Forests (Domestic Firewood) Regulations 2022

Firewood collection area and firewood collection season. These terms are central to the operation of the Regulations but are not defined within the instrument itself. They derive from the Forests Act 1958, under which the Secretary or authorised officers designate areas and times when domestic firewood collection is permitted. The Regulations only apply when a person is physically inside such an area during such a season. Outside those spatial and temporal limits, the conduct prohibitions in regulation 8 do not apply, though other laws may still restrict tree cutting.

Fallen or felled trees. The Regulations apply only to trees that are already fallen or have been felled by someone else. They do not authorise the cutting of standing live trees. The instrument does not define “fallen” or “felled”, but ordinary meaning would apply. The critical exclusion is for trees that are “timber resources” under the Sustainable Forests (Timber) Act 2004, which likely means trees that have commercial timber value and are the subject of a timber release plan. This exclusion effectively reserves higher-value timber for VicForests’ commercial operations.

Heavy machinery. The definition is broad and includes any bulldozer, crane, excavator, forwarder, hydraulic log splitter, saw bench, skidder, skid steer loader, tractor and heavy vehicle. The inclusion of hydraulic log splitter is significant: an ordinary domestic firewood collector who brings a small hydraulic splitter into a collection area would commit an offence. The list is not exhaustive; “includes” leaves scope for other machinery of similar character. Heavy vehicle is defined by cross-reference to the Road Safety Act 1986, which generally means a vehicle with a gross vehicle mass over 4.5 tonnes.

Impermeable surface. Means any surface that prevents oil or fuel from being absorbed into the ground if spilled. The regulation gives examples: a tarpaulin, tray or trailer. The requirement is specific to chainsaw refuelling. A person who fills a chainsaw on bare ground, grass, or any permeable surface commits an offence carrying 5 penalty units. This is the only strict prohibition that applies without a distance or machinery qualifier.

Watercourse. Defined by reference to section 384 of the Land Act 1958. That provision defines watercourse broadly, including any river, creek, stream, water channel, or any part thereof, whether permanent or intermittent, and includes anything declared to be a watercourse. Importantly, it also includes the bed and banks. The 20-metre buffer zone applies from the watercourse itself, not just from the water.

Traditional owner group, agreed activity, traditional owner group entity, traditional owner group agreement. These definitions were inserted by amendment (SR No 84/2022) and all have the same meaning as in the Traditional Owner Settlement Act 2010. They enable an exemption for members of traditional owner groups who carry out agreed activities under a land-use agreement. The exemption does not apply unless an agreement is in place and the activity is designated as an agreed activity under that agreement.

Nomination. Regulation 7 prescribes Form 1 as the form for nominating another person to cut and take away firewood on one’s behalf under section 57R of the Forests Act. The form requires the nominating person’s name, address, telephone number, the nominated person’s name and address, and the maximum amount in cubic metres. The note to the form imposes a hard cap of 16 cubic metres per household per financial year, aggregated across nominations and collections under both the Forests Act and the Crown Land (Reserves) Act 1978.

The Regulations primarily affect individuals who seek to collect firewood from State forests for domestic heating or cooking. These are typically rural and peri-urban residents, hobby farmers, and others who rely on wood heat to reduce energy costs. The regulations impose conduct obligations that a casual collector might not anticipate, such as keeping 20 metres from watercourses, not towing logs along the ground, not bringing a hydraulic log splitter, and refuelling chainsaws only on an impermeable surface. The compliance burden falls disproportionately on those who cannot afford professional arborist services or who lack access to sealed surfaces.

Commercial operators are largely exempt. VicForests and its employees and contractors are excluded entirely when acting under a timber release plan (regulation 6). Persons holding a lease, licence, permit or authorisation under any Act are also exempt from the watercourse and towing prohibitions (regulation 9(1)) and from the heavy machinery prohibitions (regulation 9(2)). This means that authorised commercial firewood contractors, mining lease holders, or infrastructure operators can carry out activities that are prohibited for ordinary domestic collectors. The scheme thus imposes regulatory costs on private individuals while exempting commercial enterprises that have the resources to obtain formal authorisations.

