated by the title. However, the absence of full legislative text limits the confidence of this assessment."},"complexity_factors":["Narrow, specific subject matter (domestic firewood collection only) keeps complexity low","Operates within an established legislative framework (Crown Land (Reserves) Act 1978) reducing standalone complexity","Likely contains definitional distinctions (e.g. 'domestic' vs commercial use) that require careful reading","Full text was unavailable — actual complexity could be higher if there are detailed permit conditions, schedules, or penalty provisions","Interactions with environmental and forestry laws may add hidden complexity for practitioners"],"plain_english_summary":"This regulation governs when and how members of the public may collect fallen or dead wood for personal home heating from Crown land reserves in Victoria. It affects everyday Victorians who rely on wood heating and the land managers who enforce reserve rules.\n\nBy defining permitted collection, limits and conditions, it balances public access to affordable firewood with environmental protection — and makes clear that taking wood outside those rules can attract fines or prosecution."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":false,"description":"The legislation remains focused on its original purpose of regulating domestic firewood collection in regional parks. The 2022 amendments added provisions for Traditional Owner groups (Regulation 9 and related definitions), but this represents a refinement to accommodate native title settlements rather than scope creep. The core regulatory framework—controlling how, where, and with what equipment firewood can be collected—remains consistent with the original 2012 regulations being replaced."},"complexity_factors":["Short length (9 regulations plus schedule)","Straightforward offence structure with clear prohibitions in Regulation 7","Limited cross-referencing (primarily to Crown Land (Reserves) Act 1978, Traditional Owner Settlement Act 2010, and Land Act 1958 for definitions)","Simple conditional logic in exceptions (Regulation 8 and 9)","11 defined terms in Regulation 5, mostly incorporating definitions from other Acts rather than creating complex new concepts","Single schedule with one form"],"plain_english_summary":"These regulations set the rules for collecting firewood for personal use from designated areas in Victoria's regional parks. They replace the 2012 rules and aim to protect the environment while allowing people to gather firewood for heating their homes.\n\n**Who it affects:**\n- **Households** who collect firewood from Crown land reserves (public land managed by the government)\n- **Traditional Owner groups** who have formal agreements with the government (they are exempt from certain rules when carrying out agreed activities)\n- **People nominated by others** to collect firewood on their behalf\n\n**What the rules do:**\n- **Ban cutting trees near waterways:** You cannot cut or remove trees within 20 metres of a watercourse (creek, river, etc.)\n- **Ban dragging logs:** You cannot tow or winch fallen trees along the ground (this damages the soil and vegetation)\n- **Ban heavy machinery:** No bulldozers, excavators, tractors, or other heavy equipment allowed\n- **Require safe refuelling:** If you're refilling a chainsaw with oil or petrol, it must be on an impermeable surface (like a tarp or tray) to prevent ground contamination\n\n**Penalties:**\nBreaking most rules costs 20 penalty units (roughly $3,700 based on 2022 values). The refuelling rule carries a 5 penalty unit fine (roughly $925).\n\n**Exceptions:**\n- If you have a proper licence, lease, or permit, the rules about cutting trees and using machinery don't apply to you\n- Traditional Owners carrying out activities under formal agreements are exempt from offences that would otherwise apply to their agreed activities\n\n**The nomination form:**\nIf you want someone else to collect firewood for you, you must fill out a form specifying who they are and how much wood they can take. The total household limit is 16 cubic metres per financial year across all collections."}},"importantCases":[],"_links":{"self":"/api/acts/crown-land-reserves-domestic-firewood-regulations-2022","history":"/api/acts/crown-land-reserves-domestic-firewood-regulations-2022/history","analysis":"/api/acts/crown-land-reserves-domestic-firewood-regulations-2022/analysis","conflicts":"/api/acts/crown-land-reserves-domestic-firewood-regulations-2022/conflicts","importantCases":"/api/acts/crown-land-reserves-domestic-firewood-regulations-2022/important-cases","documents":"/api/acts/crown-land-reserves-domestic-firewood-regulations-2022/documents"}}