{"id":"sr:forests-fire-protection-regulations-2025","name":"Forests (Fire Protection) Regulations 2025","slug":"forests-fire-protection-regulations-2025","collection":"regulation","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":181483,"registerId":"vic-sr:forests-fire-protection-regulations-2025-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Forests (Fire Protection) Regulations 2025","content":"Version No. 001\n\n**Forests (Fire Protection) Regulations 2025**\n\n**S.R. No. 34/2025**\n\nVersion as at  \n7 June 2025\n\n**TABLE OF PROVISIONS**\n\n*Regulation Page*\n\nPart 1—Preliminary 1\n\n1 Objective 1\n\n2 Authorising provisions 1\n\n3 Commencement 1\n\n4 Revocation 1\n\n5 Definitions 1\n\n6 Application of Regulations 3\n\n7 Traditional owner use of fire in accordance with traditional owner group agreement 3\n\n8 Power of authorised officer to grant exemptions from these Regulations 4\n\nPart 2—Fires in the open air 5\n\n9 Circumstances in which authority is required to light a fire in fire protected areas 5\n\n10 Campfires or barbeques using solid fuel 6\n\n11 Campfires or barbeques using liquid fuel, gaseous fuel or chemical solid fuel 7\n\n12 Burning of inflammable material of a sawmill 8\n\n13 Bee farming 8\n\n14 Power of authorised officers to give written authority to light fires in a fire protected area 9\n\n15 Extinguishment of fire in the open air 9\n\n16 Fire in the open air must be extinguished at direction of authorised officer 10\n\n17 Offence to leave campfire or barbeque 10\n\nPart 3—Engines and equipment 11\n\n18 Stationary engines 11\n\n19 Non-stationary engines 12\n\n20 Welding, grinding, soldering or gas-cutting equipment 13\n\nPart 4—Operations 15\n\n21 Clearing of areas related to an operation 15\n\n22 Authorised officer may determine clearance distance 15\n\n23 Firefighting equipment required at sawmills 16\n\n24 Firefighting equipment required at an operation that is not a sawmill 17\n\n25 Storage and disposal of inflammable material of sawmills 18\n\n26 Safety fuse or fuse lighters 18\n\n═════════════\n\nEndnotes 19\n\n1 General information 19\n\n2 Table of Amendments 21\n\n3 Explanatory details 22\n\n**Version No.** **001**\n\n**Forests (Fire Protection) Regulations 2025**\n\n**S.R. No. 34/2025**\n\nVersion as at  \n7 June 2025\n\nPart 1—Preliminary\n\n\t1 Objective\n\nThe objective of these Regulations is to provide for the protection of State forests, protected public land and national parks from damage by fire.\n\n\t2 Authorising provisions\n\nThese Regulations are made under sections 99 and 99A of the **Forests Act 1958**.\n\n\t3 Commencement\n\nThese Regulations come into operation on 7 June 2025.\n\n\t4 Revocation\n\nThe Forests (Fire Protection) Regulations 2014[[1]](#endnote-2) are **revoked**.\n\n\t5 Definitions\n\nIn these Regulations—\n\n***adequate water supply*** means—\n\n(a) a reticulated water supply; or\n\n(b) a tank with a capacity of not less than 200 litres which is fully charged with water and capable of delivering a continuous and steady stream of water by means of a hose connected to a pump with an engine power rating of not less than 37 kilowatts;\n\n***agreed activity***  has the same meaning as in section 79 of the **Traditional Owner Settlement Act 2010**;\n\n***AS 1019–2000*** means the standard published by Standards Australia entitled \"AS 1019–2000 Internal combustion engines—Spark emission control devices\" as published on 1 August 2000;\n\n***AS 1687–1991*** means the standard published by Standards Australia entitled \"AS 1687–1991 Knapsack spray pumps for firefighting\" as published on 11 February 1991;\n\n***AS/NZS 1841.1:2007*** means the standard published jointly by Standards Australia and the Standards Council of New Zealand entitled \"AS/NZS 1841.1:2007 Portable fire extinguishers Part 1: General requirements\" as published on 31 August 2007;\n\n***AS/NZS 1841.2:2007*** means the standard published jointly by Standards Australia and the Standards Council of New Zealand entitled \"AS/NZS 1841.2:2007 Portable fire extinguishers Part 2: Specific requirements for water type extinguishers\" as published on 31 August 2007;\n\n***operation*** means any operation connected with sawmilling, mining, quarrying, brick making, eucalyptus oil distilling or charcoal burning;\n\n***properly constructed fireplace*** means a fireplace constructed of stone, metal, concrete or other non-flammable material in a manner which contains the perimeter of a fire;\n\n***relevant licensed water frontage*** means a licensed water frontage (within the meaning of the **Land Act 1958**) that is not located in a State forest;\n\n***smoker*** means a device used to generate smoke for the purposes of beekeeping;\n\n***the Act*** means the **Forests Act 1958**;\n\n***traditional owner group agreement*** means an agreement under Part 6 of the **Traditional Owner Settlement Act 2010**;\n\n***traditional owner group entity*** has the same meaning as in section 3 of the **Traditional Owner Settlement Act 2010**.\n\n\t6 Application of Regulations\n\nNothing in these Regulations permits the lighting, kindling or maintaining of a fire—\n\n(a) in an area which is subject to a notice under section 64 of the Act prohibiting the use of fire in the open air; or\n\n(b) in an area which is subject to a declaration of a day or partial day of total fire ban under the **Country Fire Authority Act 1958**; or\n\n(c) in an area in which fires generally or a fire of that type are prohibited under the **National Parks Act 1975**; or\n\n(d) in contravention of any other Act.