{"id":"sustainable-forests-timber-repeal-act-2024","name":"Sustainable Forests (Timber) Repeal Act 2024","slug":"sustainable-forests-timber-repeal-act-2024","collection":"act","jurisdiction":"vic","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":174336,"registerId":"vic-sustainable-forests-timber-repeal-act-2024-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Sustainable Forests (Timber) Repeal Act 2024","content":"Version No. 001\n\n**Sustainable Forests (Timber) Repeal Act 2024**\n\n**No. 24 of 2024**\n\nVersion as at  \n1 July 2024\n\n**TABLE OF PROVISIONS**\n\n*Section Page*\n\nPart 1—Preliminary 1\n\n1 Purposes 1\n\n2 Commencement 1\n\n3 Definitions 2\n\nPart 2—Repeal of Sustainable Forests (Timber) Act 2004 3\n\nDivision 1—Repeal 3\n\n4 Sustainable Forests (Timber) Act 2004 3\n\nDivision 2—Abolition of VicForests and transfer of property, rights and liabilities to the Crown 3\n\n5 Abolition of VicForests 3\n\n6 Transfer of property, rights and liabilities of VicForests to the Crown 3\n\n7 Transfer subject to encumbrances 4\n\n8 Registrar of Titles to make recordings or amendments necessary for this Part 4\n\n9 References to VicForests 4\n\nDivision 3—Property in timber resources vested in VicForests transferred to the Crown 5\n\n10 Allocation order 5\n\n11 Timber release plan 6\n\nDivision 4—Savings and transitional provisions 6\n\n12 Minister may arrange audits 6\n\n13 Enforceable undertakings 6\n\n14 Production of documents 6\n\n15 Regulations dealing with transitional matters 7\n\nPart 3—Amendment of Conservation, Forests and Lands Act 1987 8\n\n16 New Part 5A inserted 8\n\n17 New section 125 inserted 10\n\n18 Repeal of Part 11\n\nPart 4—Amendment of Forests Act 1958 12\n\n19 Definitions 12\n\n20 Licences and permits with respect to forests 12\n\n21 New sections 57NA to 57NH inserted 12\n\n22 New sections 75A to 75N inserted 16\n\n23 Requirement to give name and address 24\n\n24 Power to seize items 24\n\n25 Offence to cut etc. timber in a State forest 25\n\n26 Offence to hinder or obstruct authorised officer 25\n\n27 Offence to threaten or abuse authorised officer 25\n\n28 Regulations 26\n\n29 New section 109 inserted 26\n\n30 Repeal of Part 27\n\nPart 5—Consequential amendments 28\n\nDivision 1—Amendment of Climate Change Act 2017 28\n\n31 Definitions 28\n\n32 Division does not derogate from certain Acts 28\n\nDivision 2—Amendment of Conservation, Forests and Lands Act 1987 28\n\n33 Definitions 28\n\n34 Delegation of powers and functions 28\n\n35 Compliance with Codes of Practice and comments 28\n\n36 Requirements of specific Acts as to management to apply 29\n\n37 Appointment of authorised officers 29\n\n38 Hindering or obstructing forest operations 29\n\n39 Schedule 1 29\n\nDivision 3—Amendment of Crown Land (Reserves) Act 1978 30\n\n40 Protected forest—Kurth Kiln Regional Park 30\n\nDivision 4—Amendment of Forests Act 1958 30\n\n41 Definitions 30\n\n42 Business of the Secretary 30\n\n43 Secretary and Parks Victoria to manage reserve land 30\n\n44 Special powers of Secretary and Parks Victoria 31\n\n45 Reserved forests 31\n\n46 Licences and permits with respect to forests 31\n\n47 No application to timber resources 31\n\n48 Proclamation of protected forests 31\n\n49 Protected trees in protected forests 31\n\n50 Absolute prohibition of use of fire when acute fire danger exists 31\n\n51 Placing inflammable material for the purpose of causing fire etc. 32\n\n52 Duty to prevent spread of fire etc. 32\n\n53 Definitions 32\n\n54 Prohibition of cutting etc. timber etc. on certain roads without authority of the Secretary 32\n\n55 Power to direct route for removal etc. of forest produce 33\n\n56 Payment of dues and charges 33\n\n57 Presumption as to ownership of forest produce 33\n\n58 Search warrant for secreted forest produce 33\n\n59 Offences 34\n\n60 Offence to cut etc. timber in a State forest 34\n\n61 Regulations 34\n\nDivision 5—Amendment of Owner Drivers and Forestry Contractors Act 2005 35\n\n62 Membership 35\n\nDivision 6—Amendment of Traditional Owner Settlement Act 2010 35\n\n63 Definitions 35\n\n64 Definition of *land use activity* 35\n\n65 Definition of *decision maker* 35\n\n66 Requirements for publication of notice of proposed timber release plans 36\n\n67 Obligations of decision maker to ascertain compliance 36\n\n68 Definitions 36\n\nDivision 7—Repeal of Part 36\n\n69 Repeal of Part 36\n\n═════════════\n\nEndnotes 37\n\n1 General information 37\n\n2 Table of Amendments 39\n\n3 Explanatory details 40\n\n**Version No.** **001**\n\n**Sustainable Forests (Timber) Repeal Act 2024**\n\n**No. 24 of 2024**\n\nVersion as at  \n1 July 2024\n\n**The Parliament of Victoria enacts:**\n\nPart 1—Preliminary\n\n\t1 Purposes\n\nThe purposes of this Act are—\n\n(a) to repeal the **Sustainable Forests (Timber) Act 2004** so as to end commercial native forest timber harvesting under that Act; and\n\n(b) to abolish VicForests and provide for the transfer of property, rights and liabilities to the Crown; and\n\n(c) to amend the **Conservation, Forests and Lands Act 1987** and the **Forests Act 1958** in relation to forest management; and\n\n(d) to make consequential amendments to other Acts.