Version incorporating amendments as at
11 June 2025
Part 1—Preliminary
1 Objectives
The objectives of these Regulations are—
(a) to prescribe the fees payable in respect of tour operator licences granted in respect of Crown land in a reserved forest under the Forests Act 1958; and
(b) to provide for the reduction, waiver or refund of tour operator licence fees.
2 Authorising provisions
These Regulations are made under sections 99 and 100A of the Forests Act 1958.
3 Definitions
In these Regulations—
child means—
(a) a person under the age of 16; or
(b) a person of compulsory school age who is educated at a school;
competitively allocated licence means a tour operator licence granted to a person following a competitive licence application process;
compulsory school age has the same meaning as it has in the Education and Training Reform Act 2006;
Expression of Interest document means an invitation advertised to the public requesting persons interested in conducting organised tours or recreational activities for profit that are specified in the document to apply for a competitively allocated licence;
school has the same meaning as it has in the Education and Training Reform Act 2006;
standardlicence means a tour operator licence granted to a person following a standard licence application process;
the Act means the Forests Act 1958;
use fee means the fee payable by the holder of a tour operator licence calculated by the land manager based on the number of individuals who, each day, enter Crown land in a reserved forest as part of an organised tour or recreational activity for profit conducted by the holder of the tour operator licence;
use fee cap means the maximum use fee specified in regulation 7.
Part 2—Standard licence fees
4 Application for standard licence
For the purposes of section 57G of the Act, an applicant for a standard licence is not required to pay a fee under that section but is required to pay an annual licence fee under regulation 5 if granted that licence.
5 Annual licence fee for standard licence
(1) For the purposes of section 57H of the Act, the annual licence fee for a standard licence granted for one year comprises—
(a) a fee in accordance with subregulation (2); and
(b) a use fee in accordance with regulation 6.
(2) The holder of a standard licence granted for one year must pay a fee of 20·78 fee units on the granting of the licence.
(3) For the purposes of section 57H of the Act, the annual licence fee for a standard licence granted for more than one year comprises—
(a) the relevant fees in accordance with subregulation (4)(a) and (b); and
(b) a use fee in accordance with regulation 6.
(4) The holder of a standard licence granted for more than one year must pay a fee of 16·3 fee units—
(a) on the granting of the licence, in respect of the period commencing on the granting of the licence and ending on 30 June of the financial year in which the licence was granted; and
(b) by 30 June in respect of each subsequent financial year for which the licence is in force.
(5) The holder of a standard licence granted for more than one year may elect to pay the fee payable under subregulation (4)(b) in a lump sum on the granting of the licence.
6 Use fee for standard licence
(1) Subject to regulation 7, the use fee payable on a standard licence is comprised of the amount calculated by the land manager under subregulations (2) and (3).
(2) The use fee payable in respect of each person who is not a child is $2.40 for each day the person participates in an organised tour or recreational activity for which the holder of the standard licence holds the licence.
(3) The use fee payable in respect of each child is $1.60 for each day the child participates in an organised tour or recreational activity for which the holder of the standard licence holds the licence.
7 Use fee cap
If the use fees payable under regulation 6 by the holder of a standard licence at the end of each financial year exceed the use fee cap of 1018·74 fee units, the holder of the licence is not liable to pay any use fees in excess of that use fee cap.
8 Payment of use fee
(1) The holder of a standard licence may pay the use fees payable under the licence quarterly or annually.
(2) If the holder of a standard licence pays the use fees payable under the licence and that licence holder pays more than the use fee cap, at the end of the financial year the licence holder is entitled to a refund for any amount paid in excess of the use fee cap.
9 Use fee form
(1) The holder of a standard licence must maintain a record of the number of persons that participate in any organised tour or recreational activity for which the holder of the standard licence holds the licence.
(2) A record referred to in subregulation (1) must—
(a) be kept in respect of each day the organised tour or recreational activity is conducted; and
(b) be in Form 1 in Schedule 1; and
(c) be provided to the land manager on a quarterly or an annual basis.
Part 3—Competitively allocated licence fees
10 Application of Part
This Part applies if the land manager determines that it is necessary to limit the number of tour operator licences granted in respect of Crown land in a reserved forest for all or any of the following—
(a) environmental reasons;
(b) cultural reasons;
(c) to ensure public safety.
11 Application for competitively allocated licence
For the purposes of section 57G of the Act, an applicant for a competitively allocated licence is not required to pay a fee under that section but is required to pay an annual licence fee under regulation 12 if granted that licence.
12 Annual licence fees for competitively allocated licence
(1) For the purposes of section 57H of the Act, the annual licence fee for a competitively allocated licence comprises—
(a) the fee fixed by the land manager and set out in the relevant Expression of Interest document for that competitively allocated licence, having regard to any guidelines issued by the Minister; and
(b) a use fee calculated in accordance with regulation 13.
(2) The fee fixed by the land manager under subregulation (1)(a) must be a minimum of 20·78 fee units.
