{"id":"forests-act-1958","name":"Forests Act 1958","slug":"forests-act-1958","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176427,"registerId":"vic-forests-act-1958-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"18","sectionType":"section","heading":"General powers of Secretary, Parks Victoria and Great Ocean Road Coast and Parks Authority 25","content":"18 General powers of Secretary, Parks Victoria and Great Ocean Road Coast and Parks Authority 25\n\n18AA Responsibilities of the Secretary in State forest that is Parks Victoria recorded land or land managed by Great Ocean Road Coast and Parks Authority 26\n\n18A Secretary and Parks Victoria to manage reserve land 27\n\n18B Obligations of Secretary and Parks Victoria in relation to Yarra River land 29\n\n18C Obligations of Secretary, Parks Victoria or Great Ocean Road Coast and Parks Authority in relation to declared areas 30\n\n18D Obligations of Secretary, Parks Victoria and Great Ocean Road Coast and Parks Authority in relation to the Great Ocean Road region 31\n\n19 Power to place forest produce on catchment areas under control of Secretary 32\n\n20 Other powers and duties of Secretary, Parks Victoria and Great Ocean Road Coast and Parks Authority 32\n\n21 Special powers of Secretary and Parks Victoria 34\n\n22 Working plans for State forests 38\n\n26B Conduct of forestry schools and sharing of facilities 40\n\n27A Employment of persons who are not public servants 41\n\n28 Management agreements with Traditional Owner Land Management Boards 42\n\n29 Power to authorise Chief Fire Officer to perform fire related activities 44\n\nPurchase or taking of lands 44\n\n","sortOrder":0},{"sectionNumber":"38","sectionType":"section","heading":"Power to acquire compulsorily land for certain forest purposes 44","content":"38 Power to acquire compulsorily land for certain forest purposes 44\n\nNaming &c., Victorian timber &c. 46\n\n","sortOrder":1},{"sectionNumber":"40","sectionType":"section","heading":"Power to make regulations as to classification grading and naming of Victorian timbers etc. 46","content":"40 Power to make regulations as to classification grading and naming of Victorian timbers etc. 46\n\nState forests 47\n\n41 Reserved forest and the Land Act 1958 47\n\n42 Reserved forests 47\n\n45 Future dedication of Crown land as reserved forests 50\n\n46 Notice of intention to dedicate 51\n\n47 Power to acquire land for forests 51\n\n48 Power to acquire private land for forests 51\n\n49 Excisions from reserved forest 52\n\n50 Power to declare land in reserved forests to be a forest park etc. 53\n\n50AA Revocation and further setting aside and declaration of land 63\n\n","sortOrder":2},{"sectionNumber":"50A","sectionType":"section","heading":"Secretary may accept gift of certain lands subject to conditions 64","content":"50A Secretary may accept gift of certain lands subject to conditions 64\n\nLeases, licences and management responsibilities 65\n\n","sortOrder":3},{"sectionNumber":"51","sectionType":"section","heading":"Leases of land in reserved forests 65","content":"51 Leases of land in reserved forests 65\n\n","sortOrder":4},{"sectionNumber":"52","sectionType":"section","heading":"Licences and permits with respect to forests 66","content":"52 Licences and permits with respect to forests 66\n\n52AA No compensation payable or proceedings able to be taken 70\n\n53 Power to submit certain leases licences or permits to auction or tender 72\n\n54 Lease etc. with respect to timber to contain condition as to insurance against loss by fire 73\n\n55 No compensation for improvements 73\n\n56 Dealing with interest in leased land 74\n\n57 Restriction of rights of lessees and licensees 74\n\n57A Land to be managed consistently with joint management plan 74\n\n57B Lease of land to a generation company 75\n\n57C Issue of licences over land to a generation company 76\n\n57D Agreement with electricity company—reserved forest 77\n\n57DA Licences and permits with respect to offshore wind energy generation 78\n\nTour operator licences 81\n\n57E Offence to conduct organised tour or recreational activity on Crown land in reserved forest if unlicensed 81\n\n57F Grant of tour operator licence 82\n\n57G Application for tour operator licence 82\n\n57H Requirement to pay annual licence fee after grant of tour operator licence 83\n\n57I Tour operator licence conditions 83\n\n57J Contravention of condition an offence 84\n\n57K Variation of tour operator licence 84\n\n57L Suspension of tour operator licence 85\n\n57M Making submissions on suspension 86\n\n57N Cancellation of tour operator licence 86\n\nTimber in State forests 88\n\n57NA Direction relating to certain activities under licence or permit 88\n\n57NB Suspension of certain activities under licence or permit 88\n\n57NC Contents of suspension notice 89\n\n57ND Notice may include direction 89\n\n57NE Expiry of suspension notice once matter remedied 89\n\n57NF Offence not to comply with suspension notice 90\n\n57NG Appeal against suspension notice 90\n\n57NH Occupational Health and Safety Act 2004 prevails 91\n\nCutting or taking away fallen or felled trees for domestic use as firewood 91\n\n57O Definitions 91\n\n57Q Offence to cut or take away fallen or felled trees outside firewood collection area and season 92\n\n57R Person may nominate another to cut and take away fallen or felled trees for firewood 93\n\n57S Firewood collection season 94\n\n57T Secretary may vary firewood collection season 94\n\n57U Secretary may determine firewood collection areas 95\n\n57V Identification of firewood collection areas 96\n\n57W Offence to cut or take away fallen or felled trees in firewood collection area unless a class member or nominated by class member 97\n\n57X Offences as to amount of fallen or felled trees cut or taken away in a day 98\n\n57Y Household limit of fallen or felled trees cut or taken away in a financial year 99\n\n57Z Household limit of fallen or felled trees cut and taken away in a financial year—offences relating to nominations 99\n\n57ZA Secretary may determine amount of fallen or felled trees cut and taken away in certain regions 100\n\n57ZB Offence to exceed regional limit 101\n\n57ZC Offence as to sale of fallen or felled trees 102\n\n57ZD Offences relating to conduct in a firewood collection area 103\n\n57ZE Production of nomination if requested by authorised officer 103\n\n57ZF No offence if authorised by licence or authorisation etc. or regulations 104\n\nProtected forests 104\n\n58 Proclamation of protected forests 104\n\n59 Protected trees in protected forests 107\n\n60 Reserved trees in protected forests 108\n\n61 Penalty for cutting reserved trees 108\n\nPrevention of and protection from fire 108\n\n61A Chief Fire Officer 108\n\n61B Functions of Chief Fire Officer 108\n\n61C Immunity 109\n\n61D Emergency Management Victoria 110\n\n61E Compliance with operational standards of Emergency Management Commissioner 110\n\n61EA Report on compliance with operational standards developed by the Emergency Management Commissioner 110\n\n61EB Strategic Action Plan 110\n\n","sortOrder":5},{"sectionNumber":"61F","sectionType":"section","heading":"Compliance with incident management operating procedures 111","content":"61F Compliance with incident management operating procedures 111\n\n","sortOrder":6},{"sectionNumber":"62","sectionType":"section","heading":"Declaration of protected public lands 111","content":"62 Declaration of protected public lands 111\n\n62AA Duty to warn the community 114\n\n","sortOrder":7},{"sectionNumber":"62A","sectionType":"section","heading":"Secretary may apply and use fire for land and resource management 115","content":"62A Secretary may apply and use fire for land and resource management 115\n\n","sortOrder":8},{"sectionNumber":"62B","sectionType":"section","heading":"Agreement required for Secretary to apply or use fire in national parks or on protected public land 115","content":"62B Agreement required for Secretary to apply or use fire in national parks or on protected public land 115\n\n62C Secretary may enter into agreements and arrangements relating to the prevention and suppression of fires and recovery from fires 116\n\n63 Restrictions as to lighting etc. fires in certain areas 119\n\n64 Absolute prohibition of use of fire when acute fire danger exists 123\n\n65 Enforcement of burning off etc. near State forest or national park 127\n\n66 Placing inflammable material for the purpose of causing fire etc. 130\n\n66A Offence to leave certain campfires or barbeques unattended 130\n\n66B Offences as to having clear areas around certain campfires or barbeques 131\n\n66C Offence as to campfires or barbeques above a certain size 131\n\n67 Duty to prevent spread of fire etc. 132\n\n68 Secretary may carry out clearing and preventive burning 133\n\n70 Provisions relating to offences against fire prevention provisions 133\n\n71 Liability of Secretary for damage caused by fire 135\n\n72 Immunity provision 135\n\nForest firefighters presumptive rights compensation 137\n\n72A Definitions 137\n\n72B Meaning of *occupational forest firefighter* 139\n\n72C Meaning of *surge forest firefighter* 140\n\n72D Construction of sections 72A to 72R 141\n\n72E Rebuttable presumption as to cause of certain diseases in relation to occupational forest firefighters 142\n\n72F Determination as to whether a forest firefighter is an occupational forest firefighter 143\n\n72G Determination of whether section 72E requirement is met 143\n\n72H Rebuttable presumption as to cause of certain diseases in relation to surge forest firefighters 144\n\n72I Determination as to whether a forest firefighter is a surge forest firefighter 145\n\n72J Determination of whether section 72H requirement is met 145\n\n72K Determination of the qualifying period 146\n\n72L Special consideration 147\n\n72M What is an exceptional exposure event? 147\n\n72N Application for special consideration 148\n\n72O Determination of application for special consideration 149\n\n72P Payments 149\n\n72Q Self-insurer to pay costs of advisory committee 150\n\n72R Establishment of advisory committee 150\n\nMaps 151\n\n","sortOrder":9},{"sectionNumber":"73","sectionType":"section","heading":"Deposit of maps showing alterations in forests 151","content":"73 Deposit of maps showing alterations in forests 151\n\nGeneral 152\n\n74 Power for Magistrates' Court to order removal of unauthorized buildings etc. in reserved forest 152\n\n75 Production of licence etc. on demand 153\n\n75A Production notice 153\n\n75B Production order to authorise production notice 154\n\n75C Application for extension of time 155\n\n75D How documents may be produced 155\n\n75E Powers on production of documents 156\n\n75F Receipt for retained documents 156\n\n75G Return of produced documents 156\n\n75H Forfeiture to the Crown 157\n\n75I Offence to contravene production notice 157\n\n75J Offence to provide false or misleading information 157\n\n75K Protection against self-incrimination 158\n\n75L Enforceable undertaking 158\n\n75M Enforcement of undertaking 159\n\n75N Register of undertakings 160\n\n76 As to injuring trees on Crown lands the subject of a grazing licence 161\n\n77 Prohibition of cutting etc. timber etc. on certain roads without authority of Secretary 162\n\n78 Power of authorised officer 164\n\n79 Power to direct route for removal etc. of forest produce 165\n\n80 Payment of dues and charges 167\n\n81 Unbranded forest produce to be deemed to belong to Crown 168\n\n82 Presumption as to ownership of forest produce 168\n\n83 Search warrant for secreted forest produce 169\n\n84 Restriction on dealings by authorised officers 170\n\n85 Agistment fees chargeable for cattle in reserved forest 170\n\n88 Penalty for unauthorised occupation or depasturing on reserved forests 170\n\n89 Unbranded wild cattle to belong to Crown 171\n\n91 Plantations for Government schools 172\n\n92 Management of Government school plantation 173\n\n94 Returns by saw-millers 175\n\n95 Powers of entry by authorized officers etc. 177\n\n95A Requirement to give name and address 178\n\n95B Authorised officers must identify themselves 179\n\n95C Power to remove abandoned goods 179\n\n95D Owner to be sought and goods returned 180\n\n95E What if goods are not collected or claimed? 180\n\n95F Power to seize items 181\n\n95G Return of seized items 181\n\n95H Recovery of seized item and compensation 182\n\n95I Forfeiture to Crown 182\n\n95J Court may order forfeiture to the Crown 183\n\n96 Offences 183\n\n96AA Offence to cut etc. timber in a State forest 187\n\n96A Offence to hinder or obstruct an authorised officer 188\n\n96B Offence to threaten or abuse an authorised officer 188\n\n96D Offences not to apply for cutting or taking away fallen or felled trees for domestic use as firewood 189\n\n96E Certain offences not to apply if acting under and in accordance with levee maintenance permit 189\n\n96F Offence to construct, remove, alter, or carry out maintenance on, a levee within reserved forest 190\n\n97 General penalty for offence against Act 191\n\n98 Limitation of Supreme Court's jurisdiction—Sustainable Forests (Timber) Act 2004 191\n\nRegulations 191\n\n99 Regulations 191\n\n99A Regulation-making powers 199\n\n99B Instruments may incorporate documents 201\n\n100 Power to make regulations as to eradication etc. of tree pests, diseases in timber etc. 201\n\n100A Tour operator licence regulations 203\n\n100B Regulations for cutting or taking away fallen or felled trees in firewood collection areas during firewood collection seasons 205\n\n","sortOrder":10},{"sectionNumber":"100C","sectionType":"section","heading":"Regulations for forest firefighters presumptive rights compensation 206","content":"100C Regulations for forest firefighters presumptive rights compensation 206\n\nTransitional provisions 207\n\n102 Once only harvesting of pines in Otway Forest Park 207\n\n105 Transitional provision—Parks Victoria Act 2018 208\n\n106 Transitional provision for tour operator licences—Great Ocean Road and Environs Protection Amendment Act 2021 209\n\n107 Transitional provision—Forests Amendment (Forest Firefighters Presumptive Rights Compensation) Act 2021 209\n\n109 Sustainable Forests (Timber) Repeal Act 2024—Regulations dealing with transitional matters 210\n\nSchedules 212\n\nSecond Schedule—Reserved forests 213\n\nThird Schedule 214\n\nEndnotes 215\n\n1 General information 215\n\n2 Table of Amendments 217\n\n3 Explanatory details 235\n\n**Version No.** **149**\n\n**Forests Act 1958**\n\n**No. 6254 of 1958**\n\nVersion incorporating amendments as at  \n\nAn Act to consolidate the Law for the Management and Protection of State Forests.\n\n**BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):**\n\n","sortOrder":11},{"sectionNumber":"1","sectionType":"section","heading":"Short title and commencement","content":"\t1 Short title and commencement\n\nThis Act may be cited as the **Forests Act 1958**, and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.\n\nS. 2 repealed by No. 38/2021 s. 15(1).\n\nNo. 6073 s. 3.\n\n","sortOrder":12},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"\t3 Definitions\n\n(1) In this Act, unless inconsistent with the context or subject-matter—\n\nS. 3(1) def. of *accepted recom-mendation* inserted by No. 19/2018 s. 103(a).\n\n***accepted recommendation*** means—\n\n(a) in relation to a report under  \nsection 23 or 26E of the **Victorian Environmental Assessment Council Act 2001**—\n\n(i) the most recent Government response to the report published under section 25(4) or 26G(4) of that Act (if any); or\n\n(ii) if such a Government response has been amended by an amendment published under section 26(5) or 26H(5) of that Act, that most recent response as amended; or\n\n(b) if there is no response to which paragraph (a)(i) or (ii) applies, the most recent (if any) relevant recommendation of the Land Conservation Council under section 5(1) of the **Land Conservation Act 1970** (as in force immediately before its repeal) applying to the land, of which notice has been given by the Governor in Council under section 10(3) of that Act (as so in force);\n\n***Act*** includes any regulation thereunder;\n\nS. 3(1) def. of *applicable work program* inserted by No. 73/2010 s. 48, amended by No. 73/2013 s. 85(a).\n\n***applicable work program*** means a work program (within the meaning of the **Emergency Management Act 2013**) that applies to the Secretary;\n\nS. 3(1) def. of *appointed land* inserted by No. 62/2010 s. 115(1).\n\n***appointed land***, in relation to a Traditional Owner Land Management Board, has the same meaning as in the **Conservation, Forests and Lands Act 1987**;\n\nS. 3(1) def. of *approved Great Ocean Road strategic framework plan* inserted by No. 19/2020 s. 89.\n\n***approved*** ***Great Ocean Road strategic framework plan*** has the same meaning as in the **Great Ocean Road and Environs Protection Act 2020**;\n\nS. 3(1) def. of *authorised officer* inserted by No. 41/1987 s. 103(Sch. 4 item 24.1), substituted by No. 68/2016 s. 166.\n\n***authorised officer*** means a person appointed as an authorised officer for the purposes of this Act  under—\n\n(a) Part 9 of the **Conservation, Forests and Lands Act 1987**; or\n\n(b) Part 3 of the **Victorian Fisheries Authority Act 2016**;\n\nS. 3(1) def. of *bee site licence area* inserted by No. 12/2016 s. 20.\n\n***bee site licence area*** has the same meaning as it has in the **Land Act 1958**;\n\nS. 3(1) def. of *bee site licensee* inserted by No. 12/2016 s. 20.\n\n***bee site licensee*** has the same meaning as it has in the **Land Act 1958**;\n\nS. 3(1) def. of *campfire or barbeque* inserted by No. 82/2009 s. 33.\n\n***campfire or barbeque*** means a fire lit or kindled for the purpose of preparing meals or providing personal comfort, and includes a fire lit or kindled in an appliance designed and manufactured for cooking or heating;\n\n***cattle*** includes bulls cows oxen heifers calves steers horses mares geldings colts fillies asses mules pigs rams wethers ewes lambs goats and kids;\n\nS. 3(1) def. of *Central Plan Office* inserted by No. 60/2005 s. 34, amended by No. 70/2013 s. 4(Sch. 2 item 20.1), repealed by No. 53/2017 s. 76.\n\nS. 3(1) def. of *Chairman* repealed by No. 41/1987 s. 103(Sch. 4 item 24.3).\n\nS. 3(1) def. of *Chief Administrator* inserted by No. 41/1987 s. 103(Sch. 4 item 24.2), repealed by No. 76/1998  \ns. 10(1)(a)(i).\n\nS. 3(1) def. of *Chief Fire Officer* inserted by No. 73/2010 s. 48.\n\n***Chief Fire Officer***  means the person employed under section 61A;\n\nS. 3(1) defs of *Commission* and *Commis-sioner* repealed by No. 41/1987 s. 103(Sch. 4 item 24.3).\n\nS. 3(1) def. of *declared area* inserted by No. 17/2018 s. 13.\n\n***declared area*** has the same meaning as in the **Planning and Environment Act 1987**;\n\nS. 3(1) def. of *Department* amended by No. 10087 s. 3(1)(Sch. 1 item 73(a)), substituted by No. 41/1987 s. 103(Sch. 4 item 24.4).\n\n***Department*** has the same meaning as in the **Conservation, Forests and Lands Act 1987**;\n\nS. 3(1) def. of *Director-General* inserted by No. 41/1987 s. 103(Sch. 4 item 24.5), repealed by No. 76/1998  \ns. 10(1)(a)(i).\n\nS. 3(1) def. of *Emergency Management Commis-sioner* inserted by No. 73/2013 s. 85(b).\n\n***Emergency Management Commissioner*** has the same meaning as it has in section 3 of the **Emergency Management Act 2013**;\n\nS. 3(1) def. of *fallen or felled trees* inserted by No. 46/2012 s. 3(a).\n\n***fallen or felled trees*** includes parts of fallen or felled trees;\n\nS. 3(1) def. of *film friendly principles* inserted by No. 51/2014 s. 9(Sch. 2 item 4.1).\n\n***film friendly principles*** has the same meaning as in the **Filming Approval Act 2014**;\n\nS. 3(1) def. of *film permit* inserted by No. 51/2014 s. 9(Sch. 2 item 4.1).\n\n***film permit*** has the same meaning as in the **Filming Approval Act 2014**;\n\nS. 3(1) def. of *fire protected area* amended by No. 6976 s. 2(1)(c),  \nS.R. No. 258/1974 reg. 3, Nos 8587 s. 2(1)(a)(i)(ii), 57/1995 s. 46.\n\n***fire protected area*** means any land which is—\n\n(a) within any State forest;\n\n(b) within any national park;\n\n(c) (unless excised pursuant to an Order under subsection (3) of this section or affected by a declaration made under subsection (4) of this section) within 1⋅5 kilometres of—\n\n(i) any reserved forest or any area of unoccupied Crown land proclaimed as a protected forest pursuant to this Act or any corresponding previous enactment;\n\n(ii) any national park; or\n\n(iii) any protected public land;\n\n(d) within any protected public land;\n\nS. 3(1) def. of *Fire Rescue Victoria* inserted by No. 46/2021 s. 4.\n\n***Fire Rescue Victoria*** has the same meaning as in section 3(1) of the **Fire Rescue Victoria Act 1958**;\n\nS. 3(1) def. of *fire services agency* inserted by No. 73/2010 s. 48, amended by No. 73/2013 s. 85(d).\n\n***fire services agency*** has the same meaning as in the **Emergency Management Act 2013**;\n\nS. 3(1) def. of *Fire Services Commis-sioner* inserted by No. 73/2010 s. 48, repealed by No. 73/2013 s. 85(c).\n\n ** * * * **\n\nS. 3(1) def. of *fire services reform action plan* inserted by No. 73/2010 s. 48, repealed by No. 73/2013 s. 85(c).\n\n ** * * * **\n\n***firewood*** includes parts of trees made up into bundles stacks cords or loads or cut up in the manner in which it is usual to cut wood for burning and includes refuse wood generally;\n\nS. 3(1) def. of *firewood collection area* inserted by No. 46/2012 s. 3(a).\n\n***firewood collection area*** means an area of State forest determined by the Secretary in accordance with section 57U to be a firewood collection area;\n\nS. 3(1) def. of *firewood collection season* inserted by No. 46/2012 s. 3(a).\n\n***firewood collection season***, in relation to a firewood collection area, means—\n\n(a) a period referred to in section 57S if the period has not been varied under section 57T; or\n\n(b) if the period referred to in section 57S has been varied under section 57T, the period as so varied;\n\nS. 3(1) def. of *forest management area*  \ninserted by No. 82/1990 s. 3(a), amended by No. 76/1998  \ns. 10(1)(a)(iii), repealed by No. 48/2004 s. 109(a).\n\nS. 3(1) def. of *forest officer* repealed by No. 41/1987 s 103(Sch 4 item 24.6).\n\nS. 3(1) def. of *forest produce* amended by No. 6976 s. 2(1)(a), substituted by No. 48/2004 s. 97(2)(a), amended by Nos 46/2012 s. 3(b), 24/2024 s. 41(1).\n\n***forest produce*** means—\n\n(a) all parts of trees or plants, including any parts below the ground;\n\n(b) the products of trees or plants, whether or not those products have become separated from those trees or plants prior to being harvested and includes—\n\n(i) honey;\n\n(ii) beeswax;\n\n(iii) oil distilled from any species of eucalypt;\n\n(iv) firewood;\n\n(c) stone, gravel, limestone, lime, salt, sand, loam, clay or brick-earth—\n\nbut does not include—\n\n(d) gold, silver, metals or minerals;\n\nS. 3(1) def. of *forest produce* amended by No. 6976 s. 2(1)(b), repealed by No. 48/2004 s. 97(2)(b).\n\nS. 3(1) def. of *Great Ocean Road coast and parks* inserted by No. 19/2020 s. 89.\n\n***Great Ocean Road coast and parks*** has the same meaning as in the **Great Ocean Road and Environs Protection Act 2020**;\n\nS. 3(1) def. of *Great Ocean Road Coast and Parks Authority* inserted by No. 19/2020 s. 89.\n\n***Great Ocean Road Coast and Parks Authority*** means the Authority established under Part 5 of the **Great Ocean Road and Environs Protection Act 2020**;\n\nS. 3(1) def. of *Great Ocean Road coast and parks protection principles* inserted by No. 19/2020 s. 89.\n\n***Great Ocean Road coast and parks protection principles*** has the same meaning as in the **Great Ocean Road and Environs Protection Act 2020**;\n\nS. 3(1) def. of *Great Ocean Road region* inserted by No. 19/2020 s. 89.\n\n***Great Ocean Road region*** has the same meaning as in the **Great Ocean Road and Environs Protection Act 2020**;\n\nS. 3(1) def. of *Great Ocean Road scenic landscapes area* inserted by No. 19/2020 s. 89.\n\n***Great Ocean Road scenic landscapes area*** has the same meaning as in the **Great Ocean Road and Environs Protection Act 2020**;\n\nS. 3(1) def. of *hardwood sawlog* inserted by No. 82/1990 s. 3(b), amended by No. 76/1998  \ns. 10(1)(a)(iv), repealed by No. 48/2004 s. 109(a).\n\nS. 3(1) def. of *hardwood sawlog supply level* inserted by No. 82/1990 s. 3(b), repealed by No. 48/2004 s. 109(a).\n\nS. 3(1) def. of *incident management operating procedures* inserted by No. 73/2010 s. 48, substituted by No. 73/2013 s. 85(e).\n\n***incident management operating procedures*** has the same meaning as it has in section 3 of the **Emergency Management Act 2013**;\n\n***inflammable material*** includes any sawdust offcuts bark stubble scrub or timber liable to be consumed by fire;\n\nS. 3(1) def. of *Inspector-General for Emergency Management* inserted by No. 73/2013 s. 85(b).\n\n***Inspector-General for Emergency Management*** has the same meaning as it has in section 3 of the **Emergency Management Act 2013**;\n\nS. 3(1) def. of *joint management plan* inserted by No. 62/2010 s. 115(1).\n\n***joint management plan*** has the same meaning as in the **Conservation, Forests and Lands Act 1987**;\n\nS. 3(1) def. of *land manager* inserted by No. 19/2018 s. 103(a), amended by No. 42/2021 s. 62.\n\n***land manager*** means—\n\n(a) for land that is Parks Victoria recorded land, Parks Victoria; or\n\n(ab) for land that is controlled and managed by the Great Ocean Road Coast and Parks Authority, the Great Ocean Road Coast and Parks Authority; or\n\n(b) for all other land, the Secretary;\n\nS. 3(1) defs of *lease* *licence* *permit* or *authority* amended by Nos 41/1987 s. 103(Sch. 4 item 24.7), 76/1998  \ns. 10(1)(a)(iv), 19/2018 s. 103(b).\n\n***lease* *licence* *permit*** or ***authority*** means any lease licence permit or authority respectively granted under any Act by the Governor in Council or any Minister or under this Act by the Governor in Council, the Minister or the land manager or any person authorized by the Governor in Council, the Minister or the land manager in that behalf;\n\nS. 3(1) def. of *liquid fuel, gaseous fuel or chemical solid fuel* inserted by No. 82/2009 s. 33.\n\n***liquid fuel, gaseous fuel or chemical solid fuel*** includes any manufactured fuel which can be ignited;\n\nS. 3(1) defs of *Minister* and *Minister of Lands* repealed by No. 10087 s. 3(1)(Sch. 1 item 73(b)).\n\nS. 3(1) def. of *national park* amended by No. 6976 s. 2(1)(d), substituted by No. 7065 s. 2(Sch.), amended by No. 8210 s. 13, substituted by No. 8702 s. 55(4).\n\n***national park*** means land that is or is part of a park within the meaning of the **National Parks Act 1975**;\n\nS. 3(1) def. of *Parks Victoria* inserted by No. 19/2018 s. 103(a).\n\n***Parks Victoria***  has the same meaning as in the **Parks Victoria Act 2018**;\n\nS. 3(1) def. of *Parks Victoria recorded land* inserted by No. 19/2018 s. 103(a).\n\n***Parks Victoria recorded land***  has the same meaning as in the **Conservation, Forests and Lands Act 1987**;\n\nS. 3(1) def. of *police officer* inserted by No. 37/2014 s. 10(Sch. item 67.1).\n\n***police officer*** has the same meaning as in the **Victoria Police Act 2013**;\n\n***prescribed*** means prescribed by this Act or any regulation thereunder;\n\nS. 3(1) def. of *production notice* inserted by No. 24/2024 s. 19.\n\n***production notice*** means a notice under section 75A;\n\nS. 3(1) def. of *production order* inserted by No. 24/2024 s. 19.\n\n***production order*** means an order under section 75B;\n\nS. 3(1) def. of *prohibited period* amended by Nos 6976 s. 2(1)(e), 8587 s. 2(1)(b).\n\n***prohibited period*** means—\n\n(a) with respect to any State forest protected public land or national park—the whole year;\n\n(b) with respect to any fire protected area other than a State forest protected public land or national park—a period declared by the Minister as hereinafter provided;\n\nS. 3(1) def. of *protected forest* amended by Nos 6794 s. 5, 96/1994 s. 55(a).\n\n***protected forest*** includes all unoccupied Crown land proclaimed as a protected forest pursuant to this Act or any corresponding previous enactment and every unused road and every water frontage as defined in the **Land Act 1958**;\n\nS. 3(1) def. of *protected public land* inserted by No. 8587 s. 2(1)(c), amended by Nos 9114 s. 22(a), 61/1993 s. 34(a), 35/1998 s. 15(1).\n\n***protected public land*** means any lands of the Crown not being within a State forest or a national park declared to be protected public land pursuant to the provisions of subsection (1) of section 62 of this Act or deemed to be protected public land pursuant to subsection (1A) of section 62;\n\n***regulations*** means regulations under this Act;\n\nS. 3(1) def. of *reserved forest* substituted by No. 6976 s. 2(1)(f).\n\n***reserved forest*** means reserved forest within the meaning of subsection (1) of section forty-two of this Act;\n\n***scrub*** includes trees bushes plants and undergrowth of all kinds and sizes whether alive or dead and whether standing or not standing, and also includes any part of any such trees bushes plants or undergrowth whether severed or not severed;\n\nS. 3(1) def. of *Secretary* inserted by No. 76/1998  \ns. 10(1)(a)(ii).\n\n***Secretary*** means the body corporate established by Part 2 of the **Conservation, Forests and Lands Act 1987**;\n\nS. 3(1) def. of *solid* *fuel* inserted by No. 82/2009 s. 33.\n\n***solid*** ***fuel*** includes—\n\n(a) vegetation, wood, coal, coke;\n\n(b) manufactured solid combustible material made from vegetation, wood, coal or coke, including but not limited to, paper, cardboard, sawdust or coal or coke by-products;\n\nS. 3(1) def. of *State Crisis and Resilience Council* inserted by No. 73/2013 s. 85(b).\n\n***State Crisis and Resilience Council*** has the same meaning as it has in section 3 of the **Emergency Management Act 2013**;\n\n***State forest*** or ***forest*** includes reserved forests and protected forests;\n\nS. 3(1) def. of *Statement of Planning Policy* inserted by No. 17/2018 s. 13.\n\n***Statement of Planning Policy*** has the same meaning as in the **Planning and Environment Act 1987**;\n\nS. 3(1) def. of *Strategic Action Plan* inserted by No. 73/2013 s. 85(b).\n\n***Strategic Action Plan*** has the same meaning as it has in section 3 of the **Emergency Management Act 2013**;\n\n***stubble*** includes stubble hay straw and herbage whether alive or dead and whether standing or not standing;\n\nS. 3(1) def. of *suspension notice* inserted by No. 24/2024 s. 19.\n\n***suspension notice*** means a notice under section 57NB;\n\nS. 3(1) def. of *sustainable yield rate* inserted by No. 82/1990 s. 3(c), repealed by No. 48/2004 s. 109(a).\n\n***timber*** includes fallen trees felled trees and all wood whether sawn split hewn or otherwise fashioned;\n\nS. 3(1) def. of *timber supply period* inserted by No. 82/1990 s. 3(d), repealed by No. 48/2004 s. 109(a).\n\nS. 3(1) def. of *tour operator licence* inserted by No. 40/2009 s. 18.\n\n***tour operator licence*** means a licence granted under section 57F.\n\nS. 3(1) def. of *traditional owner group entity* inserted by No. 62/2010 s. 115(1), amended as *traditional owner group* by No. 4/2013 s. 33(1).\n\n***traditional owner group*** has the same meaning as in the **Traditional Owner Settlement Act 2010**;\n\nS. 3(1) def. of *Traditional Owner Land Management Board* inserted by No. 62/2010 s. 115(1).\n\n***Traditional Owner Land Management Board*** has the same meaning as in the **Conservation, Forests and Lands Act 1987**;\n\n***tree*** or ***trees*** includes trees shrubs bushes seedlings saplings and reshoots whether alive or dead;\n\nS. 3(1) def. of *VicForests* inserted by No. 48/2004 s. 97(1), repealed by No. 24/2024 s. 41(2).\n\nS. 3(1) def. of *Victorian Plantations Corporation* inserted by No. 61/1993 s. 34(b).\n\n***Victorian Plantations Corporation*** has the same meaning as in the **Victorian Plantations Corporation Act 1993**;\n\nS. 3(1) def. of *working plan* amended by No. 49/2017 s. 76(1).\n\n***working plan*** means a detailed scheme for the control and regulation of the working of a forest or any part thereof and for ensuring the maintenance of a sustained yield of forest produce therefrom;\n\nS. 3(1) def. of *Yarra protection principles* inserted by No. 49/2017 s. 76(2).\n\n***Yarra protection principles*** has the same meaning as in the **Yarra River Protection (Wilip-gin Birrarung murron) Act 2017**;\n\nS. 3(1) def. of *Yarra River land* inserted by No. 49/2017 s. 76(2).\n\n***Yarra River land*** has the same meaning as in the **Yarra River Protection (Wilip-gin Birrarung murron) Act 2017**;\n\nS. 3(1) def. of *Yarra Strategic Plan* inserted by No. 49/2017 s. 76(2).\n\n***Yarra Strategic Plan*** has the same meaning as in the **Yarra River Protection (Wilip-gin Birrarung murron) Act 2017**;\n\nS. 3(1) def. of *Yarra Strategic Plan area* inserted by No. 49/2017 s. 76(2).\n\n***Yarra Strategic Plan area*** has the same meaning as in the **Yarra River Protection (Wilip-gin Birrarung murron) Act 2017**.\n\nS. 3(2) amended by Nos 6976 s. 2(2), 8587 s. 2(2).\n\n(2) The Minister may from time to time by notice published in the Government Gazette declare any period to be a prohibited period in respect of any fire protected area (other than a State forest protected public land or national park) and, without affecting the generality of the foregoing, may from time to time by notice so published declare different prohibited periods in respect of different parts of any fire protected area (other than a State forest protected public land or national park), and any declaration so made may subsequently be revoked amended or varied by the Minister by notice so published.\n\nS. 3(3) amended by Nos 9417 s. 2, 10087 s. 3(1) (Sch. 1 item 74).\n\n(3) The Governor in Council may on the joint recommendation of the Minister and the Minister for Police and Emergency Services at any time by Order published in the Government Gazette excise from any fire protected area the whole or part of any urban fire districts proclaimed as such under the **Country Fire Authority Act 1958** or any corresponding previous enactment.\n\nS. 3(4)(a) inserted by No. 6976 s. 2(3), amended by Nos 41/1987 s. 103(Sch. 4 item 24.8), 76/1998  \ns. 10(1)(b).\n\n(4) (a) The Minister after consultation with the Secretary—\n\nS. 3(4)(a)(i) amended by S.R. No. 258/1974 reg. 4, No. 8587 s. 2(3).\n\n(i) may from time to time by notice published in the Government Gazette declare that any land within 1⋅5 kilometres of any reserved forest or of any area of unoccupied Crown land proclaimed as a protected forest pursuant to this Act or any corresponding previous enactment or of any national park or of any protected public land shall not be a fire protected area; and\n\n(ii) may by notice so published revoke or from time to time amend or vary any declaration so made.\n\nS. 3(4)(b) amended by No. 9417 s. 2.\n\n(b) No such declaration or revocation shall be made unless notice of the Minister's intention to make it has been given to the Minister for Police and Emergency Services not less than fourteen days before the making thereof and published in a newspaper circulating in the locality in which the land to be affected is situated.\n\nNote to s. 3 inserted by No. 62/2010 s. 115(2).\n\nLand under this Act may be the subject of a land use activity agreement within the meaning of Part 4 of the **Traditional Owner Settlement Act 2010**.\n\nS. 3A inserted by No. 12/2004 s. 157.\n\n","sortOrder":13},{"sectionNumber":"3A","sectionType":"section","heading":"Application of Road Management Act 2004","content":"\t3A Application of Road Management Act 2004\n\n(1) A road under this Act is a road for the purposes of the **Road Management Act 2004** but is a public road for the purposes of that Act only if the road is a public road within the meaning it has in section 3(1) of the **Road Management Act 2004**.\n\n(2) The relevant road authority for the purposes of the **Road Management Act 2004** is, subject to any regulations for the purpose of section 37(1)(c) of the **Road Management Act 2004**—\n\n(a) the person or body nominated for the purposes of this section in a notice published in the Government Gazette by the Minister administering this Act; or\n\nS. 3A(2)(b) amended by Nos 70/2013 s. 4(Sch. 2 item 20.2) 25/2025 s. 106(Sch. 1 item 17).\n\n(b) if no notice is published, the Secretary to the Department of Energy, Environment and Climate Action.\n\nS. 3B inserted by No. 6/2010 s. 25(5)(Sch. 2 item 4) (as amended by No. 45/2010 s. 6).\n\n","sortOrder":14},{"sectionNumber":"3B","sectionType":"section","heading":"Transport Integration Act 2010","content":"\t3B Transport Integration Act 2010\n\nThis Act is interface legislation within the meaning of the **Transport Integration Act 2010**.\n\nS. 3C inserted by No. 51/2014 s. 9(Sch. 2 item 4.2).\n\n","sortOrder":15},{"sectionNumber":"3C","sectionType":"section","heading":"Filming Approval Act 2014","content":"\t3C Filming Approval Act 2014\n\nThis Act is filming approval legislation within the meaning of the **Filming Approval Act 2014**.\n\nS. 3D  \ninserted by No. 67/2016 s. 31(1).\n\n","sortOrder":16},{"sectionNumber":"3D","sectionType":"section","heading":"Traditional owner agreement for natural resources","content":"\t3D Traditional owner agreement for natural resources\n\n(1) If a traditional owner group entity has an agreement under Part 6 of the **Traditional Owner Settlement Act 2010**, any provision of this Act that provides for an offence for carrying out an agreed activity (other than a provision specified in subsection (2)) 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 is carrying out an agreed activity to which the offence applies in accordance with the agreement and on land to which the agreement applies.\n\n(2) For the purposes of subsection (1) the following provisions are specified—\n\n(a) section 63(1), (2), (4) and (6);\n\n(b) section 64(2) and (4)(c);\n\n(c) section 65(1) and (3);\n\n(d) section 66;\n\n(e) section 66A;\n\n(f) section 66B;\n\n(g) section 67;\n\n(h) section 68;\n\n(i) section 75;\n\n(j) section 95(2);\n\n(k) section 95A.\n\nS. 3D(3) inserted by No. 38/2017 s. 62.\n\n(3) For the purposes of this section—\n\n(a) a reference in subsection (1) to this Act does not include a reference to the regulations; and\n\n(b) to avoid doubt, subsection (1) does not prevent a provision of the regulations from providing for an offence for carrying out an agreed activity.\n\nHeading following s. 3D inserted by No. 41/2025 s. 4(Sch. 2 item 14.1).\n\nDepartment of Energy, Environment and Climate Action\n\nHeading preceding s. 4 substituted by No. 10087 s. 3(1)(Sch. 1 item 75).\n\nDepartment of Conservation, Forests and Lands\n\nS. 4  \namended by No. 10087 s. 3(1)(Sch. 1 item  \n76(a)–(c)), repealed by No. 41/1987 s. 103(Sch. 4 item 24.9), new s. 4 inserted by No. 48/2004 s. 98.\n\n","sortOrder":17},{"sectionNumber":"4","sectionType":"section","heading":"Forest produce is property of the Crown","content":"\t4 Forest produce is property of the Crown\n\n(1) All forest produce in State forest is the property of the Crown.\n\n(2) Property in forest produce only passes from the Crown to another person in accordance with this Act.\n\nS. 4(2A) inserted by No. 12/2016 s. 21.\n\n(2A) Despite subsection (2), forest produce that is nectar, honey or beeswax may pass from the Crown to another person in accordance with the **Land Act 1958**.\n\nS. 4(3) inserted by No. 54/2010 s. 79.\n\n(3) A right of any person (other than the Crown) to property in forest produce does not include a carbon sequestration right within the meaning of the **Climate Change Act 2010**.\n\nNo. 6073 s. 5.\n\n","sortOrder":18},{"sectionNumber":"5","sectionType":"section","heading":"Business of the Secretary","content":"\t5 Business of the Secretary\n\nS. 5(1) amended by Nos 41/1987 s. 103(Sch. 4 item 24.10), 76/1998  \ns. 10(1)(b).\n\n(1) The Secretary shall subject to this Act have the exclusive control and management of—\n\n(a) all matters of forest policy;\n\nS. 5(1)(b) amended by Nos 48/2004 s. 99(1), 24/2024 s. 42(a).\n\n(b) the granting issuing and enforcing of all leases licences permits or authorities under this Act or any corresponding previous enactment;\n\nS. 5(1)(c) amended by Nos 48/2004 s. 99(2), 24/2024 s. 42(b).\n\n(c) the collection and recovery of all rents fees royalties charges and revenue under this Act whether in respect of leases licences permits or authorities granted before or after the commencement of this Act; and\n\n(d) the administration generally of this Act.\n\nS. 5(2) amended by No. 41/1987 s. 103(Sch. 4 item 24.11), repealed by No. 97/2003 s. 3.\n\nS. 5(3) repealed by No. 41/1987 s. 103(Sch. 4 item 24.12).\n\nNo. 6073 s. 6.\n\nS. 6 (Heading) inserted by No. 19/2018 s. 104(1), amended by No. 42/2021 s. 63(1).\n\nS. 6  \namended by Nos 10087 s. 3(1)(Sch. 1 item 77), 41/1987 s. 103(Sch. 4 items 24.13–24.15), 92/1990 s. 128(Sch. 1 items 12.1–12.3), 76/1998  \ns. 10(1)(b), 74/2000 s. 3(Sch. 1 item 52.1), 63/2006 s. 61(Sch. item 16), 19/2018 s. 104(2), 42/2021 s. 63(2).\n\n","sortOrder":19},{"sectionNumber":"6","sectionType":"section","heading":"Minister, Secretary, Parks Victoria or Great Ocean Road Coast and Parks Authority not to control mining","content":"\t6 Minister, Secretary, Parks Victoria or Great Ocean Road Coast and Parks Authority not to control mining\n\nApart from section 7, nothing in this Act shall be construed as giving to the Minister for the time being administering the **Conservation, Forests and Lands Act 1987**, the Secretary, Parks Victoria, the Great Ocean Road Coast and Parks Authority or any authorised officer any powers duties or authorities with regard to doing work as defined in the **Mineral Resources (Sustainable Development) Act 1990**.\n\nNo. 6073 s. 7.\n\n","sortOrder":20},{"sectionNumber":"7","sectionType":"section","heading":"Restriction on cutting or removing timber or forest produce","content":"\t7 Restriction on cutting or removing timber or forest produce\n\nS. 7(1) amended by Nos 92/1990 s. 128(Sch. 1 item 12.4), 63/2006 s. 61(Sch. item 16).\n\n(1) Despite the **Mineral Resources (Sustainable Development) Act 1990** or any licence, right or authority under that Act, no person shall cut or remove any timber or forest produce in any State forest except in accordance with the regulations under this Act.\n\nS. 7(2) amended by Nos 6976 s. 3, 9936 s. 106(1), 6/1987 s. 5(1)(Sch. item 5), 41/1987 s. 103(Sch. 4 item 24.16), 92/1990 s. 128(Sch. 1 items 12.5–12.7), 76/1998  \ns. 10(1)(c)(i), 63/2006 s. 61(Sch. item 16), 19/2018 s. 105(1).\n\n(2) Despite the **Mineral Resources (Sustainable Development) Act 1990** or any licence, right or authority under that Act the exercise of any rights to do work as defined in that Act within a State forest shall be subject to such conditions for the protection of the ecological condition of native forests as are prescribed or as the land manager considers appropriate to impose in any particular case.\n\nS. 7(3) inserted by No. 86/1993 s. 41(1), amended by Nos 76/1998  \ns. 10(1)(c)(ii), 63/2006 s. 61(Sch. item 16), 19/2018 s. 105(2).\n\n(3) The Minister must not submit to the Governor in Council regulations proposed to be made under subsection (1) or (2), and the land manager must not impose any conditions under subsection (2), that prohibit or restrict, or require any consent or other authority to, the carrying out of exploration or mining within the meaning of the **Mineral Resources (Sustainable Development) Act 1990** on any restricted Crown land within the meaning of that Act unless the Minister or the land manager (as the case requires) has consulted with the Minister administering that Act in relation to the content of the proposed regulations or conditions.\n\nNo. 6073 s. 8.\n\n","sortOrder":21},{"sectionNumber":"8","sectionType":"section","heading":"Power to Governor in Council to except certain areas from occupation under leases, licences etc.","content":"\t8 Power to Governor in Council to except certain areas from occupation under leases, licences etc.\n\n(1) The Governor in Council by notice published in the Government Gazette may—\n\n(a) except any reserved forest or any specified portion thereof from occupation under any lease licence permit or authority granted under this Act; and\n\n(b) revoke or amend such notice.\n\n(2) Save to the extent to which such notice is amended no reserved forest or portion thereof so excepted and no lands included in the reserved forest or portion thereof so excepted shall after such exception be occupied or continue to be occupied under any such lease licence permit or authority under this Act until such exception is revoked.\n\nSs 9–17 repealed.[[1]](#endnote-2)\n\nHeading preceding s. 18  \namended by Nos 96/1994 s. 56(b), 74/2000 s. 3(Sch. 1 item 52.2).\n\nPowers and duties of the Secretary\n\nNo. 6073 s. 18.\n\nS. 18 (Heading) inserted by No. 19/2018 s. 106(1), amended by No. 42/2021 s. 64.\n\nS. 18 amended by Nos 9549 s. 2(1)(Sch. item 63), 41/1987 s. 103(Sch. 4 item 24.18), 76/1998  \ns. 10(1)(d), 19/2018 s. 106(2).\n\n\t18 General powers of Secretary, Parks Victoria and Great Ocean Road Coast and Parks Authority\n\nSubject to this Act the land manager shall protect State forests and shall have the control and management of—\n\n(a) State forests and plantations nurseries forest schools and industrial undertakings carried on under this Act and the forest produce of other Crown lands as provided in this Act; and\n\nS. 18(b) amended by No. 41/1987 s. 103(Sch. 4 item 24.18).\n\n(b) the establishment maintenance improvement and renewal of forests plantations and tree‑nurseries and the distribution of trees therefrom and all tree‑planting—\n\n(i) on Crown lands not vested in any corporation or trustees or not under the control or management of any council or committee of management; or\n\nS. 18(b)(ii) amended by Nos 10087 s. 3(1)(Sch. 1 item 78), 12/2004 s. 158(1).