\n\n\t7 Traditional owner use of fire in accordance with traditional owner group agreement\n\n(1) If a traditional owner group entity has entered into a traditional owner group agreement, any provision of these Regulations (other than a provision specified in subregulation (2)) that provides that the carrying out of an activity is an offence does not apply to a member of the traditional owner group who is—\n\n(a) bound by the agreement; and\n\n(b) carrying out that activity as an agreed activity in accordance with the agreement and on land to which the agreement applies.\n\n(2) For the purpose of subregulation (1), the following provisions are specified—\n\n(a) regulation 15;\n\n(b) regulation 16;\n\n(c) regulation 17.\n\n\t8 Power of authorised officer to grant exemptions from these Regulations\n\n(1) An authorised officer, by notice in writing given to a person, may grant an exemption from a provision of Part 3 or 4.\n\n(2) An exemption under subregulation (1)—\n\n(a) must specify the provisions to which the exemption relates and the period for which the exemption applies; and\n\n(b) may specify any reasonable conditions that the authorised officer considers appropriate.\n\n(3) An authorised officer, by notice in writing given to a person, may revoke an exemption granted under subregulation (1).\n\n(4) A person to whom an exemption is granted under subregulation (1) does not commit an offence against a provision specified in the exemption if the person complies with any conditions specified in the exemption when engaging in the conduct to which the offence relates.\n\nPart 2—Fires in the open air\n\n\t9 Circumstances in which authority is required to light a fire in fire protected areas\n\n(1) For the purposes of section 63(1)(a) of the Act, a person is required to have written authority before lighting any fire in the open air in a State forest, on protected public land or in a national park unless the fire is—\n\n(a) a solid fuel campfire or barbeque that complies with regulation 10(1); or\n\n(b) a liquid fuel, gaseous fuel or chemical solid fuel campfire or barbeque that complies with regulation 11(1); or\n\n(c) a sawmill material fire that complies with regulation 12; or\n\n(d) a bee farming fire that complies with regulation 13; or\n\n(e) a fire that is lit in the course of undertaking an agreed activity by a traditional owner group or a member of a traditional owner group under and in accordance with a traditional owner group agreement on land to which the agreement applies.\n\n(2) For the purposes of section 63(2)(a) of the Act, a person is required to have written authority before lighting any fire in the open air in a fire protected area (not being a State forest, protected public land or a national park) during the prohibited period unless the fire is—\n\n(a) a solid fuel campfire or barbeque that complies with regulation 10(2); or\n\n(b) a liquid fuel, gaseous fuel or chemical solid fuel campfire or barbeque that complies with regulation 11(2); or\n\n(c) a sawmill material fire that complies with regulation 12; or\n\n(d) a bee farming fire that complies with regulation 13; or\n\n(e) a fire that is lit in the course of undertaking an agreed activity by a traditional owner group or a member of a traditional owner group under and in accordance with a traditional owner group agreement on land to which the agreement applies; or\n\n(f) a fire that is lit in accordance with any permit granted under section 38(1) or 40(4E) or (5) of the **Country Fire Authority Act 1958**.\n\n\t10 Campfires or barbeques using solid fuel\n\n(1) The written authority of an authorised officer is not required for a campfire or barbeque using solid fuel in a State forest, on protected public land or in a national park if the fire is lit in a properly constructed fireplace.\n\n(2) The written authority of an authorised officer is not required for a campfire or barbeque that uses solid fuel in a fire protected area (not being a State forest, protected public land or a national park) during the prohibited period if—\n\n(a) the ground and airspace within a distance of 3 metres from the outer perimeter and uppermost point of the fire are clear of inflammable material; and\n\n(b) the area of the campfire or barbeque is not more than one square metre; and\n\n(c) none of the dimensions of any piece of the solid fuel that is being used in the campfire or barbeque exceeds one metre; and\n\n(d) the fire is lit in a properly constructed fireplace; and\n\n(e) the air movement in the vicinity of the fire is no stronger than 10 kilometres an hour.\n\n**Note**\n\nSections 66B(1) and 66C of the Act set out prohibitions associated with the clearance and dimensions of a solid fuel campfire or barbeque lit in the open air in a State forest, on protected public land or in a national park.\n\n\t11 Campfires or barbeques using liquid fuel, gaseous fuel or chemical solid fuel\n\n(1) The written authority of an authorised officer is not required for a campfire or barbeque that uses liquid fuel, gaseous fuel or chemical solid fuel if—\n\n(a) the fire is contained in an appliance designed and commercially manufactured to use that fuel; and\n\n(b) the appliance when alight is placed in a stable position.\n\n(2) The written authority of an authorised officer is not required for a campfire or barbeque using liquid fuel, gaseous fuel or chemical solid fuel in the open air in a fire protected area (not being a State forest, protected public land or a national park) if the ground and airspace within a distance of 1·5 metres of the appliance are clear of inflammable material.\n\n**Note**\n\nSection 66B(2) of the Act prohibits a person from lighting, kindling or maintaining a campfire or barbeque that uses chemical solid fuel in the open air in certain circumstances, unless the areas around and above the fire meet the clearance requirements set out in that section.\n\n\t12 Burning of inflammable material of a sawmill\n\n(1) The written authority of an authorised officer is not required for a fire in connection with the operations of a sawmill if the fire is effectively contained in a pit or structure.