(3) The holder of a competitively allocated licence must pay the licence fee fixed under subregulation (1)(a)—
(a) on the granting of the licence in respect of the period commencing on the granting of the licence and ending on 30 June of the financial year in which the licence was granted, and by 30 June in respect of each subsequent financial year for which the licence is in force; or
(b) in a lump sum at the start of the licence period.
13 Use fee for competitively allocated licence
(1) The use fee payable on a competitively allocated licence is the amount calculated by the land manager as follows—
(a) $2.40 in respect of each person who is not a child for each day the person participates in an organised tour or recreational activity for which the holder of the competitively allocated licence holds the licence;
(b) $1.60 in respect of each child for each day the child participates in an organised tour or recreational activity for which the holder of the competitively allocated licence holds the licence.
(2) The holder of a competitively allocated licence may pay the use fee quarterly or annually.
14 Use fee form
(1) The holder of a competitively allocated licence must maintain a record of the number of persons who participate in any organised tour or recreational activity for which the holder of the competitively allocated licence holds the licence.
(2) A record referred to in subregulation (1) must—
(a) be kept in respect of each day the organised tour or recreational activity is conducted; and
(b) be in Form 1 in Schedule 1; and
(c) be provided to the land manager on a quarterly or an annual basis.
Part 4—Reduction, refund and waiver
15 Reduction, waiver or refund of licence fees
(1) The holder of a standard licence or the holder of a competitively allocated licence may apply to the land manager for a fee payable under these Regulations—
(a) to be waived in full or in part; or
(b) to be reduced; or
(c) to be refunded.
(2) An application under subregulation (1) must be in writing.
(3) Subject to regulation 16, the land manager may—
(a) waive, in full or in part, a fee payable under these Regulations; or
(b) reduce a fee payable under these Regulations; or
(c) refund a fee paid under these Regulations.
(4) The land manager must have regard to the following when making a decision under subregulation (3)—
(a) whether payment of the fee would cause, or has caused, undue financial hardship to the holder of a licence;
(b) whether payment of the fee by a holder of a licence would be manifestly unfair;
(c) the impact a natural or unnatural event has had on the ability of a holder of a licence to continue to conduct organised tours or recreational activities on Crown land in a reserved forest.
(5) A waiver, reduction or refund under subregulation (3) may be made—
(a) on the land manager's own motion; or
(b) on an application under subregulation (1).
16 Fees cannot be waived, reduced or refunded in certain circumstances
(1) The holder of a standard licence, or the holder of a competitively allocated licence, whose licence has been suspended under section 57L of the Act is not eligible to have—
(a) outstanding fees payable under these Regulations waived; or
(b) outstanding fees payable under these Regulations reduced; or
(c) any fees paid under these Regulations refunded.
(2) Subject to subregulation (3), a person whose licence has been cancelled under section 57N of the Act is not eligible to have—
(a) outstanding fees payable under these Regulations waived; or
(b) outstanding fees payable under these Regulations reduced; or
(c) in the case of a licence granted for one year—any fees paid under these Regulations refunded; or
(d) in the case of a licence granted for more than one year—any fees paid for any completed or commenced year of the licence refunded.
(3) If a person whose licence has been cancelled under section 57N of the Act held that licence for a period greater than one year before that cancellation, that person remains eligible for a refund on a pro-rata basis of fees for a non‑commenced year of the licence if that person paid the fees in advance.
17 Surrender of licence
The land manager may refund to a holder of a licence on a pro-rata basis for any non‑commenced year of the licence any fees paid in advance under these Regulations if the holder of the licence surrenders the licence.
Part 5—Expiry
Reg. 18 amended by S.R. Nos 42/2023 reg. 3, 42/2025 reg. 3.
18 Expiry
These Regulations expire on 30 June 2026.
Schedule 1
Form 1
Regulations 9 and 14
Tour Operator Trip Return
Licence No.:<br>Licence Holder:
Date
Location
Activity
No. of adults
x No. of days/ trips
A<br>x $XX = Total
Total
No. of students/ children
x No. of days/ trips
Total
B<br>x $XX = Total
A + B totals = Use fee total
Use fee amount:
$
I certify that the records above are a true and correct account of all tours conducted on public land for the period:<br>Please tick 🞏 1 July–30 September 🞏 1 January–31 March<br> 🞏 1 October–31 December 🞏 1 April–30 June
Address of land management agency:
═════════════
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 (Tour Operator Licence Fee) Regulations 2021, S.R. No. 65/2021 were made on 29 June 2021 by the Governor in Council under sections 99 and 100A of the Forests Act 1958, No. 6254/1958 and came into operation on 29 June 2021.
The Forests (Tour Operator Licence Fee) Regulations 2021 will expire on 30 June 2026: see regulation 18 (as amended by S.R. Nos 42/2023 and 42/2025).
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 (Tour Operator Licence Fee) Regulations 2021 by statutory rules, subordinate instruments and Acts.
These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004. The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.
The value of a fee unit for the financial year commencing 1 July 2024 is $16.33 and for the financial year commencing 1 July 2025 is $16.81. The amount of the calculated fee may be rounded to the nearest 10 cents.
The value of a fee 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 fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.