60 Riding, driving, leading or bathing pack animals 49
61 Protection of fauna 50
62 Protection of nests, etc. 50
63 Traps, poisons and firearms 51
Part 7—Particular provisions for Yarra Tributaries Forest Reserve 52
64 Application of this Part to a member of traditional owner group 52
65 Entry and access 52
66 Vehicles 53
67 Riding, driving, leading or bathing pack animals 54
Part 8—Revocation 56
68 Revocation 56
Schedule 1—Forest reserves 57
═════════════
Endnotes 59
1 General information 59
2 Table of Amendments 61
3 Explanatory details 62
Version No.003
Forests (Recreation) (Temporary) Regulations 2021
S.R. No. 44/2021
Version incorporating amendments as at
14 June 2023
Part 1—Preliminary
1 Objectives
The objectives of these Regulations are—
(a) to regulate camping, recreation grounds and roads in State forests; and
(b) to prescribe acts which must not be done in State forests without a permit; and
(c) to provide for the care, protection and management of forest reserves and forest parks by the managing body by—
(i) regulating the entry by persons to forest reserves and forest parks; and
(ii) restricting or prohibiting access to areas by vehicles and aircraft; and
(iii) setting aside areas for specific purposes, in particular for prohibiting or regulating the access to, and entry onto, those areas by persons and specified classes of animal; and
(iv) setting aside areas for specific purposes, in particular for prohibiting or regulating activities in, and the use of those areas; and
(v) the preservation of good order in areas set aside for specific purposes; and
(vi) providing for the imposition, collection and receipt of fees by a managing body for entry or use of land and activities in areas set aside for specific purposes; and
(d) to prescribe fees for camping and parking in State forests and provide for collection and receipt of such fees by a managing body; and
(e) to prescribe penalties for contravention of these Regulations.
2 Authorising provisions
These Regulations are made under sections 50(5), 99 and 99A of the Forests Act 1958.
3 Commencement
These Regulations come into operation on 24 May 2021.
Aboriginal cultural heritage has the same meaning as in the Aboriginal Heritage Act 2006;
agreed activity has the same meaning as in section 79 of the Traditional Owner Settlement Act 2010;
aircraft includes a model aircraft or remotely piloted aircraft;
animal means any vertebrate or invertebrate animal in any stage of biological development other than a human;
assistance animal has the same meaning as in the Disability Discrimination Act 1992 of the Commonwealth;
assistance dog has the same meaning as in the Equal Opportunity Act 2010;
bog means any permanently wet site along drainage lines and valley floors, its vegetation primarily consisting of Sphagnum moss, and usually including Spreading Rope‑rush, Matted Nertera, Alpine Astelia and Mountain Gentian;
camp means using or having present in an area, for accommodation purposes, whether occupied or not—
(a) equipment including a tent, sleeping bag, swag, tarpaulin or any other form of accommodation, shelter or temporary structure; or
(b) a vehicle, vessel or any other moveable form of accommodation, whether or not it is in a condition that enables it to be moved;
committee, in relation to any land set aside under section 50(1) of the Act, means a committee of management appointed under section 50(3)(a) of the Act for the land;
drive, in relation to a vehicle, has the same meaning as in the Road Safety Act 1986;
emergency activity has the same meaning as in the Emergency Management Act 1986;
emergency services agency has the same meaning as in the Emergency Management Act 1986;
fauna has the same meaning as in the Flora and Fauna Guarantee Act 1988;
firearm has the same meaning as in the Firearms Act 1996;
fixed fireplace means a fixed facility constructed of stone, metal, concrete or other non‑flammable material provided by a committee for the purposes of lighting and maintaining fires;
forest park has the same meaning as in the Crown Land (Reserves) Act 1978;
forest reserve means the land set aside under section 50(1) of the Act and declared under the name that is specified in Column 2 of an item in the Table in Schedule 1 and by the description that is specified in Column 3 of that item in the Table;
large bus means a motor vehicle with seats for 30 or more people;
liquor has the same meaning as in the Liquor Control Reform Act 1998;
managing body means—
(a) for land managed by a committee, the committee; or
(b) for all other land, the land manager;
miner's right has the same meaning as in the Mineral Resources (Sustainable Development) Act 1990;
pack animal means a horse, donkey, mule, camel, llama or alpaca;
park, in relation to a vehicle, includes leaving a vehicle standing, whether or not the vehicle is attended;
recreation ground means any area in a State forest within 100 metres of any visitor facility;
registered hound has the same meaning as in the Wildlife (Game) Regulations 2012[4];
small bus means a motor vehicle with seats for more than 9 people but less than 30 people;
spring includes a soak;
the Act means the Forests Act 1958;
tourist fossicking authority means a tourist fossicking authority under Part 5 of the Mineral Resources (Sustainable Development) Act 1990;
traditional owner group agreement means an agreement under Part 6 of the Traditional Owner Settlement Act 2010;
traditional owner group entity has the same meaning as in the Traditional Owner Settlement Act 2010;
vehicle means a conveyance that is designed to be propelled or drawn by any means, whether or not the vehicle is capable of being propelled or drawn, and includes a bicycle or other pedal-powered vehicle, trailer, tram-car and air-cushion vehicle but does not include any of the following—
(a) a railway locomotive or railway rolling stock;
(b) a wheel chair, motorised wheel chair or other device designed or used for the conveyance of persons with disability or injury;
(c) a pram, stroller or other device designed or used for the conveyance of children;
visitor facility means any infrastructure provided by the managing body on land including a picnic table, toilets, fireplace, information shelter and carpark;
volunteer emergency worker has the same meaning as in the Emergency Management Act 1986;
Yarra Tributaries Forest Reserve means the land set aside and declared to be the Yarra Tributaries Forest Reserve under section 50(1) of the Act by Order published on page 2470 of the Government Gazette dated 17 September 2009.
Reg. 5A inserted by S.R. No. 108/2021
reg. 5.
5A Application of Regulations to regulated watercourse land
These Regulations do not apply to any area of State forest that is regulated watercourse land (within the meaning of the Land Act 1958) unless that land is any of the following—
(a) a forest reserve;
(b) a forest park;
(c) the Yarra Tributaries Forest Reserve.
6 Application of Regulations to holders of a permit, lease, licence or other authority
A person acting in accordance with the terms and conditions of any lease, licence, permit or authority granted under the Act, or agreement entered into under the Act, is not subject to these Regulations to the extent that the activities authorised by the lease, licence, permit, authority or agreement are inconsistent with these Regulations.
7 Offences do not apply to certain persons acting in the course of powers, duties or functions
The following persons do not commit an offence against these Regulations when acting in the course of the person's duties or functions or exercising a power for that purpose—
(a) a managing body or an employee of a managing body;
(b) an authorised officer;
(c) a police officer or protective services officer within the meaning of the Victoria Police Act 2013;
(d) a contractor, agent, volunteer or other person carrying out any work for, or acting on the authority or instruction of, a managing body;
(e) a person employed under Part 3 of the Public Administration Act 2004 who is exercising a power or carrying out a duty or function under—
(i) the Conservation, Forests and Lands Act 1987 or regulations made under that Act; or
(ii) an Act or part of an Act (as the case requires) specified in Schedule 1 to the Conservation, Forests and Lands Act 1987; or
(iii) regulations made under an Act or part of an Act (as the case requires) specified in Schedule 1 to the Conservation, Forests and Lands Act 1987; or
(iv) the Water Act 1989 or regulations made under that Act;
(f) a person employed by a public entity within the meaning of the Public Administration Act 2004 who is exercising a power or carrying out a duty or function under—
(i) the Conservation, Forests and Lands Act 1987 or regulations made under that Act; or
(ii) an Act or part of an Act (as the case requires) specified in Schedule 1 to the Conservation, Forests and Lands Act 1987; or
(iii) regulations made under an Act or part of an Act (as the case requires) specified in Schedule 1 to the Conservation, Forests and Lands Act 1987; or
(iv) the Water Act 1989 or regulations made under that Act;
(g) an operational staff member within the meaning of the Ambulance Services Act 1986;
(h) an officer, employee or volunteer emergency worker of an emergency services agency when engaged in an emergency activity or the discharge of a responsibility, function or other role in relation to an emergency.