\n\n\t2 Commencement\n\n(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.\n\n(2) If a provision of this Act does not come into operation before 1 May 2025, it comes into operation on that day.\n\n\t3 Definitions\n\nIn this Act—\n\n***commencement day*** means the day on which Part 2 comes into operation;\n\n***liabilities*** means all liabilities, duties and obligations, whether actual, contingent or prospective;\n\n***property*** means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;\n\n***rights*** means all rights, powers, privileges and immunities, whether actual, contingent or prospective;\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.\n\nPart 2—Repeal of Sustainable Forests (Timber) Act 2004\n\nDivision 1—Repeal\n\n\t4 Sustainable Forests (Timber) Act 2004\n\nThe **Sustainable Forests (Timber) Act 2004** is **repealed**.\n\nDivision 2—Abolition of VicForests and transfer of property, rights and liabilities to the Crown\n\n\t5 Abolition of VicForests\n\nOn the commencement day, VicForests is abolished and the members of its board go out of office.\n\n\t6 Transfer of property, rights and liabilities of VicForests to the Crown\n\nOn the commencement day—\n\n(a) all property and rights that, immediately before that day, were vested in VicForests are vested in the Crown; and\n\n(b) any land for which VicForests was the registered proprietor under the **Transfer of Land Act 1958** immediately before that day is taken to be unalienated land of the Crown freed and discharged from all encumbrances, limitations and restrictions and from any estate or interest in the land; and\n\n(c) all liabilities of VicForests existing immediately before that day become liabilities of the Crown; and\n\n(d) the Crown is substituted as a party to any proceeding pending in any court or tribunal to which VicForests was a party immediately before that day; and\n\n(e) the Crown is substituted as a party to any arrangement or contract entered into by or on behalf of VicForests as a party and in force immediately before that day.\n\n\t7 Transfer subject to encumbrances\n\nIf, under this Act, property, rights and liabilities of VicForests (other than land for which VicForests was the registered proprietor under the **Transfer of Land Act 1958**) become property, rights and liabilities of the Crown—\n\n(a) the property and rights become property and rights of the Crown subject to any encumbrance to which they were subject immediately before the commencement day; and\n\n(b) the rights to which VicForests was entitled in respect of those liabilities immediately before they ceased to be its liabilities become rights in respect of liabilities of the Crown.\n\n\t8 Registrar of Titles to make recordings or amendments necessary for this Part\n\nThe Registrar of Titles must make any recordings in or amendments to the Register kept under the **Transfer of Land Act 1958** that are necessary because of the operation of this Part.\n\n\t9 References to VicForests\n\n(1) A reference to VicForests in any Act (other than this Act), subordinate instrument or other document (by whatever name) prepared or made under or for the purposes of any Act (other than the Code) must be construed as a reference to the Crown—\n\n(a) to the extent that the reference relates to any period on or after the commencement day; and\n\n(b) if not inconsistent with the subject matter.\n\n(2) A reference to VicForests, in its capacity as the managing authority for timber harvesting operations in State forests, in the Code must be construed as a reference to the Secretary within the meaning of the **Conservation, Forests and Lands Act 1987**—\n\n(a) to the extent that the reference relates to any period on or after the commencement day; and\n\n(b) if not inconsistent with the subject matter.\n\n(3) In this section—\n\n***Code*** means the Code of Practice for the carrying out of timber production made under section 31 of the **Conservation, Forests and Lands Act 1987** in force immediately before the commencement day and known as the \"Code of Practice for Timber Production 2014\".\n\nDivision 3—Property in timber resources vested in VicForests transferred to the Crown\n\n\t10 Allocation order\n\n(1) An order made under Part 3 of the **Sustainable Forests (Timber) Act 2004** that is in effect immediately before the commencement day ceases to have effect on the commencement day.\n\n(2) Property in the timber vested in VicForests under section 14(1) of the **Sustainable Forests (Timber) Act 2004** immediately before the commencement day passes to the Crown on the commencement day.\n\n**Note**\n\nSee also section 14 of the **Interpretation of Legislation Act 1984**.\n\n\t11 Timber release plan\n\nA plan prepared under section 37 of the **Sustainable Forests (Timber) Act 2004** that is in effect immediately before the commencement day ceases to have effect on the commencement day.