\n\n(2) An authorised officer, by written notice, may require a person in charge of a sawmill to alter the dimensions of a pit or structure referred to in subregulation (1) if the authorised officer reasonably believes that the pit or structure is not sufficient to effectively contain a fire in connection with the operations of the sawmill.\n\n(3) A person in charge of a sawmill who receives a notice under subregulation (2) must comply with the notice.\n\nPenalty: 50 penalty units.\n\n\t13 Bee farming\n\n(1) The written authority of an authorised officer is not required for a fire within a smoker used in connection with a bee farming operation if the person in charge of the bee farming operation—\n\n(a) uses the smoker on an area of ground which is clear of all inflammable material for a distance of 15 metres from the outer perimeter and uppermost point of each beehive; and\n\n(b) places the smoker in a fireproof receptacle when not in use; and\n\n(c) during the prohibited period, has available for immediate use at least one hose connected to an adequate water supply, or if there is no adequate water supply—\n\n(i) at least one knapsack spray pump with a tank capacity of not less than 9 litres which is fully charged with water, is in proper working order and complies with AS 1687–1991; and\n\n(ii) at least one rakehoe or similar implement capable of removing grass, shrubs, vegetation and other inflammable material from the area of the fire.\n\n(2) For the purposes of subregulation (1)(a), inflammable material does not include a standing tree (whether living or dead) or the beehive to which the smoker is being applied.\n\n\t14 Power of authorised officers to give written authority to light fires in a fire protected area\n\n(1) An authorised officer may give a person a written authority to light a fire in a fire protected area.\n\n(2) An authority under subregulation (1)—\n\n(a) must specify the period for which the authority applies; and\n\n(b) may be subject to any reasonable conditions determined by the authorised officer that are specified in the authority.\n\n(3) An authorised officer, by notice in writing given to a person, may revoke an authority given under subregulation (1).\n\n\t15 Extinguishment of fire in the open air\n\nA person who has lit, kindled or maintained a fire, or who is in charge of a fire, in the open air in a fire protected area during the prohibited period must, before leaving the place of the fire—\n\n(a) completely extinguish the fire; or\n\n(b) ensure that a person who has the capacity and means to extinguish the fire is in charge of the fire.\n\n\t16 Fire in the open air must be extinguished at direction of authorised officer\n\nA person who has lit, kindled or maintained a fire, or who is in charge of a fire, in the open air in a fire protected area during the prohibited period must extinguish the fire immediately when directed to do so by an authorised officer.\n\n**Notes**\n\n1 A person who contravenes regulation 15 or 16 in any State forest, protected public land or national park is liable to a penalty under section 63(1) of the Act (see section 63(1)(aa)).\n\n2 A person who contravenes regulation 15 or 16 in any fire protected area (not being a State forest, protected public land or national park) is liable to a penalty under section 63(2) of the Act (see section 63(2)(aa)).\n\n\t17 Offence to leave campfire or barbeque\n\nA person in charge of a [campfire or barbeque](https://classic.austlii.edu.au/au/legis/vic/consol_act/fa1958116/s3.html#campfire_or_barbeque) that uses [solid](https://classic.austlii.edu.au/au/legis/vic/consol_act/fa1958116/s3.html#solid) fuel and that is in the open air in a fire protected area (not being a State forest, protected public land, a national park or a relevant licensed water frontage) during the prohibited period must not—\n\n(a) be outside the line of sight of the [campfire or barbeque](https://classic.austlii.edu.au/au/legis/vic/consol_act/fa1958116/s3.html#campfire_or_barbeque); or\n\n(b) be more than 50 metres from the perimeter of the [campfire or](https://classic.austlii.edu.au/au/legis/vic/consol_act/fa1958116/s3.html#campfire_or_barbeque) [barbeque](https://classic.austlii.edu.au/au/legis/vic/consol_act/fa1958116/s3.html#campfire_or_barbeque).\n\nPenalty: 50 penalty units.\n\n**Note**\n\nSection 66A of the Act imposes requirements on a person in charge of a campfire or barbeque used in a State forest, protected public land, national park or a licensed water frontage that is in a State forest.\n\nPart 3—Engines and equipment\n\n\t18 Stationary engines\n\n(1) A person must not use a stationary engine in a fire protected area during the prohibited period—\n\n(a) if the stationary engine is in the open air; or\n\n(b) if the exhaust of the stationary engine discharges into the open air.\n\nPenalty: 50 penalty units.\n\n(2) Subregulation (1) does not apply to a person who ensures that the following requirements are satisfied when using the stationary engine—\n\n(a) the exhaust pipe is fitted with a spark arrestor which—\n\n(i) is in proper working order; and\n\n(ii) complies with AS 1019–2000;\n\n(b) the ground and airspace within a distance of 1⸱5 metres from the outer perimeter of the stationary engine and from the uppermost point of the stationary engine are clear of inflammable material;\n\n(c) there is available for immediate use—\n\n(i) a hose connected to an adequate water supply; or\n\n(ii) if there is no adequate water supply, at least—\n\n(A) one knapsack spray pump with a tank capacity of not less than 9 litres which is fully charged with water, is in proper working order and complies with  \nAS 1687–1991; or\n\n(B) one water (stored pressure) fire extinguisher which is in proper working order, is fully charged with water and maintained at the correct pressure, has a tank capacity of not less than 9 litres and complies with  \nAS/NZS 1841.1:2007 and AS/NZS 1841.2:2007.