Sustainable Forests (Timber) Repeal Act 2024 (Victoria)

Mechanically, the Sustainable Forests (Timber) Repeal Act 2024 does four core things immediately and a number of consequential legal housekeeping tasks.

It repeals the Sustainable Forests (Timber) Act 2004 (s 4). The express purpose in s 1(a) is "to repeal the Sustainable Forests (Timber) Act 2004 so as to end commercial native forest timber harvesting under that Act."
It abolishes the State-owned body VicForests on commencement and removes its board (s 5). All property, rights and liabilities that were vested in VicForests immediately before commencement are vested in the Crown, liabilities become liabilities of the Crown, the Crown is substituted as party to any pending proceedings and as party to contracts or arrangements in force (s 6(a)-(e)).
It transfers property in timber previously vested in VicForests to the Crown (s 10(2)), and allocation orders and timber release plans that were in effect under the repealed Act cease to have effect on commencement (s 10(1); s 11).
It amends the Conservation, Forests and Lands Act 1987 by inserting a new Part 5A that centralises responsibility in the Minister to determine sustainability criteria and indicators (40A), requires publication of determinations (40B), requires the Secretary to report on indicators (40C), permits Minister-initiated audits of those reports (40D) and authorises the development of a Sustainability Charter (40E) (see s 16).

Operational and enforcement changes flow through the Forests Act 1958. The Bill inserts new statutory tools for authorised officers and the Secretary, including:

power to direct licence/permit holders on conduct of specified forest activities (57NA) and to issue suspension notices where the officer considers a direction has not been complied with and continuation would cause imminent environmental damage or serious risk to safety (57NB-57ND);

Version No. 001

Sustainable Forests (Timber) Repeal Act 2024

No. 24 of 2024

Version as at
1 July 2024

TABLE OF PROVISIONS

Section Page

Part 1—Preliminary 1

1 Purposes 1

2 Commencement 1

3 Definitions 2

Part 2—Repeal of Sustainable Forests (Timber) Act 2004 3

Division 1—Repeal 3

4 Sustainable Forests (Timber) Act 2004 3

Division 2—Abolition of VicForests and transfer of property, rights and liabilities to the Crown 3

5 Abolition of VicForests 3

6 Transfer of property, rights and liabilities of VicForests to the Crown 3

7 Transfer subject to encumbrances 4

8 Registrar of Titles to make recordings or amendments necessary for this Part 4

9 References to VicForests 4

Division 3—Property in timber resources vested in VicForests transferred to the Crown 5

10 Allocation order 5

11 Timber release plan 6

Division 4—Savings and transitional provisions 6

12 Minister may arrange audits 6

13 Enforceable undertakings 6

14 Production of documents 6

15 Regulations dealing with transitional matters 7

Part 3—Amendment of Conservation, Forests and Lands Act 1987 8

16 New Part 5A inserted 8

17 New section 125 inserted 10

18 Repeal of Part 11

Part 4—Amendment of Forests Act 1958 12

19 Definitions 12

20 Licences and permits with respect to forests 12

21 New sections 57NA to 57NH inserted 12

22 New sections 75A to 75N inserted 16

23 Requirement to give name and address 24

24 Power to seize items 24

25 Offence to cut etc. timber in a State forest 25

26 Offence to hinder or obstruct authorised officer 25

27 Offence to threaten or abuse authorised officer 25

28 Regulations 26

29 New section 109 inserted 26

30 Repeal of Part 27

Part 5—Consequential amendments 28

Division 1—Amendment of Climate Change Act 2017 28

31 Definitions 28

32 Division does not derogate from certain Acts 28

Division 2—Amendment of Conservation, Forests and Lands Act 1987 28

33 Definitions 28

34 Delegation of powers and functions 28

35 Compliance with Codes of Practice and comments 28

36 Requirements of specific Acts as to management to apply 29

37 Appointment of authorised officers 29

38 Hindering or obstructing forest operations 29

39 Schedule 1 29

Division 3—Amendment of Crown Land (Reserves) Act 1978 30

40 Protected forest—Kurth Kiln Regional Park 30

Division 4—Amendment of Forests Act 1958 30

41 Definitions 30

42 Business of the Secretary 30

43 Secretary and Parks Victoria to manage reserve land 30

44 Special powers of Secretary and Parks Victoria 31

45 Reserved forests 31

46 Licences and permits with respect to forests 31

47 No application to timber resources 31

48 Proclamation of protected forests 31

49 Protected trees in protected forests 31

50 Absolute prohibition of use of fire when acute fire danger exists 31

51 Placing inflammable material for the purpose of causing fire etc. 32

52 Duty to prevent spread of fire etc. 32

53 Definitions 32

54 Prohibition of cutting etc. timber etc. on certain roads without authority of the Secretary 32

55 Power to direct route for removal etc. of forest produce 33

56 Payment of dues and charges 33

57 Presumption as to ownership of forest produce 33

58 Search warrant for secreted forest produce 33

59 Offences 34

60 Offence to cut etc. timber in a State forest 34

61 Regulations 34

Division 5—Amendment of Owner Drivers and Forestry Contractors Act 2005 35

62 Membership 35

Division 6—Amendment of Traditional Owner Settlement Act 2010 35

63 Definitions 35

64 Definition of land use activity 35

65 Definition of decision maker 35

66 Requirements for publication of notice of proposed timber release plans 36

67 Obligations of decision maker to ascertain compliance 36

68 Definitions 36

Division 7—Repeal of Part 36

69 Repeal of Part 36

═════════════

Endnotes 37

1 General information 37

2 Table of Amendments 39

3 Explanatory details 40

Version No. 001

Sustainable Forests (Timber) Repeal Act 2024

No. 24 of 2024

Version as at
1 July 2024

The Parliament of Victoria enacts:

Part 1—Preliminary

1 Purposes

The purposes of this Act are—

(a) to repeal the Sustainable Forests (Timber) Act 2004 so as to end commercial native forest timber harvesting under that Act; and

(b) to abolish VicForests and provide for the transfer of property, rights and liabilities to the Crown; and

(c) to amend the Conservation, Forests and Lands Act 1987 and the Forests Act 1958 in relation to forest management; and

(d) to make consequential amendments to other Acts.