\n\n(ii) on public roads (other than freeways and arterial roads within the meaning of the **Road Management Act 2004**)—\n\nwhen such tree-planting is subsidized by grants from the Consolidated Fund or the Forestry Fund or by gifts of trees from the Government or the Secretary.\n\nS. 18AA (Heading) amended by No. 42/2021 s. 65(1).\n\nS. 18AA inserted by No. 19/2018 s. 107, amended by No. 42/2021 s. 65(2).\n\n\t18AA Responsibilities of the Secretary in State forest that is Parks Victoria recorded land or land managed by Great Ocean Road Coast and Parks Authority\n\nDespite any other provision of this Act, the Secretary has responsibility for the following matters in any State forest that is Parks Victoria recorded land or land controlled and managed by the Great Ocean Road Coast and Parks Authority—\n\n(a) all matters relating to fire;\n\n(b) timber harvesting and the cutting or taking away of fallen or felled trees for domestic use as firewood;\n\n(c) the power to enter into an agreement under section 28.\n\nS. 18A (Heading) inserted by No. 19/2018 s. 108(1).\n\nS. 18A inserted by No. 9280 s. 2.\n\n","sortOrder":22},{"sectionNumber":"18A","sectionType":"section","heading":"Secretary and Parks Victoria to manage reserve land","content":"\t18A Secretary and Parks Victoria to manage reserve land\n\nS. 18A(1) amended by Nos 41/1987 s. 103(Sch. 4 item 24.19), 76/1998  \n\n(1) Where any land temporarily or permanently reserved under section 4 of the **Crown Land (Reserves) Act 1978** is placed under the control and management of the Secretary pursuant to section 18(1) of that Act the Secretary shall control manage and use the land for the purposes for which it is reserved.\n\nS. 18A(1A) inserted by No. 60/2005 s. 35(1).\n\n(1A) The Secretary must control, manage and use land placed under the control and management of the Secretary under section 18(1B) of the **Crown Land (Reserves) Act 1978** for the purposes for which it is reserved.\n\nS. 18A(1B) inserted by No. 19/2018 s. 108(2).\n\n(1B) Parks Victoria must control, manage and use land placed under the control and management of Parks Victoria under section 18(1B) of the **Crown Land (Reserves) Act 1978** for the purposes for which it is reserved.\n\nS. 18A(2) amended by Nos 41/1987 s. 103(Sch. 4 item 24.19), 76/1998  \ns. 10(1)(d), 60/2005 s. 35(2).\n\n(2) Subject to this section—\n\n(a) the provisions of this Act, other than sections 42(6), 42(8), 47 and 49; and\n\n(b) any regulations applying to and in relation to reserved forests generally—\n\nshall apply to and in relation to the land under the control and management of the Secretary under subsection (1) as if the land were reserved forest.\n\nS. 18A(2A) inserted by No. 60/2005 s. 35(3), amended by Nos 54/2008 s. 24, 19/2018 s. 108(3).\n\n(2A) Subject to this section—\n\n(a) the provisions of—\n\n(i) this Act, other than sections 42(6), 42(8), 47 and 49; and\n\nS. 18A (2A)(a)(ii) repealed by No. 24/2024 s. 43\n\n(iii) the **Safety on Public Land Act 2004**; and\n\n(b) any regulations made under those provisions of those Acts and any regulations applying to and in relation to reserved forest generally—\n\napply to and in relation to the land to which subsection (1A) or (1B) applies as if the land were reserved forest and as if the land has been set aside and declared to be a forest park under section 50.\n\nS. 18A(3) substituted by No. 60/2005 s. 35(4).\n\n(3) Section 51 applies to—\n\n(a) any land to which subsection (1) applies as if section 51 authorises the granting of a lease for the use of a kiosk, cafe or store or for scientific research or for a ski tow but for no other purpose; and\n\nS. 18A(3)(b) amended by No. 19/2018 s. 108(3).\n\n(b) any land to which subsection (1A) or (1B) applies as if section 51 authorises the granting of a lease for any purpose that is not detrimental to the purpose for which the land is reserved.\n\nS. 18A(3A) inserted by No. 60/2005 s. 35(5), amended by Nos 35/2010 s. 24(Sch. 6 item 2), 19/2018 s. 108(3).\n\n(3A) Section 52 applies to the land to which subsection (1A) or (1B) applies as if section 52 does not authorise the granting of a licence under section 52(1A)(d), (e), (f) or (g) for the purposes of sawlog or pulpwood production.\n\nS. 18A(3B) inserted by No. 60/2005 s. 35(5), amended by No. 19/2018 s. 108(3).\n\n(3B) Section 21 applies to the land to which subsection (1A) or (1B) applies as if section 21 does not authorise the Secretary to exercise any of the Secretary's powers under section 21(1)(a), (b), (c) or (d) for the purposes of sawlog or pulpwood production.\n\nS. 18A(4) amended by Nos 41/1987 s. 103(Sch. 4 item 24.19), 76/1998  \ns. 10(1)(d), 19/2018 s. 108(4).\n\n(4) Notwithstanding subsections (1) and (2), where land is subject to an accepted recommendation the Secretary may give effect to the recommendation even if the recommendation conflicts with the purpose for which the land is reserved.\n\nS. 18B (Heading) amended by No. 19/2018 s. 109(1).\n\nS. 18B  inserted by No. 49/2017 s. 77.\n\n","sortOrder":23},{"sectionNumber":"18B","sectionType":"section","heading":"Obligations of Secretary and Parks Victoria in relation to Yarra River land","content":"\t18B Obligations of Secretary and Parks Victoria in relation to Yarra River land\n\nS. 18B(1) amended by No. 19/2018 s. 109(2).\n\n(1) The land manager—\n\nS. 18B(1)(a) amended by No. 19/2018 s. 109(2).\n\n(a) must not act inconsistently with any part of a Yarra Strategic Plan that is expressed to be binding on the land manager when performing a function or duty or exercising a power under this Act in relation to Yarra River land; and\n\nS. 18B(1)(b) amended by No. 19/2018 s. 109(2).\n\n(b) must have regard to the Yarra protection principles, and those parts of a Yarra Strategic Plan not expressed to be binding on the land manager, when performing a function or duty or exercising a power under this Act in relation to the Yarra Strategic Plan area that may affect Yarra River land.\n\nS. 18B(2) amended by No. 19/2018 s. 109(3), substituted by No. 43/2021 s. 219(Sch. 1 item 6).\n\n(2) Subsection (1) does not apply to the performance of a function or the exercise of a power by the land manager in relation to—\n\n(a) a declared project within the meaning of the **Major Transport Projects Facilitation Act 2009**; or\n\n(b) a Suburban Rail Loop project within the meaning of the **Suburban Rail Loop Act 2021**.\n\nS. 18C (Heading) amended by Nos 40/2020 s. 31(1), 42/2021 s. 66.\n\nS. 18C inserted by No. 17/2018 s. 14.\n\n","sortOrder":24},{"sectionNumber":"18C","sectionType":"section","heading":"Obligations of Secretary, Parks Victoria or Great Ocean Road Coast and Parks Authority in relation to declared areas","content":"\t18C Obligations of Secretary, Parks Victoria or Great Ocean Road Coast and Parks Authority in relation to declared areas\n\nS. 18C(1) amended by No. 40/2020 s. 31(2).\n\n(1) The land manager or a committee of management appointed under section 50(3), when performing a function or duty or exercising a power under this Act in relation to a declared area—\n\nS. 18C(1)(a) amended by No. 40/2020 s. 31(3).\n\n(a) must not act inconsistently with any part  \nof a Statement of Planning Policy that is expressed to be binding on the land manager or the committee of management; and\n\nS. 18C(1)(b) amended by No. 40/2020 s. 31(3).\n\n(b) must have regard to those parts of the Statement of Planning Policy not expressed to be binding on the land manager or the committee of management; and\n\n(c) must have regard to the principles set out in section 46AZL of the **Planning and Environment Act 1987**.\n\nS. 18C(2) amended by No. 40/2020 s. 31(4), substituted by No. 43/2021 s. 219(Sch. 1 item 6).\n\n(2) Subsection (1) does not apply to the performance of a function or the exercise of a power by the land manager or the committee of management in relation to—\n\n(a) a declared project within the meaning of the **Major Transport Projects Facilitation Act 2009**; or\n\n(b) a Suburban Rail Loop project within the meaning of the **Suburban Rail Loop Act 2021**.\n\nS. 18D (Heading) amended by No. 42/2021 s. 67.\n\nS. 18D inserted by No. 19/2020 s. 90.\n\n\t18D Obligations of Secretary, Parks Victoria and Great Ocean Road Coast and Parks Authority in relation to the Great Ocean Road region\n\n(1) The land manager, when performing a function or duty or exercising a power under this Act or any other Act—\n\n(a) must not act inconsistently with any part of an approved Great Ocean Road strategic framework plan that is expressed to be binding on the land manager in relation to the Great Ocean Road scenic landscapes area; and\n\n(b) must have regard to the Great Ocean Road coast and parks protection principles in relation to the Great Ocean Road coast and parks; and\n\n(c) must have regard to those parts of an approved Great Ocean Road strategic framework plan not expressed to be binding on the land manager in relation to the Great Ocean Road region.\n\n(2) Subsection (1) does not apply to the performance of a function or the exercise of a power by the land manager in relation to a declared project within the meaning of the **Major Transport Projects Facilitation Act 2009**.\n\nNo. 6073 s. 19.\n\n","sortOrder":25},{"sectionNumber":"19","sectionType":"section","heading":"Power to place forest produce on catchment areas under control of Secretary","content":"\t19 Power to place forest produce on catchment areas under control of Secretary\n\nS. 19(1) amended by Nos 6976 s. 4(a), 41/1987 s. 103(Sch. 4 item 24.20), 81/1989 s. 3(Sch. item 17.1), 76/1998  \n\n(1) The Governor in Council may by Order published in the Government Gazette direct that the forest produce on any catchment area now or hereafter managed or controlled by any Authority under the **Water Act 1989** shall with the consent of such Authority subject to such conditions as the Governor in Council thinks fit be placed under the control and management of the Secretary.\n\nS. 19(2) inserted by No. 6976 s. 4(a), repealed by No. 48/2004 s. 100(1).\n\nNo. 6073 s. 20.\n\nS. 20 (Heading) inserted by No. 19/2018 s. 110(1), amended by No. 42/2021 s. 68(1).\n\nS. 20 amended by Nos 9861 s. 3(1), 41/1987 s. 103(Sch. 4 item 24.21), 31/1994 s. 3(Sch. 1 item 30.1), 76/1998  \ns. 10(1)(d), 19/2018 s. 110(2) (ILA s. 39B(1)).\n\n","sortOrder":26},{"sectionNumber":"20","sectionType":"section","heading":"Other powers and duties of Secretary, Parks Victoria and Great Ocean Road Coast and Parks Authority","content":"\t20 Other powers and duties of Secretary, Parks Victoria and Great Ocean Road Coast and Parks Authority\n\n(1) Subject to this Act the Secretary shall out of the moneys available for the purpose make provision for the following, namely—\n\n(a) the preparation and carrying out of all forest surveys including such as are necessary for the demarcation of forests and for working plans;\n\n(b) plans works and plant for the establishment maintenance improvement and renewal of natural forests and plantations of indigenous and exotic trees and plants and for harvesting timber-crops and other forest produce and for the prevention and suppression of fires within fire protected areas;\n\n(c) plans works and plant for the utilisation of forest produce for the market and for the conversion manufacture and sale of forest produce and by-products thereof;\n\nS. 20(1)(ca) inserted by No. 6976 s. 4(b)(i), repealed by No. 48/2004 s. 100(2).\n\n(d) the preparation and issue of plans and publications for the advancement of forestry generally and for the encouragement of tree‑planting on municipal and private land;\n\nS. 20(1)(e) amended by No. 41/1987 s. 103(Sch. 4 item 24.22).\n\n(e) the training of authorised officers the conduct of research work and the collection of statistics in connexion with forestry; and\n\nS. 20(1)(ea) inserted by No. 6976 s. 4(b)(ii).\n\n(ea) the promotion of technical knowledge in relation to any aspect of forestry;\n\n(f) the provision of facilities for public recreation and for the protection of native flora and fauna in State forests;\n\nS. 20(1)(g) inserted by No. 6976 s. 4(b)(iii), amended by Nos 41/1987 s. 103(Sch. 4 item 24.21), 76/1998  \n\n(g) the promotion of good relations between the Secretary and the public.\n\nS. 20(2) inserted by No. 19/2018 s. 110(2).\n\n(2) Subject to this Act, for Parks Victoria recorded land, Parks Victoria may make provision for the following out of the moneys available for the purpose—\n\n(a) facilities for public recreation and for the protection of native flora and fauna in State forests; and\n\n(b) the promotion of good relations between Parks Victoria and the public.\n\nS. 20(3) inserted by No. 42/2021 s. 68(2).\n\n(3) Subject to this Act, for land controlled and managed by the Great Ocean Road Coast and Parks Authority, the Great Ocean Road Coast and Parks Authority may make provision for the following out of the moneys available for the purposes of—\n\n(a) facilities for public recreation and for the protection of native flora and fauna in State forests;\n\n(b) the promotion of good relations between the Great Ocean Road Coast and Parks Authority and the public.\n\nNo. 6073 s. 21.\n\nS. 21 (Heading) inserted by No. 19/2018 s. 111(1).\n\n","sortOrder":27},{"sectionNumber":"21","sectionType":"section","heading":"Special powers of Secretary and Parks Victoria","content":"\t21 Special powers of Secretary and Parks Victoria\n\nS. 21(1) amended by Nos 41/1987 s. 103(Sch. 4 item 24.23), 76/1998  \ns. 10(1)(e)(i).\n\n(1) Subject to this Act the Secretary may—\n\n(a) permit the taking or converting of any timber or other forest produce in any State forest at not less than such minimum rates or amounts as are prescribed by or under this Act;\n\n(b) take and sell any timber or forest produce in any State forest;\n\n(c) convert any such timber into logs sawn timber or merchantable articles and sell the same;\n\n(d) convert any such forest produce into merchantable articles and sell the same;\n\nS. 21(1)(e) amended by Nos 48/2004 s. 101(1), 24/2024 s. 44(1).\n\n(e) construct and maintain roads tracks and tramways and other works for the transport of timber, forest produce and merchantable articles and purchase tramways and other works for such purposes and operate tramways or works so constructed or purchased and purchase rent or charter and use vehicles and vessels with the necessary motive power;\n\nS. 21(1)(e) Proviso repealed by No. 9765 s. 10.\n\nS. 21(1)(ea) inserted by No. 8035 s. 3, amended by Nos 8587 s. 3(a), 9416 s. 2(1), 41/1987 s. 103(Sch. 4 item 24.23), 76/1998  \ns. 10(1)(e)(i), repealed by No. 19/2018 s. 111(2).\n\nS. 21(1)(eb) inserted by No. 9416 s. 2(2), amended by Nos 41/1987 s. 103(Sch. 4 item 24.23), 76/1998  \ns. 10(1)(e)(ii), repealed by No. 19/2018 s. 111(2).\n\n(f) construct purchase or rent and operate sawmills and other mills and kilns and depots for seasoning timber and purchase or rent machinery and plant for the purposes of this section; and\n\n(g) purchase cattle and depasture them on State forests and sell such cattle.\n\nS. 21(1AA) inserted by No. 48/2004 s. 101(2), repealed by No. 24/2024 s. 44(2).\n\nS. 21(1A) inserted by No. 8587 s. 3(b), amended by Nos 41/1987 s. 103(Sch. 4 items 24.23, 24.24), 76/1998  \ns. 10(1)(e)(i), substituted by No. 19/2018 s. 111(3).\n\n(1A) Subject to this Act, the land manager, for any State forest, may—\n\n(a) close by the erection of barriers either temporarily or, with the approval of the Governor in Council, permanently, the whole or any part of a relevant road, track, tramway or other works; or\n\n(b) subject to any conditions, limitations and restrictions as are prescribed or as the land manager considers appropriate to impose, permit the use of any closed relevant road, track, tramway or other works by specified persons or for specified purposes or both; or\n\n(c) without limiting paragraph (a), may authorise any authorised officer, either generally or in a particular case, to close to vehicular traffic any relevant road, track, tramway or other works by the erection of barriers, if the authorised officer considers it to be dangerous for use by the public.\n\nS. 21(1B) inserted by No. 19/2018 s. 111(3).\n\n(1B) For the purposes of subsection (1A), ***relevant road, track, tramway or other works*** means any road, track, tramway or other works—\n\n(a) constructed or maintained by the land manager; or\n\n(b) under the control of the land manager.\n\n(2) The power to sell given by this section includes the power to sell by public auction or by tender or at not less than the rates or amounts prescribed by or under this Act.\n\nS. 21(3) amended by Nos 41/1987 s. 103(Sch. 4 item 24.23), 76/1998  \ns. 10(1)(e)(i).\n\n(3) The powers conferred on the Secretary under this Act to construct purchase or operate tramways shall notwithstanding anything in any Act include power—\n\nS. 21(3)(a) amended by No. 41/1987 s. 103(Sch. 4 item 24.25).\n\n(a) to construct any such tramway or any part thereof on along or across any road or (where such tramway is proposed to be constructed wholly or partly on Crown land other than a State forest) on any route in or through such Crown land;\n\n(b) to purchase any such tramway constructed wholly or partly on along or across any road; or\n\n(c) to operate any such tramway.\n\nS. 21(4) amended by No. 41/1987 s. 103(Sch. 4 item 24.23), repealed by No. 41/1987 s. 103(Sch. 4 item 24.26).\n\nS. 21(5) amended by No. 13/1990 s. 40(a).\n\n(5) Notwithstanding anything in this section no tramway or part thereof (as the case may be) proposed to be constructed pursuant to this section along any road which is under the care and management of any municipal council shall be so constructed unless with the consent of the said council or (failing such consent being given within three months after the receipt by the council of an application therefor) of the Governor in Council.\n\nNo. 6073 s. 22.\n\n","sortOrder":28},{"sectionNumber":"22","sectionType":"section","heading":"Working plans for State forests","content":"\t22 Working plans for State forests\n\nS. 22(1) amended by Nos 41/1987 s. 103(Sch. 4 item 24.27), 76/1998  \ns. 10(1)(f)(i).\n\n(1) The Secretary—\n\n(a) shall prepare and cause to be put into operation working plans with respect to the control, maintenance, improvement, protection from destruction or damage by fire or otherwise, and removal of forest produce in and from each State forest and any part thereof;\n\n(b) may from time to time revise any such working plan and shall cause the revised working plan to be put into operation; and\n\n(c) forthwith after the preparation or revision of any such working plan shall submit the same to the Minister.\n\n(2) Any such working plan shall specify the detailed plans for the protection of the area from fire and may specify—\n\n(a) the maximum area from which forest produce may be taken annually;\n\n(b) the maximum quantity of forest produce that may be disposed of annually;\n\nS. 22(2)(c) amended by Nos 6976 s. 4(c), 9549 s. 2(1)(Sch. item 62).\n\n(c) the silvicultural operations necessary to ensure the regeneration of the best species of forest trees on areas which have been cut over; and\n\nS. 22(2)(d) amended by Nos 41/1987 s. 103(Sch. 4 item 24.27), 76/1998  \ns. 10(1)(f)(ii).\n\n(d) such other matters as the Secretary considers appropriate.\n\nS. 22(3) inserted by No. 19/2018 s. 112, amended by No. 42/2021 s. 69.\n\n(3) Subsection (1) does not apply to State forest that is Parks Victoria recorded land or land controlled and managed by the Great Ocean Road Coast and Parks Authority except for the following matters—\n\n(a) the protection from destruction or damage by fire or otherwise; or\n\n(b) timber harvesting on the land and the harvesting is subject to an accepted recommendation.\n\nSs 23–26 repealed.[[2]](#endnote-3)\n\nS. 26A inserted by No. 6976 s. 5(a), amended by Nos 41/1987 s. 103(Sch. 4 item 24.29), 76/1998  \ns. 10(1)(g), repealed by No. 38/2021 s. 16.\n\nS. 26B inserted by No. 9417 s. 4.\n\n","sortOrder":29},{"sectionNumber":"26B","sectionType":"section","heading":"Conduct of forestry schools and sharing of facilities","content":"\t26B Conduct of forestry schools and sharing of facilities\n\nS. 26B(1) amended by Nos 41/1987 s. 103(Sch. 4 item 24.30), 76/1998  \ns. 10(1)(g).\n\n(1) The Secretary may co-operate with any university or college of advanced or tertiary education in conducting forest schools or courses of education or training in forestry and may share with any such university or college any land, buildings or other facilities belonging to the Secretary or managed or controlled by the Secretary.\n\nS. 26B(2) amended by Nos 41/1987 s. 103(Sch. 4 item 24.30), 76/1998  \ns. 10(1)(g).\n\n(2) For the purposes of subsection (1) the Secretary may enter into any agreement or arrangement with any university or college with respect to the conduct of any forest school or course of education or training in forestry or for sharing any land, building or other facilities.\n\n(3) Every agreement or arrangement referred to in subsection (2) shall be in writing and shall be subject to such conditions, limitations and restrictions as are prescribed or the Minister thinks fit to impose.\n\nS. 27 amended by Nos 6976 s. 5(b)(i)(ii), 9019 s. 2(1)(Sch. items 74, 76), 9416 s. 3, repealed by No. 41/1987 s. 103(Sch. 4 item 24.31).\n\nS. 27A inserted by No. 8035 s. 4.\n\n","sortOrder":30},{"sectionNumber":"27A","sectionType":"section","heading":"Employment of persons who are not public servants","content":"\t27A Employment of persons who are not public servants\n\nS. 27A(1) amended by Nos 9019 s. 2(1)(Sch. item 76), 41/1987 s. 103(Sch. 4 item 24.32), substituted by No. 76/1998  \ns. 10(2), amended by No. 108/2004 s. 117(1) (Sch. 3 item 83).\n\n(1) The Secretary or any committee of management or other authority created by this Act may employ persons or classes of persons who are not employed under Part 3 of the **Public Administration Act 2004**.\n\nS. 27A(2) repealed by No. 41/1987 s. 103(Sch. 4 item 24.33).\n\nHeading preceding s. 28 repealed by No. 96/1994 s. 56(c).\n\nS. 28 amended by No. 9019 s. 2(1)(Sch. item 76), repealed by No. 41/1987 s. 103(Sch. 4 item 24.34), new s. 28 inserted by No. 82/2009 s. 34, amended by No. 62/2010 s. 116, substituted by No. 19/2018 s. 113.\n\n","sortOrder":31},{"sectionNumber":"28","sectionType":"section","heading":"Management agreements with Traditional Owner Land Management Boards","content":"\t28 Management agreements with Traditional Owner Land Management Boards\n\n(1) The Secretary may enter into a management agreement with a Traditional Owner Land Management Board for or relating to—\n\n(a) the management of any land that is reserved forest and that is appointed land of that Board; or\n\n(b) the carrying out of specified functions, powers or duties in relation to the management of any land that is reserved forest and that is appointed land of that Board.\n\n(2) The Secretary must consult with Parks Victoria before entering into a management agreement under subsection (1) in relation to Parks Victoria recorded land.\n\nS. 28(2A) inserted by No. 42/2021 s. 70(1).\n\n(2A) The Secretary must consult with the Great Ocean Road Coast and Parks Authority before entering into a management agreement under subsection (1) in relation to land controlled and managed by the Great Ocean Road Coast and Parks Authority.\n\n(3) In entering into a management agreement under subsection (1), the Secretary must have regard to any agreement entered into under Division 5 of Part 8A of the **Conservation, Forests and Lands Act 1987** in relation to the land.\n\n(4) If an agreement under subsection (1)—\n\n(a) provides for a Traditional Owner Land Management Board to manage any land that is reserved forest and that would otherwise be managed by Parks Victoria under this Act or any other enactment, Parks Victoria does not have power to manage that land, to the extent of the agreement; or\n\n(b) provides for a Traditional Owner Land Management Board to carry out any function, power or duty in relation to any land that is reserved forest and that would otherwise be carried out by Parks Victoria, Parks Victoria does not have power to carry out that function, power or duty, to the extent of the agreement.\n\nS. 28(4A) inserted by No. 42/2021 s. 70(2).\n\n(4A) If an agreement under subsection (1)—\n\n(a) provides for a Traditional Owner Land Management Board to manage any land that is reserved forest and that would otherwise be controlled and managed by the Great Ocean Road Coast and Parks Authority under this Act or any other enactment, the Great Ocean Road Coast and Parks Authority does not have power to manage that land, to the extent of the agreement; or\n\n(b) provides for a Traditional Owner Land Management Board to carry out any function, power or duty in relation to any land that is reserved forest and that would otherwise be carried out by the Great Ocean Road Coast and Parks Authority, the Great Ocean Road Coast and Parks Authority does not have power to carry out that function, power or duty, to the extent of the agreement.\n\nS. 28(5) amended by No. 42/2021 s. 70(3).\n\n(5) Subsections (4) and (4A) have effect despite any provision of this Act or any other enactment to the contrary.\n\nHeading preceding s. 29 repealed by No. 96/1994 s. 56(c).\n\nS. 29 repealed by No. 41/1987 s. 103(Sch. 4 item 24.34), new s. 29 inserted by No. 73/2010 s. 49.\n\n","sortOrder":32},{"sectionNumber":"29","sectionType":"section","heading":"Power to authorise Chief Fire Officer to perform fire related activities","content":"\t29 Power to authorise Chief Fire Officer to perform fire related activities\n\nThe Secretary may, in writing, authorise the Chief Fire Officer to perform any functions of the Secretary in respect of fire related activities in every State forest, national park or on protected public land.\n\nSs 30–37 repealed.[[3]](#endnote-4)\n\nPurchase or taking of lands\n\nNo. 6073 s. 38.\n\n\t38 Power to acquire compulsorily land for certain forest purposes\n\nS. 38(1) amended by Nos 7228 s. 7(Sch. 4 Pt 12(a)), 7674 s. 3(a), S.R. No. 258/1974 reg. 5, Nos 121/1986 s. 112, 41/1987 s. 103(Sch. 4 item 24.38), 76/1998  \ns. 10(1)(h).\n\n(1) The Minister may purchase by agreement or compulsorily acquire any land required for the purposes of the Secretary—\n\n(a) for securing ingress egress and regress to and from any reserved or protected forest;\n\n(b) for the use maintenance or transmission of mechanical hydraulic or electric power as a means of transporting forest produce or for operating or lighting any sawmill plant or machinery or other industrial undertaking in a State forest; or\n\n(c) for the construction of tramways roads or tracks in or in the vicinity of any State forest—\n\nto an extent not exceeding 20 metres in width over the whole length of the land required for any such purpose.\n\nS. 38(2) amended by Nos 7228 s. 7(Sch. 4 Pt 12(a)), 7674 s. 3(a), 121/1986 s. 112.\n\n(2) The Minister may purchase by agreement or compulsorily acquire any land required—\n\n(a) for the due conservation and proper working of State forests and plantations;\n\n(b) for the protection of State forests and plantations from sand-drifts upon such land; or\n\n(c) for the prevention or minimising of erosion by rivers streams rain or wind of the soil of State forests or plantations by the planting of such land with trees or grasses or otherwise.\n\nS. 38(2A) inserted by No. 7674 s. 3(b), amended by No. 121/1986 s. 112.\n\n(2A) The Governor in Council may by Order published in the Government Gazette dedicate any land purchased or compulsorily acquired under subsection (2) as a reserved forest.\n\nS. 38(3) amended by Nos 7228 s. 7(Sch. 4 Pt 12(a)), 7674 s. 3(a), substituted by No. 121/1986 s. 112.\n\n(3) The **Land Acquisition and Compensation Act 1986** applies to this Act and for that purpose—\n\n(a) the **Forests Act 1958** is the special Act; and\n\n(b) the Minister is the Authority.\n\nS. 38(4) repealed by No. 121/1986 s. 112.\n\nSs 38A, 39 repealed.[[4]](#endnote-5)\n\nNaming &c., Victorian timber &c.\n\nNo. 6073 s. 40.\n\n\t40 Power to make regulations as to classification grading and naming of Victorian timbers etc.\n\n(1) The Governor in Council may make regulations for or with respect to the classification grading and naming for the purposes of this Act of any timbers obtained from trees grown in Victoria whether indigenous or not (hereinafter called ***Victorian timber***) and of any other forest produce.\n\nS. 40(2) amended by No. 10235 s. 3(b).\n\n(2) On any sale or in any contract for the sale of Victorian timber of any kind or of any forest produce of any kind every person who on or after a date to be proclaimed for the purpose by the Governor in Council by proclamation published in the Government Gazette knowingly describes any such kind of timber or forest produce—\n\n(a) by any other name than the name prescribed as the true name of such kind of timber or forest produce by the regulations; or\n\n(b) as being of any other class or grade of such kind of timber or forest produce than the class or grade prescribed by the regulations for timber or forest produce of that kind of the same average quality—\n\nshall be liable to a penalty of not more than 5 penalty units.\n\nState forests\n\nNo. 6073 s. 41.\n\nS. 41 (Heading) inserted by No. 12/2016 s. 22(1).\n\nS. 41 amended by Nos 6976 s. 7(1)(a), 12/2016 s. 22(2) (ILA s. 39B(1)).\n\n","sortOrder":33},{"sectionNumber":"41","sectionType":"section","heading":"Reserved forest and the Land Act 1958","content":"\t41 Reserved forest and the Land Act 1958\n\n(1) Notwithstanding anything contained in the **Land Act 1958** it shall not be lawful for the Governor in Council by virtue of the said Act at any time to increase or diminish the area of any reserved forest or to grant a right to occupy as a residence area or a lease or licence of or in respect of any Crown land within any reserved forest.\n\nS. 41(2) inserted by No. 12/2016 s. 22(2).\n\n(2) Nothing in subsection (1) affects the ability of the Minister administering the **Land Act 1958** to grant a bee site licence over reserved forest in accordance with that Act.\n\n","sortOrder":34},{"sectionNumber":"42","sectionType":"section","heading":"Reserved forests","content":"\t42 Reserved forests\n\nS. 42(1) substituted by No. 6976 s. 7(1)(b).\n\n(1) Subject to any adjustment of boundaries made as hereinafter provided and subject to any excision made under any repealed Act or enactment—\n\n(a) all unoccupied Crown land within the areas mentioned in the Second Schedule to this Act;\n\n(b) all land dedicated as permanent forests or as timber reserves before the commencement of the **Forests (Further Amendment) Act 1962** pursuant to any enactment repealed by that Act or any corresponding previous enactment; and\n\n(c) all land dedicated pursuant to this Act after the said commencement as reserved forests—\n\nshall be reserved forests.\n\nS. 42(2) amended by No. 6976 s. 7(1)(c).\n\n(2) A reserved forest or any part thereof shall not be alienated either wholly or in part for any estate in fee simple or for any lesser estate save as hereinafter expressly provided.\n\nS. 42(3) amended by Nos 6976 s. 7(1)(c), 25/2023 s. 7(Sch. 1 item 15).\n\n(3) Every conveyance and alienation of a reserved forest or any part thereof in contravention of this section shall be absolutely void as well as against His Majesty as against all other persons whomsoever.\n\nS. 42(4) amended by Nos 6976 s. 7(1)(c), 86/1993 s. 41(2), 48/2004 s. 102(1), 63/2006 s. 61(Sch. item 16), 12/2016 s. 23(1), 24/2024 s. 45(1).\n\n(4) Subject to subsection (4B), except under and pursuant to this Act no lease or licence or permit or authority (other than for carrying out exploration or mining within the meaning of the **Mineral Resources (Sustainable Development) Act 1990**) shall be granted or issued over or in respect of any reserved forest.\n\nS. 42(4A) inserted by No. 48/2004 s. 102(2), repealed by No. 24/2024 s. 45(2).\n\nS. 42(4B) inserted by No. 12/2016 s. 23(2).\n\n(4B) Nothing in subsection (4) prevents a bee site licence being granted under the **Land Act 1958** over reserved forest.\n\nS. 42(5) amended by No. 96/1994 s. 55(b)(i)(ii).\n\n(5) For the purposes of this and the next succeeding section Crown land shall be deemed to be unoccupied notwithstanding that a grazing licence or an agricultural licence has either before or after the commencement of this Act been granted by the Governor in Council or the Minister in respect of the whole or any part thereof.\n\nS. 42(6) amended by Nos 6976 s. 7(1)(c), 9549 s. 2(1)(Sch. item 64), 10087 s. 3(1)(Sch. 1 item 80), 81/1989 s. 3(Sch. item 17.2), 46/1998  \ns. 7(Sch. 1), 6/2009 s. 52.\n\n(6) The Governor in Council may at any time on the joint recommendation of the Minister and the Minister administering the **Mineral Resources (Sustainable Development) Act 1990** excise either temporarily or permanently from any reserved forest any portion thereof which is required for public use as mineral or medicinal springs, or for reservation for visitors to any waterfalls, caves, or places of natural beauty or interest or as health resorts or for sites for townships or for State schools, or for providing roads and means of access thereto or for irrigation purposes or water supply purposes. Any land so excised for water supply purposes may be vested by the Governor in Council (subject to such terms conditions and reservations as he may think fit) in any Authority under the **Water Act 1989**.\n\n(7) No Order in Council may be made under the preceding subsection until a copy of such proposed order has been published in the Government Gazette and been laid before Parliament for at least one month, and until a copy of such proposed order has been forwarded to each member of Parliament.\n\nS. 42(8) amended by Nos 6976 s. 7(1)(c), 7740 s. 2(a)(b), 10087 s. 3(1)(Sch. 1 item 81), 41/1987 s. 103(Sch. 4 items. 24.41, 24.42), 76/1998  \ns. 10(1)(h).\n\n(8) Notwithstanding anything in this section the Governor in Council may acquire by exchange of land dedicated as a reserved forest—\n\n(a) any alienated land or any Crown land licensed or leased with an inchoate right of purchase; or\n\n(b) any land, public or private, and whether vested in trustees or otherwise—\n\nand may execute the proper conveyances accordingly, and may by Order published in the Government Gazette dedicate the land as a reserved forest but no Order in Council for the acquisition by exchange of any Crown land licensed or leased with an inchoate right of purchase shall be made unless on the recommendation of the Secretary.\n\n(9) For the purposes of this and the next succeeding section and of dedication of areas of unoccupied mountainous Crown lands pursuant to this Act, Crown land shall be deemed to be unoccupied notwithstanding that—\n\n(a) (whether before or after the commencement of this Act) such land or any part thereof has been under the **Mines Act 1958** or any corresponding previous enactment or under Division eleven of Part I of the **Land Act 1958** or any corresponding previous enactment—\n\n(i) registered or granted as a residence area; or\n\n(ii) occupied as a residence area or under a business licence; or\n\n(b) after the commencement of the **Forests Act 1907** a lease or licence of or a permit in respect of such land or any part thereof has been granted pursuant to section fifty-one or section fifty-two of this Act or any corresponding previous enactment.\n\nSs 43, 44 repealed by No. 6976 s. 7(1)(d).\n\n","sortOrder":35},{"sectionNumber":"45","sectionType":"section","heading":"Future dedication of Crown land as reserved forests","content":"\t45 Future dedication of Crown land as reserved forests\n\nS. 45(1) substituted by No. 6976 s. 7(1)(e), amended by No. 10087 s. 3(1)(Sch. 1 item 82(a)).\n\n(1) The Governor in Council may on the recommendation of the Minister at any time by Order published in the Government Gazette dedicate any area of Crown land as a reserved forest.\n\nS. 45(2) amended by Nos 6976 s. 7(1)(f), 8587 s. 5(a)(b), 9549 s. 2(1)(Sch. item 65), 10081 s. 5(1), 10087 s. 3(1)(Sch. 1 item 82(b)), 41/1987 s. 103(Sch. 4 item 24.43), 74/2000 s. 3(Sch. 1 item 52.3), 48/2004 s. 102(3), 63/2006 s. 61(Sch. item 16).\n\n(2) Without prejudice to the powers contained in subsection (1) the Governor in Council may subject to this Act upon the joint recommendation of the Minister, the Minister for the time being administering the **Water Act 1989** and the Minister for the time being administering the **Mineral Resources (Sustainable Development) Act 1990** and after the publication of notice of intention to dedicate the same as provided in section 46 dedicate as reserved forests all or any of the areas of unoccupied mountainous Crown lands forming the upper watersheds of permanent streams within Victoria.\n\nNo. 6073 s. 46.\n\nS. 46 amended by No. 9615 s. 4.\n\n","sortOrder":36},{"sectionNumber":"46","sectionType":"section","heading":"Notice of intention to dedicate","content":"\t46 Notice of intention to dedicate\n\nBefore any land is so dedicated notice of intention to dedicate the same shall be published in some newspaper circulating in the neighbourhood wherein such land is situate.\n\nNo. 6073 s. 47.\n\nS. 47 amended by Nos 6976 s. 7(1)(g), 7740 s. 3.\n\n","sortOrder":37},{"sectionNumber":"47","sectionType":"section","heading":"Power to acquire land for forests","content":"\t47 Power to acquire land for forests\n\nThe Governor in Council may acquire by exchange or if so authorized by Parliament may acquire by purchase or resumption or otherwise any alienated land or any land licensed or leased with an inchoate right of purchase (and in the case of the acquisition of land by exchange may execute the proper conveyances accordingly) and may by Order published in the Government Gazette dedicate the same as a reserved forest.\n\nNo. 6073 s. 48.\n\n","sortOrder":38},{"sectionNumber":"48","sectionType":"section","heading":"Power to acquire private land for forests","content":"\t48 Power to acquire private land for forests\n\nS. 48(1) amended by Nos 6976 s. 7(1)(h), 9615 s. 5.\n\n(1) Notwithstanding anything contained in the last preceding section or in any Act the Governor in Council may without further or other authority than this Act purchase for the Crown any land which at any time is required by the Department for the purposes of this Act, whether such land is alienated from the Crown or is land held under a licence or lease from the Crown with an inchoate right of purchase and may by Order published in the Government Gazette dedicate the same as a reserved forest. Not more than $3 000 000[[5]](#endnote-6) shall be expended under this subsection in any one financial year without the express sanction of Parliament.\n\nS. 48(2) amended by Nos 7740 s. 4, 10087 s. 3(1)(Sch. 1 item 83), repealed by No. 41/1987 s. 103(Sch. 4 item 24.44).\n\nNo. 6073 s. 49.\n\nS. 49 (Heading) inserted by No. 48/2004 s. 103(1).\n\n","sortOrder":39},{"sectionNumber":"49","sectionType":"section","heading":"Excisions from reserved forest","content":"\t49 Excisions from reserved forest\n\nS. 49(1) amended by Nos 9549 s. 2(1)(Sch. item 66), 10081 s. 5(1), 10087 s. 3(1)(Sch. 1 item 84(a)(b)), 41/1987 s. 103(Sch. 4 item 24.45), 92/1990 s. 128(Sch. 1 item 12.8), 74/2000 s. 3(Sch. 1 item 52.3), 48/2004 s. 103(2)(a), 63/2006 s. 61(Sch. item 16).\n\n(1) Notwithstanding anything in the **Land Act 1958** or this Act, on the application of the Minister made after reference in writing to and consultation with the Minister for the time being administering the **Water Act 1989** and the Minister for the time being administering the **Mineral Resources (Sustainable Development) Act 1990**, the Governor in Council by Order made without the special authority of an Act of Parliament other than this Act may authorize the excision of any area of land described in the Order permanently from any reserved forest; and a copy of every such Order shall be published in the Government Gazette.\n\nS. 49(2) amended by Nos 7228 s. 7(Sch. 4 Pt 12(b)), 10087 s. 3(1)(Sch. 1 item 85), 41/1987 s. 103(Sch. 4 item 24.46), 76/1998 s. 10(1)(h), repealed by No. 48/2004 s. 103(2)(b).\n\n(3) On the fourteenth day after the publication of the copy of any such Order in the Government Gazette, such Order shall come into force, whereupon—\n\nS. 49(3)(a) amended by No. 48/2004 s. 103(3)(a).\n\n(a) the area of land therein described in the reserved forest shall on a date to be specified in such Order be excised from the reserved forest as if it had been excised therefrom by Act of Parliament and thereupon the said area of land shall be deemed to be and may be dealt with as unoccupied Crown land.\n\nS. 49(3)(b) amended by No. 6976 s. 7(1)(i), repealed by No. 48/2004 s. 103(3)(b).\n\nS. 50 substituted by No. 6976 s. 8.\n\n","sortOrder":40},{"sectionNumber":"50","sectionType":"section","heading":"Power to declare land in reserved forests to be a forest park etc.","content":"\t50 Power to declare land in reserved forests to be a forest park etc.\n\nS. 50(1) amended by Nos 8587 s. 6(a)(i)(ii), 9019 s. 2(1)(Sch. item 77), 9417 s. 5(1), 9615 s. 6.\n\n(1) The Governor in Council may by Order published in the Government Gazette at any time set aside and declare to be a forest park state park regional park multi-purpose park wilderness education area historic area flora and fauna reserve flora reserve scenic reserve alpine reserve roadside reserve or a reserve for any other purpose any land being the whole or any portion of a reserved forest and may at any time by the like Order revoke or vary any Order so made.\n\nS. 50(2) amended by Nos 41/1987 s. 103(Sch. 4 items 24.47, 24.48), 76/1998  \ns. 10(1)(i)(i)(ii), 19/2018 s. 114(1).\n\n(2) Where pursuant to subsection (1) of this section any land is set aside which is subject to a licence or permit granted under this Act for the grazing of cattle the Minister may after giving not less than three months' notice in writing to the holder of the licence or permit of the Minister's intention to do so cancel the licence or permit so far as it relates to that land and all rights and privileges conferred by the licence or permit with respect to that land shall cease accordingly.\n\nS. 50(3) amended by No. 7740 s. 5(a)(b), substituted by No. 9416 s. 4(1), amended by Nos 41/1987 s. 103(Sch. 4 item 24.47), 76/1998  \ns. 10(1)(i)(i).\n\n(3) (a) The Minister on the recommendation of the Secretary may appoint to be a committee of management or an advisory committee in relation to any land set aside pursuant to the provisions of subsection (1)—\n\n(i) any three or more persons;\n\nS. 50(3)(a)(ii) substituted by No. 13/1990 s. 40(b).\n\n(ii) any municipal council or any councillor;\n\n(iii) any board, committee, commission, trust or other body corporate or unincorporate established by or under any Act for a public purpose;\n\nS. 50(3)(a)(iv) substituted by Nos 9699 s. 23, 44/2001 s. 3(Sch. item 49).\n\n(iv) a company within the meaning of the Corporations Act that—\n\n(A) is taken to be registered in Victoria; and\n\n(B) is registered under section 150, or has a licence in force under section 151, of that Act;\n\n(v) any combination of such persons and bodies;\n\nS. 50(3)(a)(vi) amended by Nos 96/1994 s. 56(e), 74/2000 s. 3(Sch. 1 item 52.4).\n\n(vi) any one of the corporations or bodies referred to in subparagraph (ii), (iii) or (iv) together with an authorised officer—\n\nand may at any time remove any of those persons or bodies from office.\n\n(b) Where a corporation is appointed under this subsection with some other person or body to be a committee under this section the corporation shall appoint one of its members to act as the agent of the corporation for all purposes.\n\nS. 50(4) amended by Nos 8587 s. 6(b), 76/1998  \ns. 10(1)(i)(iii).\n\n(4) The members of a committee of management or an advisory committee appointed under this section who are not employees in the public service shall subject to such conditions as he may determine be entitled to receive such travelling allowances as are fixed by the Governor in Council.\n\nS. 50(4A) inserted by No. 19/2018 s. 114(2).\n\n(4A) A committee of management appointed under subsection (3), that is constituted by Parks Victoria, by instrument, may delegate to any of the following persons or bodies any function, power or duty of the committee of management under this Act, other than this power of delegation—\n\n(a) a member of Parks Victoria;\n\n(b) a committee, established under the **Parks Victoria Act 2018**, consisting only of members of Parks Victoria;\n\n(c) the chief executive officer or an employee, or class of employee, of Parks Victoria;\n\n(d) the Secretary;\n\n(e) a person or a class of person employed under the **Public Administration Act 2004** in the administration of this Act.\n\nS. 50(4B) inserted by No. 19/2020 s. 91.\n\n(4B) A committee of management appointed under subsection (3) that is constituted by the Great Ocean Road Coast and Parks Authority, by instrument, may delegate to any of the following persons or bodies any function, power or duty of the committee of management under this Act, other than this power of delegation—\n\n(a) a member of the Great Ocean Road Coast and Parks Authority;\n\n(b) the chief executive officer or an employee, or class of employee, of the Great Ocean Road Coast and Parks Authority;\n\n(c) a person or a class of person employed under Part 3 of the **Public Administration Act 2004** in the administration of this Act.\n\nS. 50(5) substituted by No. 7205 s. 2(a).\n\n(5) The Governor in Council may make regulations for or with respect to—\n\nS. 50(5)(a) amended by Nos 41/1987 s. 103(Sch. 4 item 24.47), 76/1998  \n\n(a) the care protection and management of such land by the land manager or the committee of management;\n\nS. 50(5)(aa) inserted by No. 9417 s. 5(2)(a).\n\n(aa) regulating the entry upon such land of persons and prohibiting or regulating the entry upon such land of vehicles and the landing of helicopters and other aircraft and prescribing the periods during which persons, vehicles, helicopters or other aircraft may remain upon or over that land;\n\nS. 50(5)(ab) inserted by No. 9417 s. 5(2)(a).