\n\n(3) In this regulation, ***stationary engine*** includes, but is not limited to, motor driven pumps and generators.\n\n\t19 Non-stationary engines\n\n(1) A person must not use a non-stationary engine in a way that places it in contact with any crop, stubble, weeds, undergrowth or other vegetation in a fire protected area during the prohibited period.\n\nPenalty: 50 penalty units.\n\n(2) Subregulation (1) does not apply to a person who ensures that the following requirements are satisfied when using the non-stationary engine—\n\n(a) the engine is fitted with—\n\n(i) a spark arrestor which is in proper working order and complies with AS 1019–2000; or\n\n(ii) a turbo charger or an exhaust aspirated air cleaner;\n\n(b) there is available for immediate use—\n\n(i) a hose connected to an adequate water supply; or\n\n(ii) if there is no adequate water supply, at least—\n\n(A) one knapsack spray pump with a tank capacity of not less than 9 litres which is fully charged with water, is in proper working order and complies with AS 1687–1991; or\n\n(B) one water (stored pressure) fire extinguisher which is in proper working order, is fully charged with water and maintained at the correct pressure, has a tank capacity of not less than 9 litres and complies with AS/NZS 1841.1:2007 and AS/NZS 1841.2:2007.\n\n(3) In this regulation, ***non-stationary engine*** includes, but is not limited to, chainsaws and vehicles.\n\n\t20 Welding, grinding, soldering or gas-cutting equipment\n\n(1) A person must not use any welding, grinding, gas‑cutting or soldering equipment in the open air in a fire protected area during the prohibited period.\n\nPenalty: 50 penalty units.\n\n(2) Subregulation (1) does not apply to a person who ensures that the following requirements are satisfied when using the equipment—\n\n(a) the ground and airspace within a distance of 3 metres from the outer perimeter and uppermost point of the equipment are clear of inflammable material, or wetted sufficiently to prevent the spread of fire;\n\n(b) the equipment is used with a shield of  \nfire-resistant material that is placed or erected in such a way as to prevent the emission of sparks, hot metal or slag;\n\n(c) all cut-offs, electrode stubs and other hot materials from the operation are placed directly in a fireproof receptacle;\n\n(d) there is available for immediate use—\n\n(i) a hose connected to an adequate water supply; or\n\n(ii) if there is no adequate water supply, at least—\n\n(A) one knapsack spray pump with a tank capacity of not less than 9 litres which is fully charged with water, is in proper working order and complies with AS 1687–1991; or\n\n(B) one water (stored pressure) fire extinguisher which is in proper working order, is fully charged with water and maintained at the correct pressure, has a tank capacity of not less than 9 litres and complies with AS/NZS 1841.1:2007 and AS/NZS 1841.2:2007.\n\nPart 4—Operations\n\n\t21 Clearing of areas related to an operation\n\nA person in charge of an operation in a fire protected area must ensure that the outer perimeter of any of the following areas related to that operation is maintained clear of inflammable material at all times—\n\n(a) a log dump;\n\n(b) a timber stack;\n\n(c) timber product;\n\n(d) a waste burner;\n\n(e) a pit;\n\n(f) a winch;\n\n(g) a kiln;\n\n(h) a quarry;\n\n(i) a distillery;\n\n(j) a retort or other structure associated with the operation;\n\n(k) any other part of the operation.\n\nPenalty: 50 penalty units.\n\n\t22 Authorised officer may determine clearance distance\n\n(1) Subject to subregulation (2), an authorised officer, by written notice, may require the person in charge of an operation in a fire protected area to maintain a minimum clearance distance for an area referred to in regulation 21 if the authorised officer reasonably believes that such a clearance distance is required to reduce the risk of fire.\n\n(2) The minimum clearance distance specified in a notice under subregulation (1) must not exceed 40 metres.\n\n(3) A notice under subregulation (1) must specify—\n\n(a) the minimum clearance distance and the area of the operation to which it relates; and\n\n(b) whether the person in charge of the operation is required to maintain the minimum clearance distance—\n\n(i) at all times; or\n\n(ii) at the times specified in the notice.\n\n(4) The person in charge of the operation must comply with a notice given to the person under subregulation (1).\n\nPenalty: 50 penalty units.\n\n(5) In this regulation—\n\n***clearance distance*** means the distance between the outer perimeter of an area and the nearest inflammable material.\n\n\t23 Firefighting equipment required at sawmills\n\n(1) An authorised officer, by notice in writing issued to the person in charge of a sawmill in a fire protected area, may specify—\n\n(a) the firefighting apparatus, water supplies and related equipment required to be provided at the sawmill; and\n\n(b) the places within the sawmill at which that apparatus and equipment  must be stored.\n\n(2) A person in charge of a sawmill in a fire protected area must ensure that all firefighting apparatus, water supplies and related equipment specified by an authorised officer in a notice issued under subregulation (1) are provided at the sawmill and stored at the places specified in the notice.\n\nPenalty: 50 penalty units.\n\n(3) A person in charge of a sawmill in a fire protected area must ensure that all firefighting apparatus, water supplies and related equipment specified in a notice issued under subregulation (1) are—\n\n(a) available for immediate use; and\n\n(b) maintained in proper working order.\n\nPenalty: 50 penalty units.