8 Application of these Regulations to traditional owner group
(1) If a traditional owner group entity has entered into a traditional owner group agreement, any of these Regulations that provides for an offence to conduct or carry out an activity or do any thing that is an agreed activity (other than a regulation specified in subregulation (2)) 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 purpose of subregulation (1) the following regulations are specified—
(a) regulation 9(2);
(b) regulation 12;
(c) regulation 13(1);
(d) regulation 15;
(e) regulation 18(2);
(f) regulation 22;
(g) regulation 24(4);
(h) regulation 31;
(i) regulation 32;
(j) regulation 33;
(k) regulation 41(4).
(3) This regulation does not apply to the Yarra Tributaries Forest Reserve.
Note
For application of these Regulations to members of a traditional owner group in the Yarra Tributaries Forest Reserve, see regulation 64.
Part 2—Common provisions for permits
9 Permits
(1) A permit issued under these Regulations authorises the holder of the permit to enter or use an area of State forest specified in the permit—
(a) for the purpose specified in the permit; and
(b) for the period specified in the permit; and
(c) subject to any terms and conditions that are specified in the permit.
Reg. 9(1A) inserted by S.R. No. 108/2021
reg. 6(1).
(1A) A permit issued under these Regulations may be issued for a period not exceeding 3 years from the day it is issued.
(2) A permit holder must—
(a) carry the permit on their person when conducting activities specified in the permit; and
(b) if requested by an authorised officer, produce the permit for inspection by an authorised officer.
Penalty: 10 penalty units.
Reg. 9(2A) inserted by S.R. No. 108/2021
reg. 6(2).
(2A) A permit holder must comply with any terms and conditions specified in the permit.
Penalty: 10 penalty units.
(3) A permit issued under these Regulations must be in writing.
10 Surrender and cancellation of permits
(1) The holder of a permit may surrender the permit in writing to the managing body.
(2) The managing body may cancel a permit issued under these Regulations at any time if the managing body reasonably believes that—
(a) the holder of the permit has—
(i) failed to comply with the conditions of the permit; or
(ii) failed to comply with these Regulations; or
(b) the continuation of the permit is likely to be detrimental to or interfere with the management and protection of the natural environment, features, or visitors in a State forest; or
(c) the continuation of the permit is likely to be detrimental to or interfere with other visitors' recreational use of land in a State forest; or
(d) the continuation of the permit is likely to be detrimental to or interfere with the effective management and control of a State forest.
(3) If a permit is cancelled under subregulation (2), the managing body must cause the holder of the permit to be notified in writing of the cancellation of the permit.
(4) The cancellation of a permit under subregulation (2) does not take effect until the holder of the permit is given notification of that cancellation in accordance with subregulation (3).
11 Managing body may issue replacement permit
If a permit issued under these Regulations is lost, stolen or damaged, the person to whom the permit was issued may apply in writing to the managing body for a replacement permit.
Part 3—State forests
Division 1—Protection of roads and tracks
12 Offence to obstruct road or track in State forest
Reg. 12(1) substituted by S.R. No. 108/2021
reg. 7.
(1) A person must not construct or place any object, device or other thing that obstructs passage on a road or track constructed or maintained by the Secretary or Parks Victoria in a State forest.
Penalty: 20 penalty units.
Reg. 12(1A) inserted by S.R. No. 108/2021
reg. 7.
(1A) A person must not construct or place any object, device or other thing that is intended to obstruct passage on a road or track constructed or maintained by the Secretary or Parks Victoria in a State forest.
Penalty: 20 penalty units.
Reg. 12(2) substituted by S.R. No. 108/2021
reg. 7.
(2) A person must not construct or place any object, device or other thing on a road or track constructed or maintained by the Secretary or Parks Victoria in a State forest that damages that road or track.
Penalty: 20 penalty units.
Reg. 12(2A) inserted by S.R. No. 108/2021
reg. 7.
(2A) A person must not construct or place any object, device or other thing on a road or track constructed or maintained by the Secretary or Parks Victoria in a State forest that is intended to damage that road or track.
Penalty: 20 penalty units.
(3) A person must not dig a hole, pit or trench in a road or track constructed or maintained by the Secretary or Parks Victoria in a State forest.
Penalty: 20 penalty units.
(4) A person must not obstruct a road or track constructed or maintained by the Secretary or Parks Victoria in a manner that prevents safe passage on the road or track in a State forest.
Penalty: 20 penalty units.
Division 2—Camping and use of recreation grounds
13 Camping
Reg. 13(1) amended by S.R. No. 108/2021
reg. 8(1).
(1) A person must not camp in a State forest unless the camp is located more than 20 metres from any bog, dam, spring or bore.
Penalty: 10 penalty units.
Note to
reg. 13(1) revoked by S.R. No. 108/2021
reg. 8(2).
(2) Subject to subregulation (4), a person must not camp in the same area of a State forest for more than 28 consecutive nights.
Penalty: 10 penalty units.
(3) For the purposes of subregulation (2), same area means any location within 200 metres of the area at which the person first camps in a State forest.
(4) A person must not camp in the same recreation ground, forest reserve or forest park for more than 28 consecutive nights.
Penalty: 10 penalty units.
14 Vehicles must not damage the surface of land
(1) If a person camps in a State forest or occupies or uses a recreation ground the person must not intentionally or recklessly drive or park a vehicle in a State forest in such a way that damages the surface of the land.
Penalty: 20 penalty units.
(2) If a person camps in a State forest or occupies or uses a recreation ground and is driving or parking a vehicle, the person must not tow or winch any object along the ground unless that object is a wheeled object designed to be winched or towed by a vehicle.
Penalty: 20 penalty units.
Example
Caravans and trailers are wheeled objects designed to be winched or towed.
(3) An offence against subregulation (1) or (2) is an operator onus offence for the purposes of Part 6AA of the Road Safety Act 1986.
15 Use of weapons in recreation grounds prohibited
A person must not use a bow or spear in a recreation ground.
Penalty: 20 penalty units.
Note
Under section 130 of the Firearms Act 1996 it is an offence to possess or carry a loaded firearm or use a firearm in a public place. A person who contravenes this section is liable to a term of imprisonment of up to 10 years.
16 Model aircraft and remotely piloted aircraft in recreation grounds prohibited
(1) If a person occupies or uses a recreation ground the person must not operate a model aircraft or a remotely piloted aircraft in that recreation ground.
Penalty: 10 penalty units.
(2) In this regulation—
model aircraft has the same meaning as in the Civil Aviation Safety Regulations 1998 of the Commonwealth;
remotely piloted aircraft has the same meaning as RPA has in the Civil Aviation Safety Regulations 1998 of the Commonwealth.
