77Prohibition of cutting etc. timber etc. on certain roads without authority of Secretary

77 Prohibition of cutting etc. timber etc. on certain roads without authority of Secretary S. 77(1) amended by Nos 9921 s. 255, 41/1987 s. 103(Sch. 4 item 24.85), 13/1990 s. 40(d), 76/1998 s. 10(1)(u), 12/2004 s. 158(2), 48/2004 s. 117(1), 46/2012 s. 8(1), 24/2024 s. 54(1). (1) Subject to subsection (1B), notwithstanding anything in any Act or any by‑law local law lease licence permit right or authority thereunder (but, with respect to freeways and arterial roads within the meaning of the **Road Management Act 2004**, subject to the provisions of that Act) no person shall without the authority in writing of the Secretary mark bark ringbark sapring girdle fell cut split break or otherwise kill destroy damage or injure or remove the whole or any part of any tree sapling shrub underwood or timber in or upon so much of any road as passes through or is within any State forest or is between and adjoining any State forests. S. 77(1A) inserted by No. 48/2004 s. 117(2), repealed by No. 24/2024 s. 54(2). S. 77(1B) inserted by No. 46/2012 s. 8(2). (1B) Subsection (1) does not apply to fallen or felled trees in or on a road that is in a firewood collection area, if the fallen or felled trees are cut or taken away in accordance with section 57Q(4). S. 77(2) amended by Nos 41/1987 s. 103(Sch. 4 item 24.85), 76/1998 (2) The Secretary may grant any such authority in accordance with the regulations and on payment of such fee as is prescribed. S. 77(3) amended by Nos 9416 s. 6(1), 10235 s. 3(j). (3) Every person who is guilty of any contravention of or failure to comply with this section or any such regulation shall be liable to a penalty of not more than 50 penalty units. S. 77(4) amended by Nos 9921 s. 255, 13/1990 s. 40(e), 12/2004 s. 158(3). (4) Notwithstanding anything in this or any other Act (other than the **Road Management Act 2004**) a municipal council shall have the control and management of all trees saplings shrubs underwood and timber in or upon any road (except so much of any road as passes through or is within any State forest or is between and adjoining any State forests) under the care and management of such council: S. 77(4) Proviso amended by Nos 41/1987 s. 103(Sch. 4 item 24.85), 13/1990 s. 40(f), 76/1998 Provided that if a municipal council cuts or obtains any timber in or upon so much of any such road as is on or adjoins any boundary of any State forest (not being a road between and adjoining any State forests) such timber shall be so cut or obtained and all debris resulting from the cutting or obtaining of such timber shall be burnt or otherwise disposed of to the satisfaction of the Secretary and at such time or times as the Secretary directs. S. 77(5) amended by Nos 41/1987 s. 103(Sch. 4 item 24.85), 13/1990 s. 40(f), 76/1998 (5) Notwithstanding anything in this Act, for the purposes of construction of or repairs to any road culvert or bridge, a municipal council may without payment of any royalty fee due or charge cut or obtain timber in or upon so much of any road under the care and management of such council as passes through or is within any State forest or is between and adjoining any State forests: Provided that all timber so cut or obtained shall be cut or obtained and all debris resulting from the cutting or obtaining of such timber shall be burnt or otherwise disposed of to the satisfaction of the Secretary and at such time or times as the Secretary directs. S. 77(6) amended by Nos 41/1987 s. 103(Sch. 4 item 24.85), 76/1998 (6) The Secretary may for the purposes only of protecting any State forest from fire cut and remove the whole or any part of any tree sapling shrub underwood or timber in or upon so much of any road as is on or adjoins any boundary of such State forest: Provided that nothing in this subsection shall be deemed to restrict the powers of the Secretary with respect to any part of any road which is between and adjoining any State forests. S. 77(7) inserted by No. 12/2004 s. 158(4). (7) Subsections (5) and (6) are not subject to the **Road Management Act 2004** and prevail over that Act to the extent of any inconsistency. No. 6073 s. 78.