\n\nDivision 4—Savings and transitional provisions\n\n\t12 Minister may arrange audits\n\nDespite the repeal of the **Sustainable Forests (Timber) Act 2004**, that Act continues to apply to an audit under section 47 of that Act that had commenced but was not completed before the commencement day.\n\n\t13 Enforceable undertakings\n\nDespite the repeal of the **Sustainable Forests (Timber) Act 2004**, Part 8A of that Act continues to apply on and after the commencement day in respect of an enforceable undertaking under section 83A of that Act that is in effect immediately before the commencement day.\n\n\t14 Production of documents\n\n(1) Despite the repeal of the **Sustainable Forests (Timber) Act 2004**, Part 8B of that Act continues to apply on and after the commencement day in respect of a production notice under section 83D or a production order under section 83E of that Act that is in effect immediately before the commencement day.\n\n(2) Despite the repeal of the **Sustainable Forests (Timber) Act 2004**, Part 8B of that Act continues to apply on and after the commencement day in respect of any document that is relevant to a requirement to comply with a provision of that Act where the requirement to comply arose before the commencement day.\n\n\t15 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 this Act (including the repeals and amendments made by this 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 this Act 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\nPart 3—Amendment of Conservation, Forests and Lands Act 1987\n\n\t16 New Part 5A inserted\n\nAfter Part 5 of the **Conservation, Forests and Lands Act 1987 insert**—\n\n\"Part 5A—Sustainable forest management\n\n40A Minister to determine sustainability criteria and indicators and reporting requirements\n\n(1) The Minister must determine criteria and indicators for sustainable forest management.\n\n(2) In determining criteria and indicators under subsection (1), the Minister may take into account any nationally or internationally agreed criteria and indicators for sustainable forest management.\n\n(3) As part of a determination under subsection (1), the Minister must also determine—\n\n(a) the reporting requirements relating to each indicator determined under subsection (1); and\n\n(b) the frequency at which such reports are to be made, being a period not less than every 5 years.\n\n40B Determination to be published\n\nThe Minister must—\n\n(a) publish a copy of a determination under section 40A in the Government Gazette; and\n\n(b) cause a notice that a determination has been made under section 40A to be published in a newspaper circulating generally within the State.\n\n40C Secretary to report on indicators\n\nThe Secretary must report to the Minister on the status, performance or achievement of the indicators determined by the Minister under section 40A within the time determined under that section.\n\n40D Minister may arrange audits\n\n(1) If the Minister believes it is appropriate to do so, the Minister may ask an appropriately qualified person to audit information provided in the Secretary's report under section 40C.\n\n(2) In carrying out an audit under subsection (1), a person may audit any information used by the Secretary to prepare the Secretary's report under section 40C.\n\n40E Sustainability Charter\n\n(1) The Minister may develop a Sustainability Charter.\n\n(2) A Sustainability Charter must set out objectives for the sustainability of forests.\n\n(3) The Minister must consult with the Minister administering the **Agricultural and Veterinary Chemicals (Control of Use) Act 1992** in developing a Sustainability Charter.\".\n\n\t17 New section 125 inserted\n\nAfter section 124 of the **Conservation, Forests and Lands Act 1987 insert**—\n\n\"125 Savings and transitional provision—Repeal of Sustainable Forests (Timber) Act 2004\n\n(1) In this section—\n\n***commencement day*** means the day on which Part 2 of the **Sustainable Forests (Timber) Repeal Act 2024** comes into operation.\n\n(2) On the commencement day, the determination under section 6 of the **Sustainable Forests (Timber) Act 2004** published in the Government Gazette on 21 June 2007 is taken to be a determination under section 40A.\n\n(3) For the purposes of subsection (2), as soon as practicable after the commencement day, the Minister must—\n\n(a) publish in the Government Gazette—\n\n(i) a copy of the determination; and\n\n(ii) a notice that a determination is taken to have been made under section 40A; and\n\n(b) publish in a newspaper circulating generally within the State, a notice that a determination is taken to have been made under section 40A.\n\n(4) On the commencement day, a report under section 8 of the **Sustainable Forests (Timber) Act 2004** relating to the year 2023 is taken to be a report under section 40C relating to the same year.\".\n\n\t18 Repeal of Part\n\nThis Part is **repealed** on 1 May 2026.\n\n**Note**\n\nThe repeal of this Part does not affect the continuing operation of the amendments made by it (see section 15(1) of the **Interpretation of Legislation Act 1984**).