2 Commencement

(1) Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2) If a provision of this Act does not come into operation before 1 May 2025, it comes into operation on that day.

3 Definitions

In this Act—

commencement day means the day on which Part 2 comes into operation;

liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective;

property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;

rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective;

VicForests means the State body known as "VicForests" established under section 14 of the State Owned Enterprises Act 1992 by Order in Council dated 28 October 2003 published in the Government Gazette on 28 October 2003.

Part 2—Repeal of Sustainable Forests (Timber) Act 2004

Division 1—Repeal

4 Sustainable Forests (Timber) Act 2004

The Sustainable Forests (Timber) Act 2004 is repealed.

Division 2—Abolition of VicForests and transfer of property, rights and liabilities to the Crown

5 Abolition of VicForests

On the commencement day, VicForests is abolished and the members of its board go out of office.

6 Transfer of property, rights and liabilities of VicForests to the Crown

On the commencement day—

(a) all property and rights that, immediately before that day, were vested in VicForests are vested in the Crown; and

(b) any land for which VicForests was the registered proprietor under the Transfer of Land Act 1958 immediately before that day is taken to be unalienated land of the Crown freed and discharged from all encumbrances, limitations and restrictions and from any estate or interest in the land; and

(d) the Crown is substituted as a party to any proceeding pending in any court or tribunal to which VicForests was a party immediately before that day; and

(e) the Crown is substituted as a party to any arrangement or contract entered into by or on behalf of VicForests as a party and in force immediately before that day.

7 Transfer subject to encumbrances

If, under this Act, property, rights and liabilities of VicForests (other than land for which VicForests was the registered proprietor under the Transfer of Land Act 1958) become property, rights and liabilities of the Crown—

(a) the property and rights become property and rights of the Crown subject to any encumbrance to which they were subject immediately before the commencement day; and

(b) the rights to which VicForests was entitled in respect of those liabilities immediately before they ceased to be its liabilities become rights in respect of liabilities of the Crown.

8 Registrar of Titles to make recordings or amendments necessary for this Part

The Registrar of Titles must make any recordings in or amendments to the Register kept under the Transfer of Land Act 1958 that are necessary because of the operation of this Part.

9 References to VicForests

(1) A reference to VicForests in any Act (other than this Act), subordinate instrument or other document (by whatever name) prepared or made under or for the purposes of any Act (other than the Code) must be construed as a reference to the Crown—

(a) to the extent that the reference relates to any period on or after the commencement day; and

(b) if not inconsistent with the subject matter.

(2) A reference to VicForests, in its capacity as the managing authority for timber harvesting operations in State forests, in the Code must be construed as a reference to the Secretary within the meaning of the Conservation, Forests and Lands Act 1987—

(a) to the extent that the reference relates to any period on or after the commencement day; and

(b) if not inconsistent with the subject matter.

(3) In this section—

Code means the Code of Practice for the carrying out of timber production made under section 31 of the Conservation, Forests and Lands Act 1987 in force immediately before the commencement day and known as the "Code of Practice for Timber Production 2014".

Division 3—Property in timber resources vested in VicForests transferred to the Crown

10 Allocation order

(1) An order made under Part 3 of the Sustainable Forests (Timber) Act 2004 that is in effect immediately before the commencement day ceases to have effect on the commencement day.

(2) Property in the timber vested in VicForests under section 14(1) of the Sustainable Forests (Timber) Act 2004 immediately before the commencement day passes to the Crown on the commencement day.

Note

See also section 14 of the Interpretation of Legislation Act 1984.

11 Timber release plan

A plan prepared under section 37 of the Sustainable Forests (Timber) Act 2004 that is in effect immediately before the commencement day ceases to have effect on the commencement day.

Division 4—Savings and transitional provisions

12 Minister may arrange audits

Despite the repeal of the Sustainable Forests (Timber) Act 2004, that Act continues to apply to an audit under section 47 of that Act that had commenced but was not completed before the commencement day.

13 Enforceable undertakings

Despite the repeal of the Sustainable Forests (Timber) Act 2004, Part 8A of that Act continues to apply on and after the commencement day in respect of an enforceable undertaking under section 83A of that Act that is in effect immediately before the commencement day.

14 Production of documents

(1) Despite the repeal of the Sustainable Forests (Timber) Act 2004, Part 8B of that Act continues to apply on and after the commencement day in respect of a production notice under section 83D or a production order under section 83E of that Act that is in effect immediately before the commencement day.

(2) Despite the repeal of the Sustainable Forests (Timber) Act 2004, Part 8B of that Act continues to apply on and after the commencement day in respect of any document that is relevant to a requirement to comply with a provision of that Act where the requirement to comply arose before the commencement day.

15 Regulations dealing with transitional matters

(1) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of this Act (including the repeals and amendments made by this Act).

(2) Regulations made under this section may—

(a) have a retrospective effect to a day on or from the day on which this Act receives the Royal Assent; and

(b) be of limited or general application; and

(d) provide for the exemption of persons or things or classes of persons or things from any of the regulations made under this section.

(3) Regulations made under this section have effect despite anything to the contrary in any Act (other than this Act or the Charter of Human Rights and Responsibilities Act 2006) or in any subordinate instrument.