\n\n(ab) regulating and controlling the use of such land by the public and prescribing conditions to be observed by persons using such land;\n\n(b) the preservation of good order and decency therein;\n\nS. 50(5)(ba) inserted by No. 9417 s. 5(2)(b), amended by No. 41/1987 s. 103(Sch. 4 item 24.49).\n\n(ba) prohibiting or restricting the bringing upon any such land or allowing the entry thereon of any animal included in a specified class of animals or imposing conditions subject to compliance with which such an animal is permitted to be brought into, allowed to enter or to remain upon such land and where regulations are in force prohibiting the bringing into or entry upon that land of specified animals the regulations may permit an authorised officer, where he is satisfied upon reasonable grounds that an animal has been brought into or entered upon that land in contravention of these regulations and is at large upon the land, to shoot or otherwise destroy the animal speedily and without causing it unnecessary suffering;\n\nS. 50(5)(bb) inserted by No. 109/2004 s. 21.\n\n(bb) the setting aside of areas of that land for specific purposes, including prohibiting or regulating—\n\n(i) access to and entry onto those areas; and\n\n(ii) activities in, or the use of, those areas;\n\nS. 50(5)(c) substituted by No. 7340 s. 2(a), amended by Nos 41/1987 s. 103(Sch. 4 item 24.47), 76/1998  \n\n(c) the provision of services on such land by the land manager or the committee of management and the conditions under which any service so provided shall be available to or be used by any person;\n\nS. 50(5)(ca) inserted by No. 7340 s. 2(a), amended by Nos 41/1987 s. 103(Sch. 4 item 24.47), 76/1998  \n\n(ca) the carrying out of works and improvements on such land by the land manager or the committee of management;\n\nS. 50(5)(cb) inserted by No. 7340 s. 2(a).\n\n(cb) the health and safety of persons on such land or occupying or using any building or any part of a building thereon;\n\nS. 50(5)(cc) inserted by No. 7340 s. 2(a), amended by Nos 41/1987 s. 103(Sch. 4 item 24.47), 76/1998  \n\n(cc) the inspection and approval by the land manager or committee of management of plans and specifications for buildings or extensions or alterations to buildings required or permitted to be erected or made on such land under any lease licence or permit granted under section fifty-one or section fifty-two of this Act and the supervision by the land manager or committee of management of the erection or making thereof;\n\nS. 50(5)(cd) inserted by No. 7340 s. 2(a), amended by Nos 41/1987 s. 103(Sch. 4 item 24.47), 76/1998  \n\n(cd) the giving to the land manager or committee of management before any such building extension or alteration is commenced of security by way of a deposit of money or otherwise for the proper carrying out and completion of the work and the amount or value of the security;\n\n(d) the employment of officers servants and workmen by the committee of management;\n\nS. 50(5)(e) substituted by No. 7340 s. 2(b), amended by Nos 41/1987 s. 103(Sch. 4 item 24.47), 76/1998  \ns. 10(1)(i)(i), 48/2004 s. 104(1), 19/2018 s. 114(3)  \n(4)(b)(c).\n\n(e) the imposition collection and receipt of tolls fees rents or other charges by the land manager or the committee of management for or in respect of—\n\n(i) entry upon such land or any specified part thereof;\n\n(ii) use of such land or any part thereof or any improvement thereon;\n\nS. 50(5)(e)(iii) amended by Nos 41/1987 s. 103(Sch. 4 item 24.47), 76/1998  \n\n(iii) the construction and maintenance on such land by the land manager or the committee of management of roads or streets drainage works sewerage works water supply works and electricity supply works;\n\nS. 50(5)(e)(iv) amended by Nos 41/1987 s. 103(Sch. 4 item 24.47), 76/1998  \n\n(iv) the supply of water and electricity and any other service whatever (whether of a similar or different kind) provided by the land manager or the committee of management on such land or in connexion with the use of such land or any building or improvement thereon; and\n\nS. 50(5)(e)(v) amended by No. 19/2018 s. 114(4)(a).\n\n(v) the examination and approval of plans for any new building or any extension or alteration to any building to be erected or made under any lease licence or permit granted under section 51 or 52—\n\nbut so that no toll fee rent or charge imposed by any regulation made under subparagraphs (i), (ii) or (iii) shall be payable by any person who holds a lease licence or permit in respect of any such land which was granted under section 52(1)(a)(ii), (iii) or (iv);\n\nS. 50(5)(f) amended by Nos 41/1987 s. 103(Sch. 4 item 24.47), 76/1998  \n\n(f) the expenditure of any moneys received by the land manager or the committee of management in respect of any such land.\n\nS. 50(5A) inserted by No. 9936 s. 106(2), substituted by No. 86/1993 s. 41(3), amended by No. 63/2006 s. 61(Sch. item 16).\n\n(5A) The Minister must not submit to the Governor in Council regulations proposed to be made under subsection (5) that prohibit or restrict, or require the consent of the Minister to, the carrying out of exploration or mining within the meaning of the **Mineral Resources (Sustainable Development) Act 1990** on land set aside under subsection (1) that is restricted Crown land within the meaning of that Act unless the Minister has consulted with the Minister administering that Act in relation to the content of the proposed regulations.\n\nS. 50(6) inserted by No. 7205 s. 2(b), substituted by No. 7674 s. 4, amended by Nos 41/1987 s. 103(Sch. 4 item 24.47), 76/1998  \ns. 10(1)(i)(i), 19/2018 s. 114(5).\n\n(6) Any moneys received by the land manager pursuant to any regulation made under this section shall be paid into a special trust fund kept in the Treasury for the purpose, and shall be available for—\n\n(a) the repayment of loans made for the provision of services and the carrying out of works and improvements on any such land, the payment of interest on such loans and the maintenance and extension of such services works and improvements; and\n\n(b) the provision and extension of other services and carrying out maintaining and extending other works and improvements on any such land.\n\nS. 50(7) inserted by No. 9416 s. 4(2), amended by No. 11/2001 s. 3(Sch. item 27), repealed by No. 48/2004 s. 104(2), new s. 50(7) inserted by No. 42/2021 s. 71.\n\n(7) Despite subsection (6), any moneys received by the Great Ocean Road Coast and Parks Authority pursuant to any regulation made under this section is to be paid into the Great Ocean Road Coast and Parks Account established under section 62A of the **Great Ocean Road and Environs Protection Act 2020**.\n\nS. 50(8) inserted by No. 9416 s. 4(2), amended by Nos 41/1987 s. 103(Sch. 4 item 24.47), 76/1998  \ns. 10(1)(i)(i), 19/2018 s. 114(6).\n\n(8) A lessee or licensee of land within any reserve or the holder of any licence or permit relating to a reserve shall be liable to pay to the committee of management of the reserve or to the land manager (as the case requires) such amount as is fixed either generally or in any particular case by the committee of management with the approval of the Secretary or by the land manager and approved by the Minister—\n\nS. 50(8)(a) amended by Nos 41/1987 s. 103(Sch. 4 item 24.47), 76/1998  \ns. 10(1)(i)(i), 19/2018 s. 114(7).\n\n(a) as an appropriate contribution towards the costs incurred by the committee or the land manager in providing facilities, amenities and services for that lessee, licensee or holder and the operation and maintenance of any such facilities, amenities and services or for community purposes;\n\nS. 50(8)(b) amended by Nos 41/1987 s. 103(Sch. 4 item 24.47), 76/1998  \ns. 10(1)(i)(i), 19/2018 s. 114(7).\n\n(b) as an annual contribution towards the costs incurred by the committee or by the land manager in providing operating and maintaining any such facilities, amenities and services or any one or more or any combination of any such activities.\n\nS. 50(9) inserted by No. 9416 s. 4(2).\n\n(9) Amounts payable under subsection (8) shall be payable as prescribed by the regulations and may in default of payment be recovered as a debt due to the Crown.\n\nS. 50(10) inserted by No. 9417 s. 5(3) (as amended by No. 9549 s. 2(1)(Sch. item 68)).\n\n(10) The Governor in Council may—\n\nS. 50(10)(a) amended by No. 13/1990  \ns. 40(c), substituted by No. 48/2004 s. 104(3).\n\n(a) annually appoint a registered company auditor to audit the accounts and records of any committee of management; or\n\nS. 50(10)(b) substituted by No. 93/1997  \ns. 28(Sch.  \nitem 14), amended by No. 53/1999 s. 26(Sch. item 12(a)).\n\n(b) in respect of any particular committee of management, direct that the accounts of the committee of management be audited by the Auditor-General and, if so—\n\nS. 50(10)(b)(i) amended by No. 53/1999 s. 26(Sch. item 12(b)).\n\n(i) the Auditor-General and any person assisting the Auditor-General has in respect of the audit all the powers conferred on the Auditor-General by any law relating to the audit of the Public Account; and\n\n(ii) the committee of management must pay to the Consolidated Fund an amount determined by the Auditor-General to defray the costs and expenses of the audit.\n\nS. 50(11) inserted by No. 48/2004 s. 104(4).\n\n(11) A registered company auditor appointed under subsection (10)(a) is entitled to be paid by the committee of management such remuneration as the Governor in Council determines.\n\nS. 50AA inserted by No. 62/2010 s. 117.\n\n\t50AA Revocation and further setting aside and declaration of land\n\n(1) If a land agreement provides that land that is the subject of the agreement is to be set aside and declared for the purpose specified in the agreement, the Minister may recommend to the Governor in Council that any determination under section 50 in respect of the land be revoked and that the land be set aside and declared for the purposes set out in the recommendation.\n\n(2) On receiving a recommendation of the Minister under subsection (1), the Governor in Council may, by Order in Council, revoke any determination under section 50 in respect of the land and set aside and declare the land for the purposes set out in the Order in Council.\n\n(3) The Minister must take all reasonable steps to make a recommendation under subsection (1), to give effect to the land agreement.\n\n(4) This section has effect despite anything to the contrary in any other provision of this Act.\n\n(5) In this section ***land agreement*** has the same meaning as in the **Traditional Owner Settlement Act 2010**.\n\nS. 50A inserted by No. 9417 s. 6.\n\n\t50A Secretary may accept gift of certain lands subject to conditions\n\nS. 50A(1) amended by Nos 41/1987 s. 103(Sch. 4 item 24.50), 76/1998  \ns. 10(1)(j).\n\n(1) Where it appears to the Secretary that any land offered as a gift or devise under this section would be suitable for setting aside under section 50 if the land were reserved forest the Secretary may accept a gift or devise of the land subject to a condition entitling the donor or testator or a nominee of the donor or testator to occupy the land during the lifetime of the donor or nominee or for any other specified period where in the opinion of the Secretary it is expedient to do so for or in connexion with giving effect to the objects of this Act.\n\nS. 50A(2) amended by Nos 41/1987 s. 103(Sch. 4 item 24.50), 76/1998  \ns. 10(1)(j).\n\n(2) Where the Secretary accepts land under subsection (1) the Governor in Council may set aside and declare the land to be a park or reserve under section 50(1) in all respects as if the land were reserved forest and may by the like Order revoke or vary any Order so made.\n\n(3) Upon a declaration being made under subsection (2) the provisions of section 50, subsections (3), (4) and (5) shall extend and  \napply to the land declared but any regulations made under that section shall be subject to and have regard to the condition referred to in subsection (1) upon which the land was given by the donor.\n\nHeading preceding s. 51 substituted by No. 62/2010 s. 118.\n\nLeases, licences and management responsibilities\n\nNo. 6073 s. 51.\n\nS. 51 amended by Nos 6842 s. 3, 6976 s. 9,  \n7740 s. 6,  \nS.R. No. 258/1974 reg. 6, Nos 41/1987 s. 103(Sch. 4 item 24.51), 76/1998  \ns. 10(1)(j), 48/2004 s. 105, substituted by No. 40/2009 s. 19.\n\n\t51 Leases of land in reserved forests\n\nS. 51(1) amended by No. 19/2018 s. 115.\n\n(1) The Minister may lease any Crown land in a reserved forest for a term of not more than 21 years for any purpose that the land manager recommends.\n\n(2) The Minister may lease any Crown land in a reserved forest for a term of more than 21 years but not more than 65 years, if the Minister is satisfied that—\n\n(a) the proposed use, development, improvements or works that are specified in the lease are of a substantial nature and of a value which justifies a longer term lease; and\n\n(b) the granting of a longer term lease is in the public interest.\n\n(3) A lease under this section is subject to—\n\n(a) the covenants, terms and conditions that are determined by the Minister; and\n\n(b) the payment of royalties as determined by the Minister.\n\n(4) The Minister may, for the purposes of entering into a lease of any Crown land in a reserved forest under this section, enter into an agreement to lease that land.\n\n(5) If the Minister enters into an agreement to  \nlease Crown land in a reserved forest under subsection (4) and the agreement to lease grants a right to occupy land for a period of time, that period and the period of any lease entered into consequent on the agreement must not, when added together, exceed the maximum lease term permitted under this section.\n\nNo. 6073 s. 52.\n\n\t52 Licences and permits with respect to forests\n\nS. 52(1) amended by Nos 6976 s. 10(1)(a)(b), 7205 s. 3(a), S.R. No. 258/1974 reg. 7(a)–(c), Nos 9615 s. 7, 41/1987 s. 103(Sch. 4 items 24.52, 24.53), substituted by No. 90/1989 s. 10, amended by No. 76/1998  \ns. 10(1)(k)(i)(ii), substituted by No. 40/2009 s. 20, amended by No. 80/2009 s. 105(1).\n\n(1) The Minister may grant a licence or permit for a term of not more than 20 years, subject to any covenants, terms and conditions that may be prescribed, any additional covenants, terms and conditions that the Minister considers appropriate to impose in a particular case, and the payment of any rent, fees, royalties or charges that the Minister may determine.\n\nS. 52(1AA) inserted by No. 24/2024 s. 20.\n\n(1AA) The Minister must consider any prescribed matters before granting a licence or permit under this section.\n\nS. 52(1A) inserted by No. 40/2009 s. 20, amended by No. 80/2009 s. 105(2).\n\n(1A) A licence or permit granted under this section in respect of Crown land in a reserved forest may be for any one or more of the following purposes that is specified in the licence or permit—\n\n(a) to graze cattle;\n\n(b) to graze cattle under agistment;\n\n(c) to occupy an area of not more than 2000 hectares for the exclusive cutting of timber;\n\n(d) to thin, cut and remove timber;\n\nS. 52(1A)(e) amended by No. 80/2009 s. 105(2).\n\n(e) to cut forest produce specified in the licence or permit;\n\nS. 52(1A)(f) amended by No. 80/2009 s. 105(2).\n\n(f) to dig forest produce specified in the licence or permit;\n\nS. 52(1A)(g) amended by Nos 80/2009 s. 105(2), 12/2016 s. 24(a).\n\n(g) subject to paragraph (i), to take away forest produce specified in the licence or permit;\n\n(h) to occupy for residence an area of not more than 0⋅4 hectares;\n\nS. 52(1A)(i) amended by No. 12/2016 s. 24(b).\n\n(i) any purpose for which a licence may be granted under Subdivision 2 of Division 9 of Part I of the **Land Act 1958**, except a bee site licence within the meaning of that Act;\n\n(j) any other purpose whatever relating to or connected with a state forest or forest produce.\n\nS. 52(1B) inserted by No. 40/2009 s. 20, amended by No. 80/2009 s. 105(3).\n\n(1B) A licence or permit granted under this section to enter protected forest may be for any one or more of the following purposes that is specified in the licence or permit—\n\nS. 52(1B)(a) amended by No. 80/2009 s. 105(3).\n\n(a) to cut forest produce specified in the licence or permit;\n\nS. 52(1B)(b) amended by No. 80/2009 s. 105(3).\n\n(b) to dig forest produce specified in the licence or permit;\n\nS. 52(1B)(c) amended by No. 80/2009 s. 105(3).\n\n(c) to take away forest produce specified in the licence or permit.\n\nS. 52(1C) inserted by No. 40/2009 s. 20, amended by No. 80/2009 s. 105(4).\n\n(1C) A licence or permit granted under this section to enter land set aside in section 50(1), may be for any one or more of the following purposes that is specified in the licence or permit—\n\n(a) to provide accommodation;\n\n(b) to store goods and liquid fuels;\n\n(c) to sell goods and liquid fuels;\n\n(d) to erect ski lifts;\n\n(e) to operate ski lifts;\n\nS. 52(1C)(f) amended by No. 19/2018 s. 116.\n\n(f) to provide any other facility or service which the Minister considers appropriate.\n\nS. 52(1D) inserted by No. 40/2009 s. 20.\n\n(1D) A licence or permit to which subsection (1C) applies must not be for an area of more than 1⋅25 hectares unless the Minister has approved the granting of the licence or permit for a greater area.\n\nS. 52(2) amended by Nos 9416 s. 5, 10087 s. 3(1)(Sch. 1 item 86), 41/1987 s. 103(Sch. 4 item 24.52), repealed by No. 41/1987 s. 103(Sch. 4 item 24.54), new s. 52(2) inserted by No. 48/2004 s. 106, amended by No. 80/2009 s. 105(5), repealed by No. 24/2024 s. 46.\n\nS. 52(3) amended by Nos 41/1987 s. 103(Sch. 4 item 24.55), 76/1998  \ns. 10(1)(k)(i), 80/2009 s. 105(6).\n\n(3) No permit or licence granted under this Act shall be transferable except with the authority in writing of the Minister.\n\nS. 52(4) amended by No. 6976 s. 10(2).\n\n(4) Any holder of a licence or permit granted under this section who fails to comply with the prescribed covenants terms and conditions relating to his licence or permit shall be guilty of an offence against this Act.\n\nS. 52(5) inserted by No. 6976 s. 10(3), amended by Nos 7205 s. 3(b), 41/1987 s. 103(Sch. 4 items 24.52, 24.56), 76/1998  \ns. 10(1)(k)(i), substituted by No. 80/2009 s. 105(7).\n\n(5) The Minister may suspend or cancel any licence or permit where the holder of the licence or permit has failed to comply with a prescribed covenant, term or condition of the licence or permit or any covenant, term or condition imposed by the Minister on the licence or permit.\n\nS. 52(6) inserted by No. 6976 s. 10(3), amended by Nos 41/1987 s. 103(Sch. 4 item 24.52), 76/1998  \ns. 10(1)(k)(i), repealed by No. 48/2004 s. 107.\n\nNew s. 52A inserted by No. 82/2009 s. 35, repealed by No. 46/2012 s. 4.\n\nS. 52AA inserted by No. 48/2004 s. 108.\n\n\t52AA No compensation payable or proceedings able to be taken\n\nOn the repeal of section 52(6) by section 107 of the **Sustainable Forests (Timber) Act 2004**—\n\n(a) despite anything to the contrary in section 14 of the **Interpretation of Legislation Act 1984**, any entitlement, right or purported right in existence immediately before that repeal in respect of the granting of any further licence or permit for a licence or permit of a kind referred to in section 52(6) as in force immediately before its repeal ceases to exist; and\n\n(b) the holder of a licence or permit of a kind referred to in section 52(6) is not entitled to have that licence or permit renewed or reissued, whether any entitlement, right or purported right to do so arose under section 52(6), a term or condition of the licence or permit or in any other manner; and\n\n(c) no proceedings may be taken—\n\n(i) in respect of any loss, damage or injury resulting from or arising out of—\n\n(A) the loss of any entitlement, right or purported right referred to in paragraph (a) or (b); or\n\n(B) the enactment of this section; or\n\n(ii) to seek a renewal, reissue or grant of a licence or permit, whether arising under any entitlement, right or purported right to do so under section 52(6), a term or condition of the licence or permit or in any other manner; and\n\n(d) no compensation is payable in respect of any loss, damage or injury resulting from or arising out of—\n\n(i) the loss of any entitlement, right or purported right referred to in paragraph (a) or (b); or\n\n(ii) the enactment of this section.\n\nS. 52A inserted by No. 82/1990 s. 4, amended by Nos 76/1998 s. 10(1)(l), 97/2003 s. 4, repealed by No. 48/2004 s. 109(b).\n\nSs 52B, 52C inserted by No. 82/1990 s. 4, amended by No. 76/1998 s. 10(1)(l), repealed by No. 48/2004 s. 109(b).\n\nSs 52D, 52E inserted by No. 82/1990 s. 4, repealed by No. 48/2004 s. 109(b).\n\nS. 52F inserted by No. 82/1990 s. 4, amended by No. 76/1998 s. 10(1)(m), repealed by No. 48/2004 s. 109(b).\n\nNo. 6073 s. 53.\n\n","sortOrder":41},{"sectionNumber":"53","sectionType":"section","heading":"Power to submit certain leases licences or permits to auction or tender","content":"\t53 Power to submit certain leases licences or permits to auction or tender\n\nS. 53(1) amended by Nos 6976 s. 11(a), 41/1987 s. 103(Sch. 4 item 24.57), 76/1998  \ns. 10(1)(n)(i), 19/2018 s. 117.\n\n(1) Before any lease under section 51 or any licence or permit under section 52 is granted, the right to such lease, if the land manager so recommends, or (as the case may be) the right to such licence or permit may be offered, subject to the regulations, for sale by auction or by tender and the rental of the said lease and the royalties dues or charges payable with respect to forest produce by the holder of the said lease licence or permit shall in that case be fixed thereby.\n\nS. 53(2) amended by Nos 6976 s. 11(b), 41/1987 s. 103(Sch. 4 item 24.57), 76/1998  \ns. 10(1)(n)(ii).\n\n(2) For the purposes of this Act royalty on timber may be assessed, as the Secretary considers appropriate, on timber standing or in the log or on the quantity of merchantable timber produced after conversion from the log.\n\n(3) The contents of timber cut for milling purposes and measured in the log shall be calculated on the quarter girth system or such other system as is prescribed.\n\nNo. 6073 s. 54.\n\nS. 54 amended by Nos 41/1987 s. 103(Sch. 4 item 24.58), 76/1998  \n\n","sortOrder":42},{"sectionNumber":"54","sectionType":"section","heading":"Lease etc. with respect to timber to contain condition as to insurance against loss by fire","content":"\t54 Lease etc. with respect to timber to contain condition as to insurance against loss by fire\n\nEvery lease of any area for saw-milling purposes and every licence or permit to occupy a special area for the exclusive cutting of timber or to thin out and remove trees or to cut and take away timber may contain a covenant or condition in the prescribed form to insure in the name of the Secretary, when required by the Secretary, against loss by fire or otherwise any timber upon which on the removal thereof from a State forest any royalties dues or charges may be payable to the Secretary, and the amount of such insurance shall be at least sufficient to cover the royalties dues and charges estimated by the Secretary to be so payable on such timber.\n\nNo. 6073 s. 55.\n\n","sortOrder":43},{"sectionNumber":"55","sectionType":"section","heading":"No compensation for improvements","content":"\t55 No compensation for improvements\n\nUpon the expiration of the term of any lease licence or permit under this Act or any corresponding previous enactment no compensation for any improvements upon the land comprised therein shall be payable by the Crown to the outgoing lessee licensee or grantee of such permit. Such lessee or licensee or grantee of such permit unless otherwise provided in his lease or licence or permit shall be entitled to remove any fences or buildings erected by him or to dispose of them to any incoming tenant or grantee of a permit.\n\nNo. 6073 s. 56.\n\nS. 56 amended by No. 7674 s. 5, substituted by No. 7740 s. 7, amended by Nos 41/1987 s. 103(Sch. 4 item 24.59), 76/1998  \ns. 10(1)(o), 48/2004 s. 110, 19/2018 s. 118.\n\n","sortOrder":44},{"sectionNumber":"56","sectionType":"section","heading":"Dealing with interest in leased land","content":"\t56 Dealing with interest in leased land\n\nAny person may with the consent of the Minister given on the recommendation of the land manager assign sublet or transfer the person's right title and interest in the whole or any part of any land which is the subject of a lease granted under this Act or any corresponding previous enactment.\n\nNo. 6073 s. 57.\n\n","sortOrder":45},{"sectionNumber":"57","sectionType":"section","heading":"Restriction of rights of lessees and licensees","content":"\t57 Restriction of rights of lessees and licensees\n\nThe holder of a lease or licence of or grantee of a permit with respect to any land under this Act or any corresponding previous enactment shall not fell cut destroy injure or remove any tree or timber on such land unless expressly authorized by his lease licence or permit so to do and then only in accordance with such authorization.\n\nS. 57A inserted by No. 7499 s. 46, amended by S.R. No. 258/1974 reg. 8, repealed by No. 67/1995 s. 58(Sch. 1 item 8) (as amended by No. 74/2000 s. 3(Sch. 1 item 45)), new s. 57A inserted by No. 62/2010 s. 119.\n\n","sortOrder":46},{"sectionNumber":"57A","sectionType":"section","heading":"Land to be managed consistently with joint management plan","content":"\t57A Land to be managed consistently with joint management plan\n\nIf any appointed land of a Traditional Owner Land Management Board constitutes the whole or a part of reserved forest, the person responsible for the management of that appointed land under this Act must ensure that the land is managed in a way that is not inconsistent with any joint management plan for the land.\n\nS. 57B inserted by No. 79/1995 s. 32.\n\n","sortOrder":47},{"sectionNumber":"57B","sectionType":"section","heading":"Lease of land to a generation company","content":"\t57B Lease of land to a generation company\n\nS. 57B(1) amended by No. 48/1996 s. 29(1).\n\n(1) The Minister may grant or renew a lease to a generation company of any area of land in reserved forest which is used for the purposes of the generation of electricity for supply or sale.\n\n(2) A lease under subsection (1)—\n\nS. 57B(2)(b) amended by No. 48/1996 s. 29(1).\n\n(b) is subject to any terms and conditions determined by the Minister.\n\nS. 57B(3) inserted by No. 48/1996 s. 29(2).\n\n(3) A lease under subsection (1) may be granted—\n\n(a) without being limited to a particular stratum of land; or\n\n(b) for a stratum of land.\n\nS. 57B(4) inserted by No. 48/1996 s. 29(2).\n\n(4) The Minister must not grant a lease under subsection (1) for a stratum of land unless he or she is satisfied that—\n\n(a) each lessee for the time being under the lease can obtain reasonable access to and use of the land to be leased; and\n\n(b) the granting of the lease would not interfere with the exercise of rights by the registered proprietor, lessee or licensee of other land; and\n\n(c) provision has been made (in the lease or otherwise) for any necessary rights of support of the stratum or other land or of any building or structure erected or to be erected on those lands; and\n\n(d) provision has been made (in the lease or otherwise) for any necessary rights for the passage or provision of services (including drainage, sewerage, or the supply of water, gas, electricity or telephone) to or through the stratum, where those rights are necessary for the reasonable enjoyment of the stratum or other land.\n\nS. 57B(5) inserted by No. 48/1996 s. 29(2).\n\n(5) The granting under subsection (1) of a lease of a stratum of land is conclusive proof of compliance with subsection (4) in respect of the lease.\n\nS. 57B(6) inserted by No. 55/1997  \ns. 27(1), amended by No. 69/2000 s. 53(1).\n\n(6) In this section, ***generation company*** has the same meaning as in the **Electricity Industry Act 2000**.\n\nS. 57C inserted by No. 79/1995 s. 32.\n\n","sortOrder":48},{"sectionNumber":"57C","sectionType":"section","heading":"Issue of licences over land to a generation company","content":"\t57C Issue of licences over land to a generation company\n\nS. 57C(1) amended by No. 48/1996 s. 30.\n\n(1) The Minister may grant or renew a licence to a generation company of any area of land in reserved forest which is used for the purposes of the generation of electricity for supply or sale.\n\n(2) A licence under subsection (1)—\n\nS. 57C(2)(b) amended by No. 48/1996 s. 30.\n\n(b) is subject to the terms and conditions determined by the Minister.\n\nS. 57C(3) inserted by No. 55/1997  \ns. 27(2), amended by No. 69/2000 s. 53(2).\n\n(3) In this section, ***generation company*** has the same meaning as in the **Electricity Industry Act 2000**.\n\nS. 57D inserted by No. 79/1995 s. 32, amended by No. 48/1996 s. 31(1) (a)(b)(2), substituted by No. 55/1997  \ns. 26.\n\n","sortOrder":49},{"sectionNumber":"57D","sectionType":"section","heading":"Agreement with electricity company—reserved forest","content":"\t57D Agreement with electricity company—reserved forest\n\nS. 57D(1) amended by No. 14/2024 s. 14.\n\n(1) The Minister may enter into an agreement with an electricity company—\n\n(a) to manage and control; or\n\n(b) to carry out duties functions and powers related to the company's purpose in—\n\nany area of reserved forest, other than any area that is a reference area under the **Reference Areas Act 1978**, that is used, or is to be used, for the purposes of or in connection with the company's purpose.\n\n(2) An agreement under subsection (1)—\n\n(a) must be in writing;\n\n(b) may be amended from time to time or terminated by further written agreement between the parties; and\n\n(c) must contain provisions with respect to the protection and conservation of the land subject to the agreement.\n\n(3) In this section—\n\nS. 57D(3) def. of *electricity company* amended by No. 69/2000 s. 53(3).\n\n***electricity company*** means a generation company, transmission company or distribution company within the meaning of the **Electricity Industry Act 2000**;\n\n***company's purpose*** means—\n\n(a) in relation to an electricity company that is a generation company, the generation of electricity for the purposes of supply or sale;\n\n(b) in relation to an electricity company that is a transmission company, the transmission of electricity;\n\n(c) in relation to an electricity company that is a distribution company, the distribution or supply of electricity.\n\nS. 57DA inserted by No. 14/2024 s. 15.\n\n\t57DA Licences and permits with respect to offshore wind energy generation\n\n(1) The Minister may grant a licence or permit for a term of not more than 21 years in respect of any area of land in reserved forest which is used, or is to be used, for one or more of the following purposes—\n\n(a) assessing the desirability or feasibility of constructing or installing offshore electricity transmission infrastructure;\n\n(b) determining the optimal placement of offshore electricity transmission infrastructure;\n\n(c) carrying out an activity for the purposes of obtaining a permit or consent (however described) required by or under any Act of Victoria or the Offshore Electricity Infrastructure Act 2021 of the Commonwealth for the construction or installation of offshore electricity transmission infrastructure.\n\n(2) A licence or permit under subsection (1)—\n\n(b) is subject to the terms and conditions determined by the Minister; and\n\n(c) is subject to any prescribed terms and conditions.\n\n(3) In granting a licence or permit under subsection (1), the Minister must have regard to the following—\n\n(a) whether or not the person or body to whom the licence or permit is to be granted is, or is applying on behalf of, the holder of a licence within the meaning of the Offshore Electricity Infrastructure Act 2021 of the Commonwealth that relates to all or any of the land in respect of which that person or body may be granted a licence or permit under subsection (1);\n\n(b) whether granting the licence or permit would contribute to achieving an offshore wind energy generation target or a renewable energy generation target set by the State of Victoria;\n\n(c) any other matter that the Minister considers relevant.\n\n(4) Before granting a licence or permit under this section, the Minister must consult the Minister responsible for administering the **Electricity Industry Act 2000**.\n\n(5) Despite anything to the contrary in this Act, the holder of a licence or permit granted under this section may transfer the licence or permit to another person or body at any time with the written consent of the Minister.\n\n(6) The Minister must not consent to a transfer under subsection (5) before consulting the Minister responsible for administering the **Electricity Industry Act 2000**.\n\n(7) Despite anything to the contrary in this Act, the Minister, after consulting the Minister responsible for administering the **Electricity Industry Act 2000**, may at any time vary or revoke a licence or permit granted under this section.\n\n(8) In this section—\n\n***offshore electricity transmission infrastructure*** means—\n\n(a) fixed or tethered infrastructure, within the meaning of the Offshore Electricity Infrastructure Act 2021 of the Commonwealth, that has the primary purpose of storing, transmitting or conveying electricity generated or obtained from wind or air flow, including but not limited to a cable that sits on the seabed;\n\n(b) any infrastructure, structure or installation that would be offshore electricity transmission infrastructure under paragraph (a) except that—\n\n(i) it is being constructed, installed or decommissioned;\n\n(ii) it has temporarily or accidentally ceased to be fixed or tethered infrastructure;\n\n(c) any infrastructure, structure or installation that—\n\n(i) receives, stores, transmits or distributes electricity; and\n\n(ii) is connected to any infrastructure, structure or installation described in paragraph (a) or (b).\n\nHeading preceding s. 57E inserted by No. 40/2009 s. 21.\n\nTour operator licences\n\nS. 57E inserted by No. 40/2009 s. 21.\n\n","sortOrder":50},{"sectionNumber":"57E","sectionType":"section","heading":"Offence to conduct organised tour or recreational activity on Crown land in reserved forest if unlicensed","content":"\t57E Offence to conduct organised tour or recreational activity on Crown land in reserved forest if unlicensed\n\n(1) A person must not conduct an organised tour or recreational activity for profit on Crown land in a reserved forest unless that person holds a tour operator licence.\n\nPenalty: In the case of a natural person, 20 penalty units;\n\nIn the case of a body corporate, 100 penalty units.\n\n(2) Subsection (1) does not apply to a person who conducts an activity on Crown land in a reserved forest and who holds a lease, licence (other than a tour operator licence) or permit under this Act or the regulations to conduct that particular activity.\n\n(3) On the recommendation of the Minister, the Governor in Council may, by Order published in the Government Gazette, exempt classes of persons from the requirement to hold a tour operator licence under subsection (1).\n\nS. 57F inserted by No. 40/2009 s. 21.\n\n","sortOrder":51},{"sectionNumber":"57F","sectionType":"section","heading":"Grant of tour operator licence","content":"\t57F Grant of tour operator licence\n\nS. 57F(1) amended by No. 19/2018 s. 119.\n\n(1) The land manager may grant a licence to a person to conduct an organised tour or recreational activity for profit on Crown land in a reserved forest to a person who has applied under section 57G.\n\nS. 57F(2) amended by No. 19/2018 s. 119.\n\n(2) The land manager may grant a licence under subsection (1) for a period not exceeding  \n10 years.\n\nS. 57F(3) inserted by No. 42/2021 s. 72.\n\n(3) On and from 1 July 2023, in relation to land in the Great Ocean Road coast and parks, a reference to a land manager in this section is a reference to the Great Ocean Road Coast and Parks Authority, regardless of whether or not the Great Ocean Road Coast and Parks Authority has been appointed as land manager.\n\nS. 57G inserted by No. 40/2009 s. 21.\n\n","sortOrder":52},{"sectionNumber":"57G","sectionType":"section","heading":"Application for tour operator licence","content":"\t57G Application for tour operator licence\n\nS. 57G(1) amended by No. 19/2018 s. 120.\n\n(1) A person may apply for a tour operator licence to the land manager in respect of the land on which the proposed tour or recreational activity is to take place.\n\n(2) An application under subsection (1) must be accompanied by the fee payable for the first year of the licence as determined in accordance with the regulations unless the regulations otherwise provide.\n\n(3) The fee paid by a person under subsection (2) must be refunded to the person if the person is not granted a tour operator licence under section 57F.\n\nS. 57G(4) inserted by No. 42/2021 s. 73.\n\n(4) On and from 1 July 2023, in relation to land in the Great Ocean Road coast and parks, a reference to a land manager in this section is a reference to the Great Ocean Road Coast and Parks Authority, regardless of whether or not the Great Ocean Road Coast and Parks Authority has been appointed as land manager.\n\nS. 57H inserted by No. 40/2009 s. 21.\n\n","sortOrder":53},{"sectionNumber":"57H","sectionType":"section","heading":"Requirement to pay annual licence fee after grant of tour operator licence","content":"\t57H Requirement to pay annual licence fee after grant of tour operator licence\n\n(1) If the regulations provide for the determination of an annual licence fee for a tour operator licence or a class of tour operator licence, the holder of such a licence must pay the fee determined in accordance with the regulations in respect of each year for which the licence is in force.\n\n(2) A licence fee to which subsection (1) applies is payable at the time specified in the regulations.\n\nS. 57I inserted by No. 40/2009 s. 21, amended by No. 42/2021 s. 74 (ILA s. 39B(1)).\n\n","sortOrder":54},{"sectionNumber":"57I","sectionType":"section","heading":"Tour operator licence conditions","content":"\t57I Tour operator licence conditions\n\n(1) A licence granted under section 57F is subject to—\n\nS. 57I(a) amended by No. 19/2018 s. 121.\n\n(a) any conditions, determined by the land manager, that are specified or referred to in the licence; and\n\n(b) any prescribed conditions.\n\nS. 57I(2) inserted by No. 42/2021 s. 74.\n\n(2) On and from 1 July 2023, in relation to land in the Great Ocean Road coast and parks, a reference to a land manager in this section is a reference to the Great Ocean Road Coast and Parks Authority, regardless of whether or not the Great Ocean Road Coast and Parks Authority has been appointed as land manager.\n\nS. 57J inserted by No. 40/2009 s. 21.\n\n","sortOrder":55},{"sectionNumber":"57J","sectionType":"section","heading":"Contravention of condition an offence","content":"\t57J Contravention of condition an offence\n\nThe holder of a tour operator licence must not contravene the conditions of the licence.\n\nPenalty: In the case of a natural person, 20 penalty units;\n\nIn the case of a body corporate, 100 penalty units.\n\nS. 57K inserted by No. 40/2009 s. 21.\n\n","sortOrder":56},{"sectionNumber":"57K","sectionType":"section","heading":"Variation of tour operator licence","content":"\t57K Variation of tour operator licence\n\nS. 57K(1) amended by No. 19/2018 s. 122(1).\n\n(1) The holder of a tour operator licence may apply to the land manager for a variation of the licence or a condition of the licence.\n\nS. 57K(2) amended by No. 19/2018 s. 122(1).\n\n(2) On receiving an application under subsection (1), the land manager may vary the licence or condition in accordance with the application.\n\nS. 57K(3) amended by No. 19/2018 s. 122(2).\n\n(3) A variation made by the land manager under subsection (2) has effect on the land manager giving written notice of the variation to the licence holder.\n\nS. 57K(4) amended by No. 19/2018 s. 122(3).\n\n(4) The land manager may vary a tour operator licence, or vary a condition of that licence, of the land manager's own motion if the land manager is of the opinion that a variation is required.\n\nS. 57K(5) amended by No. 19/2018 s. 122(2).\n\n(5) A variation made by the land manager under subsection (4) has effect on the land manager giving written notice of the variation to the licence holder.\n\nS. 57K(6) inserted by No. 42/2021 s. 75.\n\n(6) On and from 1 July 2023, in relation to land in the Great Ocean Road coast and parks, a reference to a land manager in this section is a reference to the Great Ocean Road Coast and Parks Authority, regardless of whether or not the Great Ocean Road Coast and Parks Authority has been appointed as land manager.\n\nS. 57L inserted by No. 40/2009 s. 21.\n\n","sortOrder":57},{"sectionNumber":"57L","sectionType":"section","heading":"Suspension of tour operator licence","content":"\t57L Suspension of tour operator licence\n\nS. 57L(1) amended by No. 19/2018 s. 123.\n\n(1) If the land manager is satisfied that there are reasonable grounds to do so, the land manager may suspend the tour operator licence by notice in writing given to the holder of the licence.\n\n(2) A suspension under this section has effect—\n\n(a) from the time specified in the notice under subsection (1), which must be no earlier than the day after the day the notice is given; and\n\n(b) subject to section 57M, for the period (not exceeding 90 days) specified in the notice.\n\n(3) In addition to the details required under subsection (2), a notice of suspension of licence given under subsection (1) must—\n\n(a) state that the holder of the tour operator licence may make submissions regarding the suspension under section 57M;\n\n(b) specify a date or period by which the submissions must be made.\n\nS. 57L(4) inserted by No. 42/2021 s. 76.\n\n(4) On and from 1 July 2023, in relation to land in the Great Ocean Road coast and parks, a reference to a land manager in this section is a reference to the Great Ocean Road Coast and Parks Authority, regardless of whether or not the Great Ocean Road Coast and Parks Authority has been appointed as land manager.\n\nS. 57M inserted by No. 40/2009 s. 21.\n\n","sortOrder":58},{"sectionNumber":"57M","sectionType":"section","heading":"Making submissions on suspension","content":"\t57M Making submissions on suspension\n\nS. 57M(1) amended by No. 19/2018 s. 124.\n\n(1) The holder of a tour operator licence whose licence has been suspended under section 57L may make written submissions in respect of that suspension to the land manager within the period specified in the notice of suspension of licence.\n\nS. 57M(2) amended by No. 19/2018 s. 124.\n\n(2) The land manager must review the decision to suspend the licence on receipt of any submissions made under subsection (1).\n\nS. 57M(3) amended by No. 19/2018 s. 124.\n\n(3) In carrying out a review under subsection (2), the land manager—\n\n(a) must have regard to the submissions made under subsection (1); and\n\n(b) may decide to continue, revoke or amend the suspension.\n\nS. 57M(4) amended by No. 19/2018 s. 124.\n\n(4) The land manager must notify the person whose licence has been suspended of the outcome of review.\n\nS. 57M(5) inserted by No. 42/2021 s. 77.\n\n(5) On and from 1 July 2023, in relation to land in the Great Ocean Road coast and parks, a reference to a land manager in this section is a reference to the Great Ocean Road Coast and Parks Authority, regardless of whether or not the Great Ocean Road Coast and Parks Authority has been appointed as land manager.\n\nS. 57N inserted by No. 40/2009 s. 21.\n\n","sortOrder":59},{"sectionNumber":"57N","sectionType":"section","heading":"Cancellation of tour operator licence","content":"\t57N Cancellation of tour operator licence\n\nS. 57N(1) amended by No. 19/2018 s. 125(1).\n\n(1) The land manager may cancel a tour operator licence if the land manager is satisfied on reasonable grounds that—\n\n(a) the holder of the licence has been found guilty of an offence against this Act or the regulations; or\n\n(b) the holder of the licence has contravened a condition of the licence.\n\nS. 57N(2) amended by No. 19/2018 s. 125(1).\n\n(2) Before cancelling a tour operator licence, the land manager must—\n\nS. 57N(2)(a) amended by No. 19/2018 s. 125(1).\n\n(a) notify the holder of the licence that the land manager proposes to cancel the licence; and\n\n(b) allow the holder of the licence an opportunity to make either oral or written submissions.\n\n(3) Submissions under subsection (2) must be made within the period specified in the notice.\n\nS. 57N(4) amended by No. 19/2018 s. 125(2).\n\n(4) In making a decision as to whether or not to cancel a tour operator licence, the land manager must—\n\n(a) have regard to any submissions made under subsection (2) within the period specified in the notice; and\n\nS. 57N(4)(b) amended by No. 19/2018 s. 125(3).\n\n(b) must notify the holder of the land manager's decision.\n\nS. 57N(5) amended by No. 19/2018 s. 125(4).\n\n(5) The cancellation of a licence has effect from the time specified in the notice of the land manager's decision under subsection (4), which must be after the day on which the notice is given.\n\nS. 57N(6) inserted by No. 42/2021 s. 78.\n\n(6) On and from 1 July 2023, in relation to land in the Great Ocean Road coast and parks, a reference to a land manager in this section is a reference to the Great Ocean Road Coast and Parks Authority, regardless of whether or not the Great Ocean Road Coast and Parks Authority has been appointed as land manager.\n\nHeading preceding s. 57NA inserted by No. 24/2024 s. 21.\n\nTimber in State forests\n\nS. 57NA inserted by No. 24/2024 s. 21.