Division 3—Activities requiring a permit
17 Construction and work
(1) A person must not within a State forest undertake any construction or work without a permit unless that person does so in accordance with—
(a) a miner's right or a tourist fossicking authority; or
(b) regulation 22(2)(b).
Penalty: 10 penalty units.
(2) For the purposes of subregulation (1), the managing body may issue a permit to a person to undertake construction or work.
(3) In this regulation—
construction includes building, modifying, maintaining, adding to, or erecting any building, permanent structure or improvement;
work means any activity that modifies land or the environment including the following—
(a) making paths, track and trails;
(b) digging, moving or removing soil, rock or stone;
(c) clearing vegetation;
(d) moving or removing any object or thing provided or erected by the managing body;
(e) installing or erecting any object or thing that is not a building, permanent structure or improvement.
Division 4—Powers of authorised officers
18 Powers of an authorised officer
(1) If an authorised officer is satisfied on reasonable grounds that a person has contravened regulation 13(2), 13(4) or 23(2), the authorised officer may direct the person to—
(a) if the contravention relates to a tent, sleeping bag, swag, tarpaulin or any form of accommodation, shelter or temporary structure, dismantle and remove it from the site of the contravention; and
(b) if the contravention relates to a vehicle, vessel or other moveable form of accommodation, remove it from the site of the contravention.
(2) It is an offence for a person to fail to comply with a direction of an authorised officer under subregulation (1).
Penalty: 10 penalty units.
Division 5—Other use and control of State forests
19 Non-application of Division
This Division does not apply to a forest reserve or forest park.
20 Dogs
(1) If a person occupies or uses a recreation ground the person must not bring a dog into the recreation ground or allow the dog to remain in the recreation ground unless—
(a) the dog is—
(i) on a leash, chain or cord which is suitable to restrain the dog; or
(ii) under the immediate control of the person at all times; and
(b) the dog is restrained from causing a disturbance to persons, or damage to or interference with, property, animals or natural objects.
Penalty: 10 penalty units.
(2) Subregulation (1)(a) does not apply if the dog is the person's assistance dog.
(3) If a person camps in any State forest or occupies or uses a recreation ground and brings a dog into the State forest the person must pick up and remove from the State forest any faeces deposited by the dog.
Penalty: 10 penalty units.
21 Feeding fauna and other animals
(1) If a person camps in a State forest or occupies or uses a recreation ground the person must not feed any fauna or other animal.
Penalty: 20 penalty units.
(2) If a person camps in a State forest or occupies or uses a recreation ground the person must not—
(a) offer food or offer any object as food to any fauna or other animal; or
(b) permit or allow food to be taken from the possession of the person by any fauna or other animal.
Penalty: 20 penalty units.
(3) Subregulations (1) and (2) do not apply to a person who brought the animal into the camp or recreation ground from outside the State forest.
22 Hygiene
Reg. 22(1) amended by S.R. No. 108/2021
reg. 9(1).
(1) If a person camps in a State forest, or occupies or uses a recreation ground, the person must not use or dispose of any soap, detergent or other cleansing agents within 50 metres of any bog, dam, spring or bore unless the person does so in toilets, showers or other facilities provided in the State forest for that purpose.
Penalty: 5 penalty units.
Note to
reg. 22(1) revoked by S.R. No. 108/2021
reg. 9(2).
(2) If a person camps in a State forest, or occupies or uses a recreation ground, the person must not leave behind or deposit faeces unless—
(a) if the person is in an area in which toilet facilities are provided and readily available, the person does so in those facilities; or
Reg. 22(2)(b) amended by S.R. No. 108/2021
reg. 9(1).
(b) if the person is not in an area in which toilet facilities are provided and readily available, the person does so by burying those faeces to a depth of 20 centimetres and 100 metres or more away from any bog, dam, spring or bore.
Penalty: 10 penalty units.
Note to
reg. 22(2) revoked by S.R. No. 108/2021
reg. 9(3).
Reg. 22(3) amended by S.R. No. 108/2021
reg. 9(4).
(3) If a person camps in a State forest or occupies or uses a recreation ground and the person has transported portable toilet facilities, the person must ensure that the portable toilet facilities are situated more than 50 metres from any bog, dam, spring or bore.
Penalty: 10 penalty units.
Note to
reg. 22(3) revoked by S.R. No. 108/2021
reg. 9(5).
(4) If a person camps in a State forest or occupies or uses a recreation ground and the person has transported portable toilet facilities, the person must ensure the portable toilet facilities and their contents are removed from the State forest.
Penalty: 10 penalty units.
(5) If a person camps in a State forest or occupies or uses a recreation ground the person must maintain the area where the person camps or the recreation ground (as the case requires) free of litter.
Penalty: 5 penalty units.
(6) If a person camps in a State forest or occupies or uses a recreation ground the person must remove all litter and personal property transported by the person into the State forest from that area where the person camps or the recreation ground (as the case requires) before leaving it.
Penalty: 5 penalty units.
23 Nuisance or dangerous behaviour
(1) If a person camps in a State forest or occupies or uses a recreation ground the person must not behave in a manner that causes nuisance to any person.
Penalty: 10 penalty units.
(2) If a person camps in a State forest or occupies or uses a recreation ground the person must not behave in a manner that is likely to cause danger or injury to any person.
Penalty: 10 penalty units.
(3) If a person occupies or uses a recreation ground the person must not move, displace or interfere with any thing constructed, erected or provided by, or on behalf of, the managing body.
Penalty: 10 penalty units.
Part 4—Forest reserves, forest parks and the Yarra Tributaries Forest Reserve
Division 1—Temporary closures and set aside determinations for forest reserves, forest parks and Yarra Tributaries Forest Reserve
24 Temporary closure to entry
(1) The managing body may determine to close the whole of, or part of, a forest reserve, forest park or the Yarra Tributaries Forest Reserve to the public temporarily, if the managing body reasonably believes it is necessary—
(a) because of—
(i) a flood, fire or other natural disaster; or
(ii) a threat of a flood, fire or other natural disaster; or
(iii) any other emergency; or
(b) in the interests of public safety within the forest reserve, forest park or the Yarra Tributaries Forest Reserve.
(2) A determination under subregulation (1) must be published—
(a) in the Government Gazette; and
(b) on the internet site of the managing body.
(3) If the managing body makes a determination under subregulation (1), the managing body must cause signs or notices informing the public of the determination and the conditions they must comply with to be displayed.
(4) A person must not enter a forest reserve, forest park or the Yarra Tributaries Forest Reserve or any part of a forest reserve, forest park or the Yarra Tributaries Forest Reserve to which a determination under subregulation (1) applies.
Penalty: 10 penalty units.
(5) If the circumstances that led to the determination being made under subregulation (1) no longer apply, the managing body must, as soon as practicable, revoke the determination and reopen the forest reserve, forest park or the Yarra Tributaries Forest Reserve or the part of the forest reserve, forest park or the Yarra Tributaries Forest Reserve to entry by the public.
(6) The managing body must, as soon as practicable, after a determination has been revoked under subregulation (5)—
(a) publish notice of the revocation on the internet site of the managing body; and
(b) cause the signs and notices referred to in subregulation (3) to be removed.
25 Determinations setting areas aside
(1) A set aside determination must be in writing.
(2) A set aside determination may specify—
(a) that it applies to the whole or a specified area of a forest reserve, forest park or the Yarra Tributaries Forest Reserve; and
(b) that it applies for specified days, times or periods; and
(c) that it applies to a class of person, vehicle, vessel or aircraft; and
(d) any conditions subject to which the activity specified in the set aside determination must or must not be carried out.