(4) This section is repealed on the second anniversary of the day on which it comes into operation.

Part 3—Amendment of Conservation, Forests and Lands Act 1987

16 New Part 5A inserted

After Part 5 of the Conservation, Forests and Lands Act 1987 insert—

"Part 5A—Sustainable forest management

40A Minister to determine sustainability criteria and indicators and reporting requirements

(1) The Minister must determine criteria and indicators for sustainable forest management.

(2) In determining criteria and indicators under subsection (1), the Minister may take into account any nationally or internationally agreed criteria and indicators for sustainable forest management.

(3) As part of a determination under subsection (1), the Minister must also determine—

(a) the reporting requirements relating to each indicator determined under subsection (1); and

(b) the frequency at which such reports are to be made, being a period not less than every 5 years.

40B Determination to be published

The Minister must—

(a) publish a copy of a determination under section 40A in the Government Gazette; and

(b) cause a notice that a determination has been made under section 40A to be published in a newspaper circulating generally within the State.

40C Secretary to report on indicators

The Secretary must report to the Minister on the status, performance or achievement of the indicators determined by the Minister under section 40A within the time determined under that section.

40D Minister may arrange audits

(1) If the Minister believes it is appropriate to do so, the Minister may ask an appropriately qualified person to audit information provided in the Secretary's report under section 40C.

(2) In carrying out an audit under subsection (1), a person may audit any information used by the Secretary to prepare the Secretary's report under section 40C.

40E Sustainability Charter

(1) The Minister may develop a Sustainability Charter.

(2) A Sustainability Charter must set out objectives for the sustainability of forests.

(3) The Minister must consult with the Minister administering the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 in developing a Sustainability Charter.".

17 New section 125 inserted

After section 124 of the Conservation, Forests and Lands Act 1987 insert—

"125 Savings and transitional provision—Repeal of Sustainable Forests (Timber) Act 2004

(1) In this section—

commencement day means the day on which Part 2 of the Sustainable Forests (Timber) Repeal Act 2024 comes into operation.

(2) On the commencement day, the determination under section 6 of the Sustainable Forests (Timber) Act 2004 published in the Government Gazette on 21 June 2007 is taken to be a determination under section 40A.

(3) For the purposes of subsection (2), as soon as practicable after the commencement day, the Minister must—

(a) publish in the Government Gazette—

(i) a copy of the determination; and

(ii) a notice that a determination is taken to have been made under section 40A; and

(b) publish in a newspaper circulating generally within the State, a notice that a determination is taken to have been made under section 40A.

(4) On the commencement day, a report under section 8 of the Sustainable Forests (Timber) Act 2004 relating to the year 2023 is taken to be a report under section 40C relating to the same year.".

18 Repeal of Part

This Part is repealed on 1 May 2026.

Note

The repeal of this Part does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

Part 4—Amendment of Forests Act 1958

19 Definitions

In section 3(1) of the Forests Act 1958 insert the following definitions—

"production notice means a notice under section 75A;

production order means an order under section 75B;

suspension notice means a notice under section 57NB;".

20 Licences and permits with respect to forests

After section 52(1) of the Forests Act 1958 insert—

"(1AA) The Minister must consider any prescribed matters before granting a licence or permit under this section.".

21 New sections 57NA to 57NH inserted

After section 57N of the Forests Act 1958 insert—

"Timber in State forests

57NA Direction relating to certain activities under licence or permit

(1) An authorised officer may give a direction to the holder, or a person acting on behalf of the holder, of a licence or permit granted under section 52 as to the conduct of an activity referred to in section 52(1A)(d) and specified in the licence or permit.

(2) The holder, or a person acting on behalf of the holder, of a licence or permit granted under section 52 to whom a direction under subsection (1) is given must comply with the direction.

Penalty: 60 penalty units.

57NB Suspension of certain activities under licence or permit

An authorised officer may issue a notice to the holder, or a person acting on behalf of the holder, of a licence or permit granted under section 52 to suspend an activity referred to in section 52(1A)(d) and specified in the licence or permit if the authorised officer is of the opinion that—

(a) a direction under section 57NA as to the conduct of the activity has not been complied with; and

(b) continuation of the activity would cause—

(i) imminent damage to the environment; or

(ii) a serious risk to the safety of any person.

57NC Contents of suspension notice

A suspension notice must—

(a) state that the authorised officer is of the opinion that the activity that is the subject of a direction under section 57NA is causing or may cause—

(i) imminent damage to the environment; or

(ii) a serious risk to the safety of any person; and

(b) state the reasons for that opinion; and

(c) specify the activity which, in the authorised officer's opinion, involves or may involve the damage or risk and the matters which give or will give rise to the damage or risk.

57ND Notice may include direction

(1) An authorised officer may include in a suspension notice directions as to the measures to be taken to remedy any damage, risk, matter or activity to which the notice relates.

(2) Any direction under subsection (1) may—

(a) refer to any Code of Practice within the meaning of the Conservation, Forests and Lands Act 1987; and

(b) offer the person to whom it is issued a choice of ways in which to remedy the damage, risk, matter or activity.

57NE Expiry of suspension notice once matter remedied

(1) Subject to sections 57NA to 57NH, if the damage, risk, matter or activity to which a suspension notice relates is remedied to the satisfaction of an authorised officer, the authorised officer may issue a notification in writing that the authorised officer is so satisfied to the person to whom the suspension notice was issued.

(2) A suspension notice expires on notification being issued under subsection (1).

57NF Offence not to comply with suspension notice

A person to whom a suspension notice is issued in relation to which an appeal has not been made under section 57NG must comply with that notice.

Penalty: 60 penalty units.

57NG Appeal against suspension notice

(1) If a holder, or a person acting on behalf of a holder, of a licence or permit granted under section 52 is issued with a suspension notice, the holder of the licence or permit may appeal against the notice to the Magistrates' Court.

