heavy machinery includes any bulldozer, crane, excavator, forwarder, hydraulic log splitter, saw bench, skidder, skid steer loader, tractor and heavy vehicle;
heavy vehicle has the same meaning as in the Road Safety Act 1986;
impermeable surface means any surface which would prevent oil or fuel from being absorbed into the ground if spilled and includes a tarpaulin, tray or trailer;
the Act means the Forests Act 1958;
Reg. 5 def. of traditional owner group inserted by S.R. No. 84/2022 reg. 3.
traditional owner group has the same meaning as in the Traditional Owner Settlement Act 2010;
Reg. 5 def. of traditional owner group agreement inserted by S.R. No. 84/2022 reg. 3.
traditional owner group agreement means an agreement under Part 6 of the Traditional Owner Settlement Act 2010;
Reg. 5 def. of traditional owner group entity inserted by S.R. No. 84/2022 reg. 3.
traditional owner group entity has the same meaning as in the Traditional Owner Settlement Act 2010;
watercourse has the same meaning as in section 384 of the Land Act 1958.
6 No application of Regulations to timber resources
(1) Nothing in these Regulations applies to fallen or felled trees that are timber resources within the meaning of the Sustainable Forests (Timber) Act 2004.
(2) These Regulations do not apply to—
(a) an employee or contractor of VicForests who is acting in accordance with a timber release plan made under the Sustainable Forests (Timber) Act 2004; or
(b) VicForests when carrying out its duties or functions.
7 Nomination of another person to cut and take away fallen or felled trees for firewood
For the purposes of section 57R(2)(a) of the Act, the prescribed form is Form 1 in Schedule 1.
8 Offences relating to conduct in a firewood collection area during a firewood collection season
(1) A person must not, in a firewood collection area during a firewood collection season, cut or take away fallen or felled trees within 20 metres of a watercourse.
Penalty: 20 penalty units.
(2) A person must not, in a firewood collection area during a firewood collection season, tow or winch fallen or felled trees along the ground.
Penalty: 20 penalty units.
(3) A person must not bring heavy machinery into a firewood collection area during a firewood collection season.
Penalty: 20 penalty units.
(4) A person must not operate heavy machinery in a firewood collection area during a firewood collection season.
Penalty: 20 penalty units.
(5) A person must not, in a firewood collection area during a firewood collection season, fill a chainsaw with oil or fuel unless the chainsaw is situated on an impermeable surface.
Penalty: 5 penalty units.
9 No offence if authorised by licence or authorisation etc.
(1) Regulation 8(1) and (2) do not apply to a person who cuts or takes away fallen or felled trees in State forest in accordance with a lease, licence, permit or authorisation held by the person under the Act or any other Act or regulations under any other Act.
(2) Regulation 8(3) and (4) do not apply to a person who carries out an activity referred to in regulation 8(3) or (4) in accordance with a lease, licence, permit or authorisation held by the person under the Act or any other Act or regulations under any other Act.
Reg. 10 inserted by S.R. No. 84/2022 reg. 4.
10 Application of these Regulations to traditional owner groups
(1) If a traditional owner group entity has entered into a traditional owner group agreement, any provision of these Regulations that provides for an offence to carry out an agreed activity under that agreement does not apply to a member of the traditional owner group—
(a) who is bound by the agreement; and
(b) who carries out the agreed activity to which the offence relates in accordance with the agreement and on land to which the agreement applies.
(2) For the purposes of subregulation (1), a provision of these Regulations that provides for an offence includes where a contravention of a provision of these Regulations constitutes an offence against the Act to carry out an agreed activity under a traditional owner group agreement.
Note
See section 97 of the Forests Act 1958 and the definition of Act in section 3, which includes any regulation under the Act.
Schedule 1—Forms
Form 1
Regulation 7
Nomination Form—Collection of Firewood for Domestic Use
Name of nominating person
Address of nominating person
Telephone number of nominating person
I, the undersigned, under section 57R of the Forests Act 1958, nominate [name and address of nominated person] to cut and take away fallen or felled trees on my behalf for domestic use as firewood.
The maximum amount of fallen or felled trees to be cut and taken away by [name and address of nominated person] is [amount of fallen or felled trees] cubic metres.
Signed
Date
Note—maximum amount
The specified maximum amount of fallen or felled trees must not exceed 16 cubic metres for the current financial year when added to the following amounts—
• the maximum amounts specified in any other nomination made by you or a member of your household (whether the nomination is made under the Forests Act 1958 or the Crown Land (Reserves) Act 1978);
• the amounts of fallen or felled trees already cut and taken away in this financial year by you or members of your household as firewood (whether cut or taken away in a firewood collection area determined under the Forests Act 1958 or the Crown Land (Reserves) Act 1978).
═══════════════
Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Forests (Domestic Firewood) Regulations 2022, S.R. No. 63/2022 were made on 9 August 2022 by the Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, under sections 99(33) and 100B of the Forests Act 1958, No. 6254/1958 and came into operation on 27 August 2022: regulation 3.
The Forests (Domestic Firewood) Regulations 2022 will sunset 10 years after the day of making on 9 August 2032 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Forests (Domestic Firewood) Regulations 2022 by statutory rules, subordinate instruments and Acts.
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2022 is $184.92. The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year. ↑