(3) If the managing body makes a set aside determination, the managing body must cause signs or notices, informing the public of the determination and the conditions they must comply with, to be displayed.
(4) In these Regulations, set aside determination means a determination made under any of the following regulations—
(a) regulation 28(1);
(b) regulation 31(1);
(c) regulation 33(1);
(d) regulation 35(1);
(e) regulation 37(1);
(f) regulation 38(1);
(g) regulation 44(1);
(h) regulation 45(1);
(i) regulation 46(1);
(j) regulation 47(4);
(k) regulation 48(1);
(l) regulation 52(1);
(m) regulation 56(1);
(n) regulation 57(1);
(o) regulation 58(1);
(p) regulation 59(1);
(q) regulation 60(1);
(r) regulation 63(1);
(s) regulation 66(1);
(t) regulation 67(1).
26 Signs
(1) A sign or notice required under these Regulations must—
(a) be displayed in a place and manner that is reasonably likely to be seen by any person affected by a determination under these Regulations; and
Example
A sign placed at each entry to an area set aside.
(b) indicate the area of a forest reserve, forest park or the Yarra Tributaries Forest Reserve that is set aside by a determination under these Regulations; and
(c) if applicable, state the activities that are prohibited, restricted or permitted by the determination under these Regulations; and
(d) if applicable, state any conditions specified in the determination.
(2) If the managing body revokes or amends a determination made under these Regulations, the managing body must cause any sign or notice that has been displayed under these Regulations to be removed or amended to reflect the revocation or amendment of that determination.
Division 2—General use and control of forest reserves and forest parks
27 Hygiene
(1) A person must not leave behind or deposit faeces in an area of a forest reserve or forest park unless—
(a) if the person is in an area in which toilet facilities are provided and readily available, the person does so in those facilities; or
(b) if the person is not in an area in which toilet facilities are provided and readily available, the person does so by burying those faeces to a depth of 20 centimetres and 100 metres or more away from any bog, dam, spring, bore or waterway.
Penalty: 10 penalty units.
Note
The Interpretation of Legislation Act 1984 provides that waterway means a waterway as defined in section 3(1) of the Water Act 1989.
Reg. 27(2) amended by S.R. No. 108/2021 reg. 10.
(2) If a person has transported portable toilet facilities into a forest reserve or forest park that person must ensure the portable toilet facilities are situated more than 50 metres from any bog, dam, spring, bore or waterway.
Penalty: 10 penalty units.
Note
The Interpretation of Legislation Act 1984 provides that waterway means a waterway as defined in section 3(1) of the Water Act 1989.
(3) If a person has transported portable toilet facilities into a forest reserve or forest park that person must ensure the portable toilet facilities and their contents are removed from the forest reserve or forest park.
Penalty: 10 penalty units.
(4) A person must not use or dispose of any soap, detergent or other cleansing agent within 50 metres of any bog, dam, spring, bore or waterway in a forest reserve or forest park unless the person does so in toilets, showers or other facilities provided in the forest reserve or forest park for that purpose.
Penalty: 10 penalty units.
Note
The Interpretation of Legislation Act 1984 provides that waterway means a waterway as defined in section 3(1) of the Water Act 1989.
(5) If a person occupies or uses an area of a forest reserve or forest park the person must remove all litter and personal property of the person from the area before leaving it.
Penalty: 5 penalty units.
28 Protection of Aboriginal cultural heritage
Reg. 28(1) amended by S.R. No. 108/2021 reg. 11.
(1) The managing body by determination may set aside an area of a forest reserve or forest park as an area for the protection of Aboriginal cultural heritage or suspected Aboriginal cultural heritage.
(2) A person must not enter or use an area set aside under subregulation (1) unless that person does so in accordance with the determination.
Penalty: 20 penalty units.
29 Animals
(1) A person must not bring any animal that is not a dog or a pack animal into a forest reserve or forest park.
Penalty: 10 penalty units.
(2) A person must not allow any animal that is not a dog or a pack animal to remain in a forest reserve or forest park.
Penalty: 10 penalty units.
(3) Subregulations (1) and (2) do not apply if the animal—
(a) is that person's assistance animal; or
(b) is confined in a vehicle or vessel that is in transit through the forest reserve or forest park.
(4) The owner or any other person in charge of an animal that is not a dog or a pack animal must ensure that the animal is under the immediate control of that person at all times in a forest reserve or forest park.
Penalty: 10 penalty units.
30 Feeding fauna and other animals
(1) A person must not feed any fauna or other animal in a forest reserve or forest park.
Penalty: 20 penalty units.
(2) A person must not, within a forest reserve or forest park—
(a) offer food or offer any object as food to any fauna or other animal; or
(b) permit or allow food to be taken from the possession of the person by any fauna or other animal.
Penalty: 20 penalty units.
(3) Subregulations (1) and (2) do not apply to a person who brought the animal into a forest reserve or forest park in accordance with regulation 29.
31 Protection of fauna and other animals
(1) The managing body by determination may set aside an area of a forest reserve or forest park as an area for the protection of fauna or any other animal.
(2) A person must not enter or use an area set aside under subregulation (1) unless that person does so in accordance with the determination.
Penalty: 10 penalty units.
32 Introduction of vegetation
(1) A person must not knowingly bring, plant or introduce any seed, tree, shrub, fern, plant, algae or other vegetation, or any part of any tree, shrub, fern, plant, algae or other vegetation, in a forest reserve or forest park.
Penalty: 20 penalty units.
(2) Subregulation (1) does not apply—
(a) to a person acting in accordance with a permit issued by the managing body that authorises that person to engage in an activity otherwise prohibited by subregulation (1); or
(b) to a person acting in accordance with any permit or licence required by the Wildlife Act1975, Flora and Fauna Guarantee Act 1988, Fisheries Act 1995 or the Firearms Act 1996 or any regulations made under those Acts; or
Reg. 32(2)(ba) inserted by S.R. No. 108/2021 reg. 12.
(ba) to a person who is exempt from the requirement to hold a recreational fishery licence under section 44 of the Fisheries Act 1995 and takes fish in accordance with that Act or any regulations made under that Act; or
(c) in the case of a forest reserve, to a person undertaking timber harvesting operations within that reserve in accordance with section 45 of the Sustainable Forests (Timber) Act 2004.
33 Protection of vegetation
(1) The managing body by determination may set aside an area of a forest reserve or forest park as an area for the protection, planting or re-establishment of trees or vegetation, including along roads or tracks specified in the determination.
(2) A person must not enter an area set aside under subregulation (1).
Penalty: 5 penalty units.
34 Soil, rock or stone
(1) A person must not excavate, dig or remove any soil, rock or stone in a forest reserve or forest park unless that person is acting in accordance with—
(a) a miner's right or a tourist fossicking authority; or
(b) regulation 27(1)(b).
Penalty: 10 penalty units.
(2) A person must not intentionally bring any soil, rock or stone into a forest reserve or forest park.
Penalty: 10 penalty units.
(3) A person must not intentionally disturb, damage, interfere with or destroy rocks in a forest reserve or forest park.
Penalty: 20 penalty units.
Division 3—Activities in forest reserves and forest parks
35 Possessing or consuming liquor
(1) The managing body by determination may set aside an area of a forest reserve or forest park as an area where the possession or consumption of liquor is prohibited.
(2) A person must not possess or consume liquor in an area set aside under subregulation (1).
Penalty: 5 penalty units.
36 Nuisance or dangerous behaviour
(1) A person must not behave in a manner that causes nuisance to any person in a forest reserve or forest park.