(2) An appeal under subsection (1) must be—

(a) in writing; and

(b) made within 7 days after a suspension notice is issued.

(3) The Magistrates' Court must inquire into the circumstances relating to the notice and may—

(a) affirm the notice; or

(b) affirm the notice with such modifications as it thinks fit; or

(4) Subject to any order to the contrary made by the Magistrates' Court, the operation of the suspension notice continues pending the decision of the Magistrates' Court under subsection (3).

(5) If the Magistrates' Court affirms the suspension notice or affirms the suspension notice with modifications, the person to whom the suspension notice is issued must comply with the suspension notice as so affirmed.

Penalty: 60 penalty units.

57NH Occupational Health and Safety Act 2004 prevails

Nothing in sections 57NA to 57NG affects the operation of the Occupational Health and Safety Act 2004 and, to the extent that there is any conflict or inconsistency with the provisions of the Occupational Health and Safety Act 2004, that Act prevails.".

22 New sections 75A to 75N inserted

After section 75 of the Forests Act 1958 insert—

"75A Production notice

(1) For the purpose of monitoring compliance with this Act, an authorised officer may give a production notice requiring the production to the authorised officer of any document specified in the notice to a person named in a production order.

(2) A production notice must—

(a) be in writing; and

(b) specify the following details—

(i) the person to whom it is given;

(ii) the document to be produced, which may be specified by description or class;

(iii) the manner in which the document may be produced and the place of production;

(iv) that the person must comply with the production notice within 30 days of the date specified in the notice.

75B Production order to authorise production notice

(1) For the purpose of monitoring compliance with this Act, an authorised officer may apply to the Magistrates' Court for a production order authorising the authorised officer to give a production notice to a person if the authorised officer believes on reasonable grounds that a document is—

(a) relevant to compliance with this Act; and

(b) in the possession or control of the person.

(2) If the Magistrates' Court is satisfied on evidence given by the authorised officer that the order is necessary for the purpose of monitoring compliance with this Act, the Court may make a production order authorising the authorised officer to give a production notice to the person named in the order.

(3) A production order must specify—

(a) the person to whom the production notice is to be given; and

(b) the document to be produced, which may be specified by description or class; and

(d) any other matter the Court considers appropriate.

(4) If an authorised officer gives a production notice under a production order, the authorised officer must notify the Court in writing of the time and place that the production notice was given to the person named in the order as soon as practicable after the production notice is given to that person.

(5) The expiry of a production order does not affect the operation of a production notice given under that production order.

75C Application for extension of time

(1) A person who is given a production notice may apply to the authorised officer within 30 days after the notice is given to the person for an extension of the time period specified for compliance.

(2) An authorised officer, in writing, may extend the time period for compliance if the authorised officer is satisfied that there are reasonable grounds for doing so.

75D How documents may be produced

Subject to the production notice, a person who produces a document to an authorised officer in accordance with a production notice may send that document to the authorised officer—

(a) by registered post; or

(b) by electronic transmission.

75E Powers on production of documents

An authorised officer to whom a document is produced in accordance with a production notice may do any or all of the following—

(a) inspect the document or any part of the document;

(b) make copies of and take extracts from the document or any part of the document;

(c) retain the document or any part of the document for as long as is reasonably necessary to fulfil the purpose for which it is required.

75F Receipt for retained documents

If an authorised officer retains a document under section 75E, the authorised officer must take reasonable steps to give the person who produced the document a written receipt for that document within 30 days after the document is produced.

75G Return of produced documents

(1) Subject to subsection (2), an authorised officer to whom a document is produced in accordance with a production notice must take reasonable steps to return the document to the person who produced it within 30 days after it was produced.

(2) If an authorised officer retains a document under section 75E, the authorised officer must take reasonable steps to return the document to the person who produced it as soon as the purpose for retaining it no longer exists.

(3) Without limiting subsection (2), a purpose for retaining a document under section 75E includes—

(a) an investigation is being conducted into whether a contravention of this Act has occurred; or

(b) a proceeding under this Act has commenced and that proceeding (including any appeal) has not been completed.

75H Forfeiture to the Crown

If, despite taking reasonable steps to do so, an authorised officer cannot return a document that was produced in accordance with a production notice to the person who produced it, the document is forfeited to the Crown.

75I Offence to contravene production notice

A person who is given a production notice must not, without reasonable excuse, contravene the production notice.

Penalty: 20 penalty units, in the case of a natural person;

100 penalty units, in the case of a body corporate.

75J Offence to provide false or misleading information

A person who is given a production notice must not, without reasonable excuse, produce a document that contains information the person knows to be false or misleading in a material particular.

Penalty: 20 penalty units, in the case of a natural person;

100 penalty units, in the case of a body corporate.

75K Protection against self-incrimination

It is a reasonable excuse for a natural person to refuse or fail to produce a document, or do any other thing that the person is required to do under sections 75A to 75J, if producing the document or doing the thing would tend to incriminate the person.

75L Enforceable undertaking

(1) The Secretary may accept a written undertaking from a person who has contravened, or allegedly contravened, section 96AA(1A).

(2) An undertaking under subsection (1) must—

(a) be in writing; and

(b) specify the conduct constituting the contravention, or alleged contravention, of section 96AA(1A).

(3) A person may withdraw or vary an undertaking with the consent of the Secretary.

(4) While an undertaking is in force, no civil or criminal proceeding may be commenced in relation to the conduct constituting the contravention or alleged contravention in respect of which the undertaking is given.

(5) If a person withdraws an undertaking before the undertaking has been fulfilled, a civil or criminal proceeding may be commenced in relation to the conduct constituting the contravention or alleged contravention in respect of which the undertaking is given.