\n\n\t24 Firefighting equipment required at an operation that is not a sawmill\n\n(1) An authorised officer, by notice in writing issued to the person in charge of an operation other than a sawmill in a fire protected area, may specify—\n\n(a) the firefighting apparatus, water supplies and related equipment required to be provided at the operation; and\n\n(b) the places within the operation at which that apparatus and equipment  must be stored.\n\n(2) A person in charge of an operation other than a sawmill in a fire protected area must ensure that all firefighting apparatus, water supplies and related equipment specified by an authorised officer in a notice issued under subregulation (1) are provided at the operation and stored at the places specified in the notice.\n\nPenalty: 50 penalty units.\n\n(3) A person in charge of an operation other than a sawmill in a fire protected area must ensure that all firefighting apparatus, water supplies and related equipment specified in a notice issued under subregulation (1) are—\n\n(a) available for immediate use; and\n\n(b) maintained in proper working order.\n\nPenalty: 50 penalty units.\n\n\t25 Storage and disposal of inflammable material of sawmills\n\n(1) An authorised officer, by notice in writing issued to a person in charge of a sawmill in a fire protection area, may specify methods for the storage and disposal of inflammable material at the sawmill.\n\n(2) A person in charge of a sawmill in a fire protected area must ensure that all inflammable material at the sawmill is stored and disposed of in accordance with a notice issued under subregulation (1).\n\nPenalty: 50 penalty units.\n\n\t26 Safety fuse or fuse lighters\n\nA person must not use a safety fuse or fuse lighter in a fire protected area before sunrise or between 9.30 a.m. and midnight on any day in January, February, March, April, November or December of any year.\n\nPenalty: 50 penalty units.\n\n═════════════\n\nEndnotes\n\n1 General information\n\nSee [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.\n\nThe Forests (Fire Protection) Regulations 2025, S.R. No. 34/2025 were made on 27 May 2025 by the Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, under sections 99 and 99A of the **Forests Act 1958**, No. 6254/1958 and came into operation on 7 June 2025: regulation 3.\n\nThe Forests (Fire Protection) Regulations 2025 will sunset 10 years after the day of making on 27 May 2035 (see section 5 of the **Subordinate Legislation Act 1994**).\n\nINTERPRETATION OF LEGISLATION ACT 1984 (ILA)\n\nStyle changes\n\nSection 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.\n\nReferences to ILA s. 39B\n\nSidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression \"(1)\" at the beginning of the original regulation, rule or clause.\n\nInterpretation\n\nAs from 1 January 2001, amendments to section 36 of the ILA have the following effects:\n\n• Headings\n\nAll headings included in a Statutory Rule which is made on or after  \n1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nThis includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.  \nSee section 36(1A)(2A)(2B).\n\n• Examples, diagrams or notes\n\nAll examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).\n\n• Punctuation\n\nAll punctuation included in a Statutory Rule which is made on or after  \n1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.  \nSee section 36(3B).\n\n• Provision numbers\n\nAll provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after  \n1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).\n\n• Location of \"legislative items\"\n\nA \"legislative item\" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.\n\n• Other material\n\nAny explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).\n\n2 Table of Amendments\n\nThere are no amendments made to the Forests (Fire Protection) Regulations 2025 by statutory rules, subordinate instruments and Acts.\n\n3 Explanatory details\n\n1. Reg. 4: S.R. No. 52/2014 as extended in operation by S.R. No. 40/2024.\n\n  ——\n\n  **Penalty Units**\n\n  These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the **Sentencing Act 1991**. The amount of the penalty is to be calculated, in accordance with section 7 of the **Monetary Units Act 2004**, by multiplying the number of penalty units applicable by the value of a penalty unit.\n\n  The value of a penalty unit for the financial year commencing 1 July 2024 is $197.59 and for the financial year commencing 1 July 2025 is $203.51. The amount of the calculated penalty may be rounded to the nearest dollar.\n\n  The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the **Monetary Units Act 2004**. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.\n\n  ——\n\n  **Table of Applied, Adopted or Incorporated Matter**\n\n  The following table of applied, adopted or incorporated matter was included in S.R. No. 34/2025 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2024.\n\n    | **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n    | --- | --- | --- |\n    | Regulation 5, definition of ***AS 1019–2000*** and regulations 18 and 19 | Australian Standard    1019–2000, \"Internal combustion engines—Spark emission control devices\" as published by Standards Australia on 1 August 2000 | The whole |\n    | **Statutory rule provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |\n    | --- | --- | --- |\n    | Regulation 5, definition of ***AS 1687–1991*** and regulations 13, 18, 19 and 20 | Australian Standard    1687–1991, \"Knapsack spray pumps for firefighting\" as published by Standards Australia on 11 February 1991 | The whole |\n    | Regulation 5, definition of ***AS/NZS 1841.1:2007*** and regulations 18, 19 and 20 | Australian/New Zealand Standard 1841.1:2007, \"Portable fire extinguishers Part 1: General requirements\" as published