21Special powers of Secretary and Parks Victoria

21 Special powers of Secretary and Parks Victoria S. 21(1) amended by Nos 41/1987 s. 103(Sch. 4 item 24.23), 76/1998 s. 10(1)(e)(i). (1) Subject to this Act the Secretary may— (a) permit the taking or converting of any timber or other forest produce in any State forest at not less than such minimum rates or amounts as are prescribed by or under this Act; (b) take and sell any timber or forest produce in any State forest; (c) convert any such timber into logs sawn timber or merchantable articles and sell the same; (d) convert any such forest produce into merchantable articles and sell the same; S. 21(1)(e) amended by Nos 48/2004 s. 101(1), 24/2024 s. 44(1). (e) construct and maintain roads tracks and tramways and other works for the transport of timber, forest produce and merchantable articles and purchase tramways and other works for such purposes and operate tramways or works so constructed or purchased and purchase rent or charter and use vehicles and vessels with the necessary motive power; S. 21(1)(e) Proviso repealed by No. 9765 s. 10. S. 21(1)(ea) inserted by No. 8035 s. 3, amended by Nos 8587 s. 3(a), 9416 s. 2(1), 41/1987 s. 103(Sch. 4 item 24.23), 76/1998 s. 10(1)(e)(i), repealed by No. 19/2018 s. 111(2). S. 21(1)(eb) inserted by No. 9416 s. 2(2), amended by Nos 41/1987 s. 103(Sch. 4 item 24.23), 76/1998 s. 10(1)(e)(ii), repealed by No. 19/2018 s. 111(2). (f) construct purchase or rent and operate sawmills and other mills and kilns and depots for seasoning timber and purchase or rent machinery and plant for the purposes of this section; and (g) purchase cattle and depasture them on State forests and sell such cattle. S. 21(1AA) inserted by No. 48/2004 s. 101(2), repealed by No. 24/2024 s. 44(2). S. 21(1A) inserted by No. 8587 s. 3(b), amended by Nos 41/1987 s. 103(Sch. 4 items 24.23, 24.24), 76/1998 s. 10(1)(e)(i), substituted by No. 19/2018 s. 111(3). (1A) Subject to this Act, the land manager, for any State forest, may— (a) close by the erection of barriers either temporarily or, with the approval of the Governor in Council, permanently, the whole or any part of a relevant road, track, tramway or other works; or (b) subject to any conditions, limitations and restrictions as are prescribed or as the land manager considers appropriate to impose, permit the use of any closed relevant road, track, tramway or other works by specified persons or for specified purposes or both; or (c) without limiting paragraph (a), may authorise any authorised officer, either generally or in a particular case, to close to vehicular traffic any relevant road, track, tramway or other works by the erection of barriers, if the authorised officer considers it to be dangerous for use by the public. S. 21(1B) inserted by No. 19/2018 s. 111(3). (1B) For the purposes of subsection (1A), ***relevant road, track, tramway or other works*** means any road, track, tramway or other works— (a) constructed or maintained by the land manager; or (b) under the control of the land manager. (2) The power to sell given by this section includes the power to sell by public auction or by tender or at not less than the rates or amounts prescribed by or under this Act. S. 21(3) amended by Nos 41/1987 s. 103(Sch. 4 item 24.23), 76/1998 s. 10(1)(e)(i). (3) The powers conferred on the Secretary under this Act to construct purchase or operate tramways shall notwithstanding anything in any Act include power— S. 21(3)(a) amended by No. 41/1987 s. 103(Sch. 4 item 24.25). (a) to construct any such tramway or any part thereof on along or across any road or (where such tramway is proposed to be constructed wholly or partly on Crown land other than a State forest) on any route in or through such Crown land; (b) to purchase any such tramway constructed wholly or partly on along or across any road; or (c) to operate any such tramway. S. 21(4) amended by No. 41/1987 s. 103(Sch. 4 item 24.23), repealed by No. 41/1987 s. 103(Sch. 4 item 24.26). S. 21(5) amended by No. 13/1990 s. 40(a). (5) Notwithstanding anything in this section no tramway or part thereof (as the case may be) proposed to be constructed pursuant to this section along any road which is under the care and management of any municipal council shall be so constructed unless with the consent of the said council or (failing such consent being given within three months after the receipt by the council of an application therefor) of the Governor in Council. No. 6073 s. 22.