\n\n\t57NA Direction relating to certain activities under licence or permit\n\n(1) An authorised officer may give a direction to the holder, or a person acting on behalf of the holder, of a licence or permit granted under section 52 as to the conduct of an activity referred to in section 52(1A)(d) and specified in the licence or permit.\n\n(2) The holder, or a person acting on behalf of the holder, of a licence or permit granted under section 52 to whom a direction under subsection (1) is given must comply with the direction.\n\nS. 57NB inserted by No. 24/2024 s. 21.\n\n\t57NB Suspension of certain activities under licence or permit\n\nAn authorised officer may issue a notice to the holder, or a person acting on behalf of the holder, of a licence or permit granted under section 52 to suspend an activity referred to in section 52(1A)(d) and specified in the licence or permit if the authorised officer is of the opinion that—\n\n(a) a direction under section 57NA as to the conduct of the activity has not been complied with; and\n\n(b) continuation of the activity would cause—\n\n(i) imminent damage to the environment; or\n\n(ii) a serious risk to the safety of any person.\n\nS. 57NC inserted by No. 24/2024 s. 21.\n\n\t57NC Contents of suspension notice\n\nA suspension notice must—\n\n(a) state that the authorised officer is of the opinion that the activity that is the subject of a direction under section 57NA is causing or may cause—\n\n(i) imminent damage to the environment; or\n\n(ii) a serious risk to the safety of any person; and\n\n(b) state the reasons for that opinion; and\n\n(c) specify the activity which, in the authorised officer's opinion, involves or may involve the damage or risk and the matters which give or will give rise to the damage or risk.\n\nS. 57ND inserted by No. 24/2024 s. 21.\n\n\t57ND Notice may include direction\n\n(1) An authorised officer may include in a suspension notice directions as to the measures to be taken to remedy any damage, risk, matter or activity to which the notice relates.\n\n(2) Any direction under subsection (1) may—\n\n(a) refer to any Code of Practice within the meaning of the **Conservation, Forests and Lands Act 1987**; and\n\n(b) offer the person to whom it is issued a choice of ways in which to remedy the damage, risk, matter or activity.\n\nS. 57NE inserted by No. 24/2024 s. 21.\n\n\t57NE Expiry of suspension notice once matter remedied\n\n(1) Subject to sections 57NA to 57NH, if the damage, risk, matter or activity to which a suspension notice relates is remedied to the satisfaction of an authorised officer, the authorised officer may issue a notification in writing that the authorised officer is so satisfied to the person to whom the suspension notice was issued.\n\n(2) A suspension notice expires on notification being issued under subsection (1).\n\nS. 57NF inserted by No. 24/2024 s. 21.\n\n\t57NF Offence not to comply with suspension notice\n\nA person to whom a suspension notice is issued in relation to which an appeal has not been made under section 57NG must comply with that notice.\n\nS. 57NG inserted by No. 24/2024 s. 21.\n\n\t57NG Appeal against suspension notice\n\n(1) If a holder, or a person acting on behalf of a holder, of a licence or permit granted under section 52 is issued with a suspension notice, the holder of the licence or permit may appeal against the notice to the Magistrates' Court.\n\n(2) An appeal under subsection (1) must be—\n\n(a) in writing; and\n\n(b) made within 7 days after a suspension notice is issued.\n\n(3) The Magistrates' Court must inquire into the circumstances relating to the notice and may—\n\n(a) affirm the notice; or\n\n(b) affirm the notice with such modifications as it thinks fit; or\n\n(c) cancel the notice.\n\n(4) Subject to any order to the contrary made by the Magistrates' Court, the operation of the suspension notice continues pending the decision of the Magistrates' Court under subsection (3).\n\n(5) If the Magistrates' Court affirms the suspension notice or affirms the suspension notice with modifications, the person to whom the suspension notice is issued must comply with the suspension notice as so affirmed.\n\nS. 57NH inserted by No. 24/2024 s. 21.\n\n\t57NH Occupational Health and Safety Act 2004 prevails\n\nNothing in sections 57NA to 57NG affects the operation of the **Occupational Health and Safety Act 2004** and, to the extent that there is any conflict or inconsistency with the provisions of the **Occupational Health and Safety Act 2004**, that Act prevails.\n\nHeading preceding s. 57O inserted by No. 46/2012 s. 5.\n\nCutting or taking away fallen or felled trees for  \ndomestic use as firewood\n\nS. 57O inserted by No. 46/2012 s. 5.\n\n","sortOrder":60},{"sectionNumber":"57O","sectionType":"section","heading":"Definitions","content":"\t57O Definitions\n\nIn sections 57P to 57ZF—\n\n***nominating person***  means a person who—\n\n(a) in accordance with section 57R nominates another person to cut and take away fallen or felled trees; or\n\n(b) in accordance with section 21M of the **Crown Land (Reserves) Act 1978** nominates another person to cut and take away fallen or felled trees;\n\n***nominee*** means a person nominated—\n\n(a) in accordance with section 57R to cut and take away fallen or felled trees on behalf of the nominating person; or\n\n(b) in accordance with section 21M of the **Crown Land (Reserves) Act 1978** to cut and take away fallen or felled trees on behalf of the nominating person.\n\nS. 57P inserted by No. 46/2012 s. 5, repealed by No. 24/2024 s. 47.\n\nS. 57Q inserted by No. 46/2012 s. 5.\n\n","sortOrder":61},{"sectionNumber":"57Q","sectionType":"section","heading":"Offence to cut or take away fallen or felled trees outside firewood collection area and season","content":"\t57Q Offence to cut or take away fallen or felled trees outside firewood collection area and season\n\n(1) A person must not cut or take away 2 cubic metres or less of fallen or felled trees in State forest.\n\n(2) A person must not cut or take away more than 2 cubic metres of fallen or felled trees in State forest.\n\n(3) Subsections (1) and (2) do not apply to a person who—\n\n(a) cuts or takes away fallen or felled trees in State forest in accordance with a lease, licence, permit or authorisation held by the person under this Act or any other Act; or\n\n(b) cuts or takes away fallen or felled trees in State forest in accordance with the regulations or regulations under any other Act.\n\n(4) Subsections (1) and (2) do not apply to a person who cuts or takes away fallen or felled trees if—\n\n(a) the person cuts or takes away the fallen or felled trees—\n\n(i) in a firewood collection area; and\n\n(ii) during a firewood collection season applying to that area; and\n\n(b) the person cuts or takes away the fallen or felled trees for domestic use as firewood in the person's household or in a nominating person's household.\n\nS. 57Q(5) amended by No. 4/2013 s. 33(2), repealed by No. 67/2016 s. 31(2).\n\nS. 57R inserted by No. 46/2012 s. 5.\n\n","sortOrder":62},{"sectionNumber":"57R","sectionType":"section","heading":"Person may nominate another to cut and take away fallen or felled trees for firewood","content":"\t57R Person may nominate another to cut and take away fallen or felled trees for firewood\n\n(1) A person who is unable to cut and take away fallen or felled trees may nominate another person to cut and take away fallen or felled trees on his or her behalf.\n\n(2) A nomination under subsection (1) must—\n\n(a) be made in the prescribed form; and\n\n(b) specify the maximum amount (not exceeding 16 cubic metres) of fallen or felled trees that may be cut and taken away by the nominee in a financial year.\n\n(3) A person must not specify a maximum amount of fallen or felled trees in a nomination if that amount would exceed 16 cubic metres for a financial year when added to all maximum amounts specified in—\n\n(a) any other nominations made by the person, whether under this section or section 21M of the **Crown Land (Reserves) Act 1978**; and\n\n(b) any nominations made by members of the person's household, whether under this section or section 21M of the **Crown Land (Reserves) Act 1978**.\n\n(4) A person must not nominate another person to cut and take away fallen or felled trees other than for domestic use as firewood in the nominating person's household.\n\n(5) A person nominated to cut and take away fallen or felled trees must not request or accept payment or reward for the cutting and taking away of fallen or felled trees.\n\nS. 57S inserted by No. 46/2012 s. 5.\n\n","sortOrder":63},{"sectionNumber":"57S","sectionType":"section","heading":"Firewood collection season","content":"\t57S Firewood collection season\n\nSubject to section 57T, the following firewood collection seasons apply in each financial year to a firewood collection area—\n\n(a) the period commencing on 1 September and ending on 30 November; and\n\n(b) the period commencing on 1 March and ending on 30 June.\n\nS. 57T inserted by No. 46/2012 s. 5.\n\n","sortOrder":64},{"sectionNumber":"57T","sectionType":"section","heading":"Secretary may vary firewood collection season","content":"\t57T Secretary may vary firewood collection season\n\n(1) The Secretary may make a determination varying the commencement date or end date of a firewood collection season in a particular financial year as it applies to—\n\n(a) all firewood collection areas; or\n\n(b) all firewood collection areas located in a specified region of the State.\n\n(2) The Secretary must not make a determination under subsection (1) unless the Secretary considers the variation is necessary because of a condition, or likely condition, of fire danger that poses risk, or is likely to pose risk, to public safety.\n\n(3) A determination varying a firewood collection season must be published in the Government Gazette.\n\n(4) A determination varying a firewood collection season comes into operation on—\n\n(a) the date on which it is published in the Government Gazette; or\n\n(b) any later date specified in the determination.\n\nS. 57U inserted by No. 46/2012 s. 5.\n\n","sortOrder":65},{"sectionNumber":"57U","sectionType":"section","heading":"Secretary may determine firewood collection areas","content":"\t57U Secretary may determine firewood collection areas\n\n(1) The Secretary may determine an area of State forest to be a firewood collection area.\n\n(2) A determination under subsection (1) must identify the area of State forest to which it applies by reference to a plan lodged in the Central Plan Office.\n\n(3) For the purposes of subsection (2), the determination may apply, adopt or incorporate any matter contained in any document formulated, issued, prescribed or published by any person, whether—\n\n(a) wholly or partly; or\n\n(b) as formulated, issued, prescribed or published at the time the determination was made or at any time before that time.\n\n(4) If the Secretary is satisfied that it is necessary for management of the supply of fallen or felled trees for domestic use as firewood in a region of the State, a determination of a firewood collection area located in that region may specify a class or classes of persons who may, or whose nominees may, cut and take away fallen or felled trees in that firewood collection area.\n\n(5) The Secretary may—\n\n(a) amend a determination made under subsection (1);\n\n(b) revoke a determination made under subsection (1), including by providing for a date of revocation in the determination.\n\n(6) A determination of a firewood collection area, or an amendment or revocation of a determination, must be published in the Government Gazette.\n\n(7) A determination of a firewood collection area, or an amendment or revocation of a determination, comes into operation on—\n\n(a) the date on which it is published in the Government Gazette; or\n\n(b) any later date specified in the determination.\n\nS. 57V inserted by No. 46/2012 s. 5.\n\n","sortOrder":66},{"sectionNumber":"57V","sectionType":"section","heading":"Identification of firewood collection areas","content":"\t57V Identification of firewood collection areas\n\n(1) As soon as practicable after a determination made under section 57U(1) comes into operation, the Secretary must cause signs or notices informing the public of the determination to be displayed at the firewood collection area in such a place and manner that the signs or notices are reasonably likely to be seen by any person entering the area.\n\n(2) As soon as practicable after an amendment of a determination made under section 57U(1) comes into operation, the Secretary must cause the signs or notices displayed at the firewood collection area to be amended.\n\n(3) As soon as practicable after a determination made under section 57U(1) is revoked, the Secretary must cause the removal of signs or notices displayed at the firewood collection area.\n\n(4) If the determination specifies a class or classes of person who may cut and take away, or whose nominees may cut and take away, fallen or felled trees in a firewood collection area, the signs or notices must include that information.\n\n(5) If the firewood collection area is located in a region to which a determination under section 57ZA(1) applies, the signs or notices must state the maximum amount of fallen or felled trees that may be cut and taken away in a financial year in firewood collection areas in that region for domestic use as firewood in a household.\n\nS. 57W inserted by No. 46/2012 s. 5.\n\n\t57W Offence to cut or take away fallen or felled trees in firewood collection area unless a class member or nominated by class member\n\n(1) If a determination of a firewood collection area under section 57U specifies a class or classes of persons who may cut and take away fallen or felled trees in that area, a person must not, in that area during a firewood collection season, cut or take away 2 cubic metres or less of fallen or felled trees unless—\n\n(a) the person is a member of a class specified in the determination; or\n\n(b) the person is a nominee and the nominating person is a member of a class specified in the determination.\n\n(2) If a determination of a firewood collection area under section 57U specifies a class or classes of persons who may cut and take away fallen or felled trees in that area, a person must not, in that area during a firewood collection season, cut or take away more than 2 cubic metres of fallen or felled trees unless—\n\n(a) the person is a member of a class specified in the determination; or\n\n(b) the person is a nominee and the nominating person is a member of a class specified in the determination.\n\nS. 57X inserted by No. 46/2012 s. 5.\n\n","sortOrder":67},{"sectionNumber":"57X","sectionType":"section","heading":"Offences as to amount of fallen or felled trees cut or taken away in a day","content":"\t57X Offences as to amount of fallen or felled trees cut or taken away in a day\n\n(1) A person must not, in any one or more firewood collection areas during a firewood collection season applying to the area or areas, cut or take away more than 2 cubic metres but less than 4 cubic metres of fallen or felled trees in a day.\n\n(2) A person must not, in any one or more firewood collection areas during a firewood collection season applying to the area or areas, cut or take away 4 cubic metres or more of fallen or felled trees in a day.\n\n(3) Subsections (1) and (2) apply whether or not the person cuts or takes away fallen or felled trees as a nominee.\n\n(4) In this section and sections 57Y to 57ZB—\n\n***firewood collection area*** includes a firewood collection area determined under section 21P of the **Crown Land (Reserves) Act 1978**;\n\n***firewood collection season*** includes a firewood collection season within the meaning of the **Crown Land (Reserves) Act 1978**.\n\nS. 57Y inserted by No. 46/2012 s. 5.\n\n","sortOrder":68},{"sectionNumber":"57Y","sectionType":"section","heading":"Household limit of fallen or felled trees cut or taken away in a financial year","content":"\t57Y Household limit of fallen or felled trees cut or taken away in a financial year\n\nIn a financial year, a person must not, in any one or more firewood collection areas during firewood collection seasons applying to the area or areas, cut or take away fallen or felled trees for domestic use as firewood in that person's household if the amount of fallen or felled trees previously cut or taken away (or nominated to be cut and taken away by nominees) in that financial year in any one or more firewood collection areas during firewood collection seasons applying to the area or areas for domestic use as firewood in that person's household is 16 cubic metres or more.\n\nS. 57Z inserted by No. 46/2012 s. 5.\n\n","sortOrder":69},{"sectionNumber":"57Z","sectionType":"section","heading":"Household limit of fallen or felled trees cut and taken away in a financial year—offences relating to nominations","content":"\t57Z Household limit of fallen or felled trees cut and taken away in a financial year—offences relating to nominations\n\n(1) In a financial year, a person must not nominate another person under section 57R to cut or take away fallen or felled trees for domestic use as firewood in that person's household if the amount of fallen or felled trees previously cut or taken away (or nominated to be cut and taken away by nominees) in that financial year in any one or more firewood collection areas during firewood collection seasons applying to the area or areas for domestic use as firewood in that person's household is 16 cubic metres or more.\n\n(2) In a financial year, a nominating person must not specify in a nomination under section 57R an amount of fallen or felled trees that, when added to the amount of fallen or felled trees previously cut or taken away (or nominated to be cut and taken away by nominees) in that financial year in any one or more firewood collection areas during firewood collection seasons applying to the area or areas for domestic use as firewood in that person's household would exceed 16 cubic metres.\n\n(3) In a financial year, a nominee must not in any one or more firewood collection areas during firewood collection seasons applying to the area or areas, cut or take away fallen or felled trees for domestic use as firewood in the nominating person's household if, in that financial year, the nominee has previously cut or taken away the amount of fallen or felled trees specified as the maximum amount in the nomination under section 57R.\n\nS. 57ZA inserted by No. 46/2012 s. 5.\n\n\t57ZA Secretary may determine amount of fallen or felled trees cut and taken away in certain regions\n\n(1) The Secretary may determine the amount of fallen or felled trees that, in any financial year, may be cut and taken away in any one or more firewood collection areas in a region for domestic use as firewood in a household.\n\n(2) Before making a determination setting the amount, the Secretary must be satisfied that the determination is necessary for management of the supply of fallen or felled trees for domestic use as firewood in the region.\n\n(3) A determination under subsection (1) must specify—\n\n(a) the region in which it applies; and\n\n(b) the amount (being less than 16 cubic metres) of fallen or felled trees that may be cut and taken away in firewood collection areas in that region for domestic use as firewood in a financial year.\n\n(4) The Secretary must not make a determination under subsection (1) relating to a financial year after the commencement of a firewood collection season in that financial year.\n\n(5) A determination under subsection (1) must be published in the Government Gazette.\n\nS. 57ZB inserted by No. 46/2012 s. 5.\n\n\t57ZB Offence to exceed regional limit\n\n(1) In a financial year, a person must not in any one or more firewood collection areas to which a determination under section 57ZA(1) applies during firewood collection seasons applying to the area or areas, cut or take away fallen or felled trees for domestic use as firewood in that person's household if, in that financial year, the amount of fallen or felled trees previously cut or taken away in the area or areas during firewood collection seasons applying to the area or areas for domestic use as firewood in that person's household has reached at least the limit set in the determination under section 57ZA(1).\n\n(2) In a financial year, a nominee must not in any one or more firewood collection areas to which a determination under section 57ZA(1) applies during firewood collection seasons applying to the area or areas, cut or take away fallen or felled trees for domestic use as firewood in the nominating person's household if, in that financial year, the amount of fallen or felled trees previously cut or taken away by the nominee in the area or areas during firewood collection seasons applying to the area or areas for domestic use as firewood in the nominating person's household has reached at least the limit of fallen or felled trees set in the determination under section 57ZA(1).\n\nS. 57ZC inserted by No. 46/2012 s. 5.\n\n\t57ZC Offence as to sale of fallen or felled trees\n\n(1) A person must not sell fallen or felled trees that the person has cut or taken away in a firewood collection area during a firewood collection season.\n\n(2) A nominating person must not sell fallen or felled trees that that person's nominee has cut or taken away in a firewood collection area during a firewood collection season.\n\nS. 57ZD inserted by No. 46/2012 s. 5.\n\n\t57ZD Offences relating to conduct in a firewood collection area\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 that are visibly hollow.\n\n(2) A person must not, in a firewood collection area during a firewood collection season, cut or take away fallen or felled trees growing moss or fungi.\n\n(3) A person must not, in a firewood collection area during a firewood collection season, fell, cut, chop, break off, dent, scrape or push over a standing tree (whether living or dead) that has a diameter of up to 15 centimetres at a height of 1·3 metres above the ground.\n\nPenalty: 50 penalty units.\n\n(4) A person must not, in a firewood collection area during a firewood collection season, fell, cut, chop, break off, dent, scrape or push over a standing tree (whether living or dead) that has a diameter of 15 centimetres or more at a height of 1·3 metres above the ground.\n\nS. 57ZE inserted by No. 46/2012 s. 5.\n\n\t57ZE Production of nomination if requested by authorised officer\n\nA nominee must not, without reasonable excuse, fail to produce the nomination form if requested by an authorised officer.\n\nPenalty: 5 penalty units.\n\nS. 57ZF inserted by No. 46/2012 s. 5,  \namended by No. 67/2016 s. 31(3)(a).\n\n\t57ZF No offence if authorised by licence or authorisation etc. or regulations\n\nSections 57W, 57X, 57Y, 57ZB, 57ZC and 57ZD do not apply to a person who—\n\n(a) cuts or takes away fallen or felled trees in State forest in accordance with a lease, licence, permit or authorisation held by the person under this Act or any other Act; or\n\n(b) cuts or takes away fallen or felled trees in State forest in accordance with the regulations or regulations under any other Act.\n\nS. 57ZF(2) amended by No. 4/2013 s. 33(3), repealed by No. 67/2016 s. 31(3)(b).\n\nProtected forests\n\nNo. 6073 s. 58.\n\n","sortOrder":70},{"sectionNumber":"58","sectionType":"section","heading":"Proclamation of protected forests","content":"\t58 Proclamation of protected forests\n\nS. 58(1) amended by No. 10087 s. 3(1)(Sch. 1 item 87(a)).\n\n(1) The Minister may at any time proclaim any unoccupied Crown land to be a protected forest and may at any time alter or revoke any such proclamation.\n\n(2) Such proclamation or alteration or revocation shall have no force or effect until published in the Government Gazette.\n\nS. 58(3) amended by Nos 10087 s. 3(1)(Sch. 1 item 87(a)), 41/1987 s. 103(Sch. 4 item 24.60), 76/1998  \ns. 10(1)(o), substituted by No. 19/2018 s. 126.\n\n(3) Subject to any leases or licences granted under any Act relating to Crown lands—\n\nS. 58(3)(a) amended by No. 42/2021 s. 79(1)(a).\n\n(a) for protected forest that is Parks Victoria recorded land or land controlled and managed by the Great Ocean Road Coast and Parks Authority—\n\nS. 58(3)(a)(i) amended by No. 42/2021 s. 79(1)(b).\n\n(i) all forest produce other than fallen or felled trees in a firewood collection area is under the control and management of Parks Victoria or the Great Ocean Road Coast and Parks Authority (as the case may be); and\n\n(ii) forest produce that is fallen or felled trees in a firewood collection area is under the control and management of the Secretary; and\n\n(b) for all other protected forest, all forest produce is under the control and management of the Secretary.\n\nS. 58(3A) inserted by No. 19/2018 s. 126.\n\n(3A) Subject to subsection (3), Crown land in a protected forest—\n\n(a) that is Parks Victoria recorded land, is subject to the control and management of Parks Victoria; and\n\nS. 58(3A)(b) amended by No. 42/2021 s. 79(2).\n\n(b) that is not Parks Victoria recorded land, or land controlled and managed by the Great Ocean Road Coast and Parks Authority is subject to the control and management of, as the case requires—\n\n(i) the Minister administering the **Land Act 1958**; or\n\n(ii) the Minister administering the **Crown Land (Reserves) Act 1978**; or\n\n(iii) another other person or body who has the control and management of the land under this Act, the **Crown Land (Reserves) Act 1978** or any other Act.\n\nS. 58(4)(a) amended by Nos 10087 s. 3(1)(Sch. 1 item 87(b)), 41/1987 s. 103(Sch. 4 item 24.60), 76/1998  \n\n(4) (a) Any specified area of a protected forest may by Order of the Governor in Council on the recommendation of the Minister be placed under the administration control and management of the Secretary for a specified period.\n\nS. 58(4)(b) amended by Nos 41/1987 s. 103(Sch. 4 item 24.60), 76/1998  \n\n(b) During such period the Secretary shall have the control and management of and be responsible for the forest produce in such specified area.\n\nS. 58(4)(c) amended by No. 10087 s. 3(1)(Sch. 1 item 87(c)).\n\n(c) In every other respect except as otherwise provided all Crown land within such area shall be subject to the control of the Minister administering the **Land Act 1958**.\n\nS. 58(4)(d) amended by No. 10087 s. 3(1)(Sch. 1 item 87(d)).\n\n(d) The Governor in Council on the recommendation of the Minister may at any time revoke either wholly or partly any Order made under this subsection.\n\nS. 58(5) amended by No. 96/1994 s. 55(c).\n\n(5) In this section and any corresponding previous enactment and in any proclamation or declaration made under this section or any corresponding previous enactment any reference to unoccupied Crown land shall be deemed to include and always to have included a reference to Crown lands in respect of which any grazing licence or an agricultural licence has or had been granted pursuant to Division eight of Part I of the **Land Act 1958** or any corresponding previous enactment.\n\nS. 58(6) inserted by No. 48/2004 s. 111(1), repealed by No. 24/2024 s. 48.\n\nNo. 6073 s. 59.\n\n","sortOrder":71},{"sectionNumber":"59","sectionType":"section","heading":"Protected trees in protected forests","content":"\t59 Protected trees in protected forests\n\nS. 59(1) amended by Nos 41/1987 s. 103(Sch. 4 items 24.61, 24.62), 76/1998  \n\n(1) No person shall fell girdle ringbark injure destroy or remove any growing tree or any timber in any protected forest without a permit in writing from the Secretary.\n\nS. 59(1A) inserted by No. 48/2004 s. 111(2), repealed by No. 24/2024 s. 49.\n\nS. 59(1B) inserted by No. 46/2012 s. 6, amended by No. 4/2013 s. 33(4), repealed by No. 67/2016 s. 31(2).\n\nS. 59(1C) inserted by No. 46/2012 s. 6.\n\n(1C) Subsection (1) does not apply to a person who cuts or takes away fallen or felled trees in accordance with section 57Q(4).\n\n(2) Nothing in this section shall prohibit any person in authorized occupation under any Act relating to Crown lands under any lease or licence of or any permit with respect to any area of protected forest from using in accordance with his lease licence or permit any timber which is necessary for fencing such area or for the domestic use of such person and the members of his household.\n\nS. 59(3) repealed by No. 45/2009 s. 10.\n\nNo. 6073 s. 60.\n\n","sortOrder":72},{"sectionNumber":"60","sectionType":"section","heading":"Reserved trees in protected forests","content":"\t60 Reserved trees in protected forests\n\nThe Governor in Council may by Order published in the Government Gazette declare that any tree or kind or class of trees growing in any forest and mentioned in such order shall be a reserved tree or reserved kind or class of trees.\n\nNo. 6073 s. 61.\n\nS. 61 amended by No. 45/2009 s. 11.\n\n","sortOrder":73},{"sectionNumber":"61","sectionType":"section","heading":"Penalty for cutting reserved trees","content":"\t61 Penalty for cutting reserved trees\n\nEvery person who fells cuts destroys injures or removes any tree which is so reserved or which belongs to any kind or class of trees so reserved in any forest shall be guilty of an offence against this Act.\n\nPrevention of and protection from fire\n\nS. 61A inserted by No. 73/2010 s. 50, amended by Nos 70/2013 s. 4(Sch. 2 item 20.3), 41/2025 s. 4(Sch. 2 item 14.2).\n\n","sortOrder":74},{"sectionNumber":"61A","sectionType":"section","heading":"Chief Fire Officer","content":"\t61A Chief Fire Officer\n\nThere is to be a Chief Fire Officer of the Department of Energy, Environment and Climate Action employed under Part 3 of the **Public Administration Act 2004**.\n\nS. 61B inserted by No. 73/2010 s. 50, amended by Nos 70/2013 s. 4(Sch. 2 item 20.4), 41/2025 s. 4(Sch. 2 item 14.3).\n\n","sortOrder":75},{"sectionNumber":"61B","sectionType":"section","heading":"Functions of Chief Fire Officer","content":"\t61B Functions of Chief Fire Officer\n\nThe Chief Fire Officer of the Department of Energy, Environment and Climate Action has the following functions—\n\n(a) to exercise any functions authorised by the Secretary in respect of fire related activities in every State forest, national park or on protected public land;\n\n(b) any other function conferred on the Chief Fire Officer by or under this or any other Act.\n\nS. 61C inserted by No. 73/2010 s. 50.\n\n","sortOrder":76},{"sectionNumber":"61C","sectionType":"section","heading":"Immunity","content":"\t61C Immunity\n\nS. 61C(1) amended by Nos 70/2013 s. 4(Sch. 2 item 20.5), 41/2025 s. 4(Sch. 2 item 14.4).\n\n(1) The Chief Fire Officer of the Department of Energy, Environment and Climate Action is not personally liable for any thing done or omitted to be done in good faith—\n\n(a) in the exercise of a power or the discharge of a duty under this Act or the regulations or any other Act or regulations made under that Act; or\n\n(b) in the reasonable belief that the act or omission was in the exercise of a power or the discharge of a duty under this Act or the regulations or any other Act or regulations made under that Act.\n\nS. 61C(2) amended by Nos 70/2013 s. 4(Sch. 2 item 20.5), 41/2025 s. 4(Sch. 2 item 14.4).\n\n(2) Any liability resulting from an act or omission that would but for subsection (1) attach to the Chief Fire Officer of the Department of Energy, Environment and Climate Action attaches to the Secretary.\n\nS. 61D inserted by No. 73/2010 s. 50, substituted by No. 73/2013 s. 86 (as amended by No. 41/2014 s. 14).\n\n","sortOrder":77},{"sectionNumber":"61D","sectionType":"section","heading":"Emergency Management Victoria","content":"\t61D Emergency Management Victoria\n\nThe Secretary must, in performing its functions and exercising its powers under section 62(2)(a), collaborate and consult with Emergency Management Victoria.\n\nS. 61E inserted by No. 73/2010 s. 50, substituted by No. 73/2013 s. 86 (as amended by No. 41/2014 s. 14).\n\n","sortOrder":78},{"sectionNumber":"61E","sectionType":"section","heading":"Compliance with operational standards of Emergency Management Commissioner","content":"\t61E Compliance with operational standards of Emergency Management Commissioner\n\nThe Secretary must use its best endeavours to carry out its functions in accordance with the operational standards developed by the Emergency Management Commissioner under the **Emergency Management Act 2013**.\n\nS. 61EA inserted by No. 73/2013 s. 86 (as amended by No. 41/2014 s. 14).\n\n\t61EA Report on compliance with operational standards developed by the Emergency Management Commissioner\n\n(1) The Secretary must, at the expiration of each period of 6 months, report in writing on the action it has taken during the preceding 6 months to comply with the operational standards developed by the Emergency Management Commissioner under the **Emergency Management Act 2013**.\n\n(2) A copy of the report prepared by the Secretary under subsection (1) must be given to the Emergency Management Commissioner.\n\nS. 61EB inserted by No. 73/2013 s. 86 (as amended by No. 41/2014 s. 14).\n\n\t61EB Strategic Action Plan\n\n(1) The Secretary must implement the applicable work program to give effect to the Strategic Action Plan.\n\n(2) The Secretary must prepare a written report on the progress made, and achievements attained, by the Secretary to give effect to the Strategic Action Plan at intervals determined by the State Crisis and Resilience Council.\n\n(3) The intervals must not be less than one a year.\n\n(4) The Secretary must give a copy of a report prepared by the Secretary under subsection (2) to the State Crisis and Resilience Council and the Inspector-General for Emergency Management.\n\nS. 61F inserted by No. 73/2010 s. 50.\n\n\t61F Compliance with incident management operating procedures\n\nThe Secretary must comply with any incident management operating procedures.\n\nS. 62 substituted by No. 8587 s. 7.\n\n\t62 Declaration of protected public lands\n\nS. 62(1) amended by No. 10087 s. 3(1)(Sch. 1 item 88).\n\n(1) On the recommendation of the Minister the Governor in Council may by Order published in the Government Gazette declare any lands of the Crown not being within a State forest or a national park to be protected public land and may by the like Order revoke or vary any Order so made.\n\nS. 62(1A) inserted by No. 9114 s. 22(b).\n\n(1A) Where—\n\nS. 62(1A)(a) repealed by No. 64/2004 s. 35.\n\nS. 62(1A)(b) amended by Nos 10073 s. 15, 41/1987 s. 116(9), 66/2000 s. 55(a), 19/2018 s. 127(1), 42/2021 s. 80(a).\n\n(b) the land is being managed by Parks Victoria or the Great Ocean Road Coast and Parks Authority pursuant to an agreement under section 19A or 19C of the **National Parks Act 1975**, the land shall be deemed to be protected public land;\n\nS. 62(1A)(c) inserted by No. 9247 s. 17, amended by Nos 10166 s. 22(a)(b), 46/1998  \ns. 7(Sch. 1), 66/2000 s. 55(b)(i)(ii), 19/2018 s. 127(2), 42/2021 s. 80(b).\n\n(c) the land is being managed by Parks Victoria or the Great Ocean Road Coast and Parks Authority pursuant to section 19AA, 19E or 32AA of the **National Parks Act 1975**, the land shall be deemed to be protected public land for as long as Parks Victoria or the Great Ocean Road Coast and Parks Authority manages the land pursuant to section 19AA, 19E or 32AA (as the case requires);\n\nS. 62(1A)(d) inserted by No. 9247 s. 17, amended by No. 41/1987 s. 116(9), substituted by Nos 66/2000 s. 55(c), 50/2002 s. 27, amended by No. 60/2005 s. 36, substituted by No. 19/2018 s. 127(3).\n\n(d) the land is placed under the control and management of—\n\nS. 62  \n(1A)(d)(iaa) inserted by No. 47/2025 s. 27(a).\n\n(iaa) Parks Victoria by an Order made under section 18(1) of the **Crown Land (Reserves) Act 1978**; or\n\nS. 62(1A)(d)(i) amended by No. 47/2025 s. 27(b).\n\n(i) Parks Victoria under section 18(1A) of the **Crown Land (Reserves) Act 1978** for the purposes of section 19B of the **National Parks Act 1975**—\n\nS. 62(1A)(d)(ii) repealed by No. 47/2025 s. 27(c).\n\nS. 62(1A)(d)(iii) amended by No. 42/2021 s. 80(c), repealed by No. 47/2025 s. 27(c).\n\nthe land is taken to be protected public land;\n\nS. 62(1A)(e) inserted by No. 9974 s. 43, amended by No. 61/1993 s. 34(c), substituted by No. 89/1997  \ns. 72(1), amended by Nos 9/2022 s. 42, 13/2024 s. 3(Sch. 1 item 5).\n\n(e) the land is under the control and management of Alpine Resorts Victoria within the meaning of the **Alpine Resorts (Management) Act 1997**, the land shall be deemed to be protected public land for so long as Alpine Resorts Victoria manages the land.\n\nS. 62(1A)(f) inserted by No. 61/1993 s. 34(c), repealed by No. 35/1998 s. 15(2).\n\nS. 62(1B) inserted by No. 96/1994 s. 53, repealed by No. 89/1997 s. 72(2).\n\nS. 62(2) amended by Nos 41/1987 s. 103(Sch. 4 item 24.63), 76/1998  \ns. 10(1)(o), substituted by No. 73/2010 s. 51.\n\n(2) Despite anything to the contrary in any other Act or law, the Secretary must carry out proper and sufficient work in State forests, national parks and on protected public land—\n\n(a) for the immediate prevention and suppression of fire; and\n\n(b) for the planned prevention of fire.\n\nS. 62(3) inserted by No. 73/2010 s. 51, substituted by No. 7/2012 s. 25.\n\n(3) The Secretary must not carry out work of a kind specified under subsection (2)(b) on protected public land not managed and controlled by the Secretary, unless the Secretary has consulted about the work proposed to be undertaken with the person or body responsible, under the Act under which the land is managed and controlled, for the management and control of the land.\n\nS. 62AA inserted by No. 73/2010 s. 52.\n\n\t62AA Duty to warn the community\n\n(1) The Secretary must issue warnings and provide information in relation to fires in State forests, national parks and on protected public land if—\n\nS. 62AA(1)(a) repealed by No. 73/2013 s. 87(a).\n\n(b) the Secretary considers that the issuing of warnings or the provision of information is necessary for the purposes of protecting life and property.\n\nS. 62AA(2) amended by No. 73/2013 s. 87(b).\n\n(2) The Secretary must have regard to any guidelines, procedures or operating protocols issued by the Emergency Management Commissioner under section 44 of the **Emergency Management Act 2013** for the purposes of carrying out a duty under subsection (1).\n\nS. 62A inserted by No. 48/2004 s. 112.\n\n\t62A Secretary may apply and use fire for land and resource management\n\n(1) Subject to this Act, the Secretary may, in a State forest or national park, or on protected public land, apply and use fire for the following purposes—\n\n(a) as part of silvicultural activities undertaken in the State forest or on protected public land;\n\n(b) to control pest animals and pest plants in the State forest, national park or on protected public land;\n\n(c) to maintain, manage, protect or enhance the ecology of, or land or vegetation in, the State forest, national park or on protected public land.\n\n(2) In applying and using fire in a State forest or national park, or on protected public land, the Secretary must have regard to any relevant Code of Practice.\n\nS. 62B inserted by No. 48/2004 s. 112.\n\n\t62B Agreement required for Secretary to apply or use fire in national parks or on protected public land\n\nThe Secretary must not apply or use fire in a national park or on protected public land for any purpose set out in section 62A(1) unless the person or body that has management and control of the national park or protected public land agrees to its application or use.\n\nS. 62C (Heading) amended by No. 19/2018 s. 128(1).\n\nS. 62C inserted by No. 48/2004 s. 112, amended by No. 35/2020 s. 51 (ILA s. 39B(1)).\n\n\t62C Secretary may enter into agreements and arrangements relating to the prevention and suppression of fires and recovery from fires\n\n(1) The Secretary may enter into an agreement or arrangement with any person or body in Victoria or elsewhere—\n\nS. 62C(a) amended by No. 19/2018 s. 128(2).\n\n(a) for assistance in the prevention and suppression of fire and recovery from fire;\n\nS. 62C(b) amended by No. 19/2018 s. 128(2).\n\n(b) relating to research into the prevention and suppression of fire and recovery from fire;\n\nS. 62C(c) amended by No. 19/2018 s. 128(2).\n\n(c) for training in relation to the prevention and suppression of fire and recovery from fire;\n\nS. 62C(d) amended by No. 19/2018 s. 128(2).\n\n(d) for the supply of fire fighting equipment and apparatus and systems used in the prevention and suppression of fire and recovery from fire;\n\nS. 62C(e) amended by No. 19/2018 s. 128(2).\n\n(e) for the provision by the Secretary of goods or services relating to the prevention and suppression of fire and recovery from fire.\n\nS. 62C(2) inserted by No. 35/2020 s. 51.\n\n(2) The Secretary may enter into an agreement or arrangement with Fire Rescue Victoria to enable any specified person, in the circumstances specified in the agreement or arrangement—\n\n(a) to exercise under section 32B(3)(a), (c), (d) and (e) of the **Fire Rescue Victoria Act 1958** the powers of a senior member of the operational staff in relation to the scene of an alarm of fire in the Fire Rescue Victoria fire district, to the extent authorised by the agreement or arrangement; and\n\n(b) to carry out activities relating to the exercise of powers under section 32B(3)(a), (c), (d) and (e) of the **Fire Rescue Victoria Act 1958** in the Fire Rescue Victoria fire district, to the extent authorised by the agreement or arrangement.\n\nS. 62C(3) inserted by No. 35/2020 s. 51.\n\n(3) If the Secretary enters into an agreement or arrangement under subsection (2), each specified person, in the circumstances specified in the agreement or arrangement—\n\n(a) has and may exercise under section 32B(3)(a), (c), (d) and (e) of the **Fire Rescue Victoria Act 1958** the powers of a senior member of the operational staff in relation to the scene of an alarm of fire in the Fire Rescue Victoria fire district, to the extent authorised by the agreement or arrangement; and\n\n(b) may carry out activities relating to the exercise of powers under section 32B(3)(a), (c), (d) and (e) of the **Fire Rescue Victoria Act 1958** in the Fire Rescue Victoria fire district, to the extent authorised by the agreement or arrangement.\n\nThe effect of this subsection is that the powers that may be exercised and the activities that may be carried out by a specified person depend on the existence and terms of an agreement or arrangement under subsection (2).\n\nS. 62C(3A) inserted by No. 35/2020 s. 51.\n\n(3A) The Secretary must publish an agreement or arrangement entered into under subsection (2) on the Department's website.\n\nS. 62C(4) inserted by No. 35/2020 s. 51.\n\n(4) In this section—\n\n***alarm of fire*** has the same meaning as in section 32A of the **Fire Rescue Victoria Act 1958**;\n\nS. 62C(4) def. of *Fire Rescue Victoria* repealed by No. 46/2021 s. 5.\n\n***Fire Rescue Victoria fire district*** has the same meaning as in section 3(1) of the **Fire Rescue Victoria Act 1958**;\n\n***senior member of the operational staff***, in relation to the scene of an alarm of fire, has the same meaning as in section 32B(6) of the **Fire Rescue Victoria Act 1958**;\n\nS. 62C(4) def. of *specified person* amended by No. 42/2021 s. 81.\n\n***specified person*** means any of the following—\n\n(a) the Secretary;\n\n(b) an authorised officer;\n\n(c) a person employed under section 27 or 28 of the **Parks Victoria Act 2018**;\n\n(ca) a person appointed or employed under section 50 or 51 of the **Great Ocean Road and Environs Protection Act 2020**;\n\n(d) a person employed in the Department under Part 3 of the **Public Administration Act 2004** by the Department Head of the Department within the meaning of that Act;\n\n(e) a person engaged by the Secretary under subsection (1).\n\nS. 62C(5) inserted by No. 35/2020 s. 51.\n\n(5) The operation of section 32B of the **Fire Rescue Victoria Act 1958** is subject to this section.\n\nNo. 6073 s. 63.\n\n","sortOrder":79},{"sectionNumber":"63","sectionType":"section","heading":"Restrictions as to lighting etc. fires in certain areas","content":"\t63 Restrictions as to lighting etc. fires in certain areas\n\nS. 63(1) amended by Nos 8587 s. 8, 8945 s. 7(a)(i), 9464 s. 2(a)(i), 10235 s. 3(c).\n\n(1) Every person who in any State forest protected public land or national park—\n\nS. 63(1)(a) substituted by Nos 6976 s. 12(1)(a), 7065 s. 2(Sch.), amended by No. 41/1987 s. 103(Sch. 4 item 24.64).\n\n(a) in circumstances in which he is required by the regulations to have the written authority of an authorised officer to light a fire in the open air and without being thereunto directed by an authorised officer lights kindles or maintains or knowingly or negligently causes to be lit kindled or maintained any fire in the open air without having such authority or without complying with any condition specified in the authority;\n\nS. 63(1)(aa) inserted by No. 6976 s. 12(1)(a), amended by No. 8945 s. 2(a).\n\n(aa) in or in relation to the lighting kindling maintaining or extinguishing of any fire in the open air fails to comply with any relevant regulations;\n\nS. 63(1)(b) amended by No. 74/2000 s. 3(Sch. 1 item 52.5).\n\n(b) does not observe all reasonable precautions to prevent the spread of and damage by any fire lit kindled or maintained by him or to his knowledge by his agent or employee; or\n\nS. 63(1)(c) amended by No. 74/2000 s. 3(Sch. 1 item 52.5).\n\n(c) leaves any fire lit kindled or maintained by him or to his knowledge by his agent or employee or otherwise without previously taking all reasonable precautions to prevent it spreading or causing injury—\n\nshall be liable to a penalty of not more than 100 penalty units or to imprisonment for a term of not more than two years or to both such penalty and imprisonment.\n\nS. 63(2) amended by Nos 8587 s. 8, 8945 s. 7(a)(ii), 9464 s. 2(a)(ii), 10235 s. 3(d).\n\n(2) Every person who in any fire protected area, not being a State forest protected public land or a national park—\n\nS. 63(2)(a) substituted by Nos 6976 s. 12(1)(b), 7065 s. 2(Sch.), amended by No. 41/1987 s. 103(Sch. 4 item 24.64).