(6) If a person complies with the requirements of an undertaking, no further civil or criminal proceeding may be commenced in relation to the conduct constituting the contravention or alleged contravention in respect of which the undertaking is given.

75M Enforcement of undertaking

(1) If the Secretary considers that a person who gave an undertaking under section 75L has contravened any of its terms, the Secretary may apply to the Magistrates' Court for an order under subsection (2).

(2) If the Magistrates' Court is satisfied that the person has contravened a term of the undertaking, the Magistrates' Court may make any of the following orders—

(a) an order directing the person to comply with the term of the undertaking;

(b) an order that the person carry out any specified action for the purpose of complying with the undertaking;

(3) If a person fails to comply with an order made under subsection (2), the Secretary may give the person a written notice advising the person that the Secretary intends to carry out the specified action that remains to be carried out under the order unless the person satisfies the Secretary that the person will carry out the action within a period of time acceptable to the Secretary.

(4) A person who is given a written notice under subsection (3) must respond to it within 14 days after being given the notice.

(5) If a person who is given a notice under subsection (3) fails to give the Secretary a satisfactory response within 14 days after being given the notice, or fails to comply with any undertaking given to the Secretary in response to the notice, the Secretary—

(a) may do any thing that is necessary or expedient to carry out the specified action that remains to be carried out under the order and that it is still practicable to carry out; and

(b) may publicise the failure of the person to comply with the order.

(6) Subsections (3), (4) and (5) do not prevent a finding that the person is in contempt of court for failing to comply with an order made under subsection (2).

(7) If a person is found in contempt of court for failing to comply with an order made under subsection (2), the Secretary—

(a) may do any thing that is necessary or expedient to carry out the specified action that remains to be carried out under the order and that it is still practicable to carry out; and

(b) may publicise the failure of the person to comply with the order.

(8) The Secretary may recover any reasonable cost the Secretary incurs in taking action under subsection (5) or (7) as a debt due to the Secretary and payable by the person against whom the order is made under subsection (2).

75N Register of undertakings

(1) The Secretary must maintain a register of undertakings given under section 75L.

(2) The Secretary must enter details of each undertaking given under section 75L in the register of undertakings.

(3) The register of undertakings must include—

(a) the date the undertaking was given; and

(b) a copy of the undertaking.

(4) A person may inspect the register of undertakings at any reasonable time without charge.".

23 Requirement to give name and address

(1) In the penalty at the foot of section 95A(3) of the Forests Act 1958, for "5 penalty units" substitute "20 penalty units".

(2) In the penalty at the foot of section 95A(5) of the Forests Act 1958, for "5 penalty units" substitute "20 penalty units".

24 Power to seize items

In section 95F(1) of the Forests Act 1958—

(a) for "has committed or is committing" substitute "has committed, is committing or is about to commit";

(b) for "any item used or being used" substitute "any item that the authorised officer believes on reasonable grounds has been used, is being used or is about to be used".

25 Offence to cut etc. timber in a State forest

(1) After section 96AA(1) of the Forests Act 1958 insert—

"(1A) A person must not cut, split, fell, obtain, remove or take any timber in a State forest for the primary purpose of the sale or the processing and sale of the timber, except as set out in subsection (2)(a) or (b).

Penalty: In the case of a natural person, 120 penalty units;

In the case of a body corporate, 600 penalty units.

Note

A person involved in the commission of an offence may be taken to have committed that offence: see section 324 of the Crimes Act 1958.".

(2) After section 96AA(3) of the Forests Act 1958 insert—

"(3A) A proceeding for an offence against subsection (1A) may be commenced not later than 3 years after the date on which the offence is alleged to have been committed.".

26 Offence to hinder or obstruct authorised officer

In the penalty at the foot of section 96A of the Forests Act 1958, for "60 penalty units" substitute "120 penalty units or imprisonment for 12 months".

27 Offence to threaten or abuse authorised officer

In the penalty at the foot of section 96B of the Forests Act 1958, for "60 penalty units" substitute "120 penalty units or imprisonment for 12 months".

28 Regulations

After section 99(1) of the Forests Act 1958 insert—

"(1A) Prescribing the matters the Minister must consider before granting a licence or permit under section 52(1);".

29 New section 109 inserted

After section 108 of the Forests Act 1958 insert—

"109 Sustainable Forests (Timber) Repeal Act 2024—Regulations dealing with transitional matters

(1) The Governor in Council may make regulations containing provisions of a transitional nature, including matters of an application or savings nature, arising as a result of the enactment of the Sustainable Forests (Timber) Repeal Act 2024 (including the repeals and amendments made by that Act).

(2) Regulations made under this section may—

(a) have a retrospective effect to a day on or from the day on which the Sustainable Forests (Timber) Repeal Act 2024 receives the Royal Assent; and

(b) be of limited or general application; and

(d) provide for the exemption of persons or things or classes of persons or things from any of the regulations made under this section.

(4) This section is repealed on the second anniversary of the day on which it comes into operation.".

30 Repeal of Part

This Part is repealed on 1 May 2026.

Note

The repeal of this Part does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

Part 5—Consequential amendments

Division 1—Amendment of Climate Change Act 2017

31 Definitions

In section 3 of the Climate Change Act 2017, in the definition of relevant Act, paragraph (e) is repealed.

32 Division does not derogate from certain Acts

In section 94 of the Climate Change Act 2017, for "1958, the Country Fire Authority Act 1958 or the Sustainable Forests (Timber) Act 2004" substitute "1958 or the Country Fire Authority Act 1958".

Division 2—Amendment of Conservation, Forests and Lands Act 1987

33 Definitions

In section 3(1) of the Conservation, Forests and Lands Act 1987, the definition of VicForests is repealed.