Penalty: 10 penalty units.
(2) A person must not behave in a manner likely to be dangerous to public health or likely to cause danger or injury to any person in a forest reserve or forest park.
Penalty: 10 penalty units.
(3) A person must not move, displace or interfere with any thing constructed, erected or provided by, or on behalf of, the managing body in a forest reserve or forest park.
Penalty: 10 penalty units.
37 Swimming
(1) The managing body by determination may set aside an area of a forest reserve or forest park as an area where swimming is prohibited.
(2) A person must not swim in an area of a forest reserve or forest park set aside under subregulation (1) as an area where swimming is prohibited.
Penalty: 10 penalty units.
38 Rock climbing and similar activities
(1) The managing body by determination may set aside an area of a forest reserve or forest park as an area where rock climbing, abseiling, hang gliding, paragliding or any other similar activity specified in the determination is permitted.
(2) A determination under subregulation (1) may specify the times or periods during which the area—
(a) may be used for the purposes for which it has been set aside under subregulation (1); and
(b) must not be used for the purposes for which it has been set aside under subregulation (1).
(3) A person must not rock climb, abseil, hang glide, paraglide or carry out any other similar activities specified in a determination in a forest reserve or forest park unless that person does so—
(a) in an area set aside under subregulation (1) in accordance with the determination; or
(b) in accordance with a permit.
Penalty: 10 penalty units.
(4) For the purposes of subregulation (3), the managing body may issue a permit to a person to rock climb, abseil, hang glide, paraglide or carry out any other similar activities specified in the permit.
Division 4—Activities requiring a permit in forest reserves and forest parks
39 Commercial activity
(1) A person must not conduct any commercial activity in a forest reserve or forest park without a permit or tour operator licence.
Penalty: 20 penalty units.
(2) For the purposes of subregulation (1), the managing body may issue a permit to a person to conduct a commercial activity in a forest reserve or forest park.
(3) In this regulation—
commercial activity means any activity conducted for profit including the following—
(a) an event or function;
(b) offering for sale or hire any thing or service;
(c) filming or taking photographs;
(d) delivering any address or using any amplifier, public address system, loud hailer or similar device;
(e) distributing or displaying any handbills, pamphlets, books, paper or advertising matter or putting up or leaving any placards or notices;
event or function includes the following—
(a) a show or other similar entertainment;
(b) a festival, rave party, fete or public meeting;
(c) a demonstration, training class or similar event;
(d) a rally, fishing competition or other competitive event;
(e) a wedding or other ceremony.
40 Erecting signs
(1) A person must not erect, construct or place any sign or similar structure in a forest reserve or forest park without a permit.
Penalty: 10 penalty units.
(2) For the purposes of subregulation (1), the managing body may issue a permit to a person to erect, construct or place any sign or similar structure in a forest reserve or forest park.
(3) A person must not leave or place any mark or object in a forest reserve or forest park without a permit.
Penalty: 10 penalty units.
(4) For the purposes of subregulation (3), the managing body may issue a permit to a person to leave or place any mark or object in a forest reserve or forest park.
(5) In this regulation—
mark includes paint, chalk or any other material that may be applied to a surface.
Division 5—Powers of authorised officers
41 Authorised officer may request person to leave
(1) If an authorised officer is satisfied on reasonable grounds that a person in a forest reserve, forest park or the Yarra Tributaries Forest Reserve is undertaking any activity without a permit issued by the managing body under these Regulations, the authorised officer may direct the person to cease doing the activity.
(2) If an authorised officer is satisfied on reasonable grounds that a person in a forest reserve, forest park or the Yarra Tributaries Forest Reserve is acting in contravention of a determination of the managing body under these Regulations, the authorised officer may direct the person to cease doing the activity.
(3) If an authorised officer is satisfied on reasonable grounds that a person has contravened these Regulations, the authorised officer may direct the person to leave a forest reserve, forest park or the Yarra Tributaries Forest Reserve or part of the forest reserve, forest park or the Yarra Tributaries Forest Reserve.
(4) A person must comply with a direction of an authorised officer under subregulation (1), (2) or (3).
Penalty: 20 penalty units.
42 Powers of authorised officers in relation to vehicles
(1) An authorised officer may give directions to a person in charge of a vehicle as to the movement, direction, speed, stopping or parking of the vehicle in a forest reserve, forest park or the Yarra Tributaries Forest Reserve.
(2) An authorised officer must not give a direction under subregulation (1) unless the authorised officer is satisfied, on reasonable grounds—
(a) that it is in the interests of safety to give the direction; or
(b) that it is necessary for the management, protection or control of the forest reserve, forest park or the Yarra Tributaries Forest Reserve.
(3) An authorised officer must not give a direction under subregulation (1) that is inconsistent with a determination under these Regulations of the managing body in relation to the forest reserve, forest park or the Yarra Tributaries Forest Reserve.
(4) A person driving or in charge of a vehicle in a forest reserve, forest park or the Yarra Tributaries Forest Reserve must comply with any direction of an authorised officer under subregulation (1).
Penalty: 20 penalty units.
Part 5—Particular provisions for forest reserves
Division 1—General use and control of forest reserves
43 Committee authority
(1) A committee that has been appointed to manage a forest reserve must care for, protect and manage that reserve and may employ persons for that purpose.
(2) A committee must expend any fees it receives under regulation 53 or 54 on
(a) the payment of remuneration or fees to persons employed by the committee; and
(b) the care, protection and management of the forest reserve.
(3) If these Regulations confer or impose a power, function or duty on a committee, the committee must consider the care, protection and management of the forest reserve in the exercise of that power, function or duty.
(4) This regulation does not apply to the Thomson River Forest Reserve or the Tarago Forest Reserve.
44 Vehicles
(1) The managing body by determination may set aside any area in a forest reserve as an area in which a person may drive or park a vehicle.
(2) A determination under subregulation (1) may specify—
(a) the times or periods during which a person may drive or park a vehicle; and
(b) the direction of travel of a vehicle; and
(c) the maximum speed of a vehicle.
(3) A determination under subregulation (1) may be of general application or may apply to a specified class of vehicle.
(4) A person must not drive or park a vehicle in an area of a forest reserve not set aside under subregulation (1).
Penalty: 10 penalty units.
(5) A person must not drive a vehicle in an area set aside under subregulation (1) unless that person does so in accordance with the determination.
Penalty: 10 penalty units.
(6) A person must not park a vehicle in an area set aside under subregulation (1) unless that person does so in accordance with the determination.
Penalty: 10 penalty units.
(7) An offence against subregulation (4), (5) or (6) is an operator onus offence for the purposes of Part 6AA of the Road Safety Act 1986.
45 Camping
(1) The managing body by determination may set aside an area of a forest reserve as an area where camping is permitted.
(2) The managing body may issue a permit to a person to camp in an area of a forest reserve not set aside under subregulation (1).
(3) A person must not camp in a forest reserve unless that person—
(a) camps in an area set aside under subregulation (1) in accordance with the determination; or
(b) camps in accordance with a permit issued under subregulation (2).
Penalty: 10 penalty units.
46 Lighting, kindling or maintaining fires
(1) The managing body by determination may set aside an area of a forest reserve as an area where a fire, or a fire of a specified type, may be lit, kindled or maintained.
(2) A determination under subregulation (1) may specify the times or periods during which the area set aside under subregulation (1)—
(a) may be used for the lighting, kindling or maintaining of fires, or the lighting, kindling or maintaining of fires of a specified type; and
(b) must not be used for the lighting, kindling or maintaining of fires, or the lighting, kindling or maintaining of fires of a specified type.