\n\nPart 4—Amendment of Forests Act 1958\n\n\t19 Definitions\n\nIn section 3(1) of the **Forests Act 1958 insert** the following definitions—\n\n\"***production notice*** means a notice under section 75A;\n\n***production order*** means an order under section 75B;\n\n***suspension notice*** means a notice under section 57NB;\".\n\n\t20 Licences and permits with respect to forests\n\nAfter section 52(1) of the **Forests Act 1958 insert**—\n\n\"(1AA) The Minister must consider any prescribed matters before granting a licence or permit under this section.\".\n\n\t21 New sections 57NA to 57NH inserted\n\nAfter section 57N of the **Forests Act 1958 insert**—\n\n\"Timber in State forests\n\n57NA 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\nPenalty: 60 penalty units.\n\n57NB 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\n57NC 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\n57ND 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\n57NE 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\n57NF 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\nPenalty: 60 penalty units.\n\n57NG 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\nPenalty: 60 penalty units.\n\n57NH 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\n\t22 New sections 75A to 75N inserted\n\nAfter section 75 of the **Forests Act 1958 insert**—\n\n\"75A 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\n75B 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\n75C 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\n75D 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\n75E 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\n75F 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\n75G 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\n75H 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\n75I 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\n75J 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\n75K 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\n75L 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\n75M 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\n75N 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\n\t23 Requirement to give name and address\n\n(1) In the penalty at the foot of section 95A(3) of the **Forests Act 1958**, for \"5 penalty units\" **substitute** \"20 penalty units\".\n\n(2) In the penalty at the foot of section 95A(5) of the **Forests Act 1958**, for \"5 penalty units\" **substitute** \"20 penalty units\".\n\n\t24 Power to seize items\n\nIn section 95F(1) of the **Forests Act 1958**—\n\n(a) for \"has committed or is committing\" **substitute** \"has committed, is committing or is about to commit\";\n\n(b) for \"any item used or being used\" **substitute** \"any item that the authorised officer believes on reasonable grounds has been used, is being used or is about to be used\".\n\n\t25 Offence to cut etc. timber in a State forest\n\n(1) After section 96AA(1) of the **Forests Act 1958 insert**—\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\n**Note**\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) After section 96AA(3) of the **Forests Act 1958 insert**—\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\n\t26 Offence to hinder or obstruct authorised officer\n\nIn the penalty at the foot of section 96A of the **Forests Act 1958**, for \"60 penalty units\" **substitute** \"120 penalty units or imprisonment for 12 months\".\n\n\t27 Offence to threaten or abuse authorised officer\n\nIn the penalty at the foot of section 96B of the **Forests Act 1958**, for \"60 penalty units\" **substitute** \"120 penalty units or imprisonment for 12 months\".\n\n\t28 Regulations\n\nAfter section 99(1) of the **Forests Act 1958 insert**—\n\n\"(1A) Prescribing the matters the Minister must consider before granting a licence or permit under section 52(1);\".\n\n\t29 New section 109 inserted\n\nAfter section 108 of the **Forests Act 1958 insert**—\n\n\"109 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\n\t30 Repeal of Part\n\nThis Part is **repealed** on 1 May 2026.\n\n**Note**\n\nThe repeal of this Part does not affect the continuing operation of the amendments made by it (see section 15(1) of the **Interpretation of Legislation Act 1984**).\n\nPart 5—Consequential amendments\n\nDivision 1—Amendment of Climate Change Act 2017\n\n\t31 Definitions\n\nIn section 3 of the **Climate Change Act 2017**, in the definition of ***relevant Act***, paragraph (e) is **repealed**.\n\n\t32 Division does not derogate from certain Acts\n\nIn section 94 of the **Climate Change Act 2017**, for \"**1958**, the **Country Fire Authority Act 1958** or the **Sustainable Forests (Timber) Act 2004**\" **substitute** \"**1958** or the **Country Fire Authority Act 1958**\".\n\nDivision 2—Amendment of Conservation, Forests and Lands Act 1987\n\n\t33 Definitions\n\nIn section 3(1) of the **Conservation, Forests and Lands Act 1987**, the definition of ***VicForests*** is **repealed**.