jointly by Standards Australia and Standards New Zealand on 31 August 2007 | The whole |\n    | Regulation 5, definition of ***AS/NZS 1841.2:2007*** and regulations 18, 19 and 20 | Australian/New Zealand Standard 1841.2:2007, \"Portable fire extinguishers Part 2: Specific requirements for water type extinguishers\" as published jointly by Standards Australia and Standards New Zealand on 31 August 2007 | The whole |\n\n   [↑](#endnote-ref-2)","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":false,"description":"The Regulations replace the Forests (Fire Protection) Regulations 2014 and continue the same core purpose: protecting State forests and related public land from fire (reg. 1; reg. 4 revocation). The 2025 version refines and updates technical requirements (specific clearance distances, equipment standards and required capacities), formalises the interaction with Traditional Owner Group Agreements (a clear statutory exemption for agreed activities — reg. 7), and expressly provides authorised officers with exemption and notice powers for Parts 3 and 4 (regs 8, 22–25). Those are targeted scope refinements and operational clarifications rather than a broad expansion beyond the original protective purpose, so the legislative scope is altered in detail and implementation mechanics but not significantly expanded in overall object or reach."},"complexity_factors":["Four Parts with focused subject matter (Preliminary; Fires in the open air; Engines and equipment; Operations)","Approximately 16 defined terms in regulation 5 (e.g. adequate water supply; operation; properly constructed fireplace; stationary/non‑stationary engine; relevant licensed water frontage)","Multiple cross‑references to other Acts (Forests Act 1958; Country Fire Authority Act 1958; National Parks Act 1975; Traditional Owner Settlement Act 2010; Land Act 1958; Sentencing Act 1991; Monetary Units Act 2004)","Incorporation by reference of four technical standards (AS 1019–2000; AS 1687–1991; AS/NZS 1841.1:2007; AS/NZS 1841.2:2007)","Numerous conditional exemptions and nested conditions (e.g. regs 9–11 set out general need for written authority but then list multiple exceptions each with their own sub‑conditions)","Significant regulator discretion (authorised officers can grant/revoke exemptions, give written authorities, and issue site‑specific notices on clearance distances, equipment and storage methods—regs 8, 14, 22–25)","Many precise numerical thresholds and technical limits to be applied (clearance distances of 1.5 m, 3 m, 40 m cap for notices, 50 m maximum distance for supervising campfire, 1 m fuel piece size, 3.7 kW pump engine rating, knapsack capacities of 9 litres, airspeed limit 10 km/h)","Repeated use of the same penalty level (50 penalty units) across diverse provisions creates high‑stakes compliance for a wide range of minor and technical breaches","Practical monitoring/measurement issues embedded in text (e.g. determining \"air movement\", \"effectively contained\", and whether equipment is in \"proper working order\")"],"plain_english_summary":"**What this instrument does (mechanics first)**\n\n- Purpose: The Regulations set rules to protect State forests, protected public land and national parks from damage by fire (reg. 1).\n- Where they apply: They apply in \"fire protected areas\" as defined by the Forests Act; they do not override other prohibitions such as total fire bans, national park prohibitions or other Acts (reg. 6).\n- Written authority required: A person generally needs written authority from an authorised officer to light any fire in the open air in a State forest, protected public land or a national park (reg. 9). There are specific statutory exceptions listed in regs 9–13.\n- Specific exemptions that remove the need for written authority (subject to conditions):\n  - Solid‑fuel campfires/barbeques in a properly constructed fireplace (reg. 10).\n  - Liquid, gaseous or chemical solid fuel appliances that are commercially manufactured and stable when lit (reg. 11).\n  - Fires related to sawmill operations if effectively contained in a pit or structure (reg. 12).\n  - Use of smokers for bee‑keeping subject to clearance, receptacle and firefighting equipment requirements (reg. 13).\n  - Fires carried out as \"agreed activities\" under a Traditional Owner Group Agreement by members of that group (reg. 7 and reg. 9(1)(e)).\n- Prohibited‑period rules: During the statutory \"prohibited period\" additional limits apply (e.g. clearance distances, maximum fire size, airspeed limits for solid‑fuel campfires) — see regs 9–11 and regs 15–17.\n- Engines, equipment and hot‑work rules: The Regulations forbid or limit use of stationary and non‑stationary engines and welding/grinding/gas‑cutting equipment during the prohibited period unless specified safety measures are taken (spark arrestors, clearance distances, immediate access to water or specified extinguishers or knapsack pumps) (regs 18–20).\n- Operations (sawmills and similar): People in charge of operations (sawmilling, mining, quarrying, brick making, eucalyptus oil distilling, charcoal burning) must keep specified perimeters clear of inflammable material and must comply with written notices from authorised officers on clearance distances, firefighting equipment, and storage/disposal methods (regs 21–25). An authorised officer may set a required minimum clearance up to 40 metres (reg. 22).\n- Authorised officer powers: Authorised officers can grant written authorities to light fires (reg. 14), give written exemptions from Parts 3 and 4 (engines/equipment and operations) with conditions (reg. 8), and issue or revoke notices requiring compliance with equipment, clearance and storage standards (regs 12(2), 22, 23, 24, 25).