\n\n(a) during the prohibited period in circumstances in which he is required by the regulations to have the written authority of an authorised officer to light a fire in the open air and without being thereunto directed by an authorised officer lights kindles or maintains or knowingly or negligently causes to be lit kindled or maintained any fire in the open air without having such authority or without complying with any condition specified in the authority;\n\nS. 63(2)(aa) inserted by No. 6976 s. 12(1)(b), amended by No. 8945 s. 2(b).\n\n(aa) at any time in or in relation to the lighting kindling maintaining or extinguishing of any fire in the open air fails to comply with any relevant regulations;\n\nS. 63(2)(b) amended by No. 74/2000 s. 3(Sch. 1 item 52.5).\n\n(b) at any time does not observe all reasonable precautions to prevent the spread of and damage by any fire lit kindled or maintained by him or to his knowledge by his agent or employee; or\n\nS. 63(2)(c) amended by No. 74/2000 s. 3(Sch. 1 item 52.5).\n\n(c) at any time leaves any fire lit kindled or maintained by him or to his knowledge by his agent or employee or otherwise without previously taking all reasonable precautions to prevent it spreading or causing injury—\n\nshall be liable to a penalty of not more than 50 penalty units or to imprisonment for a term of not more than one year or to both such penalty and imprisonment.\n\nS. 63(3) amended by S.R. No. 258/1974 reg. 9, Nos 8587 s. 8, 41/1987 s. 103(Sch. 4 item 24.64), 37/2014 s. 10(Sch. item 67.2).\n\n(3) Where any authorised officer or any police officer directs the owner or occupier of or person residing on and having charge and control of any private land (including any Crown land leased with an inchoate right of purchase) within 3 kilometres of the boundary of any State forest protected public land or national park—\n\n(a) to extinguish any fire on such land; or\n\nS. 63(3)(b) amended by Nos 41/1987 s. 103(Sch. 4 item 24.65), 37/2014 s. 10(Sch. item 67.2).\n\n(b) to take such steps as the authorised officer or police officer directs to extinguish such fire or prevent the same from spreading or causing injury—\n\nsuch owner occupier or person (whether or not he has been authorized or directed by an authorised officer to light kindle or maintain such fire and whether or not such fire was lit kindled or maintained in accordance with this Act or the regulations or any other Act or any permit or direction granted or given pursuant to any other Act) shall forthwith extinguish such fire or take such steps accordingly.\n\nS. 63(4) amended by Nos 8945 s. 7(a)(iii), 9464 s. 2(a)(iii), 10235 s. 3(e).\n\n(4) Every such owner occupier or person when so directed as aforesaid—\n\n(a) who fails neglects or refuses to extinguish such fire forthwith or to take forthwith such steps as aforesaid; or\n\n(b) who purports to carry out such directions but does so in such a manner that the fire is not extinguished and breaks out or is likely to break out subsequently—\n\nshall be liable to a penalty of not more than 50 penalty units or to imprisonment for a term of not more than one year or to both such penalty and imprisonment.\n\nS. 63(5) amended by Nos 8945 s. 7(a)(iv), 41/1987 s. 103(Sch. 4 items 24.64, 24.66), 76/1998  \ns. 10(1)(p)(i)(ii), 74/2000 s. 3(Sch. 1 item 52.6), 37/2014 s. 10(Sch. item 67.2).\n\n(5) A reward of not more than $500[[6]](#endnote-7) may be paid by the Secretary with the approval of the Minister to any person (not being a police officer or an authorised officer or a person employed in the Department) who gives such information as leads to a conviction under this section.\n\nS. 63(6)(a) amended by Nos 8247 s. 5, 41/1987 s. 103(Sch. 4 item 24.64).\n\n(6) (a) Any authorised officer may (with or without warrant) with any assistance he requires take into custody any person who is found offending against any of the provisions of this section and who refuses to give his name or address when called upon to do so by any authorised officer.\n\nS. 63(6)(b) amended by No. 57/1989 s. 3(Sch. item 81.1).\n\n(b) Such person shall be taken before a bail justice or the Magistrates' Court to be dealt with according to law.\n\n(c) Every such person found offending as aforesaid who gives a false name or address when called upon to give his name or address shall be guilty of an offence against this Act.\n\nS. 63(7) amended by Nos 41/1987 s. 103(Sch. 4 item 24.64), 6/2018 s. 68(Sch. 2 item 58.1).\n\n(7) Any person who is convicted of an offence against this section may on conviction in addition be ordered by the court to pay to the Crown in respect of any damage or injury and the costs of fire suppression occasioned or caused by the commission of such offence such amount as is fixed by the court after taking the evidence on oath or by affirmation of an authorised officer as to the nature and extent of such damage or injury and fire suppression, and in default of payment of such amount the same may be recovered by the informant in the same manner as the penalty may be recovered.\n\nS. 63(8) inserted by No. 6976 s. 12(1)(c), amended by No. 9861 s. 3(1).\n\n(8) Any amount ordered by the court pursuant to subsection (7) of this section to be paid in respect of the costs of fire suppression shall when paid or recovered be paid into the Consolidated Fund.\n\nNo. 6073 s. 64.\n\n","sortOrder":80},{"sectionNumber":"64","sectionType":"section","heading":"Absolute prohibition of use of fire when acute fire danger exists","content":"\t64 Absolute prohibition of use of fire when acute fire danger exists\n\nS. 64(1) amended by Nos 41/1987 s. 103(Sch. 4 item 24.67), 76/1998  \n\n(1) Whenever the Secretary reports to the Minister that a condition of acute fire danger exists or is likely to exist in any fire protected area or part of a fire protected area the Minister may by notice—\n\n(a) prohibit absolutely the use of fire in the open air in any such fire protected area or part of a fire protected area (as the case may be); and\n\nS. 64(1)(b) amended by Nos 48/2004 s. 113(1)(a), 24/2024 s. 50(1)(a).\n\n(b) suspend any or all leases licences permits registrations or authorities granted under this Act for the felling conversion or removal of forest produce in so far as the same are operative in any such fire protected area or part of a fire protected area (as the case may be)—\n\nS. 64(1)(c) inserted by No. 48/2004 s. 113(1)(b), repealed by No. 24/2024 s. 50(1)(b).\n\nfor such period as is specified in such notice.\n\nS. 64(2) amended by Nos 8945 s. 7(b)(i), 9464 s. 2(b)(i), 10235 s. 3(f).\n\n(2) Every person who contrary to the provisions of any such notice during the period to which such notice relates—\n\n(a) lights kindles or maintains or knowingly or negligently causes or permits to be lit kindled or maintained any fire in the open air in any fire protected area or part of a fire protected area (as the case may be) to which such notice relates; or\n\nS. 64(2)(b) amended by Nos 48/2004 s. 113(2)(a), 24/2024 s. 50(2)(a).\n\n(b) fells converts or removes forest produce in or from any such fire protected area or part of a fire protected area (as the case may be)—\n\nS. 64(2)(c) inserted by No. 48/2004 s. 113(2)(b), repealed by No. 24/2024 s. 50(2)(b).\n\nshall be liable to a penalty of not more than 100 penalty units or to imprisonment for a term of not more than two years or to both such penalty and imprisonment.\n\n(3) Every notice under subsection (1) of this section—\n\n(a) shall be published either—\n\n(i) in some newspaper or newspapers generally circulating in the locality to which the notice relates; or\n\n(ii) by means of a broadcast from a broadcasting station in the State of Victoria—\n\nbut may be published in both such ways;\n\n(b) may be revoked amended or varied by a subsequent notice published as aforesaid; and\n\n(c) shall subject to any amendment or variation thereof remain in operation, unless revoked, until the expiration of the period to which it relates:\n\nProvided that the revocation or expiration of any such notice shall not affect the previous operation of this section or of such notice or of anything duly done or suffered thereunder or any liability incurred thereunder or any penalty or punishment imposed in respect of any offence committed thereunder or any legal proceeding in respect of any such liability penalty or punishment aforesaid, and any such legal proceeding may be instituted continued or enforced and any such penalty or punishment may be imposed as if such notice had not been revoked or had not expired.\n\nS. 64(4)(a) amended by Nos 6976 s. 14(a), 41/1987 s. 103(Sch. 4 item 24.68).\n\n(4) (a) The Minister may from time to time by notice published in the Government Gazette specify the names of authorised officers for the purposes of this subsection; and every authorised officer so specified shall thereupon be authorized, in any case where he is of opinion that a condition of acute fire danger exists in any district under his control, by notice to direct any person who is engaged within any fire protected area or upon any land which is affected by a declaration made under subsection (4) of section three of this Act in any of the operations of felling logging snigging skidding sledging or other like operation or in the operation of driving any steam engine or steam locomotive, to suspend or cause to be suspended all or any of such operations until such time as such suspension is revoked by such officer by a like notice.\n\nS. 64(4)(b) amended by No. 41/1987 s. 103(Sch. 4 item 24.68).\n\n(b) Notice for the purpose of this subsection may be given by any such authorised officer—\n\n(i) by writing signed by such officer and delivered to the person to whom it is directed or to any manager of such person or other person in charge of or engaged in the conduct of such operation; or\n\n(ii) by telephone or radiophone message to any of the said persons.\n\nS. 64(4)(c) amended by Nos 8945 s. 7(b)(ii), 9464 s. 2(b)(ii), 10235 s. 3(g).\n\n(c) Any person who contravenes or fails to comply with any such direction given as aforesaid shall be liable to a penalty of not more than 100 penalty units or to imprisonment for a term of not more than two years or to both such penalty and imprisonment.\n\n(d) The provisions of this subsection shall be read and construed as in aid of and not in derogation from the provisions of the other subsections of this section.\n\nS. 64(5) amended by Nos 41/1987 s. 103(Sch. 4 item 24.69), 109/2004 s. 22(a).\n\n(5) In any proceedings for an offence against subsection (2) of this section a certificate signed by the Secretary to the effect that a notice was published by means of a broadcast pursuant to subsection (3) of this section shall be prima facie evidence of the facts set out therein.\n\nNo. 6073 s. 65.\n\n","sortOrder":81},{"sectionNumber":"65","sectionType":"section","heading":"Enforcement of burning off etc. near State forest or national park","content":"\t65 Enforcement of burning off etc. near State forest or national park\n\nS. 65(1) amended by No. 6870 s. 2(a), S.R. No. 258/1974 reg. 10(a), Nos 8587 s. 8, 41/1987 s. 103(Sch. 4 item 24.71).\n\n(1) Any authorised officer if he deems it necessary so to do for the prevention of fire may in writing direct any owner or occupier or person or body of persons having the control or management of any land within 1⋅5 kilometres of the boundary of any State forest protected public land or national park—\n\nS. 65(1)(a) substituted by No. 8035 s. 7(a).\n\n(a) to remove, destroy by burning or abate in any manner directed, a fire hazard on such land;\n\nS. 65(1)(b) amended by S.R. No. 258/1974 reg. 10(b), Nos 41/1987 s. 103(Sch. 4 item 24.70), 96/1994 s. 56(f), 76/1998  \n\n(b) where the Secretary within the State forest or protected public land or national park and adjoining any such land has carried out or is carrying out any work for fire prevention or control—to carry out on such land adjoining and within 50 metres of the boundary of the State forest protected public land or national park similar work for fire prevention or control as directed by the authorised officer.\n\nS. 65(2) amended by Nos 8035 s. 7(b), 41/1987 s. 103(Sch. 4 item 24.70), 76/1998  \n\n(2) The Secretary may aid and co-operate with any such owner occupier person or body in carrying out any such removal destruction abatement or work where the Secretary deems it necessary and desirable so to do.\n\n(3) If any such owner occupier person or body fails or neglects to comply with any direction under this section—\n\n(a) such owner occupier or person or the members of such body shall be guilty of an offence against this Act; and\n\nS. 65(3)(b) amended by Nos 8035 s. 7(b), 41/1987 s. 103(Sch. 4 item 24.70), 76/1998  \n\n(b) the Secretary may cause to be carried out the removal destruction abatement or work directed to be carried out.\n\nS. 65(4) amended by Nos 8035 s. 7(b), 41/1987 s. 103(Sch. 4 item 24.70), 76/1998  \n\n(4) Where any such land is unoccupied and the owner thereof is unknown or cannot be promptly found the Secretary may cause to be carried out the removal destruction abatement or work directed to be carried out.\n\nS. 65(5) amended by Nos 8035 s. 7(b), 41/1987 s. 103(Sch. 4 item 24.70), 76/1998  \n\n(5) Where the Secretary causes any removal destruction abatement or work to be carried out pursuant to this section—\n\nS. 65(5)(a) amended by Nos 41/1987 s. 103(Sch. 4 item 24.70), 76/1998  \n\n(a) the Secretary may recover the costs thereof in any court of competent jurisdiction from any owner or occupier of such land;\n\n(b) in the case of land other than Crown land, until paid or recovered such costs shall be and remain a charge on the land and if not paid within six months after demand such costs shall bear interest at the rate of Six per centum per annum from the date of demand;\n\nS. 65(5)(c) amended by Nos 41/1987 s. 103(Sch. 4 items 24.70, 24.72), 76/1998 s. 10(1)(q), substituted by No. 85/1998 s. 24(Sch. item 25.1) (as amended by No. 76/1998 s. 15).\n\n(c) the Secretary must furnish to the Registrar of Titles a certificate of charge under the seal of the Secretary describing the land charged and setting out particulars of the title to the land and stating that there are costs payable under this section in respect of the land; and\n\nS. 65(5)(ca) inserted by No. 85/1998 s. 24(Sch. item 25.1).\n\n(ca) the Registrar of Titles must make a recording of the certificate in the Register; and\n\n(d) until any such costs together with any interest are paid no sale or transfer of the land on which the same are charged shall be made or registered.\n\nS. 65(5A) inserted by No. 85/1998 s. 24(Sch. item 25.2) (as amended by No. 76/1998 s. 15).\n\n(5A) When the amount set out in a certificate under subsection (5) together with any interest is paid, the Registrar of Titles, on lodgment of a certificate of discharge under the seal of the Secretary, must delete the recording of the charge from the Register or make a recording in the Register of the discharge.\n\n(6) Nothing in this section shall apply with respect to any land vested in or under the control of the Melbourne and Metropolitan Board of Works.\n\nS. 65(7) inserted by No. 6870 s. 2(b).\n\n(7) In any legal proceedings under the provisions of this section and in addition to any other method of proof available evidence that the person proceeded against is rated in respect of any land to any general rate for the municipality within which the land is situated shall unless the contrary is proved be evidence that that person is the owner or occupier (as the case may be) of that land.\n\nNo. 6073 s. 66.\n\nS. 66 amended by Nos 9576 s. 11(1), 48/2004 s. 114, 24/2024 s. 51.\n\n","sortOrder":82},{"sectionNumber":"66","sectionType":"section","heading":"Placing inflammable material for the purpose of causing fire etc.","content":"\t66 Placing inflammable material for the purpose of causing fire etc.\n\nAny person who in any fire protected area during the prohibited period for the purpose of causing any fire and with intent thereby to injure any forest produce or any property puts or places any match or inflammable material or combustible substance matter or thing in such a position that—\n\n(a) a fire is likely to be caused; or\n\n(b) the match material substance matter or thing may be ignited exploded or set on fire either from the action of the sun's rays or by friction or by any other means whatsoever—\n\nshall whether such fire is caused or not be guilty of an indictable offence and being convicted thereof shall be liable to imprisonment for a term of not more than ten years.\n\nS. 66A inserted by No. 82/2009 s. 36.\n\n","sortOrder":83},{"sectionNumber":"66A","sectionType":"section","heading":"Offence to leave certain campfires or barbeques unattended","content":"\t66A Offence to leave certain campfires or barbeques unattended\n\nS. 66A(1) amended by No. 40/2020 s. 32(1).\n\n(1) The person in charge of a campfire or barbeque using solid fuel and that is in the open air in a regulated fire area or on any licensed water frontage that is not State forest must not—\n\n(a) be outside the line of sight of the campfire or barbeque; or\n\n(b) be more than 50 metres from the perimeter of the campfire or barbeque.\n\nS. 66A(2) substituted by No. 40/2020 s. 32(2).\n\n(2) In this section and in sections 66B and 66C—\n\n***licensed water frontage***  has the same meaning as in the **Land Act 1958**;\n\n***regulated fire area***  means any State forest, protected public land or national park.\n\nS. 66B inserted by No. 82/2009 s. 36.\n\n","sortOrder":84},{"sectionNumber":"66B","sectionType":"section","heading":"Offences as to having clear areas around certain campfires or barbeques","content":"\t66B Offences as to having clear areas around certain campfires or barbeques\n\nS. 66B(1) amended by No. 40/2020 s. 33.\n\n(1) A person must not light, kindle or maintain a campfire or barbeque, that uses solid fuel and that is in the open air in a regulated fire area or on any licensed water frontage that is not State forest, unless the ground and airspace within a distance of 3 metres from the outer perimeter and uppermost point of the fire are clear of flammable material.\n\nS. 66B(2) amended by Nos 29/2011 s. 3(Sch. 1 item 41), 40/2020 s. 33.\n\n(2) A person must not light, kindle or maintain a campfire or barbeque, that uses liquid fuel, gaseous fuel or chemical solid fuel and that is in the open air in a regulated fire area or on any licensed water frontage that is not State forest, unless the ground and airspace within a distance of 1∙5 metres from the outer perimeter and uppermost point of the fire are clear of flammable material.\n\nS. 66C inserted by No. 82/2009 s. 36.\n\n","sortOrder":85},{"sectionNumber":"66C","sectionType":"section","heading":"Offence as to campfires or barbeques above a certain size","content":"\t66C Offence as to campfires or barbeques above a certain size\n\nS. 66C(1) amended by No. 40/2020 s. 34.\n\n(1) A person must not light, kindle or maintain a campfire or barbeque, that uses solid fuel and that is in the open air in a regulated fire area or on any licensed water frontage that is not State forest, if—\n\n(a) the area of the campfire or barbeque is more than one square metre in any direction; or\n\n(b) a dimension of any piece of the solid fuel that is being used in the campfire or barbeque is more than one metre—\n\nunless the person is authorised to do so in writing by an authorised officer.\n\n(2) An authorised officer may give an authorisation in writing for the purpose of subsection (1).\n\nNo. 6073 s. 67.\n\n","sortOrder":86},{"sectionNumber":"67","sectionType":"section","heading":"Duty to prevent spread of fire etc.","content":"\t67 Duty to prevent spread of fire etc.\n\nS. 67(1) amended by Nos 6976 s. 13, 8587 s. 8, 41/1987 s. 103(Sch. 4 item 24.73), 37/2014 s. 10(Sch. item 67.2).\n\n(1) Every person who finds any fire burning in any State forest protected public land or national park or in any fire protected area during any period when there is danger of the spread of fire shall do everything that is reasonably within his power to prevent such fire from spreading and shall as soon as practicable report the existence of such fire to the nearest authorised officer or police officer.\n\nS. 67(2) amended by Nos 41/1987 s. 103(Sch. 4 item 24.73), 37/2014 s. 10(Sch. item 67.2).\n\n(2) When any fire is unlawfully burning on any land in any fire protected area during the prohibited period the occupier of such land shall take all reasonable measures at his own expense to extinguish such fire and shall as soon as practicable report the existence of such fire to the nearest authorised officer or police officer.\n\nS. 67(3) amended by Nos 41/1987 s. 103(Sch. 4 item 24.73), 48/2004 s. 115(1), 37/2014 s. 10(Sch. item 67.2), 24/2024 s. 52(1).\n\n(3) Every person who holds a lease licence permit or authority under this Act or is employed by any person holding any such lease licence permit or authority or is employed by the State of Victoria shall furnish as soon as practicable to the nearest authorised officer or police officer any information he may possess regarding any outbreak of fire during the prohibited period in any fire protected area.\n\nS. 67(4) inserted by No. 48/2004 s. 115(2), repealed by No. 24/2024 s. 52(2).\n\nS. 68 substituted by No. 8945 s. 3.\n\n","sortOrder":87},{"sectionNumber":"68","sectionType":"section","heading":"Secretary may carry out clearing and preventive burning","content":"\t68 Secretary may carry out clearing and preventive burning\n\nWhere a person fails to carry out any clearing or preventive burning as and within the period (if any) required by the regulations—\n\n(a) he shall be guilty of an offence against this Act; and\n\nS. 68(b) amended by Nos 41/1987 s. 103(Sch. 4 item 24.74), 76/1998  \n\n(b) the Secretary may carry out any of the required clearing and preventive burning and recover from him in any court of competent jurisdiction the cost thereof.\n\nNo. 6073 s. 69.\n\nS. 69 amended by Nos 6976 s. 14(b), 41/1987 s. 103(Sch. 4 item 24.75), 76/1998 s. 10(1)(q), repealed by No. 48/2004 s. 116(1).\n\nNo. 6073 s. 70.\n\n","sortOrder":88},{"sectionNumber":"70","sectionType":"section","heading":"Provisions relating to offences against fire prevention provisions","content":"\t70 Provisions relating to offences against fire prevention provisions\n\n(1) None of the fire prevention provisions of this Act shall derogate from any other of the fire prevention provisions of this Act or from any penal provisions of any other Act or enactment relating to fires or the careless negligent or criminal use of fire.\n\n(2) Without affecting the generality of the provisions of this Act as to prosecutions for any offence, any prosecution for an offence against the fire prevention provisions of this Act may be brought—\n\nS. 70(2)(a) amended by Nos 41/1987 s. 103(Sch. 4 item 24.76), 37/2014 s. 10(Sch. item 67.3).\n\n(a) by any police officer or any authorised officer; or\n\nS. 70(2)(b) amended by Nos 41/1987 s. 103(Sch. 4 item 24.77), 76/1998  \ns. 10(1)(r)(i)(ii).\n\n(b) by any employee in the Department or other person appointed by the Secretary in writing for that purpose.\n\nS. 70(3) amended by Nos 7876 s. 2(3), 16/1986 s. 30, repealed by No. 57/1989 s. 3(Sch. item 81.2).\n\n(4) In this section ***fire prevention provisions of this Act*** means—\n\nS. 70(4)(a) amended by No. 48/2004 s. 116(2).\n\n(a) sections 63 to 68 of this Act; and\n\nS. 70(4)(b) amended by Nos 6976 s. 12(2), 8945 s. 4(a)–(c).\n\n(b) any regulations under any of the said sections or under paragraphs (13)(13A) (13B)(13C)(13D)(16)(17)(17A)(29) or (30) of section ninety-nine as extended by section 99A.\n\nNo. 6073 s. 71.\n\n","sortOrder":89},{"sectionNumber":"71","sectionType":"section","heading":"Liability of Secretary for damage caused by fire","content":"\t71 Liability of Secretary for damage caused by fire\n\nS. 71(1) amended by Nos 41/1987 s. 103(Sch. 4 items 24.78, 24.79), 76/1998  \n\n(1) The Secretary shall be liable for any damage caused by any fire which was lit kindled or maintained by or on behalf of the Secretary or any authorised officer and which was negligently permitted to spread.\n\nS. 71(2) amended by Nos 41/1987 s. 103(Sch. 4 item 24.79), 76/1998  \n\n(2) Where any person incurs any liability in consequence of damage caused by any fire lit kindled or maintained by such person on the direction of the Secretary or of any authorised officer the Secretary shall indemnify such person from such liability if such person—\n\nS. 71(2)(a) amended by Nos 41/1987 s. 103(Sch. 4 items 24.78, 24.79), 76/1998  \n\n(a) obeyed and complied with the regulations and all directions of the Secretary and of any authorised officer with respect to such fire; and\n\n(b) did not cause or permit the spread of such fire by any wilful or negligent act or omission.\n\nS. 72 amended by Nos 41/1987 s. 103(Sch. 4 items 24.80, 24.81), 76/1998 s. 10(1)(s), repealed by No. 48/2004 s. 116(4),  \nnew s. 72 inserted by No. 5/2012 s. 116.\n\n","sortOrder":90},{"sectionNumber":"72","sectionType":"section","heading":"Immunity provision","content":"\t72 Immunity provision\n\n(1) This section applies to—\n\n(a) an authorised officer;\n\nS. 72(1)(b) amended by No. 19/2018 s. 129.\n\n(b) a person employed under section 27 or 28 of the **Parks Victoria Act 2018**;\n\nS. 72(1)(ba) inserted by No. 42/2021 s. 82.\n\n(ba) a person appointed or employed under section 50 or 51 of the **Great Ocean Road and Environs Protection Act 2020**;\n\n(c) a person employed in the Department under Part 3 of the **Public Administration Act 2004** by the Department Head of the Department within the meaning of that Act;\n\n(d) a person engaged by the Secretary under section 62C.\n\n(2) A person to whom this section applies is not personally liable for any thing done or omitted to be done in good faith—\n\n(a) in the exercise of a power or the discharge of a duty under this Act relating to fire management activities; or\n\nS. 72(2)(b) amended by No. 35/2020 s. 52(1)(a).\n\n(b) in the reasonable belief that the act or omission was in the exercise of a power or the discharge of a duty under this Act relating to fire management activities; or\n\nS. 72(2)(c) inserted by No. 35/2020 s. 52(1)(b).\n\n(c) for the purposes of carrying out fire management activities in accordance with an agreement or arrangement referred to in section 62C(2).\n\n(3) Any liability resulting from an act or omission that would but for subsection (2) attach to a person to whom this section applies attaches to the Secretary.\n\nS. 72(4)  \ndef. of *fire management activity* amended by No. 35/2020 s. 52(2).\n\n(4) For the purposes of this section—\n\n***fire management activity*** means any activity performed for the purposes of the prevention and suppression of fire, including planned burning, and includes any activity performed pursuant to—\n\n(a) section 20(b), so far as that provision relates to the prevention and suppression of fires within fire protected areas; or\n\n(b) section 62(2); or\n\n(c) section 62AA; or\n\n(d) an agreement or arrangement referred to in section 62C(2).\n\nHeading preceding s. 72A inserted by No. 46/2021 s. 6.\n\nForest firefighters presumptive rights compensation\n\nS. 72A inserted by No. 46/2021 s. 6.\n\n","sortOrder":91},{"sectionNumber":"72A","sectionType":"section","heading":"Definitions","content":"\t72A Definitions\n\nIn sections 72A to 72R—\n\n***advisory committee*** means the advisory committee established under section 72R;\n\n***Authority*** means the Victorian WorkCover Authority;\n\n***career firefighter*** has the same meaning as in section 4(1) of the **Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019**;\n\n***CFA*** means the Country Fire Authority appointed under the **Country Fire Authority Act 1958**;\n\n***Department Head*** has the same meaning as in section 4(1) of the **Public Administration Act 2004**;\n\n***firefighter*** means—\n\n(a) a career firefighter; or\n\n(b) a volunteer firefighter; or\n\n(c) a forest firefighter;\n\n***firefighting*** means exposure to the hazards of a fire scene including—\n\n(a) by extinguishing, controlling or preventing the spread of fires; or\n\n(b) by the application or use of fire—\n\n(i) to prevent fire; or\n\n(ii) for the purposes specified in section 62A(1);\n\n***forest firefighter*** means—\n\n(a) an occupational forest firefighter; or\n\n(b) a surge forest firefighter;\n\n***Melbourne Water Corporation*** has the same meaning as in section 3(1) of the **Water Act 1989**;\n\n***occupational forest firefighter*** has the meaning given by section 72B;\n\n***public sector body*** has the same meaning as in section 4(1) of the **Public Administration Act 2004**;\n\n***public sector body Head*** has the same meaning as in section 4(1) of the **Public Administration Act 2004**;\n\n***surge forest firefighter*** has the meaning given by section 72C;\n\nS. 72A def. of *VicForests* inserted by No. 24/2024 s. 53.\n\n***VicForests*** means the State body known as \"VicForests\" established under section 14 of the **State Owned Enterprises Act 1992** by Order in Council dated 28 October 2003 published in the Government Gazette on 28 October 2003 and abolished by the **Sustainable Forests (Timber) Repeal Act 2024**;\n\n***volunteer firefighter*** has the same meaning as in section 4(1) of the **Firefighters' Presumptive Rights Compensation and Fire Services Legislation Amendment (Reform) Act 2019**.\n\nS. 72B inserted by No. 46/2021 s. 6.\n\n","sortOrder":92},{"sectionNumber":"72B","sectionType":"section","heading":"Meaning of *occupational forest firefighter*","content":"\t72B Meaning of *occupational forest firefighter*\n\nFor the purposes of sections 72A to 72R, ***occupational forest firefighter*** means a person who is, or was employed by any of the following as a firefighter in a role in which firefighting duties are or were a portion—\n\n(a) the Department Head in the Department under Part 3 of the **Public Administration Act 2004** for the purposes of assisting the Secretary to carry out duties under sections 62(2) and 62A;\n\n(b) a public sector body Head in a public sector body that has entered into—\n\n(i) an agreement or arrangement with the Secretary under section 62C other than firefighters and staff employed by the CFA or Fire Rescue Victoria; or\n\n(ii) an agreement or arrangement with the Secretary relating to the prevention and suppression of fires other than firefighters and staff employed by the CFA or Fire Rescue Victoria;\n\n(c) Parks Victoria in circumstances where Parks Victoria makes its employees available to the Secretary to enable the Secretary to undertake firefighting;\n\n(d) VicForests in circumstances where VicForests makes its employees available to the Secretary to enable the Secretary to undertake firefighting;\n\n(e) Melbourne Water Corporation in circumstances where Melbourne Water Corporation makes its employees available to the Secretary to enable the Secretary to undertake firefighting.\n\nS. 72C inserted by No. 46/2021 s. 6.\n\n","sortOrder":93},{"sectionNumber":"72C","sectionType":"section","heading":"Meaning of *surge forest firefighter*","content":"\t72C Meaning of *surge forest firefighter*\n\n(1) For the purposes of sections 72A to 72R, ***surge forest firefighter*** means a person who is not an occupational forest firefighter but who—\n\n(a) is, or was employed by a person or body specified in subsection (2); and\n\n(b) performs, or has performed firefighting duties while in the employ of a person or body specified in subsection (2).\n\n(2) The following persons or bodies are specified for the purposes of subsection (1)—\n\n(a) the Department Head in the Department under Part 3 of the **Public Administration Act 2004** for the purposes of assisting the Secretary to carry out duties under sections 62(2) and 62A;\n\n(b) a public sector body Head in a public sector body that has entered into—\n\n(i) an agreement or arrangement with the Secretary under section 62C other than firefighters and staff employed by the CFA or Fire Rescue Victoria; or\n\n(ii) an agreement or arrangement with the Secretary relating to the prevention and suppression of fires other than firefighters and staff employed by the CFA or Fire Rescue Victoria;\n\n(c) Parks Victoria in circumstances where Parks Victoria makes its employees available to the Secretary to enable the Secretary to undertake firefighting;\n\n(d) VicForests in circumstances where VicForests makes its employees available to the Secretary to enable the Secretary to undertake firefighting;\n\n(e) Melbourne Water Corporation in circumstances where Melbourne Water Corporation makes its employees available to the Secretary to enable the Secretary to undertake firefighting.\n\nS. 72D inserted by No. 46/2021 s. 6.\n\n","sortOrder":94},{"sectionNumber":"72D","sectionType":"section","heading":"Construction of sections 72A to 72R","content":"\t72D Construction of sections 72A to 72R\n\n(1) Sections 72A to 72R should be read as if they formed part of the **Workplace Injury** **Rehabilitation and Compensation Act 2013**.\n\n(2) If there is an inconsistency in any of sections 72A to 72R and the **Workplace Injury Rehabilitation and Compensation Act 2013**, sections 72A to 72R prevail to the extent of the inconsistency.\n\n(3) Unless inconsistent with the context or subject‑matter, words and expressions defined in section 3 of the **Workplace Injury Rehabilitation and Compensation Act 2013** have the same meaning in sections 72A to 72R as they have in that Act.\n\n(4) If a forest firefighter satisfies the presumption under section 72E or section 72H, their disease is to be taken to be an injury within the meaning of the **Workplace Injury Rehabilitation and Compensation Act 2013**.\n\nS. 72E inserted by No. 46/2021 s. 6.\n\n","sortOrder":95},{"sectionNumber":"72E","sectionType":"section","heading":"Rebuttable presumption as to cause of certain diseases in relation to occupational forest firefighters","content":"\t72E Rebuttable presumption as to cause of certain diseases in relation to occupational forest firefighters\n\n(1) An injury to an occupational forest firefighter is presumed to be due to the nature of their employment as a firefighter if—\n\n(a) the injury—\n\n(i) is a disease referred to in column 1 of the table in the Third Schedule; and\n\n(ii) occurs on or after 1 June 2016; and\n\n(b) the injury occurs during a period in which the worker is employed as an occupational forest firefighter or within the 10 year period after the worker ceases to be employed or served as a firefighter; and\n\n(c) before the date on which the injury that is a disease referred to in column 1 of the table in the Third Schedule occurred, the worker is or was employed, or served as a firefighter, for at least the qualifying period specified in column 2 of that table opposite the disease, and the worker attended fires to the extent reasonably necessary to fulfil the purpose of their service as a firefighter—\n\nin the absence of proof to the contrary.\n\n(2) For the purposes of this section, if an occupational forest firefighter suffers an injury that is a disease specified in column 1 of the table in the Third Schedule, the injury is to be taken to have occurred on the day on which the occupational forest firefighter—\n\n(a) is first diagnosed as suffering from the disease; or\n\n(b) dies by reason of the disease—\n\nwhichever occurs first.\n\nS. 72F inserted by No. 46/2021 s. 6.\n\n","sortOrder":96},{"sectionNumber":"72F","sectionType":"section","heading":"Determination as to whether a forest firefighter is an occupational forest firefighter","content":"\t72F Determination as to whether a forest firefighter is an occupational forest firefighter\n\n(1) If a forest firefighter is employed as an occupational forest firefighter at the time the injury occurs, they are taken to be an occupational forest firefighter for the purposes of section 72E.\n\n(2) If a forest firefighter has ceased employment as an occupational forest firefighter, they are to be taken to be an occupational forest firefighter for the purposes of section 72E if—\n\n(a) their most recent employment or service as a firefighter was as an occupational forest firefighter; or\n\n(b) on balance, the greatest proportion of their employment or service as a firefighter was as an occupational forest firefighter.\n\nS. 72G inserted by No. 46/2021 s. 6.\n\n","sortOrder":97},{"sectionNumber":"72G","sectionType":"section","heading":"Determination of whether section 72E requirement is met","content":"\t72G Determination of whether section 72E requirement is met\n\n(1) For the purposes of determining whether an occupational forest firefighter attended fires to the extent reasonably necessary to fulfil the purpose of their service as a firefighter under section 72E, the Authority or a self‑insurer (as appropriate) must seek an expert opinion from the advisory committee.\n\n(2) In providing the expert opinion to the Authority or a self-insurer (as appropriate), the advisory committee must have regard to—\n\n(a) any relevant records, employer data and local knowledge; and\n\n(b) any other prescribed matter.\n\n(3) The Authority or a self-insurer (as appropriate)—\n\n(a) must have regard to the expert opinion provided to the Authority or the self‑insurer under subsection (1); and\n\n(b) is not required to make a determination that is consistent with the expert opinion provided under subsection (1).\n\nS. 72H inserted by No. 46/2021 s. 6.\n\n","sortOrder":98},{"sectionNumber":"72H","sectionType":"section","heading":"Rebuttable presumption as to cause of certain diseases in relation to surge forest firefighters","content":"\t72H Rebuttable presumption as to cause of certain diseases in relation to surge forest firefighters\n\n(1) An injury to a surge forest firefighter is presumed to be due to the nature of their employment if—\n\n(a) the injury—\n\n(i) is a disease referred to in column 1 of the table in the Third Schedule; and\n\n(ii) occurs on or after 1 June 2016; and\n\n(b) the injury occurs during a period in which the worker served as a surge forest firefighter or within the 10 year period after the worker ceases to be employed or served as a firefighter; and\n\n(c) before the date on which the injury that is a disease referred to in column 1 of the table in the Third Schedule occurred, the worker is or was employed, or served as a firefighter, for at least the qualifying period specified in column 2 of that table opposite the disease, and the worker attended fires to the extent reasonably necessary to fulfil the purpose of their service as a firefighter—\n\nin the absence of proof to the contrary.\n\n(2) For the purposes of this section, if a surge forest firefighter suffers an injury that is a disease specified in column 1 of the table in the Third Schedule, the injury is to be taken to have occurred on the day on which the surge forest firefighter—\n\n(a) is first diagnosed as suffering from the disease; or\n\n(b) dies by reason of the disease—\n\nwhichever occurs first.\n\nS. 72I inserted by No. 46/2021 s. 6.\n\n","sortOrder":99},{"sectionNumber":"72I","sectionType":"section","heading":"Determination as to whether a forest firefighter is a surge forest firefighter","content":"\t72I Determination as to whether a forest firefighter is a surge forest firefighter\n\n(1) If a forest firefighter is serving as a surge forest firefighter at the time the injury occurs, they are taken to be a surge forest firefighter for the purposes of section 72H.\n\n(2) If a forest firefighter has ceased service as a surge forest firefighter, they are to be taken to be a surge forest firefighter for the purposes of section 72H if—\n\n(a) their most recent employment or service as a firefighter was as a surge forest firefighter; or\n\n(b) on balance, the greatest proportion of their employment or service as a firefighter was as a surge forest firefighter.\n\nS. 72J inserted by No. 46/2021 s. 6.\n\n","sortOrder":100},{"sectionNumber":"72J","sectionType":"section","heading":"Determination of whether section 72H requirement is met","content":"\t72J Determination of whether section 72H requirement is met\n\n(1) For the purposes of determining whether a surge forest firefighter attended fires to the extent reasonably necessary to fulfil the purpose of their service as a firefighter under section 72H, the Authority or a self-insurer (as appropriate) must seek an expert opinion from the advisory committee.\n\n(2) In providing the expert opinion to the Authority or a self-insurer (as appropriate), the advisory committee must have regard to—\n\n(a) any relevant records, employer data and local knowledge; and\n\n(b) any other prescribed matter.\n\n(3) The Authority or a self-insurer (as appropriate)—\n\n(a) must have regard to the expert opinion provided to the Authority or the self‑insurer under subsection (1); and\n\n(b) is not required to make a determination that is consistent with the expert opinion provided under subsection (1).\n\nS. 72K inserted by No. 46/2021 s. 6.\n\n","sortOrder":101},{"sectionNumber":"72K","sectionType":"section","heading":"Determination of the qualifying period","content":"\t72K Determination of the qualifying period\n\n(1) For the purposes of determining a period under section 72E(1)(c) or 72H(1)(c)—\n\n(a) a worker is taken to have been employed, or served, as a firefighter for a full year in respect of any year the worker was employed or served as a firefighter for only part of that year; and\n\n(b) the following periods may be combined—\n\n(i) any period during which the worker was employed as an occupational forest firefighter;\n\n(ii) any period during which the worker served as a surge forest firefighter;\n\n(iii) any period during which the worker was employed as a career firefighter;\n\n(iv) any period during which the worker served as a volunteer firefighter;\n\n(v) any period during which the worker was employed in a role corresponding to the role of a forest firefighter in another State or Territory.\n\n(2) For the purposes of subsection (1)(b), any consecutive or non-consecutive periods during which a worker has been employed or has served as specified in subparagraph (i), (ii), (iii), (iv) or (v) of subsection (1)(b) may be combined.\n\n(3) If a worker has been employed or has served as specified in 2 or more subparagraphs of subsection (1)(b) at the same time, that period of concurrent employment or service is to be counted once only for the purposes of subsection (1)(b).\n\nS. 72L inserted by No. 46/2021 s. 6.\n\n","sortOrder":102},{"sectionNumber":"72L","sectionType":"section","heading":"Special consideration","content":"\t72L Special consideration\n\n(1) If a forest firefighter—\n\n(a) suffers an injury that is a disease referred to in column 1 of the table in the Third Schedule; and\n\n(b) would not be entitled to the presumption under section 72E or 72H only because the forest firefighter does not satisfy the relevant qualifying period in section 72K; and\n\n(c) can prove in accordance with section 72M that the firefighter has had an exceptional exposure event in a firefighting capacity whether within or outside Victoria while employed or serving as a firefighter—\n\nthe injury is presumed to be due to the nature of their employment or service as a firefighter.\n\n(2) A person who intends to rely on subsection (1) must make an application for special consideration in accordance with section 72N.\n\nS. 72M inserted by No. 46/2021 s. 6.\n\n","sortOrder":103},{"sectionNumber":"72M","sectionType":"section","heading":"What is an exceptional exposure event?","content":"\t72M What is an exceptional exposure event?\n\nFor the purposes of determining whether a forest firefighter has had an exceptional exposure event, regard must be given to the following—\n\n(a) the nature of the event;\n\n(b) whether there are any relevant findings from a coroner, any court proceedings or other official inquiry regarding an event known to have exposed firefighters to carcinogens, and if so, the nature of the findings;\n\n(c) any relevant records, employer data or local knowledge;\n\n(d) any other prescribed matter.\n\nS. 72N inserted by No. 46/2021 s. 6.\n\n","sortOrder":104},{"sectionNumber":"72N","sectionType":"section","heading":"Application for special consideration","content":"\t72N Application for special consideration\n\n(1) An application for special consideration must be—\n\n(a) in the prescribed manner and form; and\n\n(b) made to the Authority or a self-insurer (as appropriate).\n\n(2) An application for special consideration may only be made—\n\n(a) at the same time as a claim for compensation is made; or\n\n(b) after a claim for compensation has been made but before the claim has been accepted or rejected; or\n\n(c) within the period of 60 days after the claim for compensation has been rejected.\n\n(3) In subsection (2) and section 72O, a ***claim* *for compensation*** means a claim forcompensation under the **Workplace Injury Rehabilitation and Compensation Act 2013** in respect of which the presumption under section 72E or 72H is invoked.\n\nS. 72O inserted by No. 46/2021 s. 6.\n\n","sortOrder":105},{"sectionNumber":"72O","sectionType":"section","heading":"Determination of application for special consideration","content":"\t72O Determination of application for special consideration\n\n(1) The Authority or a self-insurer (as appropriate) must determine an application for special consideration only if the Authority or the self‑insurer has rejected a claim for compensation by the applicant.\n\n(2) The Authority or self-insurer (as appropriate) must forward an application for special consideration to the advisory committee for an expert opinion as to whether the firefighter has had an exceptional exposure event.\n\n(3) The Authority or self-insurer (as appropriate) must forward the application for special consideration as soon as practicable after the Authority or the self-insurer has—\n\n(a) received the application for special consideration; or\n\n(b) has rejected the claim for compensation—\n\nwhichever occurs later.