29Power to authorise Chief Fire Officer to perform fire related activities

29 Power to authorise Chief Fire Officer to perform fire related activities The Secretary may, in writing, authorise the Chief Fire Officer to perform any functions of the Secretary in respect of fire related activities in every State forest, national park or on protected public land. Ss 30–37 repealed.[[3]](#endnote-4) Purchase or taking of lands No. 6073 s. 38. 38 Power to acquire compulsorily land for certain forest purposes S. 38(1) amended by Nos 7228 s. 7(Sch. 4 Pt 12(a)), 7674 s. 3(a), S.R. No. 258/1974 reg. 5, Nos 121/1986 s. 112, 41/1987 s. 103(Sch. 4 item 24.38), 76/1998 s. 10(1)(h). (1) The Minister may purchase by agreement or compulsorily acquire any land required for the purposes of the Secretary— (a) for securing ingress egress and regress to and from any reserved or protected forest; (b) for the use maintenance or transmission of mechanical hydraulic or electric power as a means of transporting forest produce or for operating or lighting any sawmill plant or machinery or other industrial undertaking in a State forest; or (c) for the construction of tramways roads or tracks in or in the vicinity of any State forest— to an extent not exceeding 20 metres in width over the whole length of the land required for any such purpose. S. 38(2) amended by Nos 7228 s. 7(Sch. 4 Pt 12(a)), 7674 s. 3(a), 121/1986 s. 112. (2) The Minister may purchase by agreement or compulsorily acquire any land required— (a) for the due conservation and proper working of State forests and plantations; (b) for the protection of State forests and plantations from sand-drifts upon such land; or (c) for the prevention or minimising of erosion by rivers streams rain or wind of the soil of State forests or plantations by the planting of such land with trees or grasses or otherwise. S. 38(2A) inserted by No. 7674 s. 3(b), amended by No. 121/1986 s. 112. (2A) The Governor in Council may by Order published in the Government Gazette dedicate any land purchased or compulsorily acquired under subsection (2) as a reserved forest. S. 38(3) amended by Nos 7228 s. 7(Sch. 4 Pt 12(a)), 7674 s. 3(a), substituted by No. 121/1986 s. 112. (3) The **Land Acquisition and Compensation Act 1986** applies to this Act and for that purpose— (a) the **Forests Act 1958** is the special Act; and (b) the Minister is the Authority. S. 38(4) repealed by No. 121/1986 s. 112. Ss 38A, 39 repealed.[[4]](#endnote-5) Naming &c., Victorian timber &c. No. 6073 s. 40. 40 Power to make regulations as to classification grading and naming of Victorian timbers etc. (1) The Governor in Council may make regulations for or with respect to the classification grading and naming for the purposes of this Act of any timbers obtained from trees grown in Victoria whether indigenous or not (hereinafter called ***Victorian timber***) and of any other forest produce. S. 40(2) amended by No. 10235 s. 3(b). (2) On any sale or in any contract for the sale of Victorian timber of any kind or of any forest produce of any kind every person who on or after a date to be proclaimed for the purpose by the Governor in Council by proclamation published in the Government Gazette knowingly describes any such kind of timber or forest produce— (a) by any other name than the name prescribed as the true name of such kind of timber or forest produce by the regulations; or (b) as being of any other class or grade of such kind of timber or forest produce than the class or grade prescribed by the regulations for timber or forest produce of that kind of the same average quality— shall be liable to a penalty of not more than 5 penalty units. State forests No. 6073 s. 41. S. 41 (Heading) inserted by No. 12/2016 s. 22(1). S. 41 amended by Nos 6976 s. 7(1)(a), 12/2016 s. 22(2) (ILA s. 39B(1)).