\n- Enforcement and penalties: Many contraventions attract the maximum of 50 penalty units (e.g. regs 12(3), 17, 18(1), 19(1), 20(1), 21, 22(4), 23–25 and 26). Penalty units are set under the Sentencing/Monetary statutes; for example, a 50 penalty unit fine is roughly $10,175 at the 2025 penalty‑unit rate cited in the explanatory details (50 × $203.51) (Endnotes). Authorised officers can also direct immediate extinguishment (reg. 16).\n- Technical standards and incorporated material: The Regulations incorporate several Australian and joint Australia/New Zealand standards for spark arrestors, knapsack pumps and portable fire extinguishers (reg. 5 and Table of Applied Matter).\n\n\n**Who is affected**\n\n- Visitors and recreational users (campers, barbeque users) in State forests, protected public land and national parks — they must follow the clearance, size and appliance rules (regs 9–11, 15–17).\n- Traditional owner groups and members carrying out agreed activities under a formal agreement — they are explicitly exempt from most offence provisions in these Regulations while acting under the agreement (reg. 7).\n- Operators of sawmills, quarries, mines, brickworks, distilleries and charcoal operations — they must maintain cleared perimeters, follow notices about clearances, provide and maintain firefighting equipment and follow storage/disposal requirements (regs 21–25).\n- Businesses and people who use engines, welding or cutting equipment in fire protected areas — use is limited in the prohibited period unless the engine/equipment meets specified safety fittings and immediate firefighting resources are available (regs 18–20).\n- Authorised officers (forest officers or other officials appointed under the Act) — they get explicit powers to issue and revoke authorities, exemptions and notices and to direct extinguishment (regs 8, 14, 22, 23, 24, 25, 16).\n\n\n**Why it matters (official rationale and practical effects)**\n\n- Official rationale: The stated objective is to protect State forests, protected public land and national parks from damage by fire (reg. 1). The Regulations implement that objective by defining when written authority is required, prescribing safety standards, and giving authorised officers powers to impose site‑specific requirements.\n\n- Practical trade‑offs and incentives:\n  - Who pays: compliance costs fall on the people carrying out activities — operators (sawmills, mining, distilling), beekeepers, recreational users, and businesses using engines or hot‑work equipment must provide equipment, clearances and water supplies to avoid needing an authority or to rely on exemptions (regs 10–13, 18–20, 21–25).\n  - Who decides: authorised officers have discretion to issue or revoke authorities and exemptions and to set site‑specific requirements (regs 8, 14, 22, 23, 24, 25). This distributes decision power to the regulator at the site level.\n  - Compliance burden and costs: fixed costs include buying/maintaining specified firefighting equipment, fitting spark arrestors that meet AS 1019–2000, providing minimum water/knapsack pumps or compliant extinguishers, constructing pits/structures for sawmill fires, and maintaining cleared perimeter distances (regs 5, 12, 13, 18–20, 21–25). There are recurring monitoring and maintenance obligations (regs 23(3), 24(3)).\n  - Effects on private choice and substitution: The Regulations make certain low‑risk appliances and practices (commercially manufactured gas appliances; small contained solid‑fuel fires in proper fireplaces) permissible without authority (regs 10–11). That encourages substitution away from uncontrolled open fires to designed appliances where possible.\n  - Enforcement discretion and variability: The authorised officer powers permit site‑specific adjustments (e.g. exemption conditions, clearance distance up to 40 m, notices on required equipment). That allows tailoring to local risk but introduces variability and administrative burden for regulated parties (regs 8, 22–25).\n  - Standards and external dependencies: Several provisions require compliance with incorporated Australian Standards (AS 1019–2000, AS 1687–1991, AS/NZS 1841.1:2007, AS/NZS 1841.2:2007) (reg. 5). Compliance therefore depends on availability of approved equipment and the ability to demonstrate conformity.\n  - Opportunity costs and land use: Clearance distances (up to 40 m permitted by notice) and permanent or regular clearing requirements for operational perimeters could reduce usable land around certain operations and impose management costs (reg. 22).\n  - Implementation and monitoring risks: Practical enforcement issues include measuring \"air movement\" (10 km/h limit for some fires), judging when a pit/structure \"effectively contains\" sawmill fires, verifying immediate availability of water or specified extinguishers, and ensuring spark arrestors remain in proper working order (regs 10(2)(e), 12, 18–20).\n\n\n**Key cross‑references to note**\n\n- The Regulations are made under the Forests Act 1958 (reg. 2) and interact with the Country Fire Authority Act 1958 and the National Parks Act 1975 where those Acts impose separate or overlapping prohibitions (reg. 6 and reg. 9(2)(f)).\n- Traditional owner exemptions reference the Traditional Owner Settlement Act 2010 (reg. 7).\n- Penalties are expressed in penalty units; the explanatory notes state the value for the 2025 financial year (Endnotes / explanatory details).\n\n\n**Bottom line (practical takeaways)**\n\n- If you light or manage fires, operate engines or run certain operations in fire protected areas you must either have written authority or strictly meet the specified exemptions and safety conditions (regs 9–13 and 18–25).\n- Operators bear most compliance costs; authorised officers hold the practical decision power to set site‑specific requirements and to grant or revoke exemptions (regs 8, 14, 22–25).