34 Delegation of powers and functions

(1) Section 11(1)(e) of the Conservation, Forests and Lands Act 1987 is repealed.

(2) In section 11(2) of the Conservation, Forests and Lands Act 1987—

(a) in paragraph (e), for "Corporation; or" substitute "Corporation.";

(b) paragraph (f) is repealed.

35 Compliance with Codes of Practice and comments

Section 67(1A) of the Conservation, Forests and Lands Act 1987 is repealed.

36 Requirements of specific Acts as to management to apply

In section 82PB(2)(c) of the Conservation, Forests and Lands Act 1987, for "section 11 of the Sustainable Forests (Timber) Act 2004" substitute "this Act".

37 Appointment of authorised officers

Section 83(1)(ad) of the Conservation, Forests and Lands Act 1987 is repealed.

38 Hindering or obstructing forest operations

(1) In section 95A(2) of the Conservation, Forests and Lands Act 1987—

(a) in paragraph (b), for "taking; or" substitute "taking.";

(b) paragraphs (c) and (d) are repealed.

(2) In section 95A(3) of the Conservation, Forests and Lands Act 1987—

(a) in the definition of forest produce, for "1958;" substitute "1958.";

(b) the definition of State forest is repealed;

39 Schedule 1

In Schedule 1 to the Conservation, Forests and Lands Act 1987 omit "Sustainable Forests (Timber) Act 2004.".

Division 3—Amendment of Crown Land (Reserves) Act 1978

40 Protected forest—Kurth Kiln Regional Park

(1) In section 55(1) of the Crown Land (Reserves) Act 1978 omit ", the Sustainable Forests (Timber) Act 2004".

(2) In section 55(2) of the Crown Land (Reserves) Act 1978 omit "or the Sustainable Forests (Timber) Act 2004".

Division 4—Amendment of Forests Act 1958

41 Definitions

(1) In section 3(1) of the Forests Act 1958, in the definition of forest produce—

(a) in paragraph (d), for "minerals; or" substitute "minerals;";

(b) paragraph (e) is repealed.

(2) In section 3(1) of the Forests Act 1958, the definition of VicForests is repealed.

42 Business of the Secretary

In section 5(1) of the Forests Act 1958—

(a) in paragraph (b), omit "subject to Part 4 of the Sustainable Forests (Timber) Act 2004,";

(b) in paragraph (c), omit "subject to Part 4 of the Sustainable Forests (Timber) Act 2004,".

43 Secretary and Parks Victoria to manage reserve land

Section 18A(2A)(a)(ii) of the Forests Act 1958 is repealed.

44 Special powers of Secretary and Parks Victoria

(1) In section 21(1)(e) of the Forests Act 1958 omit "including timber resources within the meaning of the Sustainable Forests (Timber) Act 2004,".

(2) Section 21(1AA) of the Forests Act 1958 is repealed.

45 Reserved forests

(1) In section 42(4) of the Forests Act 1958, for "subsections (4A) and" substitute "subsection".

(2) Section 42(4A) of the Forests Act 1958 is repealed.

46 Licences and permits with respect to forests

Section 52(2) of the Forests Act 1958 is repealed.

47 No application to timber resources

Section 57P of the Forests Act 1958 is repealed.

48 Proclamation of protected forests

Section 58(6) of the Forests Act 1958 is repealed.

49 Protected trees in protected forests

Section 59(1A) of the Forests Act 1958 is repealed.

50 Absolute prohibition of use of fire when acute fire danger exists

(1) In section 64(1) of the Forests Act 1958—

(a) in paragraph (b), for "be); and" substitute "be)—";

(b) paragraph (c) is repealed.

(2) In section 64(2) of the Forests Act 1958—

(a) in paragraph (b), for "be); or" substitute "be)—";

(b) paragraph (c) is repealed.

51 Placing inflammable material for the purpose of causing fire etc.

In section 66 of the Forests Act 1958 omit ", timber resources within the meaning of the Sustainable Forests (Timber) Act 2004".

52 Duty to prevent spread of fire etc.

(1) In section 67(3) of the Forests Act 1958 omit "or who is a timber harvester".

(2) Section 67(4) of the Forests Act 1958 is repealed.

53 Definitions

In section 72A of the Forests Act 1958 insert the following definition—

'VicForests means the State body known as "VicForests" established under section 14 of the State Owned Enterprises Act 1992 by Order in Council dated 28 October 2003 published in the Government Gazette on 28 October 2003 and abolished by the Sustainable Forests (Timber) Repeal Act 2024;'.

54 Prohibition of cutting etc. timber etc. on certain roads without authority of the Secretary

(1) In section 77(1) of the Forests Act 1958, for "subsections (1A) and" substitute "subsection".

(2) Section 77(1A) of the Forests Act 1958 is repealed.

55 Power to direct route for removal etc. of forest produce

(1) In section 79(1) of the Forests Act 1958 omit "or timber resources".

(2) In section 79(2) of the Forests Act 1958 omit "or timber resources".

(3) In section 79(3) of the Forests Act 1958 omit—

(a) "or timber resources" (wherever occurring);

(b) "or the Sustainable Forests (Timber) Act 2004 (as the case requires)".

(4) In section 79(6) of the Forests Act 1958 omit "or timber resources".

(5) In section 79(6A) of the Forests Act 1958 omit "or timber resources".

(6) Section 79(7) of the Forests Act 1958 is repealed.

56 Payment of dues and charges

(1) Section 80(3) of the Forests Act 1958 is repealed.

(2) Section 80(4) of the Forests Act 1958 is repealed.

57 Presumption as to ownership of forest produce

(1) Section 82(2) of the Forests Act 1958 is repealed.