\n\n\t34 Delegation of powers and functions\n\n(1) Section 11(1)(e) of the **Conservation, Forests and Lands Act 1987** is **repealed**.\n\n(2) In section 11(2) of the **Conservation, Forests and Lands Act 1987**—\n\n(a) in paragraph (e), for \"Corporation; or\" **substitute** \"Corporation.\";\n\n(b) paragraph (f) is **repealed**.\n\n\t35 Compliance with Codes of Practice and comments\n\nSection 67(1A) of the **Conservation, Forests and Lands Act 1987** is **repealed**.\n\n\t36 Requirements of specific Acts as to management to apply\n\nIn section 82PB(2)(c) of the **Conservation, Forests and Lands Act 1987**, for \"section 11 of the **Sustainable Forests (Timber) Act 2004**\" **substitute** \"this Act\".\n\n\t37 Appointment of authorised officers\n\nSection 83(1)(ad) of the **Conservation, Forests and Lands Act 1987** is **repealed**.\n\n\t38 Hindering or obstructing forest operations\n\n(1) In section 95A(2) of the **Conservation, Forests and Lands Act 1987**—\n\n(a) in paragraph (b), for \"taking; or\" **substitute** \"taking.\";\n\n(b) paragraphs (c) and (d) are **repealed**.\n\n(2) In section 95A(3) of the **Conservation, Forests and Lands Act 1987**—\n\n(a) in the definition of ***forest produce***, for \"**1958**;\" **substitute** \"**1958**.\";\n\n(b) the definition of ***State forest*** is **repealed**;\n\n(c) the definition of ***timber resources*** is **repealed**.\n\n\t39 Schedule 1\n\nIn Schedule 1 to the **Conservation, Forests and Lands Act 1987 omit** \"**Sustainable Forests (Timber) Act 2004**.\".\n\nDivision 3—Amendment of Crown Land (Reserves) Act 1978\n\n\t40 Protected forest—Kurth Kiln Regional Park\n\n(1) In section 55(1) of the **Crown Land (Reserves) Act 1978** **omit** \", the **Sustainable Forests (Timber) Act 2004**\".\n\n(2) In section 55(2) of the **Crown Land (Reserves) Act 1978** **omit** \"or the **Sustainable Forests (Timber) Act 2004**\".\n\nDivision 4—Amendment of Forests Act 1958\n\n\t41 Definitions\n\n(1) In section 3(1) of the **Forests Act 1958**, in the definition of ***forest produce***—\n\n(a) in paragraph (d), for \"minerals; or\" **substitute** \"minerals;\";\n\n(b) paragraph (e) is **repealed**.\n\n(2) In section 3(1) of the **Forests Act 1958**, the definition of ***VicForests*** is **repealed**.\n\n\t42 Business of the Secretary\n\nIn section 5(1) of the **Forests Act 1958**—\n\n(a) in paragraph (b), **omit** \"subject to Part 4 of the **Sustainable Forests (Timber) Act 2004**,\";\n\n(b) in paragraph (c), **omit** \"subject to Part 4 of the **Sustainable Forests (Timber) Act 2004**,\".\n\n\t43 Secretary and Parks Victoria to manage reserve land\n\nSection 18A(2A)(a)(ii) of the **Forests Act 1958** is **repealed**.\n\n\t44 Special powers of Secretary and Parks Victoria\n\n(1) In section 21(1)(e) of the **Forests Act 1958** **omit** \"including timber resources within the meaning of the **Sustainable Forests (Timber) Act 2004**,\".\n\n(2) Section 21(1AA) of the **Forests Act 1958** is **repealed**.\n\n\t45 Reserved forests\n\n(1) In section 42(4) of the **Forests Act 1958**, for \"subsections (4A) and\" **substitute** \"subsection\".\n\n(2) Section 42(4A) of the **Forests Act 1958** is **repealed**.\n\n\t46 Licences and permits with respect to forests\n\nSection 52(2) of the **Forests Act 1958** is **repealed**.\n\n\t47 No application to timber resources\n\nSection 57P of the **Forests Act 1958** is **repealed**.\n\n\t48 Proclamation of protected forests\n\nSection 58(6) of the **Forests Act 1958** is **repealed**.\n\n\t49 Protected trees in protected forests\n\nSection 59(1A) of the **Forests Act 1958** is **repealed**.\n\n\t50 Absolute prohibition of use of fire when acute fire danger exists\n\n(1) In section 64(1) of the **Forests Act 1958**—\n\n(a) in paragraph (b), for \"be); and\" **substitute** \"be)—\";\n\n(b) paragraph (c) is **repealed**.\n\n(2) In section 64(2) of the **Forests Act 1958**—\n\n(a) in paragraph (b), for \"be); or\" **substitute** \"be)—\";\n\n(b) paragraph (c) is **repealed**.\n\n\t51 Placing inflammable material for the purpose of causing fire etc.\n\nIn section 66 of the **Forests Act 1958 omit** \", timber resources within the meaning of the **Sustainable Forests (Timber) Act 2004**\".\n\n\t52 Duty to prevent spread of fire etc.\n\n(1) In section 67(3) of the **Forests Act 1958** **omit** \"or who is a timber harvester\".\n\n(2) Section 67(4) of the **Forests Act 1958** is **repealed**.\n\n\t53 Definitions\n\nIn section 72A of the **Forests Act 1958** **insert** the following definition—\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\t54 Prohibition of cutting etc. timber etc. on certain roads without authority of the Secretary\n\n(1) In section 77(1) of the **Forests Act 1958**, for \"subsections (1A) and\" **substitute** \"subsection\".\n\n(2) Section 77(1A) of the **Forests Act 1958** is **repealed**.\n\n\t55 Power to direct route for removal etc. of forest produce\n\n(1) In section 79(1) of the **Forests Act 1958** **omit** \"or timber resources\".