Traditional owner groups are a second category of exempted persons if they have entered into a traditional owner group agreement under the Traditional Owner Settlement Act 2010. Members of such groups are not liable for an offence arising from these Regulations if they carry out an agreed activity on land covered by the agreement, provided they are bound by the agreement. This exemption was added by amendment shortly after the original Regulations were made, suggesting that the initial instrument was seen as potentially interfering with traditional owner rights.

The nomination mechanism affects both the nominator and the nominated person. A household may nominate another person to collect firewood on its behalf, but the 16 cubic metre annual cap applies to the household collectively, across both nominations and direct collections, and across both the Forests Act and the Crown Land (Reserves) Act regimes. This creates a compliance challenge: the nominator must track not only their own collections but also those of all household members and any nominees, and must ensure the total does not exceed the cap. The cap is a per-household limit, not a per-person limit.

Heavy machinery operators who enter firewood collection areas for non-firewood purposes (for example, to access a recreational site or to carry out maintenance) could inadvertently offend regulation 8(3) by bringing heavy machinery into the area, regardless of whether they are cutting firewood. The prohibition is on bringing or operating heavy machinery in the area during the season, not on using it for firewood collection specifically. However, regulation 9(2) provides an exemption if the person holds a lease, licence, permit or authorisation under any Act. Without such authorisation, a person who drives a tractor or ute with a trailer (if the ute is a heavy vehicle) into a firewood collection area during the season would commit an offence, even if they were only passing through.

Duties. The Regulations impose five positive prohibitions in regulation 8, each applying only in a firewood collection area during a firewood collection season.

First, a person must not cut or take away fallen or felled trees within 20 metres of a watercourse. This is a spatial restriction designed to protect riparian environments and water quality. It applies to both cutting and taking away; a person who cuts a tree 10 metres from a creek but carries it 30 metres away would still commit the cutting offence.

Second, a person must not tow or winch fallen or felled trees along the ground. This prohibition likely aims to prevent soil disturbance, erosion, and damage to understorey vegetation. It does not prohibit carrying or dragging trees by hand or using a wheelbarrow or trailer on a formed track, but any towing or winching along the ground is prohibited.

Third, a person must not bring heavy machinery into a firewood collection area during a firewood collection season. Fourth, a person must not operate heavy machinery in such an area during such a season. The “bring” limb covers entry with machinery even if not used; the “operate” limb covers use even if the machinery was already present (for example, stored in the area). The definition of heavy machinery includes hydraulic log splitters, saw benches, and tractors, which are common tools for domestic firewood processing. An individual who owns a small hydraulic splitter mounted on a trailer would commit an offence by bringing it into the area.

Fifth, a person must not fill a chainsaw with oil or fuel unless the chainsaw is situated on an impermeable surface. This is the lowest penalty offence (5 penalty units) but also the one most easily overlooked. A person may inadvertently refuel on the ground, on a log, or on grass, all of which are permeable surfaces. The regulation does not require that the impermeable surface be purpose-built; a plastic tarpaulin or a vehicle tray would suffice.

Rights. The primary right conferred is the ability to cut and take away fallen or felled trees for domestic use without a specific licence, but only in designated areas during designated seasons and subject to the conduct rules. The nomination mechanism (regulation 7 and Schedule 1) allows a person to authorise another individual to collect firewood on their behalf, subject to the 16 cubic metre household cap. This is useful for elderly or disabled persons who cannot collect their own firewood.

The exemption provisions in regulation 9 provide a defence of lawful authority. If a person holds a lease, licence, permit or authorisation under the Forests Act or any other Act or regulations thereunder, the watercourse, towing, and heavy machinery prohibitions do not apply. This right is broad: it encompasses not only firewood-specific authorisations but any authorisation that permits the activity, such as a mining licence, a bee-keeping permit, or a recreational use permit. However, the burden of proving the authorisation lies with the person claiming the exemption, and the exemption does not extend to the chainsaw refuelling offence (regulation 8(5)).

