99Regulations

99 Regulations The Governor in Council may make regulations not inconsistent with the provisions of this Act for all or any of the following purposes, namely: (1) Prescribing the form of leases licences permits or authorities and the terms covenants and conditions under which such leases shall be granted or cease and determine or such licences permits or authorities shall be issued and cancelled or withdrawn and the mode of applying for any such lease licence permit or authority; S. 99(1A) inserted by No. 24/2024 s. 28 (1A) Prescribing the matters the Minister must consider before granting a licence or permit under section 52(1); (2) Prescribing the rate or amount of rentals royalties fees dues and charges payable in respect of any lease or licence or for any permit or authority; (3) Reserving any area of any reserved forest from the operation of any lease licence permit or authority; (4) Reserving from the operation of any lease or licence under this Act any area of a reserved forest required for the agistment of draught cattle used by any person holding a lease or licence or permit or authority under this Act; (5) Prohibiting except under licence or permit the depasturing of cattle within and the regulation of the passage of cattle through any reserved forest; (6) Prohibiting except under licence or permit the making of temporary clearings for any description of cultivation; (7) Regulating the temporary prohibition of grazing over specified areas of reserved forests in order to preserve the young trees and seedlings growing on such areas; S. 99(8) amended by Nos 41/1987 s. 103(Sch. 4 item 24.116), 74/2000 s. 3(Sch. 1 item 52.8). (8) Prescribing the mode in which any forest produce is to be branded or marked, and the mode in which such brands, or marks may be registered with the Secretary; S. 99(9) amended by No. 41/1987 s. 103(Sch. 4 item 24.117). (9) Prescribing the kinds sizes and quantities of any forest produce which may be cut or removed in or from any forest and prohibiting the removal of any forest produce until branded by an authorised officer if so prescribed; (10) Prescribing any acts which may not be done within a forest without a lease or licence or permit or authority for the doing of such act; (11) Prescribing such annual succession of areas over which timber cutting and grazing rights may be exercised as shall be deemed most favourable for forest conservation; (12) Providing for the making of declarations or statements by licensees or any other persons as to the quantity and description of timber and forest produce obtained taken delivery of hauled removed hewn sawn or otherwise treated or transported or consigned by road rail or water and as to the place where any timber or forest produce was obtained and as to the place to which any timber or forest produce is consigned; S. 99(13) amended by No. 96/1994 s. 54. (13) Regulating the burning off of inflammable material and the lighting and use of fires and the use of any engine, boiler or other device or equipment which is capable, in the course of its ordinary use, of igniting a fire, within any fire protected area or any specified portion thereof; S. 99(13A) inserted by No. 6976 s. 21(a), amended by No. 41/1987 s. 103(Sch. 4 item 24.117). (13A) Providing for and regulating the giving by authorised officers of written authority to light fires in any fire protected area or any part thereof and prescribing the circumstances in which such authority may be given; S. 99(13B) inserted by No. 6976 s. 21(a), amended by No. 41/1987 s. 103(Sch. 4 item 24.117). (13B) Prescribing conditions to be specified in any written authority to light a fire and authorizing authorised officers to specify conditions therein at their discretion; S. 99(13C) inserted by No. 6976 s. 21(a), amended by No. 41/1987 s. 103(Sch. 4 item 24.117). (13C) Prohibiting the lighting or maintaining of fires in any fire protected area or any part thereof without the written authority of an authorised officer; S. 99(13D) inserted by No. 8945 s. 5(a). (13D) The extinguishment of fires lit kindled maintained or used in a fire protected area; (14) Regulating the establishment of Government timber depots, the terms and conditions for the use of same; S. 99(15) amended by Nos 41/1987 s. 103(Sch. 4 item 24.116), 76/1998 s. 10(1)(u), 48/2004 s. 126, 19/2018 s. 134, 24/2024 s. 61. (15) Regulating traffic through reserved forests, and the prevention of trespass on or in any portion of a State forest which is fenced and providing for the safety and protection of roads tracks and tramways constructed or maintained by the land manager, and the operation of vehicles and the transportation of timber sand stone gravel and other materials thereon; S. 99(16) amended by No. 8587 s. 11(a). (16) Regulating camping and the establishment and conduct of recreation grounds and camping areas in State forests and prescribing the conditions