\n\n(2) In section 79(2) of the **Forests Act 1958** **omit** \"or timber resources\".\n\n(3) In section 79(3) of the **Forests Act 1958 omit**—\n\n(a) \"or timber resources\" (wherever occurring);\n\n(b) \"or the **Sustainable Forests (Timber) Act 2004** (as the case requires)\".\n\n(4) In section 79(6) of the **Forests Act 1958** **omit** \"or timber resources\".\n\n(5) In section 79(6A) of the **Forests Act 1958 omit** \"or timber resources\".\n\n(6) Section 79(7) of the **Forests Act 1958** is **repealed**.\n\n\t56 Payment of dues and charges\n\n(1) Section 80(3) of the **Forests Act 1958** is **repealed**.\n\n(2) Section 80(4) of the **Forests Act 1958** is **repealed**.\n\n\t57 Presumption as to ownership of forest produce\n\n(1) Section 82(2) of the **Forests Act 1958** is **repealed**.\n\n(2) Section 82(3) of the **Forests Act 1958** is **repealed**.\n\n\t58 Search warrant for secreted forest produce\n\nIn section 83(1) of the **Forests Act 1958**—\n\n(a) **omit** \"or timber resources within the meaning of the **Sustainable Forests (Timber) Act 2004** used to supply managed licences within the meaning of that Act\" (where twice occurring);\n\n(b) **omit** \"or the **Sustainable Forests (Timber) Act 2004** (as the case requires)\".\n\n\t59 Offences\n\n(1) In section 96(k) of the **Forests Act 1958** **omit** \"(other than timber resources within the meaning of the **Sustainable Forests (Timber) Act 2004**)\".\n\n(2) In section 96(m) of the **Forests Act 1958** **omit** \"(including timber resources within the meaning of the **Sustainable Forests (Timber) Act 2004**)\".\n\n(3) In section 96(n) of the **Forests Act 1958 omit** \"or the **Sustainable Forests (Timber) Act 2004**\".\n\n\t60 Offence to cut etc. timber in a State forest\n\n(1) Section 96AA(2)(c) and (d) of the **Forests Act 1958** are **repealed**.\n\n(2) For section 96AA(3) of the **Forests Act 1958 substitute**—\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\n(3) Section 96AA(4) of the **Forests Act 1958** is **repealed**.\n\n\t61 Regulations\n\nIn section 99(15) of the **Forests Act 1958** **omit** \", including timber resources within the meaning of the **Sustainable Forests (Timber) Act 2004**,\".\n\nDivision 5—Amendment of Owner Drivers and Forestry Contractors Act 2005\n\n\t62 Membership\n\n(1) In section 59(1)(c)(v) of the **Owner Drivers and Forestry Contractors Act 2005**, for \"VicForests\" **substitute** \"the Secretary within the meaning of the **Conservation, Forests and Lands Act 1987**\".\n\n(2) Section 59(3) of the **Owner Drivers and Forestry Contractors Act 2005** is **repealed**.\n\nDivision 6—Amendment of Traditional Owner Settlement Act 2010\n\n\t63 Definitions\n\n(1) In section 27(1) of the **Traditional Owner Settlement Act 2010**, for the definition of ***limited land use activity*** **substitute**—\n\n\"***limited land use activity***, in relation to agreement land, means a land use activity that is for the purpose of the establishment, use or operation of any specified public works;\".\n\n(2) In section 27(1) of the **Traditional Owner Settlement Act 2010**, in the definition of ***specified public works***, in paragraph (o), for \"Crown;\" **substitute** \"Crown.\".\n\n(3) In section 27(1) of the **Traditional Owner Settlement Act 2010**, the definition of ***VicForests*** is **repealed**.\n\n\t64 Definition of *land use activity*\n\nSection 28(i) and (j) of the **Traditional Owner Settlement Act 2010** are **repealed**.\n\n\t65 Definition of *decision maker*\n\nSection 29(f) of the **Traditional Owner Settlement Act 2010** is **repealed**.\n\n\t66 Requirements for publication of notice of proposed timber release plans\n\nSection 47 of the **Traditional Owner Settlement Act 2010** is **repealed**.\n\n\t67 Obligations of decision maker to ascertain compliance\n\nSection 48 of the **Traditional Owner Settlement Act 2010** is **repealed**.\n\n\t68 Definitions\n\n(1) In section 79 of the **Traditional Owner Settlement Act 2010**, in the definition of ***natural resources***, in paragraph (b)(i) **omit** \"(other than timber resources)\".\n\n(2) In section 79 of the **Traditional Owner Settlement Act 2010**, the definition of ***timber resources*** is **repealed**.\n\nDivision 7—Repeal of Part\n\n\t69 Repeal of Part\n\nThis Part is **repealed** on 1 May 2026.\n\n**Note**\n\nThe repeal of this Part does not affect the continuing operation of the amendments made by it (see section 15(1) of the **Interpretation of Legislation Act 1984**).\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\n*Minister's second reading speech—*\n\n*Legislative Assembly: 1 May 2024*\n\n*Legislative Council: 30 May 2024*\n\nThe long title for the Bill for this Act was \"A Bill for an Act to repeal the **Sustainable Forests (Timber) Act 2004**, to abolish VicForests, to amend the **Conservation, Forests and Lands Act 1987** and the **Forests Act 1958** in relation to forest management and to consequentially amend other Acts and for other purposes.