Traditional owner group members have an additional right under regulation 10: if the group entity has entered into an agreement under Part 6 of the Traditional Owner Settlement Act 2010, and the activity is an agreed activity under that agreement, the member is not liable for any offence under these Regulations that relates to carrying out that agreed activity on the land to which the agreement applies. This right is conditional: the member must be bound by the agreement, the activity must be an agreed activity, and the land must be covered by the agreement. It is not a blanket exemption for all traditional owners.

The Regulations prescribe penalties of 20 penalty units for four offences and 5 penalty units for the chainsaw refuelling offence. The value of a penalty unit for the 2022-23 financial year was $184.92, yielding maximum fines of $3,698.40 and $924.60 respectively. Penalty units are indexed annually by the Treasurer under the Monetary Units Act 2004, with the new value published in the Government Gazette and a Victorian newspaper before 1 June each year. Practitioners must check the applicable penalty unit value for the financial year in which the offence is alleged to have occurred.

The penalties attach directly to the regulation. There is no escalating scale for repeat offences, though the parent Act’s general penalty provisions may apply if an offence under the Regulations is deemed an offence against the Act (see the note to regulation 10(2), referencing section 97 of the Forests Act). Section 97 of the Forests Act creates offences for contravening any regulation made under the Act, and the penalty for those offences may be different from the penalty specified in the regulation. The note indicates that the regulation’s penalty may be the applicable penalty for an offence against the Act, but the relationship is not fully spelt out in this instrument. A practitioner should cross-check section 97 of the Forests Act to confirm the maximum penalty.

Enforcement is likely undertaken by authorised officers under the Forests Act, including Department of Energy, Environment and Climate Action officers, Parks Victoria rangers, and police. These officers have powers of entry, search, seizure, and direction. The Regulations do not create any infringement notice scheme or on-the-spot fines, but the parent Act may permit infringement notices for certain regulatory offences. The instrument itself is silent on enforcement mechanisms beyond stating the penalty.

The compliance cost for a typical domestic firewood collector is not trivial. A person who inadvertently brings a hydraulic log splitter into a collection area faces a fine of nearly $3,700. The argument that the regulation prohibits the use of log splitters in firewood collection areas, even though the activity otherwise complies with environmental safeguards, imposes a real cost on those with physical limitations. The alternative is to split wood by hand or to process wood outside the collection area and bring only split logs into the area, which increases transport time and fuel costs.

The chairman of the penalties regime is not the only cost; the nomination form’s 16 cubic metre cap, when aggregated across household members and other nominations, creates an information burden. A household must keep records of all collections by all members and nominees under both the Forests Act and the Crown Land (Reserves) Act to avoid exceeding the cap. There is no central registry or notification system; compliance depends on self-reporting and accurate record-keeping. An inadvertent breach of the cap could theoretically constitute an offence under the parent Act for taking more than the prescribed amount, though the Regulations do not themselves penalise exceeding the cap. The cap is embedded in a note to a form, not in a regulation proper, which may raise questions about its legal enforceability.

The Regulations operate within a web of Victorian legislation. The parent Act is the Forests Act 1958, which provides the framework for management of State forests, including the power to make regulations under sections 99(33) and 100B. Section 99(33) is a general regulation-making power; section 100B specifically addresses firewood collection. The definitions of “firewood collection area” and “firewood collection season” are not in these Regulations but in the Forests Act, and the Secretary’s powers to determine these areas and seasons are exercised under that Act.

The Sustainable Forests (Timber) Act 2004 governs commercial timber harvesting. Regulation 6(1) excludes timber resources as defined under that Act, meaning that fallen or felled trees that have commercial value are not subject to these domestic firewood rules. Regulation 6(2) excludes VicForests and its employees and contractors when acting under a timber release plan. This prevents conflict between the domestic firewood scheme and commercial timber operations.