\n- Failure to comply can attract substantial fines (many offences carry 50 penalty units) and directions to extinguish immediately (reg. 16 and various penalty provisions)."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears consistent with its original intent. The 2025 regulations are a direct replacement of the 2014 regulations (revoked by regulation 4) with the same core purpose: fire protection in forests and protected areas. The scope remains focused on fire prevention through regulation of human activities (fires, engines, industrial operations) in designated fire-protected areas. While there are updates to referenced standards and some structural refinements, there is no evidence of significant scope creep beyond the original fire protection purpose."},"complexity_factors":["Multiple overlapping jurisdictional layers: regulations apply differently to State forests, protected public land, national parks, fire protected areas, and licensed water frontages","Extensive cross-referencing to external standards: 4 Australian Standards incorporated by reference (AS 1019–2000, AS 1687–1991, AS/NZS 1841.1:2007, AS/NZS 1841.2:2007)","Conditional exemptions structure: regulations create offences then immediately provide detailed exception conditions (e.g., regulations 18-20 follow 'prohibition + exemption' pattern)","Dual application regimes: different rules apply during 'prohibited period' vs. other times, and different rules for State forests/national parks vs. other fire protected areas","Interaction with multiple other Acts: Forests Act 1958, Traditional Owner Settlement Act 2010, Country Fire Authority Act 1958, National Parks Act 1975, Land Act 1958","Defined terms: 13 defined terms in regulation 5, some referencing external statutory definitions","Delegated discretionary powers: authorised officers have broad powers to grant exemptions, set conditions, determine clearance distances, and specify equipment requirements"],"plain_english_summary":"These regulations set the rules for preventing bushfires in Victoria's forests and protected areas. They replace the 2014 version and apply to State forests, national parks, and other fire-protected land.\n\n**Who it affects:**\n- **Campers and day-trippers** – rules about when and how you can have campfires or barbecues\n- **Sawmill operators** – requirements for firefighting equipment and clearing flammable material\n- **Miners, quarry operators, and other industrial users** – safety rules for machinery and operations\n- **Beekeepers** – specific rules for using smokers around beehives\n- **Traditional Owners** – special provisions allowing cultural burning under formal agreements\n\n**Key rules:**\n- **Fires:** Generally need written permission to light fires in protected areas, but there are exceptions for small campfires in proper fireplaces, gas barbecues, sawmill operations, and beekeeping (if specific safety conditions are met)\n- **Machinery:** Chainsaws, generators, and vehicles must have spark arrestors (devices that stop sparks escaping) and firefighting equipment nearby when used during fire season\n- **Welding and grinding:** Banned outdoors during fire season unless strict safety measures are followed\n- **Industrial operations:** Must keep areas clear of flammable material and have firefighting gear on site\n\n**Why it matters:**\nBushfires destroy lives, property, and ecosystems. These rules aim to stop fires starting from human activities – whether that's a poorly managed campfire, a spark from a chainsaw, or hot work at a sawmill. The regulations balance fire safety with practical needs, allowing traditional cultural practices and reasonable recreational use while imposing strict controls on higher-risk industrial activities.\n\n**Notable features:**\n- **Traditional Owner rights:** Members of traditional owner groups can carry out agreed cultural burning activities without needing the usual permits\n- **Authorised officers:** Forest officers can grant exemptions, set specific conditions, and require additional safety measures at particular sites\n- **Sunset clause:** These regulations automatically expire after 10 years (in 2035)"},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed — the substantive content of the regulations was not included in the text provided. Only administrative metadata (rule number, version status, version history) was supplied. A proper scope assessment requires the actual regulatory provisions."},"complexity_factors":["Insufficient legislative text provided — only metadata and version history labels were supplied, preventing substantive analysis","Unable to assess cross-references to parent Acts or other regulations","Unable to evaluate definitional complexity, penalty provisions, or exemption frameworks","Regulatory instruments (statutory rules) can vary greatly in complexity depending on scope and technical subject matter"],"plain_english_summary":"This statutory rule (Statutory Rule No. 34/2025) sets out Victoria’s regulatory framework for fire protection in forests. It is likely to impose prevention measures, activity restrictions during high‑danger periods, duties for land managers/workers, and penalties for non‑compliance. It matters to forestry workers, landholders, recreational users and managers near Victorian forests. Specific obligations can’t be confirmed without the full regulatory text."}},"importantCases":[],"_links":{"self":"/api/acts/forests-fire-protection-regulations-2025","history":"/api/acts/forests-fire-protection-regulations-2025/history","analysis":"/api/acts/forests-fire-protection-regulations-2025/analysis","conflicts":"/api/acts/forests-fire-protection-regulations-2025/conflicts","importantCases":"/api/acts/forests-fire-protection-regulations-2025/important-cases","documents":"/api/acts/forests-fire-protection-regulations-2025/documents"}}