(3) A person must not light, kindle or maintain a fire in a forest reserve unless—
(a) that person does so in an area set aside under subregulation (1) in accordance with the determination; and
(b) the fire is—
(i) lit, kindled or maintained in a fixed fireplace; or
(ii) in a campfire or barbecue that uses solid fuel, liquid fuel, gaseous fuel or chemical solid fuel.
Penalty: 20 penalty units.
47 Dogs
(1) Subject to subregulation (4), a person must not bring a dog into a forest reserve unless—
(a) the dog is—
(i) on a leash, chain or cord which is suitable to restrain the dog; or
(ii) under the immediate control of that person at all times; and
(b) the dog is restrained from causing a disturbance to persons, or damage to or interference with, property, animals or natural objects.
Penalty: 10 penalty units.
(2) A person who brings a dog into a forest reserve must ensure that the dog is under the immediate control of that person at all times.
Penalty: 10 penalty units.
(3) A person who brings a dog into a forest reserve must pick up and remove from the forest reserve any faeces deposited by the dog.
Penalty: 10 penalty units.
(4) The managing body by determination may set aside a forest reserve, or an area of a forest reserve, where dogs are prohibited.
(5) A person must not bring a dog into a forest reserve, or part of a forest reserve, set aside under subregulation (4).
Penalty: 10 penalty units.
(6) Subregulations (1) and (2) do not apply to a person who brings a registered hound into a forest reserve (other than Murrindindi Scenic Reserve, Sylvia Falls Scenic Reserve, Steavenson Falls Scenic Reserve or the You Yangs Regional Park) in accordance with any permit or licence required by the Wildlife Act 1975 and any regulations made under the Wildlife Act 1975.
(7) In this regulation—
dog does not include an assistance dog.
48 Riding, driving, leading or bathing pack animals in a forest reserve
(1) The managing body by determination may set aside an area of a forest reserve where the riding, driving, leading or bathing of pack animals is permitted.
(2) A determination under subregulation (1) may specify the times or periods during which the area may be used for riding, driving, leading or bathing of pack animals.
(3) A person must not ride, drive, lead or bathe a pack animal in a forest reserve other than in an area set aside under subregulation (1) in accordance with the determination.
Penalty: 10 penalty units.
(4) A person must not ride, drive, lead or bathe a pack animal in a forest reserve in a manner that endangers any person or animal in a forest reserve.
Penalty: 10 penalty units.
(5) A person in charge of a pack animal must ensure that the pack animal is under the immediate control of that person at all times in a forest reserve.
Penalty: 10 penalty units.
(6) A person must not ride, drive or lead a pack animal within 20 metres of any bog, dam, spring, bore or waterway in a forest reserve (other than Brataualung Forest Park, Delatite Arm Reserve, Gunyah Rainforest Reserve, Murrindindi Scenic Reserve, Steavenson Falls Scenic Reserve, Sylvia Falls Scenic Reserve or the You Yangs Regional Park) unless for the purpose of allowing the pack animal to drink.
Penalty: 10 penalty units.
Note
The Interpretation of Legislation Act 1984 provides that waterway means a waterway as defined in section 3(1) of the Water Act 1989.
(7) In this regulation—
pack animal does not include an assistance animal.
49 Protection of fauna and other animals
Subject to regulation 51, a person must not disturb, harass, remove, hunt, capture, take, kill or injure or otherwise destroy or interfere with any fauna or other animal in a forest reserve unless that person—
(a) does so in accordance with any permit or licence required by the Wildlife Act1975, Flora and Fauna Guarantee Act 1988, Fisheries Act 1995 or the Firearms Act 1996 or any regulations made under those Acts; or
Reg. 49(ab) inserted by S.R. No. 108/2021
reg. 13.
(ab) is exempt from the requirement to hold a recreational fishery licence under section 44 of the Fisheries Act 1995 and takes fish in accordance with that Act or any regulations made under that Act; or
(b) is undertaking timber harvesting operations within that reserve in accordance with section 45 of the Sustainable Forests (Timber) Act 2004.
Penalty: 20 penalty units.
50 Protection of nests, etc.
(1) A person must not disturb, remove, take or otherwise destroy or interfere with the nest, bower, display mound, lair or burrow of any fauna or other animal in a forest reserve unless that person—
(a) does so in accordance with a permit issued under these Regulations that permits the person to engage in the conduct otherwise prohibited by this regulation; or
(b) does so in accordance with any permit or licence required by the Wildlife Act1975, Flora and Fauna Guarantee Act 1988, Fisheries Act 1995 or the Firearms Act 1996 or any regulations made under those Acts; or
Reg. 50(1)(ba) inserted by S.R. No. 108/2021
reg. 14.
(ba) is exempt from the requirement to hold a recreational fishery licence under section 44 of the Fisheries Act 1995 and takes fish in accordance with that Act or any regulations made under that Act; or
(c) is undertaking timber harvesting operations within that reserve in accordance with section 45 of the Sustainable Forests (Timber) Act 2004.
Penalty: 20 penalty units.
(2) For the purposes of subregulation (1)(a), the managing body may issue a permit to a person to engage in conduct otherwise prohibited by subregulation (1).
51 Traps, poisons and firearms
(1) A person must not within a forest reserve do any of the following—
(a) shoot, trap, catch or otherwise destroy or interfere with any animal;
(b) possess, carry or use any trap, snare, net or bow;
(c) possess, carry or use any poison;
(d) possess or carry a firearm.
Penalty: 20 penalty units.
Note
Under section 130 of the Firearms Act 1996 it is an offence to possess or carry a loaded firearm or use a firearm in a public place. A person who contravenes this section is liable to a term of imprisonment of up to 10 years.
(2) Subregulation (1)(d) does not apply to a person who possesses or carries a firearm in the Delatite Arm Reserve.
(3) Subregulation (1) does not apply to a person hunting or taking deer in the Thomson River Forest Reserve or the Tarago Forest Reserve if that person does so in accordance with a licence or authorisation under the Wildlife Act 1975 and in accordance with any regulations made under that Act.
52 Fishing or yabbying
(1) The managing body by determination may set aside an area of a forest reserve as an area where fishing or yabbying is permitted.
Reg. 52(2) substituted by S.R. No. 108/2021
reg. 15.
(2) A person must not fish or yabby in a forest reserve unless that person does so in an area set aside under subregulation (1) in accordance with the determination and—
(a) that person does so in accordance with any permit or licence required by the Flora and Fauna Guarantee Act 1988 or the Fisheries Act 1995 or any regulations made under those Acts; or
(b) that person is exempt from the requirement to hold a recreational fishery licence under section 44 of the Fisheries Act 1995 and takes fish in accordance with that Act or any regulations made under that Act.
Penalty: 10 penalty units.
Division 2—Fees
53 Parking fees—Steavenson Falls Scenic Reserve
(1) The fee that is payable for a person to park a motorcycle in an area of the Steavenson Falls Scenic Reserve set aside for parking under regulation 44(1) is $2.50 for each day that motorcycle remains parked in that area.
(2) The fee that is payable for a person to park a car capable of seating not more than 9 persons in an area of the Steavenson Falls Scenic Reserve set aside for parking under regulation 44(1) is $3.00 for each day that car remains parked in that area.
(3) The fee that is payable for a person to park a small bus in an area of the Steavenson Falls Scenic Reserve set aside for parking under regulation 44(1) is $7.00 for each day that small bus remains parked in that area.