The Crown Land (Reserves) Act 1978 appears in the note to Form 1, which requires the household cap of 16 cubic metres to be aggregated with amounts taken under that Act. This indicates that domestic firewood collection on Crown land reserved under that Act is also capped at the same household limit, and the Regulations’ nomination form must account for both regimes. The interaction creates a single, unified household limit across two separate statutory schemes, which is administratively sensible but creates a compliance challenge for households that collect firewood from both State forest and Crown land reserves.

The Traditional Owner Settlement Act 2010 provides definitions for “agreed activity”, “traditional owner group”, “traditional owner group entity”, and “traditional owner group agreement”. Regulation 10 incorporates these definitions by reference, creating an exemption from the Regulations’ offence provisions for traditional owner group members who carry out agreed activities under a land-use agreement. This avoids inconsistency between the Regulations and traditional owner rights, but only where an agreement exists and the activity is specified as an agreed activity.

The Land Act 1958 defines “watercourse” for the purposes of the 20-metre buffer under regulation 8(1). The Land Act’s definition is broad, covering any river, creek, stream, water channel (permanent or intermittent) and the bed and banks. It also includes anything declared to be a watercourse by the Governor in Council. This definition may capture ephemeral drainage lines that only flow after rain, which could surprise collectors who do not recognise a dry gully as a watercourse.

The Road Safety Act 1986 defines “heavy vehicle” for the purposes of the heavy machinery definition. Heavy vehicle generally means a vehicle with a gross vehicle mass exceeding 4.5 tonnes, which includes many large utes towing trailers, and some four-wheel drives with heavy accessories.

The Sentencing Act 1991 and the Monetary Units Act 2004 fix the value of a penalty unit and provide for indexation. The Explanatory details in the endnotes note that the amount of the calculated penalty may be rounded to the nearest dollar. The value for the 2022-23 financial year was $184.92, but this changes annually.

The Subordinate Legislation Act 1994 provides for the automatic repeal of statutory rules after 10 years (section 5). These Regulations will sunset on 9 August 2032 unless remade earlier.

The original instrument, S.R. No. 63/2022, was made on 9 August 2022 and came into operation on 27 August 2022. It contained regulations 1 through 9, Schedule 1, and the definitions as originally enacted. Less than one month later, on 20 September 2022, the Forests (Domestic Firewood) Amendment Regulations 2022, S.R. No. 84/2022, were made and commenced on the same day. This amendment inserted the definitions of “agreed activity”, “traditional owner group”, “traditional owner group agreement”, and “traditional owner group entity” into regulation 5, and inserted a new regulation 10 dealing with the application of the Regulations to traditional owner groups. This version, Version No. 002, incorporating the amendments as at 20 September 2022, is the current version.

The speed of the amendment suggests that the original Regulations were perceived as having an unintended impact on traditional owner rights, or that the application of the Regulations to traditional owner groups was overlooked during drafting. The amendment introduced an exemption that mirrors the approach taken in other Victorian natural resource regulations, where traditional owner group agreements are recognised as an alternative regulatory framework.

The amendment history also records that the 2012 Regulations (S.R. No. 91/2012) were revoked by regulation 4. The endnotes indicate that this 2022 version will sunset 10 years after the day of making, on 9 August 2032. There is no published amendment history beyond the single September 2022 amendment. Any future amendments would need to be tracked via the Victorian Legislation website.

The instrument itself is too recent to have generated reported litigation. No cases interpreting the Forests (Domestic Firewood) Regulations 2022 are referenced in the source, and the endnotes contain no mention of judicial review or prosecutorial appeals. The predecessor 2012 Regulations may have been the subject of enforcement proceedings, but this instrument does not record any.

Potential areas of future litigation could include: (1) the definition of “watercourse” under the Land Act 1958 and whether ephemeral drainage lines fall within the 20-metre buffer; (2) the scope of “heavy machinery” and whether a small household log splitter is captured; (3) the interaction between the nomination cap in Form 1 and the general offence provisions in the Forests Act; (4) the validity of the traditional owner group exemption if it conflicts with the parent Act; (5) whether a person who enters a firewood collection area with heavy machinery for a non-firewood purpose, such as recreation, can rely on the “authorisation” exemption if they hold a forest recreation permit; and (6) the extent to which the 16 cubic metre cap is legally enforceable given it appears only in a note to a prescribed form, rather than in a substantive regulation.