(2) Section 82(3) of the Forests Act 1958 is repealed.

58 Search warrant for secreted forest produce

In section 83(1) of the Forests Act 1958—

(a) omit "or timber resources within the meaning of the Sustainable Forests (Timber) Act 2004 used to supply managed licences within the meaning of that Act" (where twice occurring);

(b) omit "or the Sustainable Forests (Timber) Act 2004 (as the case requires)".

59 Offences

(1) In section 96(k) of the Forests Act 1958 omit "(other than timber resources within the meaning of the Sustainable Forests (Timber) Act 2004)".

(2) In section 96(m) of the Forests Act 1958 omit "(including timber resources within the meaning of the Sustainable Forests (Timber) Act 2004)".

(3) In section 96(n) of the Forests Act 1958 omit "or the Sustainable Forests (Timber) Act 2004".

60 Offence to cut etc. timber in a State forest

(1) Section 96AA(2)(c) and (d) of the Forests Act 1958 are repealed.

(2) For section 96AA(3) of the Forests Act 1958 substitute—

"(3) Subsections (1) and (1A) apply to any timber in a State forest whether or not that timber is owned by or vested in the Crown.".

(3) Section 96AA(4) of the Forests Act 1958 is repealed.

61 Regulations

In section 99(15) of the Forests Act 1958 omit ", including timber resources within the meaning of the Sustainable Forests (Timber) Act 2004,".

Division 5—Amendment of Owner Drivers and Forestry Contractors Act 2005

62 Membership

(1) In section 59(1)(c)(v) of the Owner Drivers and Forestry Contractors Act 2005, for "VicForests" substitute "the Secretary within the meaning of the Conservation, Forests and Lands Act 1987".

(2) Section 59(3) of the Owner Drivers and Forestry Contractors Act 2005 is repealed.

Division 6—Amendment of Traditional Owner Settlement Act 2010

63 Definitions

(1) In section 27(1) of the Traditional Owner Settlement Act 2010, for the definition of limited land use activity substitute—

"limited land use activity, in relation to agreement land, means a land use activity that is for the purpose of the establishment, use or operation of any specified public works;".

(2) In section 27(1) of the Traditional Owner Settlement Act 2010, in the definition of specified public works, in paragraph (o), for "Crown;" substitute "Crown.".

(3) In section 27(1) of the Traditional Owner Settlement Act 2010, the definition of VicForests is repealed.

64 Definition of *land use activity*

Section 28(i) and (j) of the Traditional Owner Settlement Act 2010 are repealed.

65 Definition of *decision maker*

Section 29(f) of the Traditional Owner Settlement Act 2010 is repealed.

66 Requirements for publication of notice of proposed timber release plans

Section 47 of the Traditional Owner Settlement Act 2010 is repealed.

67 Obligations of decision maker to ascertain compliance

Section 48 of the Traditional Owner Settlement Act 2010 is repealed.

68 Definitions

(1) In section 79 of the Traditional Owner Settlement Act 2010, in the definition of natural resources, in paragraph (b)(i) omit "(other than timber resources)".

(2) In section 79 of the Traditional Owner Settlement Act 2010, the definition of timber resources is repealed.

Division 7—Repeal of Part

69 Repeal of Part

This Part is repealed on 1 May 2026.

Note

The repeal of this Part does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

═════════════

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.

Minister's second reading speech—

Legislative Assembly: 1 May 2024

Legislative Council: 30 May 2024

The long title for the Bill for this Act was "A Bill for an Act to repeal the Sustainable Forests (Timber) Act 2004, to abolish VicForests, to amend the Conservation, Forests and Lands Act 1987 and the Forests Act 1958 in relation to forest management and to consequentially amend other Acts and for other purposes."

The Sustainable Forests (Timber) Repeal Act 2024 was assented to on 25 June 2024 and came into operation on 1 July 2024: Special Gazette (No. 345) 25 June 2024 page 1.

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 section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.

Interpretation

As from 1 January 2001, amendments to section 36 of the ILA have the following effects:

• Headings

All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).

• Examples, diagrams or notes

All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).

• Punctuation

All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).

• Provision numbers

All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection 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 an Act 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 an Act.
See section 36(3)(3D)(3E).

2 Table of Amendments

There are no amendments made to the Sustainable Forests (Timber) Repeal Act 2024 by Acts and subordinate instruments.

3 Explanatory details

No entries at date of publication.

1 Sustainable Forests (Timber) Repeal Act 2024

Version No. 001

Sustainable Forests (Timber) Repeal Act 2024

No. 24 of 2024

Version as at
1 July 2024

TABLE OF PROVISIONS

Section Page

Part 1—Preliminary 1

1 Purposes 1

2 Commencement 1

3 Definitions 2

Part 2—Repeal of Sustainable Forests (Timber) Act 2004 3

Division 1—Repeal 3

4 Sustainable Forests (Timber) Act 2004 3

Division 2—Abolition of VicForests and transfer of property, rights and liabilities to the Crown 3

5 Abolition of VicForests 3

6 Transfer of property, rights and liabilities of VicForests to the Crown 3

7 Transfer subject to encumbrances 4

8 Registrar of Titles to make recordings or amendments necessary for this Part 4

9 References to VicForests 4

Division 3—Property in timber resources vested in VicForests transferred to the Crown 5

10 Allocation order 5

11 Timber release plan 6

Division 4—Savings and transitional provisions 6

12 Minister may arrange audits 6

13 Enforceable undertakings 6

14 Production of documents 6

15 Regulations dealing with transitional matters 7

Part 3—Amendment of Conservation, Forests and Lands Act 1987 8

16 New Part 5A inserted 8

17 New section 125 inserted 10

18 Repeal of Part 11

Part 4—Amendment of Forests Act 1958 12

19 Definitions 12

20 Licences and permits with respect to forests 12

21 New sections 57NA to 57NH inserted 12

22 New sections 75A to 75N inserted 16

23 Requirement to give name and address 24

24 Power to seize items 24

25 Offence to cut etc. timber in a State forest 25

26 Offence to hinder or obstruct authorised officer 25

27 Offence to threaten or abuse authorised officer 25

28 Regulations 26

29 New section 109 inserted 26

30 Repeal of Part 27

Part 5—Consequential amendments 28

Division 1—Amendment of Climate Change Act 2017 28

The Act operates by a small set of legal mechanisms rather than by creation of new market instruments. Those mechanisms determine who owns what, who makes which regulatory decisions, and how compliance will be monitored and enforced.