(4) The fee that is payable for a person to park a large bus in an area of the Steavenson Falls Scenic Reserve set aside for parking under regulation 44(1) is $14.00 for each day that large bus remains parked in that area.
(5) If a person parks a vehicle in Steavenson Falls Scenic Reserve, that person must pay the fee specified in subregulation (1), (2), (3) or (4) to the managing body.
Penalty: 10 penalty units.
(6) If a person pays a fee to park a vehicle in the Steavenson Falls Scenic Reserve, that person must take reasonable steps to ensure that a receipt for the payment of that fee is affixed to the windscreen, side window or other prominent place on the vehicle at all times while the vehicle is in the Steavenson Falls Scenic Reserve.
Penalty: 5 penalty units.
(7) An offence against subregulation (5) or (6) is an operator onus offence for the purposes of Part 6AA of the Road Safety Act 1986.
54 Camping fees—Murrindindi Scenic Reserve
(1) The fee that is payable by a person who enters the Murrindindi Scenic Reserve by motorcycle to camp in an area set aside for camping in the reserve under regulation 45(1) is $2.50.
(2) The fee that is payable by a person who enters the Murrindindi Scenic Reserve by car to camp in an area set aside for camping in the reserve under regulation 45(1) is $7.00.
(3) The fee that is payable by a person who enters the Murrindindi Scenic Reserve by small bus to camp in an area set aside for camping in the reserve under regulation 45(1) is $20.00.
(4) The fee that is payable by a person who enters the Murrindindi Scenic Reserve by large bus to camp in an area set aside for camping in the reserve under regulation 45(1) is $35.00.
(5) If a person enters Murrindindi Scenic Reserve by a vehicle, that person must pay the fee specified in subregulation (1), (2), (3) or (4) to the managing body.
Penalty: 10 penalty units.
(6) If a person pays a fee specified in subregulation (1), (2), (3) or (4), that person must take reasonable steps to ensure that a receipt for the payment of that fee is affixed to the windscreen, side window or other prominent place on the vehicle at all times while the vehicle is in the Murrindindi Scenic Reserve.
Penalty: 5 penalty units.
(7) An offence against subregulation (5) or (6) is an operator onus offence for the purposes of Part 6AA of the Road Safety Act 1986.
55 Managing body must display notices of fees
The managing body of a forest reserve to which regulation 53 or 54 applies must cause details of the fee payable under the regulation to be displayed within, or at the entrance to, the forest reserve in such a place and manner that the details are reasonably likely to be seen by persons required to pay the fee.
Part 6—Particular provisions for forest parks
56 Vehicles
(1) The managing body by determination may set aside an area in a forest park as an area where a person—
(a) must not drive or park a vehicle; or
(b) may drive a vehicle subject to using or operating that vehicle—
(i) in a specified direction; or
(ii) at a maximum speed; or
(c) may park a vehicle.
(2) A determination under subregulation (1) may specify the times or periods during which a person is or is not permitted to drive or park a vehicle.
(3) A determination under subregulation (1) may be of general application or may apply to a specified class of vehicle.
(4) A person must not drive a vehicle in an area set aside under subregulation (1) unless that person does so in accordance with the determination.
Penalty: 10 penalty units.
(5) A person must not park a vehicle in an area set aside under subregulation (1) unless that person does so in accordance with the determination.
Penalty: 10 penalty units.
(6) An offence against subregulation (4) or (5) is an operator onus offence for the purposes of Part 6AA of the Road Safety Act 1986.
57 Camping
(1) The managing body by determination may set aside an area of a forest park as an area where camping is prohibited.
(2) A person must not camp in an area of a forest park set aside under subregulation (1) as an area where camping is prohibited.
Penalty: 10 penalty units.
58 Lighting, kindling or maintaining fires
(1) The managing body by determination may set aside an area of a forest park as an area where the lighting, kindling or maintaining of fires, or of fires of a specified type, is restricted.
(2) A person must not light, kindle or maintain a fire, or a fire of a specified type, in an area of a forest park set aside under subregulation (1) unless that person does so in accordance with the determination.
Penalty: 20 penalty units.
59 Dogs
(1) The managing body by determination may set aside an area of a forest park as an area where dogs are permitted if—
(a) the dog is—
(i) on a leash, chain or cord which is suitable to restrain the dog; or
(ii) under the immediate control of a person at all times; and
(b) the dog is restrained from causing a disturbance to persons, or damage to or interference with, property, animals or natural objects.
(2) A person must not bring a dog into a forest park, or allow a dog under the person's control to remain in a forest park, other than in an area set aside under subregulation (1).
Penalty: 10 penalty units.
(3) If a person brings a dog into a forest park, or allows a dog under the person's control to remain in a forest park, that person must pick up and remove from the forest park any faeces deposited by the dog.
Penalty: 10 penalty units.
(4) In this regulation—
dog does not include an assistance dog.
60 Riding, driving, leading or bathing pack animals
(1) The managing body by determination may set aside an area of a forest park where the riding, driving, leading or bathing of pack animals is prohibited.
(2) A person must not ride, drive, lead or bathe pack animals in an area of a forest park set aside under subregulation (1) in contravention of the determination.
Penalty: 10 penalty units.
(3) A person must not ride, drive, lead or bathe a pack animal in a manner that endangers any person or animal in a forest park.
Penalty: 10 penalty units.
(4) A person in charge of a pack animal in a forest park must ensure that the pack animal is under the immediate control of that person at all times.
Penalty: 10 penalty units.
(5) In this regulation—
pack animal does not include an assistance animal.
Reg. 61 substituted by S.R. No. 108/2021
reg. 16.
61 Protection of fauna
Subject to regulation 63(1), a person must not disturb, harass, remove, hunt, capture, take, kill or injure or otherwise destroy or interfere with any fauna in a forest park unless that person—
(a) does so in accordance with any permit or licence required by the Wildlife Act 1975, Flora and Fauna Guarantee Act 1988, Fisheries Act 1995 or the Firearms Act 1996 or any regulations made under those Acts; or
(b) is exempt from the requirement to hold a recreational fishery licence under section 44 of the Fisheries Act 1995 and takes fish in accordance with that Act or any regulations made under that Act.
Penalty: 20 penalty units.
62 Protection of nests, etc.
A person must not disturb, harass, remove, take, injure or otherwise destroy or interfere with the nest, bower, display mound, lair or burrow of any fauna in a forest park unless that person—
(a) does so in accordance with a permit issued under these Regulations that permits the person to engage in the conduct otherwise prohibited by this regulation; or
Reg. 62(b) amended by S.R. No. 108/2021
reg. 17(1).
(b) does so in accordance with any permit or licence required by the Wildlife Act1975, Flora and Fauna Guarantee Act 1988, Fisheries Act 1995 or the Firearms Act 1996 or any regulations made under those Acts; or
Reg. 62(c) inserted by S.R. No. 108/2021
reg. 17(2).
(c) is exempt from the requirement to hold a recreational fishery licence under section 44 of the Fisheries Act 1995 and takes fish in accordance with that Act or any regulations made under that Act.
Penalty: 20 penalty units.
63 Traps, poisons and firearms
(1) The managing body by determination may set aside an area in a forest park where any of the following activities are prohibited—
(a) shooting, trapping, catching or otherwise destroying or interfering with any animal;
(b) using any poison, trap, snare, net or bow;
(c) using any firearm.
(2) A person must not conduct any activity specified in subregulation (1) in an area of a forest park set aside under that subregulation where that activity is prohibited.
