100Power to make regulations as to eradication etc. of tree pests, diseases in timber etc.

100 Power to make regulations as to eradication etc. of tree pests, diseases in timber etc. (1) The Governor in Council may make regulations for or with respect to— (a) securing— (i) the treatment of diseased trees; (ii) the eradication of diseases of trees; (iii) the treatment of timber affected with disease; (iv) the prevention and eradication of diseases in timber— whether any such trees are or any such timber is upon or in any State forest or wherever situate in Victoria; S. 100(1)(b) amended by No. 10235 s. 3(p). (b) prescribing penalties (not exceeding 9 penalty units in any case) for the breach of any regulation under this section; and (c) generally, prescribing all matters and things necessary or convenient to be prescribed for carrying into effect the purposes of this section. (2) In this section unless inconsistent with the context or subject-matter— *disease* amended by Nos 41/1987 s. 103(Sch. 4 item 24.122), 76/1998 ***disease*** means any disorder affecting trees or timber and which on the recommendation of the Secretary the Governor in Council from time to time by proclamation in the Government Gazette declares to be a disease within the meaning of this section and whether or not caused by or consisting of the presence of insects or fungus; ***diseased*** means affected with disease; *fungus* amended by Nos 41/1987 s. 103(Sch. 4 item 24.122), 76/1998 ***fungus*** means any fungus or any tree parasite or timber parasite whatever which on the recommendation of the Secretary the Governor in Council from time to time by proclamation in the Government Gazette declares to be a fungus within the meaning of this section; *insect* amended by Nos 41/1987 s. 103(Sch. 4 item 24.122), 76/1998 ***insect*** means any insect whatever which on the recommendation of the Secretary the Governor in Council from time to time by proclamation in the Government Gazette declares to be an insect within the meaning of this section, and includes any such insect in whatever stage of existence the same may be and any eggs of any such insect; ***timber*** includes any timber imported into Victoria; ***tree*** means any tree (within the meaning of this Act) of any genus species or variety usually growing in a forest, and includes every part of such a tree. S. 100(3) amended by Nos 52/1994 s. 97(Sch. 3 item 13), 51/1995 s. 75. (3) This section shall be read and construed as in aid of and not in derogation from the provisions of the **Catchment and Land Protection Act 1994** or of the **Plant Health and Plant Products Act 1995** or of any other enactment relating to the subject-matter hereof. S. 100A inserted by No. 40/2009 s. 23.