\"\n\nThe **Sustainable Forests (Timber) Repeal Act 2024** was assented to on 25 June 2024 and came into operation on 1 July 2024: Special Gazette (No. 345) 25 June 2024 page 1.\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\n2 Table of Amendments\n\nThere are no amendments made to the **Sustainable Forests (Timber) Repeal Act 2024** by Acts and subordinate instruments.\n\n3 Explanatory details\n\nNo entries at date of publication.","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":8,"scope_assessment":{"changed":false,"description":"The Act implements the purposes stated in section 1 (repeal of the Sustainable Forests (Timber) Act 2004; abolition of VicForests; amendments to forest management laws). It does not expand beyond those stated objectives, though it introduces broad transitional regulation powers (s15, s109) and new enforcement and reporting mechanisms to effect the change."},"complexity_factors":["Large-scale repeal plus asset, rights and liability transfer to the Crown (s4–6): legal-title, contractual substitution and ongoing liabilities create administrative and litigation complexity.","Substitution of the Crown as party to pending proceedings and requirement for Registrar of Titles recordings (s6(d), s8): procedural steps across courts and land registers.","Transitional and savings provisions preserving certain audits, enforceable undertakings and production orders despite repeal (s12–14, s75L–M): overlapping regimes to manage ongoing matters.","Regulations power allowing retrospective effect and a two‑year sunset for transitional regulations (s15; s109): broad executive discretion with time limits.","New ministerial and secretary powers over sustainability criteria, reporting and audits (insertion of Part 5A into Conservation, Forests and Lands Act 1987; s16): policy discretion and reporting obligations.","New compliance, inspection and compelled‑production powers (production notices/orders; s75A–75B) combined with retention/forfeiture rules (s75E–75H): evidentiary and privacy implications for businesses.","Immediate suspension notices for licensed activities with short appeal window to Magistrates' Court (s57NB, s57NG): operational risk for licence‑holders and expedited judicial review.","Increase and criminalisation of several penalties and powers to seize items (s25, s26–27, s24): greater enforcement exposure for individuals and corporations.","Extensive consequential amendments across multiple Acts removing or reassigning references to VicForests (Parts 5, Divisions 2–6): inter‑legislative cross‑reference complexity.","Temporary repeal of Parts of this Act on fixed future dates (s18, s30, s69) creating staged legal effects to monitor and unwind transitional mechanisms."],"plain_english_summary":"Mechanically, this Act repeals the Sustainable Forests (Timber) Act 2004, abolishes VicForests and vests its property, rights and liabilities in the Crown, and amends Victoria’s forest laws to reassign decision‑making and introduce new compliance and reporting powers. It states its purpose is to end commercial native forest timber harvesting and reframe forest governance (s1). The Act affects VicForests, licence‑ and permit‑holders, contractors, the Secretary and the Minister by changing who decides, raising penalties, adding document‑production and suspension powers, and enabling transitional regulations."},"summary":{"complexity_score":2,"scope_assessment":{"changed":false,"description":"Based on the available text, the Act appears to do exactly what its title states — repeal the Sustainable Forests (Timber) Act 2004. There is no indication of scope creep or expansion beyond this singular repealing function. The limited text provided does not reveal any hidden provisions that would suggest the law does more than its title implies."},"complexity_factors":["The Act is a straightforward repeal instrument with a single, clear purpose — abolishing existing legislation","Minimal operative provisions are visible in the text provided","However, the downstream legal consequences (extinguishing licences, transitional arrangements, compensation implications) may exist in accompanying legislation not shown here","The provided text is largely structural/metadata with very limited substantive content to analyse"],"plain_english_summary":"The Sustainable Forests (Timber) Repeal Act 2024 abolishes the legal framework that allowed commercial logging in Victoria’s state forests, effectively ending the native forest timber industry and winding up existing licences.  \n\nThat change directly affects timber workers, logging companies and timber-dependent regional communities, while delivering a major win for conservationists and likely strengthening environmental protections for public forests and recreational users."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: repealing the timber harvesting framework, abolishing VicForests, and managing the consequential amendments necessary for a clean legislative transition. While it touches multiple Acts, these are strictly consequential amendments (removing references to the repealed Act and dissolved entity) rather than expansion into new policy areas. The new sustainability reporting requirements and enforcement powers in Parts 3-4 are directly related to filling the governance gap left by removing the commercial timber management framework."