Penalty: 20 penalty units.
Part 7—Particular provisions for Yarra Tributaries Forest Reserve
64 Application of this Part to a member of traditional owner group
(1) If a traditional owner group entity has entered into a traditional owner group agreement, any of the regulations in this Part that provides for an offence to conduct or carry out an activity or do any thing that is an agreed activity (other than an offence constituted by an activity of a type specified in subregulation (2)) does not apply to a member of the traditional owner group who—
(a) is bound by the agreement; and
(b) 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 purpose of subregulation (1), the following activities are specified—
(a) swimming in any river, creek, water course or body of water;
(b) possessing, carrying or using a firearm;
(c) lighting, kindling or maintaining a fire;
(d) entering or carrying out any activity in any part of the Yarra Tributaries Forest Reserve that has been temporarily closed to the public under regulation 24.
65 Entry and access
(1) A person must not enter or carry out any activity in the Yarra Tributaries Forest Reserve.
Penalty: 20 penalty units.
(2) Subregulation (1) does not apply to—
(a) a person walking on the Oat Patch Track or Boundary Road or roads used to access Oat Patch Track or Boundary Road that are set aside in accordance with regulation 66; or
(b) a person driving or parking a vehicle or riding, driving or leading a pack animal within the Yarra Tributaries Forest Reserve in accordance with regulation 66 or 67(1); or
(c) a person undertaking timber harvesting operations within the Yarra Tributaries Forest Reserve in accordance with section 45 of the Sustainable Forests (Timber) Act 2004.
66 Vehicles
(1) The managing body by determination may set aside an area in the Yarra Tributaries Forest Reserve as an area where a person—
(a) must not drive or park a vehicle; or
(b) may drive a vehicle subject to driving that vehicle—
(i) in a specified direction; or
(ii) at a maximum speed; or
(c) may park a vehicle.
(2) A determination under subregulation (1) may specify the times or periods during which a person is or is not permitted to drive or park a vehicle.
(3) A determination under this regulation may be of general application or may apply to a specified class of vehicle.
(4) A person must not drive or park a vehicle in the Yarra Tributaries Forest Reserve unless that person drives or parks in an area set aside for that purpose under subregulation (1).
Penalty: 10 penalty units.
(5) A person must not drive a vehicle in the Yarra Tributaries Forest Reserve in an area set aside under subregulation (1) unless that person drives in accordance with the determination.
Penalty: 10 penalty units.
(6) A person must not park a vehicle in the Yarra Tributaries Forest Reserve in an area set aside under subregulation (1) unless that person parks in accordance with the determination.
Penalty: 10 penalty units.
(7) An offence against subregulation (4), (5) or (6) is an operator onus offence for the purposes of Part 6AA of the Road Safety Act 1986.
67 Riding, driving, leading or bathing pack animals
(1) The managing body by determination may set aside an area of the Yarra Tributaries Forest Reserve where the riding, driving, leading or bathing of pack animals is permitted.
(2) A determination under subregulation (1) may specify the times or periods during which the area may be used for the purposes for which it has been set aside under subregulation (1).
(3) A person must not ride, drive, lead or bathe a pack animal in the Yarra Tributaries Forest Reserve unless that person rides, drives, leads or bathes the pack animal in an area set aside under subregulation (1) in accordance with the determination.
Penalty: 10 penalty units.
(4) A person must not ride, drive, lead or bathe a pack animal in a manner that endangers any person or animal in the Yarra Tributaries Forest Reserve.
Penalty: 10 penalty units.
(5) A person in charge of a pack animal must ensure that the pack animal is under the immediate control of that person at all times in the Yarra Tributaries Forest Reserve.
Penalty: 10 penalty units.
(6) Subregulations (3) and (5) do not apply if the pack animal is the person's assistance animal.
(7) A person must not ride, drive or lead a pack animal within 20 metres of any bog, dam, spring, bore or waterway unless for the purpose of allowing the pack animal to drink in the Yarra Tributaries Forest Reserve.
Penalty: 10 penalty units.
Note
The Interpretation of Legislation Act 1984 provides that waterway means a waterway as defined in section 3(1) of the Water Act 1989.
Pt 8 (Heading) amended by S.R. No. 49/2023 reg. 3.
Part 8—Revocation
Reg. 68 amended by S.R. No. 108/2021
reg. 18, substituted by S.R. No. 49/2023 reg. 4.
68 Revocation
These Regulations are revoked on 30 June 2026.
Schedule 1—Forest reserves
Regulation 5
Column 1<br>Item
Column 2<br>Name
Column 3<br>Description
1
Brataualung Forest Park
All those portions of reserved forest set aside and declared to be a forest park under section 50(1) of the Act by Orders published on page 1030 of the Government Gazette dated 10 May 2018 and page 1411 of the Government Gazette dated 21 June 2018
2
Delatite Arm Reserve
All those portions of reserved forest set aside and declared to be the Delatite Arm Forest Reserve under section 50(1) of the Act by Order published on page 2818 in the Government Gazette on 29 October 2009
3
Gunyah Rainforest Reserve
All those portions of reserved forest set aside and declared to be the Gunyah Rain Forest Reserve under section 50(1) of the Act by Order published on page 2014 of the Government Gazette dated 29 July 1987
4
Murrindindi Scenic Reserve
Those areas and portions of reserved forest set aside and declared to be the Murrindindi Scenic Reserve under section 50(1) of the Act by Order published on page 276 of the Government Gazette dated 28 January 1981, as amended by Order published on page 1219 of the Government Gazette dated 14 May 2009
5
Steavenson Falls Scenic Reserve
All those portions of reserved forest set aside and declared to be the Steavenson Falls Scenic Reserve under section 50(1) of the Act by Order published on page 2470 of the Government Gazette dated 17 September 2009
6
Sylvia Falls Scenic Reserve
The area of reserved forest set aside and declared to be the Sylvia Falls Scenic Reserve under section 50(1) of the Act by Order published on page 4464 of the Government Gazette on 19 December 1984
7
Tarago Forest Reserve
All those portions of reserved forest set aside and declared to be the Tarago Forest Reserve under section 50(1) of the Act by Order published on page 2470 of the Government Gazette dated 17 September 2009
8
Thomson River Forest Reserve
Those areas and portions of reserved forest set aside and declared to be the Thomson River Forest Reserve under section 50(1) of the Act by Order published on page 234 in the Government Gazette on 1 February 1984, as amended by Order published on page 860 of the Government Gazette dated 21 March 1990, as amended by Order published on page 2471 of the Government Gazette dated 17 September 2009
9
You Yangs Regional Park
Those areas of reserved forest set aside and declared to be the You Yangs Regional Park under section 50(1) of the Act by Order published on page 2212 of the Government Gazette dated 12 August 1992
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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 (Recreation) (Temporary) Regulations 2021, S.R. No. 44/2021 were made on 18 May 2021 by the Governor in Council under sections 50(5), 99 and 99A of the Forests Act 1958, No. 6254/1958 and came into operation on 24 May 2021: regulation 3.
The Forests (Recreation) (Temporary) Regulations 2021 will be revoked on 30 June 2026: see regulation 68 (as amended by S.R. Nos 108/2021, 49/2023).
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 (Recreation) (Temporary) Regulations 2021 by statutory rules, subordinate instruments and Acts.
Reg. 5 def. of registered hound: S.R. No. 99/2012 as amended by
S.R. Nos 161/2012, 53/2014, 2/2018, 19/2018 and 148/2020.
——
Penalty Units
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. ↑