on which the same may be used by persons; S. 99(17) substituted by No. 8945 s. 5(b). (17) The— (a) measures (including the clearing of land and the burning of inflammable material) to be taken or carried out; (b) facilities equipment apparatus or other things to be provided— in fire protected areas for the prevention and suppression of fire or the protection of life and property from fire; S. 99(17A) inserted by No. 8945 s. 5(b). (17A) The maintenance of works facilities equipment apparatus and other things constructed or provided pursuant to the Act or the regulations in fire protected areas for the prevention and suppression of fire or the protection of life and property from fire; S. 99 (17B)–(17E) inserted by No. 8945 s. 5(b), repealed by No. 48/2004 s. 116(1). S. 99(18) amended by No. 6976 s. 21(b). (18) Prescribing the terms and conditions under which persons may be appointed as trainees and the positions to which trainees may be appointed and regulating the training of persons so appointed; S. 99(19) substituted by No. 6976 s. 21(c), amended by Nos 41/1987 s. 103(Sch. 4 item 24.116), 76/1998 s. 10(1)(u), repealed by No. 38/2021 s. 17. S. 99(19A) (19B) inserted by No. 6976 s. 21(c), repealed by No. 38/2021 s. 17. S. 99(19C) inserted by No. 7740 s. 8, amended by Nos 8587 s. 11(b), 41/1987 s. 103(Sch. 4 item 24.116), 76/1998 s. 10(1)(u), repealed by No. 48/2004 s. 100(2). S. 99(20) amended by No. 9212 s. 2(2). (20) The protection of trees in Crown lands reserved under the **Crown Land (Reserves) Act 1978** from sale permanently for the purposes of public parks or gardens or for the recreation convenience and amusement of the people and vested in trustees and whether there is a committee of management of such lands or not; and regulating or prohibiting the cutting or removal of such trees and other forest produce; (21) Prescribing such annual cutting sections as are deemed necessary under a working plan; (22) Prescribing the procedure for the sale by auction or by tender of rights to leases licences or permits or of forest produce and enabling upset prices or minimum royalties dues or charges to be fixed; (23) Prescribing the fees or deposits to be paid with any application or tender; (24) Providing for the inspecting of timber and other forest produce for export and for local use, and prescribing the forms and certificates to be used, the fees to be paid and the brands or marks to be used; (25) Prescribing rules for the grading of timber for export and for local use; (26) Regulating the export of prescribed species of timber or other forest produce; S. 99(26A) inserted by No. 6976 s. 21(d). (26A) Prescribing standards for the treatment by preservative of timber (whether grown in Victoria or not) which is sold or offered for sale in Victoria; S. 99(26B) inserted by No. 6976 s. 21(d). (26B) Prohibiting the sale or offering for sale as timber treated with preservative any timber which has not been treated with preservative or which has not been treated in accordance with the prescribed standards or regulations with respect thereto; S. 99(27) repealed by No. 48/2004 s. 116(4). S. 99(28) amended by Nos 41/1987 s. 103(Sch. 4 item 24.116), 76/1998 (28) Providing for the keeping by the Secretary of a register of the names addresses and occupations of all persons engaged or employed in any industry in any State forest; S. 99(29) amended by Nos 9921 s. 255, 12/2004 s. 158(5), 109/2004 s. 22(b), 6/2010 s. 203(1) (Sch. 6 item 23) (as amended by No. 45/2010 s. 22). (29) Regulating or prohibiting the carrying or use of dangerous matches and fire-arms in State forests and national parks, and subject to the provisions of the **Transport (Compliance and Miscellaneous) Act 1983** and the **Road Management Act 2004** the use of steam engine locomotives and traction engines in State forests and national parks, and generally for the protection of State forests and national parks from damage by fire; S. 99(30) amended by No. 6976 s. 21(e). (30) Regulating or prohibiting the destruction shooting hunting pursuing or snaring of animals or birds in any reserved forest; S. 99(31) amended by Nos 8945 s. 7(c), 9464 s. 2(c), 10235 s. 3(o). (31) Prescribing either generally or particularly penalties not exceeding 50 penalty units for breaches of any regulations; S. 99(32) amended by No. 41/1987 s. 103(Sch. 4 item 24.117), repealed by No. 41/1987 s. 103(Sch. 4 item 24.118). (33) Prescribing any matters required or permitted or necessary or expedient to be prescribed for carrying this Act into effect, and generally for carrying into effect the objects of this Act. For the purposes of this section the expression ***dangerous matches*** means any matches other than those so made as to strike only on a preparation affixed to the containing box or to a box containing the same description of matches. S. 99A inserted by No. 8945 s. 6, amended by No. 97/2003 s. 5 (ILA s. 39B(1)).