\n\n(4) Within the period of 10 days after receiving the expert opinion from the advisory committee, the Authority or a self-insurer (as appropriate) must determine the application for special consideration having regard to the expert opinion.\n\n(5) The Authority or a self-insurer (as appropriate) is not required to make a determination of the application for special consideration that is consistent with the expert opinion.\n\nS. 72P inserted by No. 46/2021 s. 6.\n\n","sortOrder":106},{"sectionNumber":"72P","sectionType":"section","heading":"Payments","content":"\t72P Payments\n\nThe Authority must make any payments necessary for the purposes of the administration of sections 72A to 72R out of the WorkCover Authority Fund.\n\nS. 72Q inserted by No. 46/2021 s. 6.\n\n","sortOrder":107},{"sectionNumber":"72Q","sectionType":"section","heading":"Self-insurer to pay costs of advisory committee","content":"\t72Q Self-insurer to pay costs of advisory committee\n\nA self-insurer must pay the costs of the advisory committee if the advisory committee provides an expert opinion to the self-insurer under section 72G, 72J or 72O.\n\nS. 72R inserted by No. 46/2021 s. 6.\n\n","sortOrder":108},{"sectionNumber":"72R","sectionType":"section","heading":"Establishment of advisory committee","content":"\t72R Establishment of advisory committee\n\n(1) The Minister must establish an advisory committee for the purposes of sections 72A to 72R in accordance with the regulations.\n\n(2) The purpose of the advisory committee is to provide an expert opinion to the Authority or self‑insurer as to—\n\n(a) whether a forest firefighter has attended fires to the extent reasonably necessary to fulfil the purposes of service as a forest firefighter as required by section 72E(1)(c) or 72H(1)(c); or\n\n(b) whether a forest firefighter has had an exceptional exposure event.\n\n(3) Without limiting the generality of section 100C, the regulations may make provision for or with respect to—\n\n(a) the appointment of the advisory committee, including—\n\n(i) the number of members; and\n\n(ii) the experience or qualifications of members; and\n\n(iii) remuneration of members; and\n\n(b) the powers and procedures of the advisory committee, including conditions of confidentiality of information provided to the advisory committee; and\n\n(c) the form of an expert opinion and the process for providing an expert opinion to the Authority or self-insurer.\n\nMaps\n\nNo. 6073 s. 73.\n\n\t73 Deposit of maps showing alterations in forests\n\nS. 73(1) amended by Nos 6976 s. 7(1)(j), 7228 s. 7(Sch. 4 Pt 12(c)), 10087 s. 3(1)(Sch. 1 item 89).\n\n(1) Maps showing any land excised from or added to any reserved forest by the Governor in Council or any alteration of the boundaries of any reserved forest shall within one month of the making of any such excision or addition or alteration be signed by the Minister and deposited with the Clerk of the Parliaments:\n\nS. 73(1) Proviso amended by No. 10087 s. 3(1)(Sch. 1 item 89).\n\nProvided that if the Governor in Council is satisfied that any such map was, through inadvertence or any unavoidable circumstance, not signed and deposited as aforesaid within one month after the making of such an excision or addition or alteration, and the Surveyor-General or the person for the time being acting as the Surveyor-General certifies that the map is an original map truly showing the land so excised or added or altered, the Governor in Council may at any time after the making of such excision or addition or alteration authorize such map to be signed by the Minister and deposited with the Clerk of the Parliaments, and such map may be so signed and deposited accordingly.\n\n(2) All maps or parts thereof certified under the hand of the Surveyor-General or the person for the time being acting as Surveyor-General to be copies of original maps or of parts thereof deposited with the Clerk of the Parliaments for the purposes of or pursuant to this Act or any corresponding previous enactment shall be admissible in evidence in any court of justice or before any person having by law or by consent of parties authority to hear receive and examine evidence and shall be prima facie evidence for the same purposes and to the same extent as the originals thereof if they had been produced. All courts of justice and persons having by law or by consent of parties authority to hear receive and examine evidence shall take judicial notice of the signature of the Surveyor‑General or the person for the time being acting as Surveyor-General affixed to any certificate under this section.\n\n(3) The provisions of subsection (2) of this section shall with such alterations modifications and substitutions as are necessary extend and apply to all maps or parts thereof—\n\n(a) certified under the hand of the Surveyor‑General or the person for the time being acting as the Surveyor-General to be reproductions of such original maps or parts thereof but drawn correctly to a larger scale than such originals; and\n\n(b) accompanied by copies of the original maps or parts thereof drawn to the same scale as the original maps or parts thereof and certified as provided for in subsection (2) of this section.\n\nGeneral\n\nNo. 6073 s. 74.\n\n","sortOrder":109},{"sectionNumber":"74","sectionType":"section","heading":"Power for Magistrates' Court to order removal of unauthorized buildings etc. in reserved forest","content":"\t74 Power for Magistrates' Court to order removal of unauthorized buildings etc. in reserved forest\n\nS. 74(1) amended by Nos 6976 s. 15(a), 7876 s. 2(3), 41/1987 s. 103(Sch. 4 item 24.82), 57/1989 s. 3(Sch. item 81.3).\n\n(1) Where buildings huts fences dams weirs installations or standing crops are found within a reserved forest and—\n\n(a) the owner or occupier thereof does not on demand produce any lease licence permit or authority therefor; or\n\nS. 74(1)(b) amended by No. 41/1987 s. 103(Sch. 4 item 24.82).\n\n(b) after reasonable inquiries made by an authorised officer the owner or occupier thereof cannot be found—\n\nthen on the hearing of the complaint of an authorised officer the Magistrates' Court may fix a time within which such buildings huts fences dams weirs installations or crops shall be removed.\n\nS. 74(2) amended by No. 6976 s. 15(a).\n\n(2) If such removal is not effected within the time so fixed all such buildings huts fences dams weirs installations or crops shall thereupon become the property of the Crown and shall be disposed of as the Minister may direct.\n\nS. 74(3) amended by No. 6976 s. 15(a).\n\n(3) In any case where after such inquiries the owner or occupier has not been found it shall be sufficient service of the notice of removal if a copy thereof is posted on some conspicuous part of the land on which the buildings huts fences dams weirs installations or crops are found.\n\nNo. 6073 s. 75.\n\nS. 75 amended by Nos 10235 s. 3(h), 41/1987 s. 103(Sch. 4 item 24.83), 46/2012 s. 7, 37/2014 s. 10(Sch. item 67.4).\n\n","sortOrder":110},{"sectionNumber":"75","sectionType":"section","heading":"Production of licence etc. on demand","content":"\t75 Production of licence etc. on demand\n\nEvery person who does within any forest any act for which under the provisions of this Act a lease licence permit or authority is required shall upon being required so to do by an authorised officer or by a police officer produce such lease licence permit or authority and if on being so required he within a reasonable time fails without lawful excuse so to do he shall be liable to a penalty of not more than 5 penalty units.\n\nS. 75A inserted by No. 24/2024 s. 22.\n\n","sortOrder":111},{"sectionNumber":"75A","sectionType":"section","heading":"Production notice","content":"\t75A Production notice\n\n(1) For the purpose of monitoring compliance with this Act, an authorised officer may give a production notice requiring the production to the authorised officer of any document specified in the notice to a person named in a production order.\n\n(2) A production notice must—\n\n(a) be in writing; and\n\n(b) specify the following details—\n\n(i) the person to whom it is given;\n\n(ii) the document to be produced, which may be specified by description or class;\n\n(iii) the manner in which the document may be produced and the place of production;\n\n(iv) that the person must comply with the production notice within 30 days of the date specified in the notice.\n\nS. 75B inserted by No. 24/2024 s. 22.\n\n","sortOrder":112},{"sectionNumber":"75B","sectionType":"section","heading":"Production order to authorise production notice","content":"\t75B Production order to authorise production notice\n\n(1) For the purpose of monitoring compliance with this Act, an authorised officer may apply to the Magistrates' Court for a production order authorising the authorised officer to give a production notice to a person if the authorised officer believes on reasonable grounds that a document is—\n\n(a) relevant to compliance with this Act; and\n\n(b) in the possession or control of the person.\n\n(2) If the Magistrates' Court is satisfied on evidence given by the authorised officer that the order is necessary for the purpose of monitoring compliance with this Act, the Court may make a production order authorising the authorised officer to give a production notice to the person named in the order.\n\n(3) A production order must specify—\n\n(a) the person to whom the production notice is to be given; and\n\n(b) the document to be produced, which may be specified by description or class; and\n\n(c) a day, not later than 30 days after the order is made, on which the order expires; and\n\n(d) any other matter the Court considers appropriate.\n\n(4) If an authorised officer gives a production notice under a production order, the authorised officer must notify the Court in writing of the time and place that the production notice was given to the person named in the order as soon as practicable after the production notice is given to that person.\n\n(5) The expiry of a production order does not affect the operation of a production notice given under that production order.\n\nS. 75C inserted by No. 24/2024 s. 22.\n\n","sortOrder":113},{"sectionNumber":"75C","sectionType":"section","heading":"Application for extension of time","content":"\t75C Application for extension of time\n\n(1) A person who is given a production notice may apply to the authorised officer within 30 days after the notice is given to the person for an extension of the time period specified for compliance.\n\n(2) An authorised officer, in writing, may extend the time period for compliance if the authorised officer is satisfied that there are reasonable grounds for doing so.\n\nS. 75D inserted by No. 24/2024 s. 22.\n\n","sortOrder":114},{"sectionNumber":"75D","sectionType":"section","heading":"How documents may be produced","content":"\t75D How documents may be produced\n\nSubject to the production notice, a person who produces a document to an authorised officer in accordance with a production notice may send that document to the authorised officer—\n\n(a) by registered post; or\n\n(b) by electronic transmission.\n\nS. 75E inserted by No. 24/2024 s. 22.\n\n","sortOrder":115},{"sectionNumber":"75E","sectionType":"section","heading":"Powers on production of documents","content":"\t75E Powers on production of documents\n\nAn authorised officer to whom a document is produced in accordance with a production notice may do any or all of the following—\n\n(a) inspect the document or any part of the document;\n\n(b) make copies of and take extracts from the document or any part of the document;\n\n(c) retain the document or any part of the document for as long as is reasonably necessary to fulfil the purpose for which it is required.\n\nS. 75F inserted by No. 24/2024 s. 22.\n\n","sortOrder":116},{"sectionNumber":"75F","sectionType":"section","heading":"Receipt for retained documents","content":"\t75F Receipt for retained documents\n\nIf an authorised officer retains a document under section 75E, the authorised officer must take reasonable steps to give the person who produced the document a written receipt for that document within 30 days after the document is produced.\n\nS. 75G inserted by No. 24/2024 s. 22.\n\n","sortOrder":117},{"sectionNumber":"75G","sectionType":"section","heading":"Return of produced documents","content":"\t75G Return of produced documents\n\n(1) Subject to subsection (2), an authorised officer to whom a document is produced in accordance with a production notice must take reasonable steps to return the document to the person who produced it within 30 days after it was produced.\n\n(2) If an authorised officer retains a document under section 75E, the authorised officer must take reasonable steps to return the document to the person who produced it as soon as the purpose for retaining it no longer exists.\n\n(3) Without limiting subsection (2), a purpose for retaining a document under section 75E includes—\n\n(a) an investigation is being conducted into whether a contravention of this Act has occurred; or\n\n(b) a proceeding under this Act has commenced and that proceeding (including any appeal) has not been completed.\n\nS. 75H inserted by No. 24/2024 s. 22.\n\n","sortOrder":118},{"sectionNumber":"75H","sectionType":"section","heading":"Forfeiture to the Crown","content":"\t75H Forfeiture to the Crown\n\nIf, despite taking reasonable steps to do so, an authorised officer cannot return a document that was produced in accordance with a production notice to the person who produced it, the document is forfeited to the Crown.\n\nS. 75I inserted by No. 24/2024 s. 22.\n\n","sortOrder":119},{"sectionNumber":"75I","sectionType":"section","heading":"Offence to contravene production notice","content":"\t75I Offence to contravene production notice\n\nA person who is given a production notice must not, without reasonable excuse, contravene the production notice.\n\nPenalty: 20 penalty units, in the case of a natural person;\n\n100 penalty units, in the case of a body corporate.\n\nS. 75J inserted by No. 24/2024 s. 22.\n\n","sortOrder":120},{"sectionNumber":"75J","sectionType":"section","heading":"Offence to provide false or misleading information","content":"\t75J Offence to provide false or misleading information\n\nA person who is given a production notice must not, without reasonable excuse, produce a document that contains information the person knows to be false or misleading in a material particular.\n\nPenalty: 20 penalty units, in the case of a natural person;\n\n100 penalty units, in the case of a body corporate.\n\nS. 75K inserted by No. 24/2024 s. 22.\n\n","sortOrder":121},{"sectionNumber":"75K","sectionType":"section","heading":"Protection against self-incrimination","content":"\t75K Protection against self-incrimination\n\nIt is a reasonable excuse for a natural person to refuse or fail to produce a document, or do any other thing that the person is required to do under sections 75A to 75J, if producing the document or doing the thing would tend to incriminate the person.\n\nS. 75L inserted by No. 24/2024 s. 22.\n\n","sortOrder":122},{"sectionNumber":"75L","sectionType":"section","heading":"Enforceable undertaking","content":"\t75L Enforceable undertaking\n\n(1) The Secretary may accept a written undertaking from a person who has contravened, or allegedly contravened, section 96AA(1A).\n\n(2) An undertaking under subsection (1) must—\n\n(a) be in writing; and\n\n(b) specify the conduct constituting the contravention, or alleged contravention, of section 96AA(1A).\n\n(3) A person may withdraw or vary an undertaking with the consent of the Secretary.\n\n(4) While an undertaking is in force, no civil or criminal proceeding may be commenced in relation to the conduct constituting the contravention or alleged contravention in respect of which the undertaking is given.\n\n(5) If a person withdraws an undertaking before the undertaking has been fulfilled, a civil or criminal proceeding may be commenced in relation to the conduct constituting the contravention or alleged contravention in respect of which the undertaking is given.\n\n(6) If a person complies with the requirements of an undertaking, no further civil or criminal proceeding may be commenced in relation to the conduct constituting the contravention or alleged contravention in respect of which the undertaking is given.\n\nS. 75M inserted by No. 24/2024 s. 22.\n\n","sortOrder":123},{"sectionNumber":"75M","sectionType":"section","heading":"Enforcement of undertaking","content":"\t75M Enforcement of undertaking\n\n(1) If the Secretary considers that a person who gave an undertaking under section 75L has contravened any of its terms, the Secretary may apply to the Magistrates' Court for an order under subsection (2).\n\n(2) If the Magistrates' Court is satisfied that the person has contravened a term of the undertaking, the Magistrates' Court may make any of the following orders—\n\n(a) an order directing the person to comply with the term of the undertaking;\n\n(b) an order that the person carry out any specified action for the purpose of complying with the undertaking;\n\n(c) any other order that the Magistrates' Court considers appropriate in the circumstances.\n\n(3) If a person fails to comply with an order made under subsection (2), the Secretary may give the person a written notice advising the person that the Secretary intends to carry out the specified action that remains to be carried out under the order unless the person satisfies the Secretary that the person will carry out the action within a period of time acceptable to the Secretary.\n\n(4) A person who is given a written notice under subsection (3) must respond to it within 14 days after being given the notice.\n\n(5) If a person who is given a notice under subsection (3) fails to give the Secretary a satisfactory response within 14 days after being given the notice, or fails to comply with any undertaking given to the Secretary in response to the notice, the Secretary—\n\n(a) may do any thing that is necessary or expedient to carry out the specified action that remains to be carried out under the order and that it is still practicable to carry out; and\n\n(b) may publicise the failure of the person to comply with the order.\n\n(6) Subsections (3), (4) and (5) do not prevent a finding that the person is in contempt of court for failing to comply with an order made under subsection (2).\n\n(7) If a person is found in contempt of court for failing to comply with an order made under subsection (2), the Secretary—\n\n(a) may do any thing that is necessary or expedient to carry out the specified action that remains to be carried out under the order and that it is still practicable to carry out; and\n\n(b) may publicise the failure of the person to comply with the order.\n\n(8) The Secretary may recover any reasonable cost the Secretary incurs in taking action under subsection (5) or (7) as a debt due to the Secretary and payable by the person against whom the order is made under subsection (2).\n\nS. 75N inserted by No. 24/2024 s. 22.\n\n","sortOrder":124},{"sectionNumber":"75N","sectionType":"section","heading":"Register of undertakings","content":"\t75N Register of undertakings\n\n(1) The Secretary must maintain a register of undertakings given under section 75L.\n\n(2) The Secretary must enter details of each undertaking given under section 75L in the register of undertakings.\n\n(3) The register of undertakings must include—\n\n(a) the date the undertaking was given; and\n\n(b) a copy of the undertaking.\n\n(4) A person may inspect the register of undertakings at any reasonable time without charge.\n\nNo. 6073 s. 76.\n\n","sortOrder":125},{"sectionNumber":"76","sectionType":"section","heading":"As to injuring trees on Crown lands the subject of a grazing licence","content":"\t76 As to injuring trees on Crown lands the subject of a grazing licence\n\nS. 76(1) amended by No. 96/1994 s. 55(d)(i)(ii).\n\n(1) No person shall ringbark sapring or girdle or otherwise kill destroy damage or injure any growing tree on any Crown lands the subject of a grazing licence or an agricultural licence under Division eight of Part I of the **Land Act 1958** or any corresponding previous enactment except in pursuance of a permit so to do granted under this Act.\n\nS. 76(2) amended by Nos 41/1987 s. 103(Sch. 4 item 24.84), 76/1998  \ns. 10(1)(t)(i)(ii).\n\n(2) Notwithstanding anything in any Act the Secretary or any person authorized by the Secretary in that behalf may grant in respect of any such lands or any portion thereof permits to ringbark sapring or girdle or otherwise kill or destroy growing trees thereon for such period as the Secretary considers appropriate and subject to such conditions as are contained in the permit or as in the opinion of the Secretary are necessary or expedient or as are prescribed.\n\nS. 76(3) amended by Nos 7876 s. 2(3), 10235 s. 3(i), 57/1989 s. 3(Sch. item 81.4).\n\n(3) Every person who ringbarks saprings or girdles or otherwise kills destroys damages or injures any growing tree in contravention of this section or knowingly causes or suffers the same to be done shall be liable to a penalty of not more than 1 penalty unit in respect of each tree and to pay full compensation in respect of each tree so ringbarked sapringed or girdled or otherwise killed destroyed damaged or injured at its full market value, to be determined by the Magistrates' Court.\n\nNo. 6073 s. 77.\n\n","sortOrder":126},{"sectionNumber":"77","sectionType":"section","heading":"Prohibition of cutting etc. timber etc. on certain roads without authority of Secretary","content":"\t77 Prohibition of cutting etc. timber etc. on certain roads without authority of Secretary\n\nS. 77(1) amended by Nos 9921 s. 255, 41/1987 s. 103(Sch. 4 item 24.85), 13/1990 s. 40(d), 76/1998  \ns. 10(1)(u), 12/2004 s. 158(2), 48/2004 s. 117(1), 46/2012 s. 8(1), 24/2024 s. 54(1).\n\n(1) Subject to subsection (1B), notwithstanding anything in any Act or any by‑law local law lease licence permit right or authority thereunder (but, with respect to freeways and arterial roads within the meaning of the **Road Management Act 2004**, subject to the provisions of that Act) no person shall without the authority in writing of the Secretary mark bark ringbark sapring girdle fell cut split break or otherwise kill destroy damage or injure or remove the whole or any part of any tree sapling shrub underwood or timber in or upon so much of any road as passes through or is within any State forest or is between and adjoining any State forests.\n\nS. 77(1A) inserted by No. 48/2004 s. 117(2), repealed by No. 24/2024 s. 54(2).\n\nS. 77(1B) inserted by No. 46/2012 s. 8(2).\n\n(1B) Subsection (1) does not apply to fallen or felled trees in or on a road that is in a firewood collection area, if the fallen or felled trees are cut or taken away in accordance with section 57Q(4).\n\nS. 77(2) amended by Nos 41/1987 s. 103(Sch. 4 item 24.85), 76/1998  \n\n(2) The Secretary may grant any such authority in accordance with the regulations and on payment of such fee as is prescribed.\n\nS. 77(3) amended by Nos 9416 s. 6(1), 10235 s. 3(j).\n\n(3) Every person who is guilty of any contravention of or failure to comply with this section or any such regulation shall be liable to a penalty of not more than 50 penalty units.\n\nS. 77(4) amended by Nos 9921 s. 255, 13/1990 s. 40(e), 12/2004 s. 158(3).\n\n(4) Notwithstanding anything in this or any other Act (other than the **Road Management Act 2004**) a municipal council shall have the control and management of all trees saplings shrubs underwood and timber in or upon any road (except so much of any road as passes through or is within any State forest or is between and adjoining any State forests) under the care and management of such council:\n\nS. 77(4) Proviso amended by Nos 41/1987 s. 103(Sch. 4 item 24.85), 13/1990 s. 40(f), 76/1998  \n\nProvided that if a municipal council cuts or obtains any timber in or upon so much of any such road as is on or adjoins any boundary of any State forest (not being a road between and adjoining any State forests) such timber shall be so cut or obtained and all debris resulting from the cutting or obtaining of such timber shall be burnt or otherwise disposed of to the satisfaction of the Secretary and at such time or times as the Secretary directs.\n\nS. 77(5) amended by Nos 41/1987 s. 103(Sch. 4 item 24.85), 13/1990 s. 40(f), 76/1998  \n\n(5) Notwithstanding anything in this Act, for the purposes of construction of or repairs to any road culvert or bridge, a municipal council may without payment of any royalty fee due or charge cut or obtain timber in or upon so much of any road under the care and management of such council as passes through or is within any State forest or is between and adjoining any State forests: Provided that all timber so cut or obtained shall be cut or obtained and all debris resulting from the cutting or obtaining of such timber shall be burnt or otherwise disposed of to the satisfaction of the Secretary and at such time or times as the Secretary directs.\n\nS. 77(6) amended by Nos 41/1987 s. 103(Sch. 4 item 24.85), 76/1998  \n\n(6) The Secretary may for the purposes only of protecting any State forest from fire cut and remove the whole or any part of any tree sapling shrub underwood or timber in or upon so much of any road as is on or adjoins any boundary of such State forest: Provided that nothing in this subsection shall be deemed to restrict the powers of the Secretary with respect to any part of any road which is between and adjoining any State forests.\n\nS. 77(7) inserted by No. 12/2004 s. 158(4).\n\n(7) Subsections (5) and (6) are not subject to the **Road Management Act 2004** and prevail over that Act to the extent of any inconsistency.\n\nNo. 6073 s. 78.\n\n","sortOrder":127},{"sectionNumber":"78","sectionType":"section","heading":"Power of authorised officer","content":"\t78 Power of authorised officer\n\nS. 78(1) amended by No. 41/1987 s. 103(Sch. 4 item 24.86), repealed by No. 41/1987 s. 103(Sch. 4 item 24.87).\n\nS. 78(2) amended by No. 41/1987 s. 103(Sch. 4 item 24.86).\n\n(2) If any person within a reserved forest does any act or commits any offence for which he is liable to a conviction under any Act relating to Crown lands or under any Act whatsoever providing for the punishment of offences such person may in respect of such act or offence be proceeded against by any authorised officer.\n\nS. 78(3) amended by No. 41/1987 s. 103(Sch. 4 item 24.88), repealed by No. 89/1994 s. 37.\n\nS. 78(4) amended by No. 41/1987 s. 103(Sch. 4 items 24.86, 24.89).\n\n(4) Every authorised officer shall so far as is necessary for the purpose of carrying out the provisions of this Act have all the like power and authority as is for the time being by law exercisable by persons appointed as authorised officers under the **Conservation, Forests and Lands Act 1987** for the purposes of the **Land Act 1958** in respect of any Crown lands (other than reserved forests).\n\nS. 78(5) amended by No. 41/1987 s. 103(Sch. 4 item 24.86), substituted by No. 84/2001 s. 5.\n\n(5) Every authorised officer may in the performance of his or her duties—\n\n(a) sell by auction any forest produce; and\n\n(b) for the purposes of section 53 of this Act submit licences or permits referred to in that section to public auction.\n\nNo. 6073 s. 79.\n\n","sortOrder":128},{"sectionNumber":"79","sectionType":"section","heading":"Power to direct route for removal etc. of forest produce","content":"\t79 Power to direct route for removal etc. of forest produce\n\nS. 79(1) amended by Nos 6976 s. 15(b)(i), 41/1987 s. 103(Sch. 4 item 24.90), 48/2004 s. 118(1), 24/2024 s. 55(1).\n\n(1) Any authorised officer may give directions regarding the route road or track in or by which any forest produce may be removed or taken through any part of a forest whether by land or water.\n\nS. 79(1A) inserted by No. 12/2016 s. 25.\n\n(1A) An authorised officer may give directions regarding the route, road or track by which a bee site licensee accesses the bee site licence  \narea.\n\nS. 79(2) amended by Nos 6976 s. 15(b)(ii), 41/1987 s. 103(Sch. 4 item 24.90), 48/2004 s. 118(1), 37/2014 s. 10(Sch. item 67.4), 24/2024 s. 55(2).\n\n(2) Any authorised officer or police officer may stop or detain any forest produce within the boundaries of any forest or upon any Crown land or public highway.\n\nS. 79(3) amended by Nos 7876 s. 2(3), 41/1987 s. 103(Sch. 4 item 24.90), 57/1989 s. 3(Sch. item 81.5), 48/2004 s. 118(1)(2), 37/2014 s. 10(Sch. item 67.4), 24/2024 s. 55(3).\n\n(3) Where any authorised officer or police officer has reason to believe that any forest produce has been cut removed or otherwise dealt with contrary to the provisions of this Act he may seize the same and place a distinctive brand thereon and such forest produce shall thereupon become and remain the property of the Crown unless within one month from the date of seizure the Magistrates' Court orders to the contrary and fixes the ownership. Where the Minister is of opinion that it is desirable in the public interest to at once dispose of any forest produce so seized and branded he may so order without waiting for any order of the court.\n\nS. 79(4) amended by No. 7876 s. 2(3), repealed by No. 41/1987 s. 103(Sch. 4 item 24.91).\n\nS. 79(5) amended by Nos 48/2004 s. 118(1), 68/2009 s. 97(Sch. item 60.1), repealed by No. 46/2012 s. 9(1).\n\nS. 79(6) amended by Nos 41/1987 s. 103(Sch. 4 item 24.92), 48/2004 s. 118(1), substituted by No. 46/2012 s. 9(2), amended by No. 24/2024 s. 55(4).\n\n(6) A person must not remove or take any forest produce through or from any forest contrary to any direction given under subsection (1).\n\nS. 79(6A) inserted by No. 46/2012 s. 9(2), amended by No. 24/2024 s. 55(5).\n\n(6A) A person must not, without the authority in writing of an authorised officer, remove or take any forest produce from any forest—\n\n(a) after 30 minutes after sunset on any day; or\n\n(b) before 30 minutes before sunrise on any day.\n\nS. 79(7) inserted by No. 48/2004 s. 118(3), repealed by No. 24/2024 s. 55(6).\n\nNo. 6073 s. 80.\n\nS. 80 amended by No. 6976 s. 16(a).\n\n","sortOrder":129},{"sectionNumber":"80","sectionType":"section","heading":"Payment of dues and charges","content":"\t80 Payment of dues and charges\n\nS. 80(1) amended by Nos 41/1987 s. 103(Sch. 4 item 24.93), 37/2014 s. 10(Sch. item 67.4).\n\n(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.\n\nS. 80(2) inserted by No. 6976 s. 16(b), amended by Nos 41/1987 s. 103(Sch. 4 item 24.94), 76/1998  \n\n(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.\n\nS. 80(3) inserted by No. 48/2004 s. 119, repealed by No. 24/2024 s. 56(1).\n\nS. 80(4) inserted by No. 48/2004 s. 119, repealed by No. 24/2024 s. 56(2).\n\nNo. 6073 s. 81.\n\nS. 81 amended by Nos 7876 s. 2(3), 57/1989 s. 3(Sch. item 81.6), 81/1989 s. 3(Sch. item 17.3).\n\n","sortOrder":130},{"sectionNumber":"81","sectionType":"section","heading":"Unbranded forest produce to be deemed to belong to Crown","content":"\t81 Unbranded forest produce to be deemed to belong to Crown\n\nAll forest produce unbranded or from or on which the brands have been accidentally obliterated altered or defaced by fire or otherwise and which is found adrift on any waterway or lying unclaimed in any State forest shall be deemed to be the property of the Crown unless any person within three months from the time of the Crown taking possession of such forest produce proves his right and title thereto. All claims of ownership to such forest produce shall be decided by the Magistrates' Court.\n\nNo. 6073 s. 82.\n\nS. 82 amended by No. 48/2004 s. 120 (ILA s. 39B(1)).\n\n","sortOrder":131},{"sectionNumber":"82","sectionType":"section","heading":"Presumption as to ownership of forest produce","content":"\t82 Presumption as to ownership of forest produce\n\nS. 82(1) amended by No. 46/2012 s. 10(1).\n\n(1) In any proceedings under this Act with respect to any forest produce other than timber, such forest produce shall until the contrary is shown be deemed to be the property of the Crown.\n\nS. 82(1A) inserted by No. 46/2012 s. 10(2).\n\n(1A) In any proceedings under this Act with respect to forest produce that is timber, the forest produce is, in the absence of evidence to the contrary, taken to be the property of the Crown.\n\nS. 82(2) inserted by No. 48/2004 s. 120, repealed by No. 24/2024 s. 57(1).\n\nS. 82(3) inserted by No. 48/2004 s. 120, repealed by No. 24/2024 s. 57(2).\n\nNo. 6073 s. 83.\n\nS. 83 amended by Nos 41/1987 s. 103(Sch. 4 item 24.95), 57/1989 s. 3(Sch. item 81.7(a)(b)), 48/2004 s. 121(a)(b), 46/2012 s. 11 (ILA s. 39B(1)), 37/2014 s. 10(Sch. item 67.4).\n\n","sortOrder":132},{"sectionNumber":"83","sectionType":"section","heading":"Search warrant for secreted forest produce","content":"\t83 Search warrant for secreted forest produce\n\nS. 83(1) amended by Nos 37/2014 s. 10(Sch. item 67.4), 6/2018 s. 68(Sch. 2 item 58.2), 24/2024 s. 58.\n\n(1) On the evidence on oath or by affirmation or by affidavit of any authorised officer or police officer stating his belief that forest produce, liable to the payment of any royalty fees dues or charges under this Act, is secreted in any place other than a forest the Magistrates' Court may issue a warrant to search for such forest produce.\n\nS. 83(2) inserted by No. 46/2012 s. 11, amended by Nos 37/2014 s. 10(Sch. item 67.4), 6/2018 s. 68(Sch. 2 item 58.2).\n\n(2) On the evidence on oath or by affirmation or by affidavit of any authorised officer or police officer stating his or her belief that timber that has been cut, removed or otherwise dealt with contrary to the provisions of this Act are secreted in any place other than a forest the Magistrates' Court may issue a warrant to search for such timber.\n\nNo. 6073 s. 84.\n\nS. 84 amended by Nos 41/1987 s. 103(Sch. 4 items 24.96, 24.97), 76/1998  \ns. 10(1)(u), 19/2018 s. 130, 42/2021 s. 83.\n\n","sortOrder":133},{"sectionNumber":"84","sectionType":"section","heading":"Restriction on dealings by authorised officers","content":"\t84 Restriction on dealings by authorised officers\n\nNo authorised officer or other person appointed or employed by the Secretary, Parks Victoria or the Great Ocean Road Coast and Parks Authority shall as principal or agent trade in any forest produce or become beneficially interested in any lease or licence of any land within any forest or in any permit or other authority or in any contract for working any forest produce in any forest.\n\nNo. 6073 s. 85.\n\nS. 85 amended by Nos 41/1987 s. 103(Sch. 4 item 24.98), 76/1998  \ns. 10(1)(u), 19/2018 s. 131.\n\n","sortOrder":134},{"sectionNumber":"85","sectionType":"section","heading":"Agistment fees chargeable for cattle in reserved forest","content":"\t85 Agistment fees chargeable for cattle in reserved forest\n\nThe owner of all cattle found depasturing within any part of a reserved forest not held or occupied by such owner under a grazing lease or licence or permit under this Act or any corresponding previous enactment shall be charged therefor by the land manager agistment fees at such rates as may be prescribed.\n\nSs 86, 87 repealed.[[7]](#endnote-8)\n\nNo. 6073 s. 88.\n\n","sortOrder":135},{"sectionNumber":"88","sectionType":"section","heading":"Penalty for unauthorised occupation or depasturing on reserved forests","content":"\t88 Penalty for unauthorised occupation or depasturing on reserved forests\n\nS. 88(1) amended by Nos 6976 s. 17(a)(i)–(iii), 10235 s. 3(k)(i)–(iii).\n\n(1) Every person who is found in unauthorized occupation of any reserved forest or any part thereof or who knowingly and wilfully depastures any cattle thereon without authority in that behalf shall be liable to the penalties following (that is to say): For the first offence not more than 2 penalty units, for the second offence after an interval of fourteen clear days from the date of the previous conviction not more than 4 penalty units, and for any subsequent offence after a like interval not more than 9 penalty units.\n\nS. 88(2) amended by No. 41/1987 s. 103(Sch. 4 item 24.101).\n\n(2) On the conviction of any person for an offence against this section any authorised officer may when so authorized by the Minister take all such steps as are necessary to dispossess the offender from and recover possession of the land of which he has been in unauthorized occupation.\n\nS. 88(3) amended by No. 41/1987 s. 103(Sch. 4 item 24.101).\n\n(3) Whether such person is or is not prosecuted under this section all or any buildings fences or improvements erected or made or occupied or used by him without lawful authority or permission may forthwith be taken possession of for the Crown or removed by any authorised officer.\n\nNo. 6073 s. 89.\n\n","sortOrder":136},{"sectionNumber":"89","sectionType":"section","heading":"Unbranded wild cattle to belong to Crown","content":"\t89 Unbranded wild cattle to belong to Crown\n\nS. 89(1) amended by Nos 6976 s. 17(b), 9615 s. 8(a)(b), 41/1987 s. 103(Sch. 4 item 24.102), 76/1998  \ns. 10(1)(u), 19/2018 s. 132.\n\n(1) All unbranded wild cattle at any time depasturing on any reserved forest and having no reputed or apparent owner shall be and be deemed and taken to be the property of the Crown; and it shall be lawful for the land manager to cause the same to be sold or disposed of in such a manner as the Governor in Council directs.\n\nS. 89(2) amended by Nos 6976 s. 17(b), 41/1987 s. 103(Sch. 4 item 24.102), 76/1998  \ns. 10(1)(u), 19/2018 s. 132.\n\n(2) The purchaser of any such cattle on obtaining the written authority of the land manager for that purpose shall be at liberty, within such time and in such a manner as is mentioned in such authority with necessary and proper assistance to shoot or take possession of such cattle, and for that purpose may enter upon any reserved forest where the same may be depasturing.\n\nS. 90  \nrepealed by No. 7835 s. 8.\n\nNo. 6073 s. 91.\n\nS. 91 (Heading) inserted by No. 24/2006 s. 6.1.2(Sch. 7 item 19.1(a)).\n\nS. 91 amended by Nos 9993 s. 20(1)(a)(b), 46/1998  \ns. 7(Sch. 1), 24/2006 s. 6.1.2(Sch. 7 item 19.1(b)–(d)), 58/2007 s. 53, 38/2021 s. 22.\n\n","sortOrder":137},{"sectionNumber":"91","sectionType":"section","heading":"Plantations for Government schools","content":"\t91 Plantations for Government schools\n\nWhere the Department of Education and Training has arranged for the establishment of plantations of forest trees and plants (whether on lands vested in the Minister administering the **Education and Training Reform Act 2006** or otherwise) and the planting and care thereof by Government School pupils and teachers and members of school councils under the **Education and Training Reform Act 2006**, or in any cases where such school councils are committees of management of Government School forest plantations under section 92—\n\nS. 91(a) amended by Nos 9549 s. 2(1)(Sch. item 67), 41/1987 s. 103(Sch. 4 item 24.103), 46/1998  \ns. 7(Sch. 1), 76/1998  \ns. 10(1)(u), 24/2006 s. 6.1.2(Sch. 7 item 19.1(b)), 58/2007 s. 53, 38/2021 s. 22.\n\n(a) the Secretary may provide from the nurseries of the Secretary, free of cost, trees plants and seedlings for use in connexion with such plantations under such conditions as are agreed upon by the Secretary and the Secretary to the Department of Education and Training;\n\nS. 91(b) amended by Nos 9549 s. 2(1)(Sch. item 67), 9861 s. 3(1), 41/1987 s. 103(Sch. 4 item 24.103), 31/1994 s. 3(Sch. 1 item 30.2), 46/1998  \ns. 7(Sch. 1), 76/1998  \ns. 10(1)(u), 24/2006 s. 6.1.2(Sch. 7 item 19.1(b)), 58/2007 s. 53, 38/2021 s. 22.\n\n(b) there may, notwithstanding anything in this Act, be paid out of the moneys available for the purpose any sums (not exceeding in the aggregate in all cases the sum of $1000[[8]](#endnote-9) in any one year) towards meeting the cost of obtaining materials required to be used in the initial establishment of such plantations, and such sums may be expended for that purpose in such manner as is agreed upon by the Secretary and the Secretary to the Department of Education and Training; and\n\nS. 91(c) amended by No. 13/1990 s. 40(i)–(k).\n\n(c) any municipal council may apply any portion of the municipal fund of the municipal council for the purposes of any such plantation situate within the municipal district of the municipal council or, with the consent of the Governor in Council, may apply any portion of the said fund for the purposes of any such plantation situate outside the said municipal district.\n\nNo. 6073 s. 92.\n\nS. 92 (Heading) inserted by No. 24/2006 s. 6.1.2(Sch. 7 item 19.2(a)).\n\n","sortOrder":138},{"sectionNumber":"92","sectionType":"section","heading":"Management of Government school plantation","content":"\t92 Management of Government school plantation\n\nS. 92(1) amended by Nos 6547 s. 2, 9212 s. 2(2), substituted by No. 9993 s. 20(2)(a), amended by No. 24/2006 s. 6.1.2(Sch. 7 item 19.2(b)).\n\n(1) Notwithstanding anything to the contrary in section 14 of the **Crown Land (Reserves) Act 1978**, in the case of any lands which are reserved pursuant to section 4 of that Act for the purpose of a Government school forest plantation the school council of the Government school shall be the committee of management of those lands for the purposes of that Act.\n\nS. 92(2) substituted by No. 9993 s. 20(2)(a), amended by Nos 41/1987 s. 103(Sch. 4 items 24.104, 24.105), 76/1998  \ns. 10(1)(u), 24/2006 s. 6.1.2(Sch. 7 item 19.2(b)).\n\n(2) The Secretary may set aside for the purpose of a Government school forest plantation any portion of a reserved forest, and where the Secretary does so the school council of the Government school shall be the committee of management of that portion of the reserved forest for the purposes of this Act.\n\nS. 92(3) amended by Nos 9212 s. 2(2), 9993 s. 20(2)(b).\n\n(3) Notwithstanding anything in the **Crown Land (Reserves) Act 1978** or this Act any school council which is a committee of management pursuant to subsection (1) or (2) (as the case may be) in addition to its powers under the **Crown Land (Reserves) Act 1978** or this Act (as the case may be), may—\n\n(a) sell or otherwise dispose of or arrange for the sale or disposal of the timber produced from such forest plantation; and\n\nS. 92(3)(b) amended by Nos 46/1998  \ns. 7(Sch. 1), 24/2006 s. 6.1.2(Sch. 7 item 19.2(c)).\n\n(b) expend the proceeds thereof for such school purposes as are approved by the Minister administering Part 2.3 of the **Education and Training Reform Act 2006**.\n\nS. 92(4) amended by Nos 41/1987 s. 103(Sch. 4 item 24.104), 76/1998  \n\n(4) On the recommendation of the Secretary the Governor in Council may make regulations for or with respect to—\n\n(a) the inspection of such forest plantations or of any plantations of forest trees and plants established under the last preceding section of this Act;\n\n(b) the thinning and cutting down of trees in any such plantations; and\n\n(c) generally, all things necessary or convenient to be prescribed for carrying into effect the purposes of this section.\n\nS. 92(5) inserted by No. 9993 s. 20(2)(c) (as amended by No. 10087 s. 3(1)(Sch. 1 item 42)), amended by No. 24/2006 s. 6.1.2(Sch. 7 item 19.2(d)).\n\n(5) In this section and in section 91, ***school council*** means a school council constituted under Part 2.3 of the **Education and Training Reform Act 2006**.\n\nS. 93  \nrepealed by No. 6976 s. 18.\n\nNo. 6073 s. 93.\n\n","sortOrder":139},{"sectionNumber":"94","sectionType":"section","heading":"Returns by saw-millers","content":"\t94 Returns by saw-millers\n\nS. 94(1) amended by Nos 41/1987 s. 103(Sch. 4 item 24.106), 76/1998  \n\n(1) Whenever required by the Secretary or by any person thereto authorized in writing by the Secretary (either generally or in any particular case) the owner of every sawmill shall furnish in the prescribed manner such information and particulars as are required from him concerning the intake and the output of timber of all classes and species from such sawmill.\n\n(2) Every owner of a saw-mill aforesaid shall forthwith fill up any form sent to or left with or for him for the purposes of this section.\n\n(3) Any owner of a sawmill aforesaid who in contravention of this section—\n\n(a) refuses or fails to forthwith furnish information and particulars when required to do so pursuant to this section;\n\n(b) fails or refuses to forthwith fill up any form sent to or left with or for him for the purposes of this section; or\n\n(c) furnishes information or particulars which is or are not correct—\n\nshall be guilty of an offence against this Act.\n\nS. 94(4) amended by Nos 41/1987 s. 103(Sch. 4 item 24.106), 76/1998  \n\n(4) The forms which are required to be filled in for the purposes of this section shall from time to time be prepared by the Secretary and approved by the Governor in Council.\n\nS. 94(5) inserted by No. 6976 s. 19.\n\n(5) For the purpose of this section ***owner of a sawmill*** means owner of any business in which by any industrial operation timber whether obtained from a State forest or elsewhere in Victoria is fashioned or converted in or from the log (except into fire-wood) and ***sawmill*** means machine sawmill factory or premises by which or in which any such timber is so fashioned or converted.\n\nS. 94A inserted by No. 7205 s. 4, amended by Nos 7332 s. 2(Sch. 1 item 23), 7340 s. 3, S.R. No. 258/1974 reg. 11(a)(b), Nos 8587 s. 9(1)–(7), 8892  \ns. 2(a)–(c), 9549 s. 2(1)(Sch. item 63), 9861 s. 3(1), repealed by No. 41/1987 s. 103(Sch. 4 item 24.107).[[9]](#endnote-10)\n\nS. 94B inserted by No. 9416 s. 7, repealed by No. 41/1987 s. 103(Sch. 4 item 24.107).\n\nNo. 6073 s. 94.\n\n","sortOrder":140},{"sectionNumber":"95","sectionType":"section","heading":"Powers of entry by authorized officers etc.","content":"\t95 Powers of entry by authorized officers etc.