58Proclamation of protected forests

58 Proclamation of protected forests S. 58(1) amended by No. 10087 s. 3(1)(Sch. 1 item 87(a)). (1) The Minister may at any time proclaim any unoccupied Crown land to be a protected forest and may at any time alter or revoke any such proclamation. (2) Such proclamation or alteration or revocation shall have no force or effect until published in the Government Gazette. S. 58(3) amended by Nos 10087 s. 3(1)(Sch. 1 item 87(a)), 41/1987 s. 103(Sch. 4 item 24.60), 76/1998 s. 10(1)(o), substituted by No. 19/2018 s. 126. (3) Subject to any leases or licences granted under any Act relating to Crown lands— S. 58(3)(a) amended by No. 42/2021 s. 79(1)(a). (a) for protected forest that is Parks Victoria recorded land or land controlled and managed by the Great Ocean Road Coast and Parks Authority— S. 58(3)(a)(i) amended by No. 42/2021 s. 79(1)(b). (i) all forest produce other than fallen or felled trees in a firewood collection area is under the control and management of Parks Victoria or the Great Ocean Road Coast and Parks Authority (as the case may be); and (ii) forest produce that is fallen or felled trees in a firewood collection area is under the control and management of the Secretary; and (b) for all other protected forest, all forest produce is under the control and management of the Secretary. S. 58(3A) inserted by No. 19/2018 s. 126. (3A) Subject to subsection (3), Crown land in a protected forest— (a) that is Parks Victoria recorded land, is subject to the control and management of Parks Victoria; and S. 58(3A)(b) amended by No. 42/2021 s. 79(2). (b) that is not Parks Victoria recorded land, or land controlled and managed by the Great Ocean Road Coast and Parks Authority is subject to the control and management of, as the case requires— (i) the Minister administering the **Land Act 1958**; or (ii) the Minister administering the **Crown Land (Reserves) Act 1978**; or (iii) another other person or body who has the control and management of the land under this Act, the **Crown Land (Reserves) Act 1978** or any other Act. S. 58(4)(a) amended by Nos 10087 s. 3(1)(Sch. 1 item 87(b)), 41/1987 s. 103(Sch. 4 item 24.60), 76/1998 (4) (a) Any specified area of a protected forest may by Order of the Governor in Council on the recommendation of the Minister be placed under the administration control and management of the Secretary for a specified period. S. 58(4)(b) amended by Nos 41/1987 s. 103(Sch. 4 item 24.60), 76/1998 (b) During such period the Secretary shall have the control and management of and be responsible for the forest produce in such specified area. S. 58(4)(c) amended by No. 10087 s. 3(1)(Sch. 1 item 87(c)). (c) In every other respect except as otherwise provided all Crown land within such area shall be subject to the control of the Minister administering the **Land Act 1958**. S. 58(4)(d) amended by No. 10087 s. 3(1)(Sch. 1 item 87(d)). (d) The Governor in Council on the recommendation of the Minister may at any time revoke either wholly or partly any Order made under this subsection. S. 58(5) amended by No. 96/1994 s. 55(c). (5) In this section and any corresponding previous enactment and in any proclamation or declaration made under this section or any corresponding previous enactment any reference to unoccupied Crown land shall be deemed to include and always to have included a reference to Crown lands in respect of which any grazing licence or an agricultural licence has or had been granted pursuant to Division eight of Part I of the **Land Act 1958** or any corresponding previous enactment. S. 58(6) inserted by No. 48/2004 s. 111(1), repealed by No. 24/2024 s. 48. No. 6073 s. 59.