},"complexity_factors":["Extensive cross-referencing: Amends 6 separate Acts (*Conservation, Forests and Lands Act 1987*, *Forests Act 1958*, *Climate Change Act 2017*, *Crown Land (Reserves) Act 1978*, *Owner Drivers and Forestry Contractors Act 2005*, *Traditional Owner Settlement Act 2010*) plus repeals a 7th (*Sustainable Forests (Timber) Act 2004*)","Property transfer mechanics: Complex vesting provisions (section 6) dealing with registered land, unalienated land, encumbrances, and substitution in legal proceedings","Nested transitional provisions: Multiple 'savings and transitional' sections (12-15, 75L-N, 109) with conditional application based on commencement dates and pending matters","Document production framework: New Part 4 sections (75A-75N) create a multi-layered system of production notices, production orders, court applications, extensions, and enforceable undertakings with specific procedural requirements","Interpretive continuity: Section 9 contains complex deeming provisions for how references to 'VicForests' in existing documents must be construed differently depending on context (general references vs. Code of Practice references)","Self-repealing provisions: Sections 15, 18, 30, and 69 automatically repeal themselves on specific dates (2nd anniversary or 1 May 2026), creating temporal complexity","Penalty unit variations: Multiple penalty levels (20, 60, 120, 600 penalty units) with distinctions between natural persons and body corporates across different offences"],"plain_english_summary":"**What this law does:**\n\nThis Act ends commercial native forest logging in Victoria by repealing (cancelling) the *Sustainable Forests (Timber) Act 2004*. It abolishes VicForests—the state-owned company that managed timber harvesting—and transfers all its property, debts, and legal obligations to the Victorian Government (the Crown).\n\n**Key changes:**\n\n- **Ends native forest timber harvesting**: The old Act allowed commercial logging in state forests. This new law scraps that framework entirely.\n- **Abolishes VicForests**: The company is dissolved, its board removed, and all its assets (land, equipment, contracts) and liabilities (debts, legal cases) transfer to the Crown. Land registered in VicForests' name becomes unalienated Crown land (government-owned land that can't be sold).\n- **New forest management rules**: The law inserts new sections into the *Conservation, Forests and Lands Act 1987* requiring the Minister to set sustainability criteria and indicators for forest management, with reporting every 5 years. A \"Sustainability Charter\" can also be developed.\n- **Strengthens enforcement**: The *Forests Act 1958* gets new powers for authorised officers to issue directions, suspend activities that threaten the environment or safety, and demand documents through \"production notices\" and \"production orders\" (court-approved document requests). Penalties for offences like cutting timber for sale, hindering officers, or threatening officers are increased significantly.\n- **Cleans up other laws**: Removes references to VicForests and the repealed Act from over half a dozen other Victorian statutes, including the *Climate Change Act 2017*, *Crown Land (Reserves) Act 1978*, and *Traditional Owner Settlement Act 2010*.\n\n**Who it affects:**\n\n- **Forestry workers and contractors**: No more commercial native forest logging under the old system. Those with existing contracts or licences face transition to the new regime.\n- **Traditional Owners**: Changes to how their rights interact with forest management, including removal of specific timber release plan consultation requirements.\n- **Environmental regulators**: Authorised officers get stronger powers to investigate and stop illegal logging or environmental damage.\n- **The general public**: State forests shift from commercial timber production focus to conservation and sustainable management focus.\n\n**Why it matters:**\n\nThis is a major structural reform of Victorian forest policy. It formally ends the era of state-sponsored commercial native forest logging, dissolves the dedicated timber agency, and attempts to pivot forest management toward ecological sustainability while maintaining enforcement tools against illegal timber-taking."}},"importantCases":[],"_links":{"self":"/api/acts/sustainable-forests-timber-repeal-act-2024","history":"/api/acts/sustainable-forests-timber-repeal-act-2024/history","analysis":"/api/acts/sustainable-forests-timber-repeal-act-2024/analysis","conflicts":"/api/acts/sustainable-forests-timber-repeal-act-2024/conflicts","importantCases":"/api/acts/sustainable-forests-timber-repeal-act-2024/important-cases","documents":"/api/acts/sustainable-forests-timber-repeal-act-2024/documents"}}