\n\nS. 95(1) amended by Nos 6976 s. 20, 41/1987 s. 103(Sch. 4 item 24.108), 76/1998  \n\n(1) The Secretary shall for the purposes of this Act and the regulations thereunder have power by itself or any of its officers or any person (authorized by the Secretary in writing either generally or in any particular case) together with such workmen vehicles and equipment as the Secretary or any such officer or person deems necessary to enter at any time into and upon any building or land for the purposes of—\n\nS. 95(1)(a) amended by Nos 41/1987 s. 103(Sch. 4 item 24.108), 76/1998  \n\n(a) executing any work or exercising any power or making any inspection authorized to be executed exercised or made by the Secretary or any such officer or person under this Act or the regulations thereunder;\n\n(b) ascertaining whether the provisions of this Act and regulations with respect to the prevention or extinguishing of fires are being complied with; or\n\n(c) taking or directing to be taken all lawful steps for preventing or extinguishing fires:\n\nS. 95(1) Proviso amended by Nos 41/1987 s. 103(Sch. 4 item 24.108), 76/1998  \n\nProvided that except so far as the purposes mentioned in paragraphs (b) and (c) of this subsection are concerned the Secretary or any such officer or person shall not make any such entry upon occupied premises unless with the consent of the occupier until after the expiration of twenty-four hours' notice of intention to enter given to the occupier.\n\nS. 95(2) amended by Nos 10235 s. 3(l), 41/1987 s. 103(Sch. 4 item 24.108), 76/1998  \n\n(2) Every person who at any time obstructs the Secretary or any such officer or person in the performance of anything which the Secretary or such officer or person is empowered to do under this section shall be liable to a penalty of not more than 10 penalty units.\n\nS. 95A inserted by No. 48/2004 s. 122.\n\n","sortOrder":141},{"sectionNumber":"95A","sectionType":"section","heading":"Requirement to give name and address","content":"\t95A Requirement to give name and address\n\n(1) If an authorised officer believes on reasonable grounds that a person has committed or is committing an offence against this Act or the regulations, the officer may ask the person to state his or her name and ordinary place of residence or business.\n\n(2) In making a request under subsection (1), the authorised officer must inform the person of the grounds for the authorised officer's belief that the person has committed or is committing the offence.\n\nS. 95A(3) amended by No. 24/2024 s. 23(1).\n\n(3) A person must not, in response to a request under subsection (1)—\n\n(a) refuse or fail to comply with the request without a reasonable excuse for doing so; or\n\n(b) state a name that is false in a material detail; or\n\n(c) state an address that is not the full and correct address of his or her ordinary place of residence or business.\n\n1. 20 penalty units.\n\n(4) If a person states a name and address in response to a request under subsection (1) and the authorised officer suspects on reasonable grounds that the stated name and address may be false, the officer may request the person to produce evidence of the correctness of the name and address.\n\nS. 95A(5) amended by No. 24/2024 s. 23(2).\n\n(5) A person to whom a request under subsection (4) is made must comply with the request, unless he or she has a reasonable excuse for not doing so.\n\n1. 20 penalty units.\n\n(6) It is not an offence for a person to fail to comply with a request under subsection (1) or (4)—\n\n(a) if the authorised officer did not inform the person, at the time the request was made, that it is an offence to fail to comply with the request; or\n\n(b) if the authorised officer did not identify himself or herself in accordance with section 95B before making the request.\n\nS. 95B inserted by No. 48/2004 s. 122.\n\n","sortOrder":142},{"sectionNumber":"95B","sectionType":"section","heading":"Authorised officers must identify themselves","content":"\t95B Authorised officers must identify themselves\n\nAn authorised officer must produce proof of his or her identity and official status—\n\n(a) before exercising a power under section 95A; and\n\n(b) at any time during the exercise of a power under section 95A, if asked to do so.\n\nS. 95C inserted by No. 48/2004 s. 122.\n\n","sortOrder":143},{"sectionNumber":"95C","sectionType":"section","heading":"Power to remove abandoned goods","content":"\t95C Power to remove abandoned goods\n\n(1) An authorised officer may remove, or cause the removal of, any goods which the authorised officer reasonably believes have been abandoned in a State forest.\n\n(2) Subject to subsection (3), an authorised officer must store the goods referred to in subsection (1) in a safe place and manner for not less than 28 days.\n\n(3) An authorised officer may remove and immediately destroy or dispose of goods referred to in subsection (1) if—\n\n(a) the goods are perishable; or\n\n(b) the goods are dangerous.\n\n(4) Nothing in this section affects the operation of any other Act or law affecting the removal, destruction or disposal of goods.\n\nOther legislation of the State and Commonwealth may deal with the disposal of goods for example, the **Dangerous Goods Act 1985**.\n\nS. 95D inserted by No. 48/2004 s. 122.\n\n","sortOrder":144},{"sectionNumber":"95D","sectionType":"section","heading":"Owner to be sought and goods returned","content":"\t95D Owner to be sought and goods returned\n\n(1) An authorised officer must make reasonable enquiries to ascertain the rightful owner of goods removed and stored under section 95C before the end of 7 days after those goods are stored.\n\n(2) If the rightful owner of the goods is ascertained, the authorised officer must take reasonable steps to notify the rightful owner as to when and from where the goods can be collected.\n\n(3) The rightful owner of goods removed and stored under section 95C may apply at the office of the authorised officer who removed the goods for the return of those goods before they are dealt with under section 95E.\n\nS. 95E inserted by No. 48/2004 s. 122.\n\n","sortOrder":145},{"sectionNumber":"95E","sectionType":"section","heading":"What if goods are not collected or claimed?","content":"\t95E What if goods are not collected or claimed?\n\n(1) An authorised officer may dispose of goods removed and stored under section 95C in any manner he or she thinks fit if—\n\n(a) those goods are not collected or claimed within a reasonable time after the rightful owner has been notified under section 95D(2); or\n\n(b) the rightful owner cannot be found.\n\n(2) If goods removed and stored under section 95C are disposed of by sale, the proceeds of the sale must be paid into the Consolidated Fund.\n\nS. 95F inserted by No. 48/2004 s. 122.\n\n","sortOrder":146},{"sectionNumber":"95F","sectionType":"section","heading":"Power to seize items","content":"\t95F Power to seize items\n\nS. 95F(1) amended by No. 24/2024 s. 24.\n\n(1) If an authorised officer believes on reasonable grounds that a person has committed, is committing or is about to commit an offence against this Act or the regulations, the authorised officer may seize any item that the authorised officer believes on reasonable grounds has been used, is being used or is about to be used by that person in the commission of the offence.\n\n(2) If an authorised officer seizes an item under this section, the authorised officer must immediately give the person a written receipt for the item seized indicating—\n\n(a) the nature of the item seized; and\n\n(b) the date and time that the authorised officer took possession of the item; and\n\n(c) the name of the authorised officer who seized the item and the address where the item will be held.\n\nS. 95G inserted by No. 48/2004 s. 122.\n\n","sortOrder":147},{"sectionNumber":"95G","sectionType":"section","heading":"Return of seized items","content":"\t95G Return of seized items\n\n(1) An authorised officer who seizes an item under section 95F must—\n\n(a) as soon as practicable after seizing the item, inform the person from whom the item was seized of that person's right to have it returned; and\n\n(b) ensure that the item is returned to the person from whom it was seized within 90 days after the date on which it was seized.\n\n(2) A person from whom an item was seized may apply at the office of the authorised officer who seized the item for its return within 90 days after it was seized.\n\n(3) This section does not apply if proceedings for an offence against the Act or the regulations in relation to which the item was seized have been commenced within 90 days of the item being seized.\n\nS. 95H inserted by No. 48/2004 s. 122.\n\n","sortOrder":148},{"sectionNumber":"95H","sectionType":"section","heading":"Recovery of seized item and compensation","content":"\t95H Recovery of seized item and compensation\n\nIf an item seized under section 95F has not been returned to the person from whom it was seized, and—\n\n(a) proceedings are not instituted for an offence against this Act or the regulations in relation to the seized item within 90 days of the seizure; or\n\nS. 95H(b) amended by No. 68/2009 s. 97(Sch. item 60.2)\n\n(b) after proceedings have been instituted and completed, the accused is not found guilty—\n\nthe person from whom the item was seized is entitled to recover the seized item, or, if it has been destroyed, compensation equal to the market value of the item at the time of the seizure.\n\nS. 95I inserted by No. 48/2004 s. 122.\n\n","sortOrder":149},{"sectionNumber":"95I","sectionType":"section","heading":"Forfeiture to Crown","content":"\t95I Forfeiture to Crown\n\n(1) An item seized under section 95F that is not returned to the person from whom it was seized within 12 months after being so seized is forfeited to the Crown.\n\n(2) If any seized item is forfeited to the Crown under subsection (1)—\n\n(a) the Minister may direct that it be disposed of in any manner that the Minister thinks fit; and\n\n(b) if it is sold, the proceeds of the sale must be paid into the Consolidated Fund.\n\nS. 95J inserted by No. 48/2004 s. 122.\n\n","sortOrder":150},{"sectionNumber":"95J","sectionType":"section","heading":"Court may order forfeiture to the Crown","content":"\t95J Court may order forfeiture to the Crown\n\n(1) A court which finds a person guilty of an offence against this Act or the regulations may order that any item used in the commission of the offence be forfeited to the Crown.\n\n(2) If an item is forfeited to the Crown under subsection (1)—\n\n(a) the Minister may direct that the item be disposed of in any manner that the Minister thinks fit; and\n\n(b) if the Minister directs that the item is to be disposed of by sale, the proceeds of the sale must be paid into the Consolidated Fund.\n\nNo. 6073 s. 95.\n\nS. 96 amended by Nos 9416 s. 6(2), 10235 s. 3(m).\n\n","sortOrder":151},{"sectionNumber":"96","sectionType":"section","heading":"Offences","content":"\t96 Offences\n\nEvery person who commits or attempts to commit or aids or abets any person who commits or attempts to commit any of the following offences shall be liable to imprisonment for a term of not more than one year or to a penalty of not more than 50 penalty units, or to both such imprisonment and penalty—\n\nS. 96(a) amended by No. 41/1987 s. 103(Sch. 4 item 24.111).\n\n(a) counterfeits upon any tree or timber or unlawfully affixes to any forest produce a mark used by authorised officers to indicate that such produce is the property of the Crown or that it may be lawfully cut or removed;\n\nS. 96(b) amended by No. 41/1987 s. 103(Sch. 4 item 24.111).\n\n(b) without due authority makes or causes to be made or uses or causes to be used or has in his possession a brand or stamp which resembles or purports to be a brand or stamp such as is usually used by authorised officers to indicate that forest produce is the property of the Crown or that it may be lawfully cut or removed;\n\n(c) counterfeits or without due authority issues any licence permit or order for the cutting removal or sale of forest produce;\n\nS. 96(d) amended by Nos 41/1987 s. 103(Sch. 4 item 24.109), 76/1998  \ns. 10(1)(u), 19/2018 s. 133.\n\n(d) unlawfully alters obliterates defaces pulls up removes or destroys any boundary mark or any stamp mark sign licence permit or order used or issued by any officer or person appointed or employed by the land manager;\n\nS. 96(e) amended by No. 8587 s. 10(a).\n\n(e) unlawfully cuts breaks throws down or in anywise destroys or damages any building barrier or fence of any description whatsoever or any wall stile or gate or any part thereof respectively in or enclosing any forest or who unlawfully cuts through or breaks down or otherwise destroys the bank dam or wall or any part of any lake or any natural or artificial reservoir or pond of water within or partly within and adjoining any forest;\n\nS. 96(f) amended by Nos 41/1987 s. 103(Sch. 4 items 24.110, 24.112), 48/2004 s. 123(1)(a)(b).\n\n(f) corrupts or attempts to corrupt by promises offers gifts or presents any authorised officer for the purpose of obtaining a favourable report recommendation certificate valuation or royalty assessment whether in respect of any place employment sale auction lease licence permit authority or any other benefit whatsoever, or for the purpose of obtaining abstention on the part of any authorised officer from any act which forms part of his duties or refuses or fails to comply with any lawful direction of an authorised officer;\n\nS. 96(g) amended by No. 41/1987 s. 103(Sch. 4 items 24.110, 24.113).\n\n(g) being an authorised officer accepts any bribe or receives any gift or present in connexion with the performance of the functions of his office;\n\nS. 96(h) substituted by No. 40/2009 s. 22.\n\n(h) does or causes to be done any act, matter or thing (that is not an act, matter or thing to which section 57E applies), for which a licence (other than a tour operator licence) or permit may be issued under this Act, without that licence (other than a tour operator licence) or permit;\n\nS. 96(i) amended by No. 41/1987 s. 103(Sch. 4 item 24.110).\n\n(i) without the written authority of an authorised officer removes from any area or from any lands within any State forest any timber or forest produce without previously paying the proper royalty or fee due thereon;\n\n(j) cuts splits fells obtains or removes any forest produce on or from any lands within any forest or on or from any portion of any forest not specified in any licence or permit issued to him under the provisions of this Act;\n\nS. 96(k) amended by Nos 41/1987 s. 103(Sch. 4 item 24.110), 48/2004 s. 123(2), 24/2024 s. 59(1).\n\n(k) removes from any forest without the written authority of an authorised officer any timber before the same has been branded by an authorised officer;\n\nS. 96(l) amended by Nos 41/1987 s. 103(Sch. 4 item 24.110), 74/2000 s. 3(Sch. 1 item 52.7).\n\n(l) furnishes an authorised officer with a false or incorrect statement of any forest produce cut split felled or removed by him or by any agent or employee of his on which royalties dues or charges are payable to the Crown;\n\nS. 96(m) amended by Nos 48/2004 s. 123(3), 24/2024 s. 59(2).\n\n(m) under cover of a miner's right within any forest cuts splits fells obtains or removes any timber for sale;\n\nS. 96(n) amended by Nos 48/2004 s. 123(4), 24/2024 s. 59(3).\n\n(n) marks barks ringbarks saprings girdles fells or otherwise kills destroys damages or injures any tree or plant contrary to the provisions of this Act or any regulation;\n\nS. 96(o) amended by No. 41/1987 s. 103(Sch. 4 item 24.110).\n\n(o) is found in possession of any forest produce without having been authorised by an authorised officer to cut or remove the same;\n\nS. 96(p) amended by No. 41/1987 s. 103(Sch. 4 item 24.110).\n\n(p) without being authorized by an authorised officer deposits or causes to be deposited in any reserved forest any waste products or refuse matter of farms or dairies or otherwise or any night-soil manure or rubbish or the carcass of any dead cattle;\n\nS. 96(q) inserted by No. 8587 s. 10(b), amended by Nos 41/1987 s. 103(Sch. 4 item 24.109), 76/1998  \ns. 10(1)(u), 19/2018 s. 133.\n\n(q) drives a vehicle upon any road track tramway or other work constructed or maintained by the land manager which is closed for use by the public.\n\nS. 96AA inserted by No. 38/2021 s. 13.\n\n\t96AA Offence to cut etc. timber in a State forest\n\n(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).\n\nA person involved in the commission of an offence may be taken to have committed that offence: see section 324 of the **Crimes Act 1958**.\n\nS. 96AA(1A) inserted by No. 24/2024 s. 25(1).\n\n(1A) A person must not cut, split, fell, obtain, remove or take any timber in a State forest for the primary purpose of the sale or the processing and sale of the timber, except as set out in subsection (2)(a) or (b).\n\nPenalty: In the case of a natural person, 120 penalty units;\n\nIn the case of a body corporate, 600 penalty units.\n\nA person involved in the commission of an offence may be taken to have committed that offence: see section 324 of the Crimes Act 1958.\n\n(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—\n\n(a) a lease, licence, permit or authorisation made, issued, granted or otherwise provided for under this or any other Act;\n\n(b) the regulations or regulations made under any other Act;\n\nS. 96AA (2)(c)(d) repealed by No. 24/2024 s. 60(1).\n\n(e) the provisions of this Act relating to the collection of firewood for domestic use (sections 57O to 57ZF).\n\nS. 96AA(3) substituted by No. 24/2024 s. 60(2).\n\n(3) Subsections (1) and (1A) apply to any timber in a State forest whether or not that timber is owned by or vested in the Crown.\n\nS. 96AA(3A) inserted by No. 24/2024 s. 25(2).\n\n(3A) A proceeding for an offence against subsection (1A) may be commenced not later than 3 years after the date on which the offence is alleged to have been committed.\n\nS. 96AA(4) repealed by No. 24/2024 s. 60(3).\n\nS. 96A inserted by No. 48/2004 s. 124, amended by No. 24/2024 s. 26.\n\n","sortOrder":152},{"sectionNumber":"96A","sectionType":"section","heading":"Offence to hinder or obstruct an authorised officer","content":"\t96A Offence to hinder or obstruct an authorised officer\n\nA person must not, without reasonable excuse, hinder or obstruct an authorised officer who is exercising that authorised officer's duties or powers under this Act or the regulations.\n\n1. 120 penalty units or imprisonment for 12 months.\n\nS. 96B inserted by No. 48/2004 s. 124, amended by No. 24/2024 s. 27.\n\n","sortOrder":153},{"sectionNumber":"96B","sectionType":"section","heading":"Offence to threaten or abuse an authorised officer","content":"\t96B Offence to threaten or abuse an authorised officer\n\nA person must not threaten or abuse an authorised officer who is exercising that authorised officer's duties or powers under this Act or the regulations.\n\n1. 120 penalty units or imprisonment for 12 months.\n\nS. 96C inserted by No. 62/2010 s. 120, amended by No. 4/2013 s. 33(5), repealed by No. 67/2016 s. 31(2).\n\nS. 96D inserted by No. 46/2012 s. 12.\n\n","sortOrder":154},{"sectionNumber":"96D","sectionType":"section","heading":"Offences not to apply for cutting or taking away fallen or felled trees for domestic use as firewood","content":"\t96D Offences not to apply for cutting or taking away fallen or felled trees for domestic use as firewood\n\n(1) Section 96(h), (j), (k) and (o) do not apply to a person if the person cuts or takes away fallen or felled trees in accordance with section 57Q(4).\n\n(2) Section 96(o) does not apply to a person in possession of forest produce that is fallen or felled trees if the fallen or felled trees were cut or taken away by a nominee of the person in accordance with section 57Q(4).\n\nS. 96E inserted by No. 53/2014 s. 10.\n\n","sortOrder":155},{"sectionNumber":"96E","sectionType":"section","heading":"Certain offences not to apply if acting under and in accordance with levee maintenance permit","content":"\t96E Certain offences not to apply if acting under and in accordance with levee maintenance permit\n\n(1) Section 96(h) does not apply to a person if the person cuts or digs forest produce without a licence issued under section 52 for the purpose referred to in subsection (1A)(e) or (f) or (1B)(a) or (b) of that section while acting under and in accordance with a levee maintenance permit within the meaning of the **Water Act 1989**.\n\n(2) Section 96(j) does not apply to a person in respect of the cutting, splitting or felling of forest produce by that person without a licence issued under section 52 for the purpose referred to in subsection (1A)(e) or (1B)(a) of that section while acting under and in accordance with a levee maintenance permit within the meaning of the **Water Act 1989**.\n\n(3) Section 96(o) does not apply to a person in respect of the cutting of forest produce by that person if the person cuts forest produce under and in accordance with a levee maintenance permit within the meaning of the **Water Act 1989**.\n\nS. 96F inserted by No. 53/2014 s. 10.\n\n","sortOrder":156},{"sectionNumber":"96F","sectionType":"section","heading":"Offence to construct, remove, alter, or carry out maintenance on, a levee within reserved forest","content":"\t96F Offence to construct, remove, alter, or carry out maintenance on, a levee within reserved forest\n\n(1) A person must not—\n\n(a) construct, remove or alter a levee within reserved forest; or\n\n(b) carry out maintenance on a levee within reserved forest.\n\nPenalty: Level 8 imprisonment (12 months maximum) or a level 8 fine (120 penalty units maximum) or both.\n\n(2) Subsection (1)(a) and (b) do not apply to a person if the person constructs, removes, alters, or carries out maintenance on, a levee—\n\n(a) in the performance of a function under this Act or the regulations; or\n\n(b) that the person is authorised under this Act or the regulations to construct, remove, alter or carry out maintenance on in the performance of a function under another Act or regulations made under another Act.\n\nS. 96F(2A) inserted by No. 43/2015 s. 36.\n\n(2A) Subsection (1)(a) does not apply to a person if the person constructs, removes or alters a levee in accordance with section 32AC of the **Victoria State Emergency Service Act 2005**.\n\n(3) Subsection (1)(b) does not apply to a person if the person carries out maintenance on a levee under and in accordance with a levee maintenance permit.\n\n(4) In this section—\n\n***levee*** has the same meaning as in Part 5AA of the **Water Act 1989**;\n\n***levee maintenance permit*** has the same meaning as in the **Water Act 1989**;\n\n***maintenance*** has the same meaning as in Part 5AA of the **Water Act 1989**.\n\nNo. 6073 s. 96.\n\n","sortOrder":157},{"sectionNumber":"97","sectionType":"section","heading":"General penalty for offence against Act","content":"\t97 General penalty for offence against Act\n\n(1) Every person who contravenes or causes the contravention of or neglects or fails to comply with any of the provisions of this Act shall be guilty of an offence against this Act and shall for every such offence be liable on conviction to a penalty expressly imposed in this Act for such offence.\n\nS. 97(2) amended by Nos 9416 s. 6(3), 10235 s. 3(n).\n\n(2) Any person guilty of an offence against this Act for which no penalty is expressly imposed shall be liable to a penalty of not more than 50 penalty units or to imprisonment for a term of not more than one year or to both such penalty and imprisonment.\n\nS. 97(3)(4) repealed by No. 41/1987 s. 103(Sch. 4 item 24.114).\n\nS. 98  \nrepealed by No. 41/1987 s. 103(Sch. 4 item 24.115), new s. 98 inserted by No. 48/2004 s. 125.\n\n","sortOrder":158},{"sectionNumber":"98","sectionType":"section","heading":"Limitation of Supreme Court's jurisdiction—Sustainable Forests (Timber) Act 2004","content":"\t98 Limitation of Supreme Court's jurisdiction—Sustainable Forests (Timber) Act 2004\n\nIt is the intention of section 52AA to alter or vary section 85 of the **Constitution Act 1975**.\n\nRegulations\n\nNo. 6073 s. 98.\n\n","sortOrder":159},{"sectionNumber":"99","sectionType":"section","heading":"Regulations","content":"\t99 Regulations\n\nThe Governor in Council may make regulations not inconsistent with the provisions of this Act for all or any of the following purposes, namely:\n\n(1) Prescribing the form of leases licences permits or authorities and the terms covenants and conditions under which such leases shall be granted or cease and determine or such licences permits or authorities shall be issued and cancelled or withdrawn and the mode of applying for any such lease licence permit or authority;\n\nS. 99(1A) inserted by No. 24/2024 s. 28\n\n(1A) Prescribing the matters the Minister must consider before granting a licence or permit under section 52(1);\n\n(2) Prescribing the rate or amount of rentals royalties fees dues and charges payable in respect of any lease or licence or for any permit or authority;\n\n(3) Reserving any area of any reserved forest from the operation of any lease licence permit or authority;\n\n(4) Reserving from the operation of any lease or licence under this Act any area of a reserved forest required for the agistment of draught cattle used by any person holding a lease or licence or permit or authority under this Act;\n\n(5) Prohibiting except under licence or permit the depasturing of cattle within and the regulation of the passage of cattle through any reserved forest;\n\n(6) Prohibiting except under licence or permit the making of temporary clearings for any description of cultivation;\n\n(7) Regulating the temporary prohibition of grazing over specified areas of reserved forests in order to preserve the young trees and seedlings growing on such areas;\n\nS. 99(8) amended by Nos 41/1987 s. 103(Sch. 4 item 24.116), 74/2000 s. 3(Sch. 1 item 52.8).\n\n(8) Prescribing the mode in which any forest produce is to be branded or marked, and the mode in which such brands, or marks may be registered with the Secretary;\n\nS. 99(9) amended by No. 41/1987 s. 103(Sch. 4 item 24.117).\n\n(9) Prescribing the kinds sizes and quantities of any forest produce which may be cut or removed in or from any forest and prohibiting the removal of any forest produce until branded by an authorised officer if so prescribed;\n\n(10) Prescribing any acts which may not be done within a forest without a lease or licence or permit or authority for the doing of such act;\n\n(11) Prescribing such annual succession of areas over which timber cutting and grazing rights may be exercised as shall be deemed most favourable for forest conservation;\n\n(12) Providing for the making of declarations or statements by licensees or any other persons as to the quantity and description of timber and forest produce obtained taken delivery of hauled removed hewn sawn or otherwise treated or transported or consigned by road rail or water and as to the place where any timber or forest produce was obtained and as to the place to which any timber or forest produce is consigned;\n\nS. 99(13) amended by No. 96/1994 s. 54.\n\n(13) Regulating the burning off of inflammable material and the lighting and use of fires and the use of any engine, boiler or other device or equipment which is capable, in the course of its ordinary use, of igniting a fire, within any fire protected area or any specified portion thereof;\n\nS. 99(13A) inserted by No. 6976 s. 21(a), amended by No. 41/1987 s. 103(Sch. 4 item 24.117).\n\n(13A) Providing for and regulating the giving by authorised officers of written authority to light fires in any fire protected area or any part thereof and prescribing the circumstances in which such authority may be given;\n\nS. 99(13B) inserted by No. 6976 s. 21(a), amended by No. 41/1987 s. 103(Sch. 4 item 24.117).\n\n(13B) Prescribing conditions to be specified in any written authority to light a fire and authorizing authorised officers to specify conditions therein at their discretion;\n\nS. 99(13C) inserted by No. 6976 s. 21(a), amended by No. 41/1987 s. 103(Sch. 4 item 24.117).\n\n(13C) Prohibiting the lighting or maintaining of fires in any fire protected area or any part thereof without the written authority of an authorised officer;\n\nS. 99(13D) inserted by No. 8945 s. 5(a).\n\n(13D) The extinguishment of fires lit kindled maintained or used in a fire protected area;\n\n(14) Regulating the establishment of Government timber depots, the terms and conditions for the use of same;\n\nS. 99(15) amended by Nos 41/1987 s. 103(Sch. 4 item 24.116), 76/1998  \ns. 10(1)(u), 48/2004 s. 126, 19/2018 s. 134, 24/2024 s. 61.\n\n(15) Regulating traffic through reserved forests, and the prevention of trespass on or in any portion of a State forest which is fenced and providing for the safety and protection of roads tracks and tramways constructed or maintained by the land manager, and the operation of vehicles and the transportation of timber sand stone gravel and other materials thereon;\n\nS. 99(16) amended by No. 8587 s. 11(a).\n\n(16) Regulating camping and the establishment and conduct of recreation grounds and camping areas in State forests and prescribing the conditions on which the same may be used by persons;\n\nS. 99(17) substituted by No. 8945 s. 5(b).\n\n(17) The—\n\n(a) measures (including the clearing of land and the burning of inflammable material) to be taken or carried out;\n\n(b) facilities equipment apparatus or other things to be provided—\n\nin fire protected areas for the prevention and suppression of fire or the protection of life and property from fire;\n\nS. 99(17A) inserted by No. 8945 s. 5(b).\n\n(17A) The maintenance of works facilities equipment apparatus and other things constructed or provided pursuant to the Act or the regulations in fire protected areas for the prevention and suppression of fire or the protection of life and property from fire;\n\nS. 99  \n(17B)–(17E) inserted by No. 8945 s. 5(b), repealed by No. 48/2004 s. 116(1).\n\nS. 99(18) amended by No. 6976 s. 21(b).\n\n(18) Prescribing the terms and conditions under which persons may be appointed as trainees and the positions to which trainees may be appointed and regulating the training of persons so appointed;\n\nS. 99(19) substituted by No. 6976 s. 21(c), amended by Nos 41/1987 s. 103(Sch. 4 item 24.116), 76/1998  \ns. 10(1)(u), repealed by No. 38/2021 s. 17.\n\nS. 99(19A) (19B) inserted by No. 6976 s. 21(c), repealed by No. 38/2021 s. 17.\n\nS. 99(19C) inserted by No. 7740 s. 8, amended by Nos 8587 s. 11(b), 41/1987 s. 103(Sch. 4 item 24.116), 76/1998  \ns. 10(1)(u), repealed by No. 48/2004 s. 100(2).\n\nS. 99(20) amended by No. 9212 s. 2(2).\n\n(20) The protection of trees in Crown lands reserved under the **Crown Land (Reserves) Act 1978** from sale permanently for the purposes of public parks or gardens or for the recreation convenience and amusement of the people and vested in trustees and whether there is a committee of management of such lands or not; and regulating or prohibiting the cutting or removal of such trees and other forest produce;\n\n(21) Prescribing such annual cutting sections as are deemed necessary under a working plan;\n\n(22) Prescribing the procedure for the sale by auction or by tender of rights to leases licences or permits or of forest produce and enabling upset prices or minimum royalties dues or charges to be fixed;\n\n(23) Prescribing the fees or deposits to be paid with any application or tender;\n\n(24) Providing for the inspecting of timber and other forest produce for export and for local use, and prescribing the forms and certificates to be used, the fees to be paid and the brands or marks to be used;\n\n(25) Prescribing rules for the grading of timber for export and for local use;\n\n(26) Regulating the export of prescribed species of timber or other forest produce;\n\nS. 99(26A) inserted by No. 6976 s. 21(d).\n\n(26A) Prescribing standards for the treatment by preservative of timber (whether grown in Victoria or not) which is sold or offered for sale in Victoria;\n\nS. 99(26B) inserted by No. 6976 s. 21(d).\n\n(26B) Prohibiting the sale or offering for sale as timber treated with preservative any timber which has not been treated with preservative or which has not been treated in accordance with the prescribed standards or regulations with respect thereto;\n\nS. 99(27) repealed by No. 48/2004 s. 116(4).\n\nS. 99(28) amended by Nos 41/1987 s. 103(Sch. 4 item 24.116), 76/1998  \n\n(28) Providing for the keeping by the Secretary of a register of the names addresses and occupations of all persons engaged or employed in any industry in any State forest;\n\nS. 99(29) amended by Nos 9921 s. 255, 12/2004 s. 158(5), 109/2004 s. 22(b), 6/2010 s. 203(1)  \n(Sch. 6 item 23) (as amended by No. 45/2010 s. 22).\n\n(29) Regulating or prohibiting the carrying or use of dangerous matches and fire-arms in State forests and national parks, and subject to the provisions of the **Transport (Compliance and Miscellaneous) Act 1983** and the **Road Management Act 2004** the use of steam engine locomotives and traction engines in State forests and national parks, and generally for the protection of State forests and national parks from damage by fire;\n\nS. 99(30) amended by No. 6976 s. 21(e).\n\n(30) Regulating or prohibiting the destruction shooting hunting pursuing or snaring of animals or birds in any reserved forest;\n\nS. 99(31) amended by Nos 8945 s. 7(c), 9464 s. 2(c), 10235 s. 3(o).\n\n(31) Prescribing either generally or particularly penalties not exceeding 50 penalty units for breaches of any regulations;\n\nS. 99(32) amended by No. 41/1987 s. 103(Sch. 4 item 24.117), repealed by No. 41/1987 s. 103(Sch. 4 item 24.118).\n\n(33) Prescribing any matters required or permitted or necessary or expedient to be prescribed for carrying this Act into effect, and generally for carrying into effect the objects of this Act.\n\nFor the purposes of this section the expression ***dangerous matches*** means any matches other than those so made as to strike only on a preparation affixed to the containing box or to a box containing the same description of matches.\n\nS. 99A inserted by No. 8945 s. 6, amended by No. 97/2003 s. 5 (ILA s. 39B(1)).\n\n","sortOrder":160},{"sectionNumber":"99A","sectionType":"section","heading":"Regulation-making powers","content":"\t99A Regulation-making powers\n\nS. 99A(1) amended by No. 48/2004 s. 116(3).\n\n(1) Regulations under paragraphs (13)(13A)(13B)  \n(13C)(13D)(17) or (17A) of section 99 may—\n\n(a) be general or varied or be restricted in operation according to time place persons or circumstances and whether any such time place person or circumstance is determined or ascertainable before at or after the making of the regulation;\n\nS. 99A(1)(b) amended by Nos 41/1987 s. 103(Sch. 4 items 24.119, 24.120), 76/1998  \n\n(b) authorize the Secretary, an employee in the Department or an authorised officer by notice in writing given to a person—\n\nS. 99A(1)(b)(i) amended by Nos 41/1987 s. 103(Sch. 4 item 24.121), 76/1998  \ns. 10(1)(v)(i) (iii).\n\n(i) to grant a full or partial exemption from any regulation subject to such reasonable conditions (if any) the Secretary, employee or authorised officer considers appropriate and to revoke any such exemption;\n\n(ii) to require that specified measures facilities equipment apparatus or other things be taken carried out or provided;\n\nS. 99A(1)(b)(iii) amended by Nos 41/1987 s. 103(Sch. 4 item 24.121), 76/1998  \ns. 10(1)(v)(i) (iii).\n\n(iii) to grant permits or authorities subject to such reasonable conditions (if any) the Secretary, employee or authorised officer considers appropriate and to revoke any such permit or authority;\n\nS. 99A(1)(c) amended by No. 9427 s. 6(1)(Sch. 5 item 68).\n\n(c) require that—\n\nS. 99A(1)(c)(i) amended by Nos 41/1987 s. 103(Sch. 4 items 24.119, 24.120), 76/1998  \n\n(i) any act matter or thing be done carried out or provided within a time or in a manner specified by or to the satisfaction of the Secretary, an employee in the Department or an authorised officer;\n\nS. 99A(1)(c)(ii) amended by Nos 41/1987 s. 103(Sch. 4 items 24.119, 24.120), 76/1998  \n\n(ii) any work matter or thing be approved by or of a type kind or class approved by the Secretary, an employee in the Department or an authorised officer;\n\nS. 99A(1)(d) amended by Nos 41/1987 s. 103(Sch. 4 items 24.119, 24.120), 76/1998  \n\n(d) confer on the Secretary, an employee in the Department or an authorised officer any discretionary power in relation to the regulations;\n\nS. 99A(1)(e) amended by Nos 41/1987 s. 103(Sch. 4 items 24.119, 24.120), 76/1998  \n\n(e) leave any matter or thing to be determined from time to time by the Secretary, an employee in the Department or an authorised officer.\n\nS. 99A(2) inserted by No. 97/2003 s. 5.\n\n(2) Regulations made under this Act may apply, adopt or incorporate any matter contained in any document, code, standard, rule, specification or method, formulated, issued, prescribed or published by any other person, whether—\n\n(a) wholly or partially or as amended by the regulations; or\n\n(b) as formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or\n\n(c) as formulated, issued, prescribed or published from time to time.\n\nS. 99A(3) inserted by No. 51/2014 s. 9(Sch. 2 item 4.3).\n\n(3) Any regulations made under this Act for or with respect to the issuing of film permits must not be inconsistent with the film friendly principles.\n\nS. 99B inserted by No. 38/2021 s. 14.\n\n","sortOrder":161},{"sectionNumber":"99B","sectionType":"section","heading":"Instruments may incorporate documents","content":"\t99B Instruments may incorporate documents\n\n(1) An instrument made under this Act may apply, adopt or incorporate, either wholly or in part and with or without any modification, any matter contained in any document formulated, issued, prescribed or published by any person—\n\n(a) as formulated, issued, prescribed or published at the time the instrument is made or at any specified time before the instrument is made; or\n\n(b) as amended from time to time.\n\n(2) For the purposes of this section—\n\n***instrument*** includes any instrument made under this Act other than the following—\n\n(a) regulations made under section 99;\n\n(b) a determination under section 57U.\n\nNo. 6073 s. 99.\n\n","sortOrder":162},{"sectionNumber":"100","sectionType":"section","heading":"Power to make regulations as to eradication etc. of tree pests, diseases in timber etc.","content":"\t100 Power to make regulations as to eradication etc. of tree pests, diseases in timber etc.\n\n(1) The Governor in Council may make regulations for or with respect to—\n\n(a) securing—\n\n(i) the treatment of diseased trees;\n\n(ii) the eradication of diseases of trees;\n\n(iii) the treatment of timber affected with disease;\n\n(iv) the prevention and eradication of diseases in timber—\n\nwhether any such trees are or any such timber is upon or in any State forest or wherever situate in Victoria;\n\nS. 100(1)(b) amended by No. 10235 s. 3(p).\n\n(b) prescribing penalties (not exceeding 9 penalty units in any case) for the breach of any regulation under this section; and\n\n(c) generally, prescribing all matters and things necessary or convenient to be prescribed for carrying into effect the purposes of this section.\n\n(2) In this section unless inconsistent with the context or subject-matter—\n\n*disease* amended by Nos 41/1987 s. 103(Sch. 4 item 24.122), 76/1998  \n\n***disease*** means any disorder affecting trees or timber and which on the recommendation of the Secretary the Governor in Council from time to time by proclamation in the Government Gazette declares to be a disease within the meaning of this section and whether or not caused by or consisting of the presence of insects or fungus;\n\n***diseased*** means affected with disease;\n\n*fungus* amended by Nos 41/1987 s. 103(Sch. 4 item 24.122), 76/1998  \n\n***fungus*** means any fungus or any tree parasite or timber parasite whatever which on the recommendation of the Secretary the Governor in Council from time to time by proclamation in the Government Gazette declares to be a fungus within the meaning of this section;\n\n*insect* amended by Nos 41/1987 s. 103(Sch. 4 item 24.122), 76/1998  \n\n***insect*** means any insect whatever which on the recommendation of the Secretary the Governor in Council from time to time by proclamation in the Government Gazette declares to be an insect within the meaning of this section, and includes any such insect in whatever stage of existence the same may be and any eggs of any such insect;\n\n***timber*** includes any timber imported into Victoria;\n\n***tree*** means any tree (within the meaning of this Act) of any genus species or variety usually growing in a forest, and includes every part of such a tree.\n\nS. 100(3) amended by Nos 52/1994 s. 97(Sch. 3 item 13), 51/1995 s. 75.\n\n(3) This section shall be read and construed as in aid of and not in derogation from the provisions of the **Catchment and Land Protection Act 1994** or of the **Plant Health and Plant Products Act 1995** or of any other enactment relating to the subject-matter hereof.\n\nS. 100A inserted by No. 40/2009 s. 23.\n\n","sortOrder":163},{"sectionNumber":"100A","sectionType":"section","heading":"Tour operator licence regulations","content":"\t100A Tour operator licence regulations\n\n(1) The Governor in Council may make regulations for or with respect to—\n\n(a) the fees payable in respect of tour operator licences including—\n\n(i) requirements for fees to be paid annually; and\n\n(ii) methods for calculating fees, including by reference to the following—\n\n(A) numbers of persons that may participate in or have participated in tours; and\n\n(B) classes of persons that may participate in or have participated in tours; and\n\n(b) prescribing tour operator licence conditions.\n\n(2) A power conferred by subsection (1) to make regulations providing for the imposition of fees in respect of tour operator licences may be exercised by providing for all or any of the following matters—\n\n(a) specific fees;\n\n(b) maximum fees;\n\n(c) minimum fees;\n\n(d) fees that vary according to the class of licence to which they apply;\n\n(e) the manner of payment of fees, including the payment of fees by instalment;\n\n(f) the time at which, or by which, fees are to be paid.\n\n(3) Regulations made under this Act in respect of tour operator licences may—\n\n(a) leave any matter or thing to be decided by a specified person or class of person; and\n\n(b) provide for the exemption of persons or a class of persons from any of the regulations providing for the imposition of fees; and\n\n(c) provide for the reduction, waiver or refund, in whole or in part, of the fees fixed by regulations made under this section; and\n\n(d) provide, in specified circumstances, for the reinstatement or payment, in whole or in part, of any fee reduced, waived or refunded in accordance with the regulations.\n\n(4) Without limiting subsection (3), if the regulations provide for a reduction, waiver or refund, in whole or in part, of a fee pursuant to subsection (3), the reduction, waiver or refund—\n\n(a) may be expressed to apply either generally or specifically—\n\n(i) in respect of certain matters or classes of matters;\n\n(ii) in respect of certain persons or classes of persons;\n\nS. 100B inserted by No. 46/2012 s. 13.\n\n\t100B Regulations for cutting or taking away fallen or felled trees in firewood collection areas during firewood collection seasons\n\n(1) The Governor in Council may make regulations for or with respect to cutting or taking away fallen or felled trees in firewood collection areas during firewood collection seasons, including regulations for or with respect to—\n\n(a) days on which fallen or felled trees may be cut or taken away; and\n\n(b) the manner in which fallen or felled trees may be cut or taken away; and\n\n(c) use of vehicles and equipment in firewood collection areas; and\n\n(d) protection of the environment in firewood collection areas; and\n\n(e) public safety in firewood collection areas.\n\n(2) The regulations—\n\n(a) may be of general or limited application; and\n\n(b) may differ according to differences in time, place or circumstance; and\n\n(c) may impose penalties not exceeding 20 penalty units for contravention of the regulations.\n\nS. 100C inserted by No. 46/2021 s. 7.\n\n\t100C Regulations for forest firefighters presumptive rights compensation\n\n(1) The Governor in Council may make regulations for or with respect to any matter or thing required or permitted by sections 72A to 72R to be prescribed or necessary to be prescribed to give effect to those sections.\n\n(2) The regulations may—\n\n(a) confer powers or impose duties in connection with the regulations on any specified person or specified class of persons;\n\n(b) apply, adopt or incorporate, with or without modification, any matter contained in any document, code, standard, rule, specification or method formulated, issued, prescribed or published by any person—\n\n(i) wholly or partially or as amended by the regulations; or\n\n(ii) as formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or\n\n(iii) as formulated, issued, prescribed or published from time to time.\n\nHeading preceding s. 101 inserted by No. 60/2005 s. 37.\n\nTransitional provisions\n\nS. 101 repealed by No. 6886 s. 3, new s. 101 inserted by No. 60/2005 s. 37, repealed by No. 38/2021 s. 18.\n\nS. 101A inserted by No. 40/2009 s. 24, repealed by No. 38/2021 s. 19.\n\nS. 102 inserted by No. 60/2005 s. 37.\n\n","sortOrder":164},{"sectionNumber":"102","sectionType":"section","heading":"Once only harvesting of pines in Otway Forest Park","content":"\t102 Once only harvesting of pines in Otway Forest Park\n\nThe amendment to section 18A by section 35(5) of the 2005 Act does not apply to the land shown hatched on the plan lodged in the Central Plan Office and numbered LEGL./05–346 for the purposes of harvesting, once only, pines existing on that land at the commencement of the 2005 Act for the purposes of sawlog or pulpwood production.