Because the Regulations impose strict liability offences (there is no mens rea element stated), a person who honestly but mistakenly refuels a chainsaw on the ground, or who does not realise a dry gully is a watercourse, would still be liable. Litigants may challenge the proportionality of penalties for minor inadvertent conduct, but the Sentencing Act 1991 would govern any such challenge.

Hydraulic log splitters are heavy machinery. Many domestic firewood collectors own a small hydraulic log splitter, often trailer-mounted. The definition of heavy machinery includes “hydraulic log splitter”. Bringing one into a firewood collection area during the season is an offence carrying 20 penalty units, regardless of whether it is used. Collectors accustomed to using a splitter to process large rounds may find themselves unable to use that tool within the designated area. The exemption in regulation 9(2) only applies if the person holds a lease, licence, permit or authorisation. A domestic firewood collector without such authorisation would need to split wood outside the collection area and bring only the split pieces in, or rely on manual splitting.

The 20-metre watercourse buffer is measured from the watercourse itself, not the water’s edge. The Land Act definition includes the bed and banks. A collector must stand at least 20 metres back from the outer bank of a river or creek. A watercourse that is dry at the time of collection still counts. An intermittent stream that only flows after rain is still a watercourse under the broad definition.

Towing or winching along the ground is prohibited even on formed tracks. The prohibition is absolute: “tow or winch fallen or felled trees along the ground.” There is no exception for gravel roads or firebreaks. If a collector attaches a chain to a log and drags it a short distance to a vehicle, that is towing along the ground. The collector must lift the log (by hand, or using a trailer with a ramp, or a vehicle with a crane) rather than drag it.

The nomination cap applies to the whole household, not just the nominator. Form 1’s note states that the specified maximum amount must not exceed 16 cubic metres for the current financial year when added to amounts under any other nomination made by the nominator or a member of their household, and amounts already cut and taken away by the nominator or household members in the current year. The cap therefore aggregates across all household members, whether they are nominators or direct collectors, and across collections under both the Forests Act and the Crown Land (Reserves) Act. A household of four people could not, for example, each collect 16 cubic metres by nominating each other. The administrator of a household must track total collections.

The chainsaw refuelling offence applies even if no spill occurs. The offence is filling the chainsaw unless the chainsaw is situated on an impermeable surface. There is no defence that the person took care not to spill, or that no spill occurred. The requirement is strict: the chainsaw must be on an impermeable surface at the moment of filling. A collector who refuels on a log, on the ground, or on a pile of leaves commits an offence, even if they place a small piece of plastic under the chainsaw but the plastic moves or is permeable.

The offence applies only in firewood collection areas during firewood collection seasons. Outside those areas or outside the declared season, regulation 8 does not apply. However, other laws (such as the Forests Act generally, the Conservation, Forests and Lands Act 1987, or local laws) may still prohibit cutting trees, towing logs, or using machinery. The collector must check not only these Regulations but also the parent Act and any other applicable legislation.

The exemption for lease, licence, permit or authorisation is broad but the burden of proof is on the person claiming it. A person who brings heavy machinery into a collection area must be able to produce the relevant authorisation. An authorisation under any Act or regulations thereunder suffices; it need not be specific to firewood. For example, a mineral exploration licence or a apiary site permit might suffice. But if the person has no written authorisation, they cannot rely on the exemption.

Traditional owner group exemption is conditional upon an agreement being in place and the activity being an agreed activity. The exemption does not apply to all traditional owners or to all traditional owner groups; it requires a specific Part 6 agreement under the Traditional Owner Settlement Act 2010. Members of a traditional owner group that has not entered such an agreement are subject to the same offences as the general public.

The penalty unit value changes annually. The $184.92 figure is for 2022-23 only. For any offence committed in a later financial year, the penalty unit value will be higher due to indexation. A collection offence committed in 2025-26 could attract a fine considerably larger than the dollar amounts cited in the regulation’s endnotes.