\n\nS. 103 inserted by No. 45/2009 s. 12, repealed by No. 38/2021 s. 20.\n\nS. 104 inserted by No. 12/2016 s. 26, repealed by No. 38/2021 s. 21.\n\nS. 105 inserted by No. 19/2018 s. 135.\n\n","sortOrder":165},{"sectionNumber":"105","sectionType":"section","heading":"Transitional provision—Parks Victoria Act 2018","content":"\t105 Transitional provision—Parks Victoria Act 2018\n\n(1) If, immediately before the Parks Victoria commencement, the old body holds an appointment as a committee of management under section 50(3), on the Parks Victoria commencement—\n\n(a) Parks Victoria is taken to be appointed as the committee of management in substitution of the old body; and\n\n(b) all rights, property and assets that, immediately before the Parks Victoria commencement, were vested in the old committee of management vest in the new committee of management; and\n\n(c) all debts, liabilities and obligations of the old committee of management existing immediately before the Parks Victoria commencement become debts, liabilities and obligations of the new committee of management; and\n\n(d) the new committee of management is substituted as a party to any proceedings pending in any court or tribunal to which the old committee of management was a party immediately before the Parks Victoria commencement; and\n\n(e) the new committee of management is substituted as a party to any contract or arrangement entered into by or on behalf of the old committee of management and in force immediately before the Parks Victoria commencement.\n\n(2) In this section—\n\n***new committee of management*** means the committee of management as taken to be appointed under subsection (1)(a);\n\n***old body*** means Parks Victoria within the meaning of the **Parks Victoria Act 1998** as in force before its repeal;\n\n***old committee of management*** means the committee of management holding appointment immediately before the Parks Victoria commencement;\n\n***Parks Victoria commencement*** means the day on which the **Parks Victoria Act 2018** comes into operation.\n\nS. 106 inserted by No. 42/2021 s. 84.\n\n","sortOrder":166},{"sectionNumber":"106","sectionType":"section","heading":"Transitional provision for tour operator licences—Great Ocean Road and Environs Protection Amendment Act 2021","content":"\t106 Transitional provision for tour operator licences—Great Ocean Road and Environs Protection Amendment Act 2021\n\nDespite the commencement of the **Great Ocean Road and Environs Protection Amendment Act 2021**, a tour operator licence granted under section 57F before 1 July 2023, which immediately before that date permitted the licence holder to conduct a tour or recreational activity on land in the Great Ocean Road coast and parks, continues to permit the licence holder to conduct that tour or activity on that land on and after that date, unless the licence is otherwise varied, suspended or cancelled.\n\nS. 107 inserted by No. 46/2021 s. 8.\n\n","sortOrder":167},{"sectionNumber":"107","sectionType":"section","heading":"Transitional provision—Forests Amendment (Forest Firefighters Presumptive Rights Compensation) Act 2021","content":"\t107 Transitional provision—Forests Amendment (Forest Firefighters Presumptive Rights Compensation) Act 2021\n\nIf, before the commencement of section 6 of the **Forests Amendment (Forest Firefighters Presumptive Rights Compensation) Act 2021**—\n\n(a) a forest firefighter has made a claim for compensation under the **Workplace Injury Rehabilitation and Compensation Act 2013** in respect of an injury that is a disease referred to in column 1 of the table in the Third Schedule which occurred on or after 1June 2016; and\n\n(b) the Authority has rejected the claim for compensation—\n\nthe forest firefighter is entitled to make a new claim for compensation in accordance with sections 72A to 72R.\n\nS. 108 inserted by No. 46/2021 s. 8, repealed by No. 6254/1958 s. 108(4).\n\nS. 109 inserted by No. 24/2024 s. 29.\n\n","sortOrder":168},{"sectionNumber":"109","sectionType":"section","heading":"Sustainable Forests (Timber) Repeal Act 2024—Regulations dealing with transitional matters","content":"\t109 Sustainable Forests (Timber) Repeal Act 2024—Regulations dealing with transitional matters\n\n(1) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of the **Sustainable Forests (Timber) Repeal Act 2024** (including the repeals and amendments made by that Act).\n\n(2) Regulations made under this section may—\n\n(a) have a retrospective effect to a day on or from the day on which the **Sustainable Forests (Timber) Repeal Act 2024** receives the Royal Assent; and\n\n(b) be of limited or general application; and\n\n(c) leave any matter or thing to be decided by a specified person or class of person; and\n\n(d) provide for the exemption of persons or things or classes of persons or things from any of the regulations made under this section.\n\n(3) Regulations made under this section have effect despite anything to the contrary in any Act (other than this Act or the **Charter of Human Rights and Responsibilities Act 2006**) or in any subordinate instrument.\n\n(4) This section is **repealed** on the second anniversary of the day on which it comes into operation.\n\nSchedules\n\nSch. 1 repealed by No. 38/2021 s. 15(2).\n\nSs 3, 42.\n\nSch. 2 substituted by Nos 6976 s. 7(1)(k), 7228 s. 7(Sch. 4 Pt 12(d)), 10087 s. 3(1)(Sch. 1 item 90).\n\nSecond Schedule—Reserved forests\n\nThe areas of Crown lands delineated by projections bearing a distinguishing colour or shading on maps—\n\n(a) sealed with the seal of the Board of Land and Works before 15 March 1965;\n\n(b) signed by the Minister of Lands on or after 15 March 1965 and before 1 September 1983; or\n\n(c) signed by the Minister for Conservation, Forests and Lands on or after 1 September 1983—\n\nand deposited with the Clerk of the Parliaments and described—\n\n(d) where the maps were sealed and deposited before 18 December 1962—as permanent forests or as timber reserves; or\n\n(e) in any other case—as reserved forests.\n\nSch. 3 repealed by No. 6976 s. 7(1)(l), new Sch. 3 inserted by No. 82/1990 s. 5, amended by GG 16.1.97 p. 128, repealed by No. 48/2004 s. 109(c), new Sch. 3 inserted by No. 46/2021 s. 9, amended by No. 26/2023 s. 27.\n\nThird Schedule\n\n|  | *Column 1*<br>*Disease* | *Column 2*<br>*Qualifying period* |\n| --- | --- | --- |\n| 1 | Primary site brain cancer | 5 years |\n| 2 | Primary site bladder cancer | 15 years |\n| 3 | Primary site kidney cancer | 15 years |\n| 4 | Primary non-Hodgkins lymphoma | 15 years |\n| 5 | Primary leukemia | 5 years |\n| 6 | Primary site breast cancer | 10 years |\n| 7 | Primary site testicular cancer | 10 years |\n| 8 | Multiple myeloma | 15 years |\n| 9 | Primary site prostate cancer | 15 years |\n| 10 | Primary site ureter cancer | 15 years |\n| 11 | Primary site colorectal cancer | 15 years |\n| 12 | Primary site oesophageal cancer | 25 years |\n| 13 | Primary site cervical cancer | 10 years |\n| 14 | Primary site ovarian cancer | 10 years |\n| 15 | Primary site uterine cancer | 10 years |\n\nSch. 4 amended by Nos 6976 s. 22, 7547 s. 3, 7876 s. 2(3), 8945 s. 8, repealed by No. 41/1987 s. 103(Sch. 4 item 24.123).\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 **Forests Act 1958** was assented to on 30 September 1958 and came into operation on 1 April 1959: Government Gazette 18 March 1959 page 892.\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 section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original section 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 an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection 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 an Act 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 an Act.  \nSee section 36(3)(3D)(3E).\n\n","sortOrder":169},{"sectionNumber":"2","sectionType":"section","heading":"Table of Amendments","content":"2 Table of Amendments\n\nThis publication incorporates amendments made to the **Forests Act 1958** by Acts and subordinate instruments.\n\n–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––\n\n**Forests Act 1958, No. 6254/1958**\n\n| Assent Date: | 30.09.58 |\n| Commencement Date: | S. 108(4) inserted on 14.9.22 by No. 46/2021 s. 8: s. 2(2) |\n| Note: | S. 108(4) repealed s. 108 on 14.9.24 |\n\n**Public Officers Salaries and Allowances Act 1958, No. 6471/1958** (as amended by No. 6489/1958)\n\n| *Assent Date:* | 9.12.58 |\n| *Commencement Date:* | 1.7.58: s. 1(2) |\n\n**Statute Law Revision Act 1959, No. 6547/1959**\n\n| *Assent Date:* | 20.10.59 |\n| *Commencement Date:* | 1.4.59: s. 1(2) |\n\n**Public Officers Salaries and Allowances Act 1960, No. 6624/1960**\n\n| *Assent Date:* | 1.6.60 |\n| *Commencement Date:* | 21.2.60: s. 1(2) |\n\n**Land (Unused Roads and Water Frontages) Act 1961, No. 6794/1961**\n\n| *Assent Date:* | 8.11.61 |\n| *Commencement Date:* | 1.4.63: Government Gazette 20.3.63 p. 620 |\n\n**Crown Leases Act 1961, No. 6842/1961**\n\n| *Assent Date:* | 19.12.61 |\n| *Commencement Date:* | 19.12.61 |\n\n**Forests (Amendment) Act 1962, No. 6870/1962**\n\n| *Assent Date:* | 2.5.62 |\n| *Commencement Date:* | 2.5.62 |\n\n**Subordinate Legislation Act 1962, No. 6886/1962**\n\n| *Assent Date:* | 8.5.62 |\n| *Commencement Date:* | 1.8.62: Government Gazette 4.7.62 p. 2314 |\n\n**Forests (Further Amendment) Act 1962, No. 6976/1962**\n\n| *Assent Date:* | 18.12.62 |\n| *Commencement Date:* | 18.12.62 |\n\n**Public Officers Salaries and Allowances Act 1963, No. 7054/1963**\n\n| *Assent Date:* | 26.11.63 |\n| *Commencement Date:* | Ss 12–14 on 12.5.63: s. 1(2)(b); ss 2–11 on 1.7.63: s. 1(2)(a); s. 1 on 26.11.63 |\n\n**Statute Law Revision Act 1963, No 7065/1963**\n\n| *Assent Date:* | 3.12.63 |\n| *Commencement Date:* | 3.12.63 |\n\n**Forests (Amendment) Act 1964, No. 7205/1964**\n\n| *Assent Date:* | 15.12.64 |\n| *Commencement Date:* | 15.12.64 |\n\n**Public Lands and Works Act 1964, No. 7228/1964**\n\n| *Assent Date:* | 15.12.64 |\n| *Commencement Date:* | 15.3.65: Government Gazette 11.3.65 p. 557 |\n\n**Statute Law Revision Act 1965, No. 7332/1965**\n\n| *Commencement Date:* | 14.12.65: subject to s. 3. |\n\n**Forests (Amendment) Act 1965, No. 7340/1965**\n\n| *Commencement Date:* | 14.12.65 |\n\n**Public Officers Salaries and Allowances Act 1965, No. 7356/1965**\n\n| *Commencement Date:* | Ss 12–14 on 4.7.65: s. 1(3); ss 2–11 on 1.12.65: s. 1(2); s. 1 on 14.12.65 |\n\n**Extractive Industries Act 1966, No. 7499/1966**\n\n| *Assent Date:* | 20.12.66 |\n| *Commencement Date:* | 15.5.68: Government Gazette 10.4.68 p. 1129 |\n\n**Instruments (Corporate Bodies Contracts) Act 1967, No. 7547/1967**\n\n| *Assent Date:* | 17.3.67 |\n| *Commencement Date:* | 1.7.67: Government Gazette 21.6.67 p. 2027 |\n\n**Judges and Public Officers Salaries Act 1967, No. 7581/1967**\n\n| *Assent Date:* | 21.11.67 |\n| *Commencement Date:* | 1.7.67: s. 1 |\n\n**Forests (Amendment) Act 1968, No. 7674/1968**\n\n| *Assent Date:* | 18.4.68 |\n| *Commencement Date:* | 18.4.68 |\n\n**Forests (Amendment) Act 1968, No. 7740/1968**\n\n| *Assent Date:* | 2.12.68 |\n| *Commencement Date:* | 23.1.69: Government Gazette 22.1.69 p. 125 |\n\n**Local Government Act 1969, No. 7835/1969**\n\n| *Assent Date:* | 20.5.69 |\n| *Commencement Date:* | S. 9 on l.6.69; rest of Act on 21.5.69: Government Gazette 21.5.69 p. 1504 |\n\n**Justices (Amendment) Act 1969, No. 7876/1969**\n\n| *Assent Date:* | 25.11.69 |\n| *Commencement Date:* | 1.4.70 (*except* ss 3, 5, 6, 7(k)(m)–(o)); ss 3, 5, 6, 7(k)(m)–(o) on 1.7.70: Government Gazette 25.2.70 p. 463 |\n\n**Public Officers Salaries and Allowances Act 1970, No. 7954/1970**\n\n| *Assent Date:* | 7.4.70 |\n| *Commencement Date:* | 1.1.70: s. 2 |\n\n**Forests (Amendment) Act 1970, No. 8035/1970**\n\n| *Assent Date:* | 8.12.70 |\n| *Commencement Date:* | 8.12.70 |\n\n**Statutory Salaries Act 1970, No. 8082/1970**\n\n| *Assent Date:* | 22.12.70 |\n| *Commencement Date:* | 22.12.70 |\n\n**National Parks (Amendment) Act 1971, No. 8210/1971**\n\n| *Assent Date:* | 14.12.71 |\n| *Commencement Date:* | 14.12.71 |\n\n**Crimes (Powers of Arrest) Act l972, No. 8247/1972**\n\n| *Assent Date:* | 6.4.72 |\n| *Commencement Date:* | 1.7.72: Government Gazette 28.6.72 p. 2360 |\n\n**Forests (Amendment) Act 1974, No. 8587/1974**\n\n| *Assent Date:* | 30.10.74 |\n| *Commencement Date:* | 20.11.74: Government Gazette 20.11.74 p. 4032 |\n\n**National Parks Act 1975, No. 8702/1975**\n\n| *Assent Date:* | 16.5.75 |\n| *Commencement Date:* | 1.12.75: Government Gazette 26.11.75 p. 3888 |\n\n**Forests (Advances) Act 1976, No. 8892/1976**\n\n| *Assent Date:* | 16.11.76 |\n| *Commencement Date:* | 16.11.76 |\n\n**Forests (Fire Prevention and Protection) (Amendment) Act 1976, No. 8945/1976**\n\n| *Assent Date:* | 14.12.76 |\n| *Commencement Date:* | 14.12.76 |\n\n**Statute Law Revision Act 1977, No. 9019/1977**\n\n| *Assent Date:* | 17.5.77 |\n| *Commencement Date:* | 17.5.77: subject to s. 2(2) |\n\n**National Parks (Amendment) Act 1978, No. 9114/1978**\n\n| *Assent Date:* | 16.5.78 |\n| *Commencement Date:* | 16.5.78 |\n\n**Crown Land (Reserves) Act 1978, No. 9212/1978**\n\n| *Assent Date:* | 19.12.78 |\n| *Commencement Date:* | 1.3.79: Government Gazette 21.2.79 p. 441 |\n\n**National Parks Act 1978, No. 9247/1978**\n\n| *Assent Date:* | 19.12.78 |\n| *Commencement Date:* | S. 17 on 26.4.79: s. 1(3) |\n\n**Forests (Reserved Land) Act 1979, No. 9280/1979**\n\n| *Assent Date:* | 10.7.79 |\n| *Commencement Date:* | 1.8.79: Government Gazette 1.8.79 p. 2407 |\n\n**Forests (Amendment) Act 1980, No. 9416/1980**\n\n| *Assent Date:* | 20.5.80 |\n| *Commencement Date:* | 20.5.80 |\n\n**Forests (Further Amendment) Act 1980, No. 9417/1980** (as amended by No. 9549/1981)\n\n| *Assent Date:* | 20.5.80 |\n| *Commencement Date:* | 20.5.80 |\n\n**Statute Law Revision Act 1980, No. 9427/1980**\n\n| *Assent Date:* | 27.5.80 |\n| *Commencement Date:* | 27.5.80: subject to s. 6(2) |\n\n**Forests (Penalties) Act 1980, No. 9464/1980**\n\n| *Assent Date:* | 16.12.80 |\n| *Commencement Date:* | 16.12.80 |\n\n**Statute Law Revision Act 1981, No. 9549/1981**\n\n| *Assent Date:* | 19.5.81 |\n| *Commencement Date:* | 19.5.81: subject to s. 2(2) |\n\n**Crimes (Classification of Offences) Act 1981, No. 9576/1981**\n\n| *Assent Date:* | 26.5.81 |\n| *Commencement Date:* | 1.9.81: Government Gazette 26.8.81 p. 2799 |\n\n**Forests (Amendment) Act 1981, No. 9615/1981**\n\n| *Assent Date:* | 1.12.81 |\n| *Commencement Date:* | 1.12.81 |\n\n**Companies (Consequential Amendments) Act 1982, No. 9699/1982**\n\n| *Assent Date:* | 5.1.82 |\n| *Commencement Date:* | S. 23 on 1.7.82: s. 2(1) |\n\n**Parliamentary Committees (Joint Investigatory Committees) Act 1982, No. 9765/1982**\n\n| *Assent Date:* | 13.7.82 |\n| *Commencement Date:* | 25.8.82: Government Gazette 25.8.82 p. 2793 |\n\n**Public Account (Trust Funds) Act 1982, No. 9861/1982**\n\n| *Assent Date:* | 5.1.83 |\n| *Commencement Date:* | 12.1.83: Government Gazette 12.1.83 p. 81 |\n\n**Transport Act 1983, No. 9921/1983**\n\n| *Assent Date:* | 23.6.83 |\n| *Commencement Date:* | S. 255(Sch. 12) on 1.7.83: s. 1(2)(c) |\n\n**Mines (Amendment) Act 1983, No. 9936/1983**\n\n| *Assent Date:* | 5.7.83 |\n| *Commencement Date:* | 30.10.83: Government Gazette 5.10.83 p. 3293 |\n\n**Alpine Resorts Act 1983, No. 9974/1983**\n\n| *Assent Date:* | 29.11.83 |\n| *Commencement Date:* | Ss 1–43, 44(2) on 28.3.84: Government Gazette 28.3.84 p. 977; rest of Act on 17.4.85: Government Gazette 17.4.85 p. 1101 |\n\n**Education (Amendment) Act 1983, No. 9993/1983** (as amended by No. 10087/1984)\n\n| *Assent Date:* | 13.12.83 |\n| *Commencement Date:* | S. 20 on 8.2.84: Government Gazette 8.2.84 p. 402 |\n\n**National Parks (Amendment) Act 1984, No. 10073/1984**\n\n| *Assent Date:* | 15.5.84 |\n| *Commencement Date:* | S. 15 on 15.5.84: s. 3(1) |\n\n**Water (Central Management Restructuring) Act 1984, No. 10081/1984**\n\n| *Assent Date:* | 15.5.84 |\n| *Commencement Date:* | 1.7.84: Government Gazette 20.6.84 p. 1937 |\n\n**Statute Law Revision Act 1984, No. 10087/1984**\n\n| *Assent Date:* | 22.5.84 |\n| *Commencement Date:* | 22.5.84: subject to s. 3(2) |\n\n**National Parks (Further Amendment) Act 1984, No. 10166/1984**\n\n| *Assent Date:* | 20.11.84 |\n| *Commencement Date:* | S. 22 on 18.12.84: s. 2(1) |\n\n**Forests and Country Fire Authority (Penalties) Act 1985, No. 10235/1985**\n\n| *Assent Date:* | 10.12.85 |\n| *Commencement Date:* | 10.12.85 |\n\n**Courts Amendment Act 1986, No. 16/1986**\n\n| *Assent Date:* | 22.4.86 |\n| *Commencement Date:* | S. 30 on 1.7.86: Government Gazette 25.6.86 p. 2180 |\n\n**Land Acquisition and Compensation Act 1986, No. 121/1986**\n\n| *Assent Date:* | 23.12.86 |\n| *Commencement Date:* | 29.11.87: Government Gazette 25.11.87 p. 3224 |\n\n**Coal Mines (Amendment) Act 1987, No. 6/1987**\n\n| *Assent Date:* | 28.4.87 |\n| *Commencement Date:* | 11.5.87: Government Gazette 6.5.87 p. 1004 |\n\n**Conservation, Forests and Lands Act 1987, No. 41/1987**\n\n| *Assent Date:* | 19.5.87 |\n| *Commencement Date:* | Ss 103(Sch. 4 items 24.1–24.123), 116(9) on 1.7.87: Government Gazette 24.6.87 p. 1694 |\n\n**Magistrates' Court (Consequential Amendments) Act 1989, No. 57/1989**\n\n| *Assent Date:* | 14.6.89 |\n| *Commencement Date:* | S. 4(1)(a)–(e)(2) on 1.9.89: Government Gazette 30.8.89 p. 2210; rest of Act on 1.9.90: Government Gazette 25.7.90 p. 2217 |\n\n**Water (Consequential Amendments) Act 1989, No. 81/1989**\n\n| Assent Date: | 5.12.89 |\n| Commencement Date: | 1.11.90: Government Gazette 15.8.90 p. 2473 |\n\n**Conservation, Forests and Lands Acts (Amendment) Act 1989, No. 90/1989**\n\n| Assent Date: | 5.12.89 |\n| Commencement Date: | S. 10 on 5.12.89: s. 2(1) |\n\n**Local Government (Amendment) Act 1990, No. 13/1990**\n\n| Assent Date: | 8.5.90 |\n| Commencement Date: | S. 40 on 8.5.90: s. 2(2)(a) |\n\n**Forests (Timber Harvesting) Act 1990, No. 82/1990**\n\n| Assent Date: | 11.12.90 |\n| Commencement Date: | 11.12.90 |\n\n**Mineral Resources Development Act 1990, No. 92/1990**\n\n| Assent Date: | 18.12.90 |\n| Commencement Date: | S. 128(Sch. 1 items 12.1–12.8) on 6.11.91: Government Gazette 30.10.91 p. 2970 |\n\n**Victorian Plantation Corporation Act 1993, No. 61/1993**\n\n| Assent Date: | 8.6.93 |\n| Commencement Date: | S. 34 on 1.7.93: Government Gazette 24.6.93 p. 1596 |\n\n**Mineral Resources Development (Amendment) Act 1993, No. 86/1993**\n\n| Assent Date: | 3.11.93 |\n| Commencement Date: | S. 41 on 17.1.94: Government Gazette 16.12.93 p. 3317 |\n\n**Financial Management (Consequential Amendments) Act 1994, No. 31/1994**\n\n| Assent Date: | 31.5.94 |\n| Commencement Date: | S. 3(Sch. 1 items 30.1, 30.2) on 7.7.94: Government Gazette 7.7.94 p. 1878—see **Interpretation of Legislation Act 1984** |\n\n**Catchment and Land Protection Act 1994, No. 52/1994**\n\n| Assent Date: | 15.6.94 |\n| Commencement Date: | S. 97(Sch. 3 item 13) on 15.12.94: s. 2(3) |\n\n**Impounding of Livestock Act 1994, No. 89/1994**\n\n| Assent Date: | 6.12.94 |\n| Commencement Date: | 6.12.94 |\n\n**Crown Lands Acts (Amendment) Act 1994, No. 96/1994**\n\n| Assent Date: | 13.12.94 |\n| Commencement Date: | Pt 1 (ss 1, 2) on 13.12.94: s. 2(1); rest of Act (ss 3–59) on 26.1.95: Government Gazette 26.1.95 p. 163 |\n\n**Plant Health and Plant Products Act 1995, No. 51/1995**\n\n| Assent Date: | 14.6.95 |\n| Commencement Date: | S. 75 on 14.6.96: s. 2(3) |\n\n**National Parks (Yarra Ranges and Other Amendments) Act 1995, No. 57/1995**\n\n| Assent Date: | 20.6.95 |\n| Commencement Date: | S. 46 on 15.12.95: Government Gazette 14.12.95 p. 3488 |\n\n**Extractive Industries Development Act 1995, No. 67/1995** (as amended by No. 74/2000)\n\n| Assent Date: | 17.10.95 |\n| Commencement Date: | Pt 1 (ss 1–7), s. 60(1)(2) on 17.10.95: s. 2(1); rest of Act on 1.6.96: Special Gazette (No. 60) 31.5.96 p. 4 |\n\n**Electricity Industry (Further Amendment) Act 1995, No. 79/1995**\n\n| Assent Date: | 28.11.95 |\n| Commencement Date: | S. 32 on 28.11.95: Special Gazette (No. 116) 28.11.95 p. 1 |\n\n**Electricity Industry (Further Amendment) Act 1996, No. 48/1996**\n\n| Assent Date: | 26.11.96 |\n| Commencement Date: | 26.11.96: s. 2 |\n\n**Electricity Industry (Further Miscellaneous Amendment) Act 1997, No. 55/1997**\n\n| Assent Date: | 21.10.97 |\n| Commencement Date: | Ss 26, 27 on 21.10.97: s. 2(1) |\n\n**Alpine Resorts (Management) Act 1997, No. 89/1997**\n\n| Assent Date: | 9.12.97 |\n| Commencement Date: | S. 72 on 30.4.98: Government Gazette 30.4.98 p. 926 |\n\n**Audit (Amendment) Act 1997, No. 93/1997**\n\n| Assent Date: | 16.12.97 |\n| Commencement Date: | S. 28(Sch. item 14) on 1.7.98: s. 2(2) |\n\n**Victorian Plantations Corporation (Amendment) Act 1998, No. 35/1998**\n\n| Assent Date: | 19.5.98 |\n| Commencement Date: | S. 15 on 26.6.98: Government Gazette 25.6.98 p. 1561 |\n\n**Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998**\n\n| Assent Date: | 26.5.98 |\n| Commencement Date: | S. 7(Sch. 1) on 1.7.98: s. 2(2) |\n\n**Conservation, Forests and Lands (Miscellaneous Amendments) Act 1998, No. 76/1998**\n\n| Assent Date: | 10.11.98 |\n| Commencement Date: | S. 10 on 15.12.98: s. 2(5) |\n\n**Transfer of Land (Single Register) Act 1998, No. 85/1998** (as amended by No. 76/1998)\n\n| Assent Date: | 17.11.98 |\n| Commencement Date: | S. 24(Sch. item 25) on 1.1.99: s. 2(3) |\n\n**Audit (Amendment) Act 1999, No. 53/1999**\n\n| Assent Date: | 14.12.99 |\n| Commencement Date: | S. 26(Sch. item 12) on 1.1.00: Government Gazette 23.12.99 p. 2764 |\n\n**Water Industry (Amendment) Act 2000, No. 66/2000**\n\n| Assent Date: | 8.11.00 |\n| Commencement Date: | S. 55 on 15.4.99: s. 2(2) |\n\n**Electricity Industry Legislation (Miscellaneous Amendments) Act 2000, No. 69/2000**\n\n| Assent Date: | 21.11.00 |\n| Commencement Date: | S. 53 on 1.1.01: s. 2(4) |\n\n**Statute Law Revision Act 2000, No. 74/2000**\n\n| Assent Date: | 21.11.00 |\n| Commencement Date: | S. 3(Sch. 1 item 52) on 22.11.00: s. 2(1) |\n\n**Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001**\n\n| Assent Date: | 8.5.01 |\n| Commencement Date: | S. 3(Sch. item 27) on 1.6.01: s. 2(2) |\n\n**Corporations (Consequential Amendments) Act 2001, No. 44/2001**\n\n| Assent Date: | 27.6.01 |\n| Commencement Date: | S. 3(Sch. item 49) on 15.7.01: s. 2 |\n\n**Auction Sales (Repeal) Act 2001, No. 84/2001**\n\n| Assent Date: | 11.12.01 |\n| Commencement Date: | S. 5 on 1.1.03: s. 2(4) |\n\n**National Parks (Box-Ironbark and Other Parks) Act 2002, No. 50/2002**\n\n| Assent Date: | 29.10.02 |\n| Commencement Date: | S. 27 on 30.10.02: s. 2 |\n\n**Forests and National Parks Acts (Amendment) Act 2003, No. 97/2003**\n\n| Assent Date: | 2.12.03 |\n| Commencement Date: | Ss 3–5 on 3.12.03: s. 2 |\n\n**Road Management Act 2004, No. 12/2004**\n\n| Assent Date: | 11.5.04 |\n| Commencement Date: | Ss 157, 158 on 1.7.04: s. 2(2) |\n\n**Sustainable Forests (Timber) Act 2004, No. 48/2004**\n\n| Assent Date: | 16.6.04 |\n| Commencement Date: | Ss 97, 98, 100(1), 103–105, 107, 108, 110, 112, 116, 122, 123(1), 124, 125 on 17.6.04: s. 2(1); ss 99, 101, 102, 106, 111, 113–115, 117–121, 123(2)–(4), 126 on 1.8.04: Government Gazette 29.7.04 p. 2120; s. 100(2) on 31.8.05: Government Gazette 14.7.05 p. 1550; s. 109 on 18.5.06: Government Gazette 18.5.06 p. 929 |\n\n**National Parks (Additions and Other Amendments) Act 2004, No. 64/2004**\n\n| Assent Date: | 12.10.04 |\n| Commencement Date: | S. 35 on 13.10.04: s. 2(1) |\n\n**Public Administration Act 2004, No. 108/2004**\n\n| Assent Date: | 21.12.04 |\n| Commencement Date: | S. 117(1)(Sch. 3 item 83) on 5.4.05: Government Gazette 31.3.05 p. 602 |\n\n**Safety on Public Land Act 2004, No. 109/2004**\n\n| Assent Date: | 21.12.04 |\n| Commencement Date: | Ss 21, 22 on 22.12.04: s. 2 |\n\n**National Parks (Otways and Other Amendments) Act 2005, No. 60/2005**\n\n| Assent Date: | 20.9.05 |\n| Commencement Date: | Ss 34–37 on 24.10.06: Special Gazette (No. 285) 24.10.06 p. 1 |\n\n**Education and Training Reform Act 2006, No. 24/2006**\n\n| Assent Date: | 16.5.06 |\n| Commencement Date: | S. 6.1.2(Sch. 7 item 19) on 1.7.07: Government Gazette 28.6.07 p. 1304 |\n\n**Mineral Resources Development (Sustainable Development) Act 2006, No.** **63/2006**\n\n| Assent Date: | 29.8.06 |\n| Commencement Date: | S. 61(Sch. item 16) on 30.8.06: s. 2(1) |\n\n**Education and Training Reform Miscellaneous Amendments Act 2007,  \nNo. 58/2007**\n\n| Assent Date: | 27.11.07 |\n| Commencement Date: | S. 53 on 28.11.07: s. 2(1) |\n\n**National Parks and Crown Land (Reserves) Acts Amendment Act 2008,  \nNo. 54/2008**\n\n| Assent Date: | 23.9.08 |\n| Commencement Date: | S. 24 on 24.9.08: s. 2(1) |\n\n**Resources Industry Legislation Amendment Act 2009, No. 6/2009**\n\n| Assent Date: | 3.3.09 |\n| Commencement Date: | S. 52 on 1.1.10: s. 2(2) |\n\n**Crown Land Acts Amendment (Lease and Licence Terms) Act 2009,  \nNo. 40/2009**\n\n| Assent Date: | 5.8.09 |\n| Commencement Date: | Ss 19, 20 on 6.8.09: s. 2(1); ss 18, 21–24 on 1.7.11: s. 2(3) |\n\n**Statute Law Amendment (Charter of Human Rights and Responsibilities) Act 2009, No. 45/2009**\n\n| Assent Date: | 5.8.09 |\n| Commencement Date: | Ss 10–12 on 6.8.09: s. 2 |\n\n**Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009**\n\n| Assent Date: | 24.11.09 |\n| Commencement Date: | S. 97(Sch. item 60) on 1.1.10: Government Gazette 10.12.09 p. 3215 |\n\n**Land Legislation Amendment Act 2009, No. 80/2009**\n\n| Assent Date: | 8.12.09 |\n| Commencement Date: | S. 105 on 1.5.10: s. 2(2) |\n\n**Parks and Crown Land Legislation Amendment (River Red Gums) Act 2009, No. 82/2009**\n\n| Assent Date: | 8.12.09 |\n| Commencement Date: | Ss 34, 35 on 1.1.10: Government Gazette 17.12.09 p. 3338; ss 33, 36 on 1.7.10: Government Gazette 1.7.10 p. 1359 |\n\n**Transport Integration Act 2010, No. 6/2010** (as amended by No. 45/2010)\n\n| Assent Date: | 2.3.10 |\n| Commencement Date: | Ss 25(5)(Sch. 2 item 4), 203(1)(Sch. 6 item 23) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1 |\n\n**Parks and Crown Land Legislation (Mount Buffalo) Act 2010, No. 35/2010**\n\n| Assent Date: | 15.6.10 |\n| Commencement Date: | S. 24(Sch. 6 item 2) on 8.7.10: Government Gazette 8.7.10 p. 1518 |\n\n**Climate Change Act 2010, No. 54/2010**\n\n| Assent Date: | 14.9.10 |\n| Commencement Date: | S. 79 on 1.7.11: s. 2(2) |\n\n**Traditional Owner Settlement Act 2010, No. 62/2010**\n\n| Assent Date: | 21.9.10 |\n| Commencement Date: | Ss 115–120 on 23.9.10: Special Gazette (No. 382) 22.9.10 p. 1 |\n\n**Fire Services Commissioner Act 2010, No. 73/2010**\n\n| Assent Date: | 19.10.10 |\n| Commencement Date: | Ss 48–52 on 1.12.10: s. 2(2) |\n\n**Statute Law Revision Act 2011, No. 29/2011**\n\n| Assent Date: | 21.6.11 |\n| Commencement Date: | S. 3(Sch. 1 item 41) on 22.6.11: s. 2(1) |\n\n**Emergency Services Legislation Amendment Act 2012, No. 5/2012**\n\n| Assent Date: | 6.3.12 |\n| Commencement Date: | S. 116 on 1.5.12: Special Gazette (No. 140) 1.5.12 p. 1 |\n\n**Parks and Crown Land Legislation Amendment Act 2012, No. 7/2012**\n\n| Assent Date: | 6.3.12 |\n| Commencement Date: | S. 25 on 1.9.12: Special Gazette (No. 291) 28.8.12 p. 1 |\n\n**Forests Amendment Act 2012, No. 46/2012**\n\n| Assent Date: | 21.8.12 |\n| Commencement Date: | Ss 3–13 on 1.9.12: s. 2(2) |\n\n**Traditional Owner Settlement Amendment Act 2013, No. 4/2013**\n\n| Assent Date: | 19.2.13 |\n| Commencement Date: | S. 33 on 8.3.13: Special Gazette (No. 70) 5.3.13 p. 1 |\n\n**Statute Law Revision Act 2013, No. 70/2013**\n\n| Assent Date: | 19.11.13 |\n| Commencement Date: | S. 4(Sch. 2 item 20) on 1.12.13: s. 2(1) |\n\n**Emergency Management Act 2013, No. 73/2013** (as amended by No. 41/2014)\n\n| *Assent Date:* | 3.12.13 |\n| *Commencement Date:* | Ss 85–87 on 1.7.14: Special Gazette (No. 148) 13.5.14 p. 1 |\n\n**Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014**\n\n| Assent Date: | 3.6.14 |\n| Commencement Date: | S. 10(Sch. item 67) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2 |\n\n**Filming Approval Act 2014, No. 51/2014**\n\n| *Assent Date:* | 12.8.14 |\n| *Commencement Date:* | S. 9(Sch. 2 item 4) on 1.3.15: s. 2(2) |\n\n**Water Amendment (Flood Mitigation) Act 2014, No. 53/2014**\n\n| *Assent Date:* | 12.8.14 |\n| *Commencement Date:* | S. 10 on 1.3.15: s. 2(2) |\n\n**Emergency Management (Control of Response Activities and Other Matters) Act 2015, No. 43/2015**\n\n| *Assent Date:* | 22.9.15 |\n| *Commencement Date:* | S. 36 on 19.9.16: Special Gazette (No. 284) 13.9.16 p. 1 |\n\n**Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016, No. 12/2016**\n\n| *Assent Date:* | 5.4.16 |\n| *Commencement Date:* | Ss 20–26 on 1.12.16: s. 2(2) |\n\n**Traditional Owner Settlement Amendment Act 2016, No. 67/2016**\n\n| Assent Date: | 15.11.16 |\n| Commencement Date: | S. 31 on 1.5.17: s. 2(2) |\n\n**Victorian Fisheries Authority Act 2016, No. 68/2016**\n\n| *Assent Date:* | 15.11.16 |\n| *Commencement Date:* | S. 166 on 1.7.17: s. 2(2) |\n\n**Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017, No. 38/2017**\n\n| Assent Date: | 29.8.17 |\n| Commencement Date: | S. 62 on 30.8.17: s. 2(1) |\n\n**Yarra River Protection (Wilip-gin Birrarung murron) Act 2017, No. 49/2017**\n\n| Assent Date: | 26.9.17 |\n| Commencement Date: | Ss 76, 77 on 1.12.17: s. 2(3) |\n\n**Parks and Crown Land Legislation Amendment Act 2017, No. 53/2017**\n\n| Assent Date: | 24.10.17 |\n| Commencement Date: | S. 76 on 15.12.17: Special Gazette (No. 433) 12.12.17 p. 1 |\n\n**Oaths and Affirmations Act 2018, No. 6/2018**\n\n| Assent Date: | 27.2.18 |\n| Commencement Date: | S. 68(Sch. 2 item 58) on 1.3.19: s. 2(2) |\n\n**Planning and Environment Amendment (Distinctive Areas and Landscapes) Act 2018, No. 17/2018**\n\n| Assent Date: | 29.5.18 |\n| Commencement Date: | Ss 13, 14 on 30.5.18: s. 2 |\n\n**Parks Victoria Act 2018, No. 19/2018**\n\n| Assent Date: | 5.6.18 |\n| Commencement Date: | Ss 103–135 on 12.9.18: Special Gazette (No. 386) 21.8.18 p. 1 |\n\n**Great Ocean Road and Environs Protection Act 2020, No. 19/2020**\n\n| Assent Date: | 23.6.20 |\n| Commencement Date: | Ss 89−91 on 1.12.20: s. 2(2) |\n\n**Justice Legislation Amendment (Supporting Victims and Other Matters) Act 2020, No. 35/2020**\n\n| Assent Date: | 17.11.20 |\n| Commencement Date: | Ss 51, 52 on 18.11.20: s. 2(1) |\n\n**Parks and Crown Land Legislation Amendment Act 2020, No. 40/2020**\n\n| Assent Date: | 1.12.20 |\n| Commencement Date: | S. 31 on 15.12.20: Special Gazette (No. 666) 15.12.20 p. 1; ss 32−34 on 1.9.21: s. 2(2) |\n\n**Forests Legislation Amendment (Compliance and Enforcement) Act 2021, No. 38/2021**\n\n| Assent Date: | 12.10.21 |\n| Commencement Date: | Ss 13–22 on 1.3.22: s. 2(2) |\n\n**Great Ocean Road and Environs Protection Amendment Act 2021, No. 42/2021**\n\n| *Assent Date:* | 19.10.21 |\n| *Commencement Date:* | Ss 62−84 on 1.9.22: s. 2(2) |\n\n**Suburban Rail Loop Act 2021, No. 43/2021**\n\n| Assent Date: | 19.10.21 |\n| Commencement Date: | S. 219(Sch. 1 item 6) on 1.12.21: Special Gazette (No. 649) 23.11.21 p. 1 |\n\n**Forests Amendment (Forest Firefighters Presumptive Rights Compensation) Act 2021, No. 46/2021**\n\n| Assent Date: | 3.11.21 |\n| Commencement Date: | Ss 4–9 on 14.9.22: s. 2(2) |\n\n**Alpine Resorts Legislation Amendment Act 2022, No. 9/2022**\n\n| Assent Date: | 16.3.22 |\n| Commencement Date: | S. 42 on 1.10.22: Special Gazette (No. 371) 26.7.22 p. 1 |\n\n**Statute Law Amendment (References to the Sovereign) Act 2023, No. 25/2023**\n\n| Assent Date: | 5.9.23 |\n| Commencement Date: | S. 7(Sch. 1 item 15) on 6.9.23: s. 2 |\n\n**Justice Legislation Amendment Act 2023, No. 26/2023**\n\n| Assent Date: | 10.10.23 |\n| Commencement Date: | S. 27 on 11.10.23: s. 2(1) |\n\n**Statute Law Revision Act 2024, No. 13/2024**\n\n| Assent Date: | 23.4.24 |\n| Commencement Date: | S. 3(Sch. 1 item 5) on 24.4.24: s. 2 |\n\n**Energy and Public Land Legislation Amendment (Enabling Offshore Wind Energy) Act 2024, No. 14/2024**\n\n| Assent Date: | 7.5.24 |\n| Commencement Date: | Ss 14, 15 on 19.12.24: Special Gazette (No. 686) 10.12.24 p. 1 |\n\n**Sustainable Forests (Timber) Repeal Act 2024, No. 24/2024**\n\n| Assent Date: | 25.6.24 |\n| Commencement Date: | Ss 19–29, 41–61 on 1.7.24: Special Gazette (No. 345) 25.6.24 p. 1 |\n\n**Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025, No. 25/2025**\n\n| Assent Date: | 5.8.25 |\n| Commencement Date: | S. 106(Sch. 1 item 17) on 6.8.25: s. 2(1) |\n\n**Statute Law Revision Act 2025, No. 41/2025**\n\n| Assent Date: | 21.10.25 |\n| Commencement Date: | S. 4(Sch. 2 item 14) on 22.10.25: s. 2 |\n\n**Parks and Public Land Legislation Amendment (Central West and Other Matters) Act 2025, No. 47/2025**\n\n| Assent Date: | 25.11.25 |\n| Commencement Date: | S. 27 on 26.11.25: s. 2(1) |\n\nMetric Conversion (Forests Act) Regulations 1974, S.R. No. 258/1974\n\n| Date of Making: | 19.6.74 |\n| Date of Commencement: | 30.6.74: reg. 1 |\n\nGovernment Gazette 16 January 1997 page 128\n\n3 Explanatory details\n\n1. Ss 9–17:\n\n  Heading preceding s. 9 repealed by No. 96/1994 s. 56(a).\n\n  Ss 9, 10 repealed by No. 41/1987 s. 103(Sch. 4 item 24.17).\n\n  S. 11 amended by Nos 6471 s. 3 (as amended by No. 6489 s. 4), 6624 s. 4(a)(b), 7054 s. 3(a)(b), 7356 s. 3(a)(b), 7581 s. 5(a)(b), 7954 s. 4(a)(b), 8082 s. 3(1), repealed by No. 41/1987 s. 103(Sch. 4 item 24.17).\n\n  S. 12 repealed by No. 41/1987 s. 103(Sch. 4 item 24.17).\n\n  S. 13 amended by No. 9019 s. 2(1)(Sch. item 76), repealed by No. 41/1987 s. 103(Sch. 4 item 24.17).\n\n  Ss 14, 15 repealed by No. 41/1987 s. 103(Sch. 4 item 24.17).\n\n  S. 16 amended by Nos 9576 s. 11(1), 9615 s. 2, 10235 s. 3(a), repealed by No. 41/1987 s. 103(Sch. 4 item 24.17).\n\n  S. 17 amended by Nos 9019 s. 2(1)(Sch. item 76), 9615 s. 3(1)(a)(i)(ii)(b)(2), repealed by No. 41/1987 s. 103(Sch. 4 item 24.17). [↑](#endnote-ref-2)\n\n2. Ss 23–26:\n\n  S. 23 amended by Nos 7674 s. 2, 8587 s. 4, 9417 s. 3(1)(a)(b)(2), repealed by No. 41/1987 s. 103(Sch. 4 item 24.28).\n\n  Ss 24–26 repealed by No. 41/1987 s. 103(Sch. 4 item 24.28). [↑](#endnote-ref-3)\n\n3. Ss 30–37:\n\n  S. 30 amended by Nos 6976 s. 6(1), 9549 s. 2(1)(Sch. item 63), repealed by No. 9861 s. 3(1).\n\n  S. 31 amended by No. 6976 s. 6(2), repealed by No. 41/1987 s. 103(Sch. 4 item 24.34).\n\n  S. 32 amended by No. 8035 s. 5, repealed by No. 41/1987 s. 103(Sch. 4 item 24.34).\n\n  S. 32A inserted by No. 6976 s. 6(3), substituted by No. 9861 s. 3(1), repealed by No. 41/1987 s. 103(Sch. 4 item 24.35).\n\n  S. 32AA inserted by No. 9861 s. 3(1), repealed by No. 41/1987 s. 103(Sch. 4 item 24.36).\n\n  S. 33 amended by Nos 6976 s. 6(4), 9549 s. 2(1)(Sch. item 63), repealed by No. 41/1987 s. 103(Sch. 4 item 24.37).\n\n  Heading preceding s. 34 repealed by No. 96/1994 s. 56(c).\n\n  Ss 34–36 repealed by No. 41/1987 s. 103(Sch. 4 item 24.37).\n\n  S. 37 amended by No. 10087 s. 3(1)(Sch. 1 item 79), repealed by No. 41/1987 s. 103(Sch. 4 item 24.37). [↑](#endnote-ref-4)\n\n4. Ss 38A, 39:\n\n  S. 38A inserted by No. 8035 s. 6, amended by No. 121/1986 s. 112, repealed by No. 41/1987 s. 103(Sch. 4 item 24.39).\n\n  Heading preceding s. 39 repealed by No. 96/1994 s. 56(d).\n\n  S. 39 amended by No. 9019 s. 2(1)(Sch. item 75), repealed by No. 41/1987 s. 103(Sch. 4 item 24.40). [↑](#endnote-ref-5)\n\n5. S. 48(1): Refer to section 5 of the **Decimal Currency Act 1965**, No. 7315 (*repealed*). [↑](#endnote-ref-6)\n\n6. S. 63(5): See note 5. [↑](#endnote-ref-7)\n\n7. Ss 86, 87:\n\n  S. 86 amended by Nos 9549 s. 2(1)(Sch. item 63), 41/1987 s. 103(Sch. 4 item 24.99), 13/1990 s. 40(g), repealed by No. 89/1994 s. 37.\n\n  S. 87 amended by Nos 41/1987 s. 103(Sch. 4 item 24.100), 13/1990 s. 40(h), repealed by No. 89/1994 s. 37. [↑](#endnote-ref-8)\n\n8. S. 91(b): See note 5. [↑](#endnote-ref-9)\n\n9. S. 94A (*repealed*): Section 114 of the **Conservation, Forests and Lands Act 1987**, No. 41/1987 reads as follows:\n\n","sortOrder":170},{"sectionNumber":"114","sectionType":"section","heading":"Continuation of section 94A of the Forests Act 1958","content":"  114 Continuation of section 94A of the Forests Act 1958\n\n  If before the date of commencement of item 24.107 of Schedule 4—\n\n  (a) an advance was made; or\n\n  (b) an agreement was entered into; or\n\n  (c) a caveat was lodged—\n\n  under section 94A of the **Forests Act 1958**, that section as in force immediately before the date of commencement of that item continues to apply on and after that date to that advance, agreement or caveat, despite the repeal of that section by this Act. [↑](#endnote-ref-10)","sortOrder":171}],"analysis":{"kimi_summary":{"_metrics":{"source":"grok-batch-everything"},"content_quality":"ok","complexity_score":9,"scope_assessment":{"changed":true,"description":"The original 1958 consolidation focused on basic forest management, timber production, and fire protection. It has grown significantly to encompass modern elements including traditional owner land management agreements (s 28, s 3D), tour operator licensing (ss 57E–57N), regulated domestic firewood collection with household limits and offences (ss 57O–57ZF), presumptive compensation for occupational and surge forest firefighters (ss 72A–72R), and specific duties for areas like Yarra River land (s 18B) and the Great Ocean Road region (s 18D). These additions reflect expanded environmental, cultural, recreational, and worker rights priorities beyond the initial focus on Crown control and resource extraction."},"complexity_factors":["Over 50 defined terms in section 3, many cross-referencing other Acts like the Conservation, Forests and Lands Act 1987, National Parks Act 1975, and Emergency Management Act 2013","More than 100 sections spanning management powers, leases/licences, fire prevention (ss 61A–72), firewood collection (ss 57O–57ZF), and presumptive compensation for firefighters (ss 72A–72R)","Frequent cross-references and conditional exceptions, such as obligations for Yarra River land (s 18B), declared areas (s 18C), and Great Ocean Road region (s 18D)","Nested regulatory powers in s 99 and s 100, plus incorporation of external documents and detailed offence provisions with varying penalties (e.g. s 96, s 97)","Transitional provisions (ss 102–109) and schedules dealing with reserved forests, reflecting heavy amendment history"],"plain_english_summary":"**The Forests Act 1958 is the main law for managing and protecting Victoria's state forests.** It sets out who controls the forests (mainly a government body called the Secretary, along with Parks Victoria and the Great Ocean Road Coast and Parks Authority in some areas), and makes it clear that things like timber, firewood, and other forest products belong to the government (the Crown) unless properly sold or licensed. \n\nIt affects:\n- **Forestry workers and companies** who harvest timber or use the forest for business.\n- **Tour operators and visitors** who need licences for organised activities.\n- **Local communities** who can collect limited firewood for home use under strict rules.\n- **Traditional Owner groups** who have agreements to help manage certain lands.\n- **Everyone** living near or using forests, through fire prevention rules that limit campfires, burning off, and activities during high fire danger.\n\nKey rules cover leasing forest land, stopping illegal logging, fighting and preventing fires, protecting wildlife and habitats, and compensating firefighters for certain illnesses. It matters because it balances using forests for timber, recreation, and tourism with protecting them for the environment, future generations, and reducing bushfire risks in a fire-prone state. Without it, forests could be overused or destroyed, harming wildlife, water supplies, and the economy."},"flash_summary":{"complexity_score":10,"scope_assessment":{"changed":true,"description":"Originally enacted in 1958 to consolidate laws for the management and protection of State forests, the Act has expanded far beyond its original scope. It now covers tour operator licensing, detailed firewood collection regulations, traditional owner management agreements, Yarra River protection, Great Ocean Road region obligations, offshore wind energy infrastructure, and a comprehensive forest firefighters presumptive rights compensation scheme. These additions have significantly broadened the Act's reach beyond basic forest management into areas of tourism, energy, Indigenous land management, and workers' compensation."},"complexity_factors":["Over 100 sections spread across 200+ pages","Approximately 70 defined terms in section 3 alone","Extensive cross-referencing to other Acts (e.g., Land Act 1958, Water Act 1989, Conservation Forests and Lands Act 1987, Emergency Management Act 2013, Workplace Injury Rehabilitation and Compensation Act 2013)","Nested exceptions and exemptions (e.g., firewood collection rules have multiple tiers of offences and exceptions)","Multiple amendment layers with historical versions still relevant","Complex fire prevention provisions with multiple offences and defences","Detailed forest firefighters presumptive rights scheme with 11 specified diseases and varying qualifying periods","Provisions for multiple management bodies (Secretary, Parks Victoria, Great Ocean Road Coast and Parks Authority, Traditional Owner Land Management Boards)","Transitional provisions and repeals (e.g., Sustainable Forests (Timber) Repeal Act 2024) that require understanding of pre- and post-repeal law"],"plain_english_summary":"The **Forests Act 1958** is a Victorian law that controls how state forests are managed and used. It declares that all forest products (like timber, firewood, honey, and even sand or gravel) in state forests belong to the Crown (the government). The Act sets out who can cut or remove those products, usually only with a lease, licence, or permit. It creates rules for leasing land in forests, granting licences for activities like grazing cattle, collecting firewood, or running tour operations. The Act also establishes a detailed system for collecting firewood for personal use, including designated collection areas and seasons, with limits on how much can be taken. A major part of the Act deals with fire prevention and suppression in forests, national parks, and protected public land. It gives the Secretary (a government body) powers to manage fire risks, issue fire bans, and carry out controlled burns. It also creates a presumption that certain cancers (like brain, bladder, and breast cancer) in forest firefighters are caused by their job, making it easier for them to get workers' compensation. The Act also now allows for leases or permits for offshore wind energy infrastructure in forests."},"summary":{"complexity_score":7,"scope_assessment":{"changed":true,"description":"The original 1958 Act was primarily focused on facilitating commercial timber production and forest industry development in post-war Victoria. Over time, through amendments, the scope has broadened to incorporate environmental protection obligations, sustainable forest management principles, and greater regulatory oversight. The balance has shifted from a predominantly industry-enabling statute toward one that attempts to reconcile commercial forestry with conservation outcomes — a significant change from the original intent."},"complexity_factors":["The Act has been in force since 1958 and has accumulated numerous amendments over decades, creating layered and sometimes inconsistent provisions","It intersects with multiple other Victorian laws including the Crown Land (Reserves) Act, National Parks Act, and various environment protection statutes","It establishes complex administrative structures and delegated powers across multiple agencies and officials","Licensing and permit regimes involve detailed technical and procedural requirements","Provisions around royalties, fees, and financial arrangements are administratively complex","The Act touches on competing legal interests — commercial rights, environmental obligations, and public land tenure — which creates interpretive difficulty","Some provisions have been significantly modified or effectively superseded by later legislation without full repeal, creating uncertainty about what is still operative"],"plain_english_summary":"## Forests Act 1958 (Victoria)\n\nThis is a **Victorian law** that has been in operation since 1958 and governs the management, use, and protection of forests in Victoria.\n\n**What it covers:**\n- How State forests are managed and administered\n- Who has authority over forestry operations (primarily VicForests and the relevant government department)\n- Rules around timber harvesting, licensing, and permits\n- Protection of forests from damage, trespass, and illegal timber removal\n- Revenue and royalties from timber and forest products\n\n**Who it affects:**\n- Timber industry operators and logging companies\n- Farmers or landowners near State forests\n- Recreational users of forests (bushwalkers, campers)\n- Indigenous communities with connections to forested land\n- Conservation groups and environmental advocates\n- Government agencies managing public land\n\n**Why it matters:**\nThis Act is the foundational legal framework for how Victoria's public forests are used and protected. It sets the rules for who can cut timber, under what conditions, and what happens if those rules are broken. It also determines how forest resources are allocated — balancing economic use (logging, grazing) against conservation. Given Victoria's significant native forest sector and ongoing debates about old-growth logging, this Act sits at the centre of major environmental and economic policy discussions.\n\n**Note:** This is a long-standing law that has been amended many times over the decades, so its current form reflects layers of changes built on the original 1958 framework."}},"importantCases":[],"_links":{"self":"/api/acts/forests-act-1958","history":"/api/acts/forests-act-1958/history","analysis":"/api/acts/forests-act-1958/analysis","conflicts":"/api/acts/forests-act-1958/conflicts","importantCases":"/api/acts/forests-act-1958/important-cases","documents":"/api/acts/forests-act-1958/documents"}}