A person wishing to collect domestic firewood from State forest should take the following steps.

First, confirm that the area they intend to collect from is a “firewood collection area” and that the current period falls within a “firewood collection season” as declared under the Forests Act 1958. This information is typically published by the Department of Energy, Environment and Climate Action on its website or at forest entrances. If the area is not designated or the season is not open, these Regulations do not apply, but other restrictions may.

Second, ensure that the fallen or felled trees to be collected are not “timber resources” under the Sustainable Forests (Timber) Act 2004. If the logs have commercial value, for example, they are marked by VicForests or are in a timber harvesting area, they cannot be taken as domestic firewood. If in doubt, contact the local forest office.

Third, observe the five conduct prohibitions. Cut or take away fallen or felled trees at least 20 metres from any watercourse. The watercourse includes its bed and banks, so measure from the outer bank of the dry channel, not the water line. Do not tow or winch logs along the ground; instead, lift them by hand or use a vehicle with a crane or a trailer with a ramp. Do not bring or operate any heavy machinery into the firewood collection area. This includes hydraulic log splitters, tractors, saw benches, and any heavy vehicle (over 4.5 tonnes GVM). A small ute under 4.5 tonnes is not a heavy vehicle, but a large ute towing a heavy trailer may become a heavy vehicle. If a person requires a log splitter, they must split the wood outside the firewood collection area and bring only the split pieces in.

Fourth, when refuelling a chainsaw, ensure the chainsaw is placed on an impermeable surface. A plastic tarpaulin, a metal or plastic tray, a vehicle tray, or a sheet of plywood sealed with plastic sheeting would suffice. The surface must prevent oil or fuel from being absorbed into the ground if spilled. Never refuel on bare ground, grass, gravel, or logs.

Fifth, if a person cannot collect their own firewood, they may nominate another person using Form 1 in Schedule 1. The nominator must complete the form with their name, address, telephone number, the nominated person’s name and address, and the maximum amount in cubic metres. The total amount nominated, when added to all other nominations by the nominator and any member of their household, and to any amounts already collected by the nominator or household members in the current financial year under both the Forests Act and the Crown Land (Reserves) Act, must not exceed 16 cubic metres. Maintain written records of all collections, nominations, and amounts collected by household members. No government agency provides automatic tracking; the household bears the responsibility.

Sixth, if a person holds a lease, licence, permit or authorisation under any Act that permits the activities prohibited by regulation 8(1)-(4), they may rely on the exemption in regulation 9. The authorisation should be carried when collecting firewood, as an authorised officer may request proof.

Seventh, members of traditional owner groups should verify whether their group entity has entered into a Part 6 agreement under the Traditional Owner Settlement Act 2010. If so, they should ensure that the activity they wish to undertake is an “agreed activity” under that agreement and that the land they intend to collect from is land to which the agreement applies. If these conditions are met, the Regulations do not apply to them for that activity. If the conditions are not met, they are subject to the same rules as the public.

Eighth, be aware that these Regulations sunset on 9 August 2032. Before that date, the government may remake or amend them. Practitioners advising clients should check for any subsequent amendments and for any changes to the parent Act that may affect the definitions of “firewood collection area” or “firewood collection season”. The penalty unit value should be confirmed for the relevant financial year.

Ninth, consider the economic incentives created by the Regulations. The prohibition on heavy machinery increases the labour cost of firewood collection. A household that would otherwise use a hydraulic splitter must either process wood by hand, split it outside the collection area, or purchase already-split firewood from a commercial supplier. The household cap of 16 cubic metres per year may be insufficient for those who rely entirely on wood heat for winter months, particularly in colder regions of Victoria. This may push households toward the commercial firewood market, where suppliers are exempt if they hold authorisations, thereby increasing the cost of heating for low-income households. The Regulations do not account for differences in household size, climate, or alternative fuel availability. They impose a uniform cap and uniform conduct rules across all State forest firewood collection areas, regardless of local conditions.