Transfer and substitution mechanism

The Crown steps into the legal shoes of VicForests across property, rights, liabilities, contracts and ongoing litigation on the commencement day (s 6(a)-(e)). For land registered to VicForests the Act takes a different approach: those parcels are "taken to be unalienated land of the Crown freed and discharged from all encumbrances, limitations and restrictions and from any estate or interest in the land" (s 6(b)). By contrast, non‑land property and rights transferred remain subject to encumbrances and continue with their prior attachments (s 7). The Registrar of Titles is required to effect the necessary entries (s 8).

Centralisation of regulatory authority and reporting

The Act shifts the locus of decision‑making and reporting from a commercial State corporation to core executive agencies. VicForests references in other Acts and in the Forestry Code are reinterpreted as references to either the Crown or the Secretary as appropriate (s 9). The Minister obtains explicit statutory authority to determine sustainability criteria and indicators, and to set reporting frequency (s 16 new 40A-40D). The Secretary is the statutory reporter on those indicators (40C) and is subject to possible audits arranged by the Minister (40D).

Administrative enforcement and compliance toolkit

New provisions in the Forests Act create administrative controls over licence and permit holders: directions on conduct of specified activities (57NA) and immediate suspension notices where environmental or safety risk is judged imminent (57NB-57ND). Suspension notices may contain remedial directions and offer choices of compliance measures (57ND). An appeal is available to the Magistrates' Court but the suspension remains in force during the appeal unless and until the Court cancels it (57NG(4)). This creates an immediate administrative stop-on-harvest tool enforceable by criminal penalty (57NF).

Information gathering and document control

The production order/production notice scheme (75A-75G) requires production of documents relevant to monitoring compliance and supplies the authorised officer the power to inspect, copy and retain documents. The officer must take reasonable steps to issue receipts and to return documents once purpose concluded; retained documents may be forfeited if return is impossible (75E-75H). Non‑compliance and false or misleading production are criminalised with tiered penalties (75I-75J). Natural persons retain a statutory protection against self‑incrimination (75K).

Enforceable undertakings and administrative enforcement through courts

The Secretary may accept written undertakings in relation to contraventions of the cutting prohibition (section 96AA(1A) as newly inserted) and whilst an undertaking is in force no civil or criminal proceeding may be commenced for that conduct (75L(1),(4)). The Secretary can seek orders from the Magistrates' Court to enforce undertakings and, failing compliance with court orders, take specified action and publish the failure, and recover costs (75M).

Regulatory discretion and transitional regulation

The Governor in Council may make transitional regulations with wide scope, including retrospective application to the date of Royal Assent, limited only by the Charter (s 15(2)-(3); mirrored in s 29(1)-(3) for Forests Act transitional regulations). These regulation powers lapse two years after commencement of the regulation head (s 15(4); s 29(4)).

Penalty and criminal enforcement recalibration

The Act increases penalties for obstructing or threatening authorised officers and for failing to supply name and address, introduces imprisonment options and substantially increases financial penalties for cutting timber for the primary purpose of sale or processing for sale (s 23, 25-27). It also broadens seizure powers to items about to be used in offences (s 24).

Statutory continuity and savings

The Act preserves specific ongoing processes that had been started under the repealed Sustainable Forests Act: audits already commenced (s 12), enforceable undertakings and production notices/orders that are in force remain subject to the old Act provisions (s 13-14). The Act also takes the 2007 determination under section 6 of the Sustainable Forests Act and deems it a determination under new s 40A of the Conservation, Forests and Lands Act (s 17(2)), with corresponding publication obligations (s 17(3)).

Together these mechanisms implement a transfer of ownership and control from a specialised state corporation to central Crown agencies, replace one statutory framework for commercial native forest harvesting with administrative controls embedded in the Forests Act and Conservation, Forests and Lands Act, and create a suite of information, suspension and enforcement powers for authorised officers and the Secretary.

The Act’s changes impose legal effects across a variety of actors. The text itself identifies who changes in legal status, who must comply with new obligations and who becomes the decision‑maker.

Immediate parties affected by abolition and transfers

VicForests itself: abolished on commencement and its board members go out of office (s 5). Existing property, rights and liabilities that were vested in VicForests immediately before commencement vest in the Crown (s 6(a), (c)). VicForests’ land registered under the Transfer of Land Act 1958 is taken to be unalienated Crown land freed from encumbrances (s 6(b)). The Registrar of Titles is required to make entries to reflect these changes (s 8).
Parties to contracts and arrangements with VicForests: the Crown is substituted as a party to arrangements or contracts involving VicForests that were in force immediately before commencement (s 6(e)). Similarly, the Crown is substituted as party to any proceedings pending to which VicForests was party (s 6(d)).

Forest industry participants and licence/permit holders

Holders of licences or permits under section 52 of the Forests Act (for activities in State forests) can be directed about conduct of the activity by authorised officers (57NA) and may be subject to suspension notices (57NB). They must comply with directions and suspension notices or face penalties (57NA(2); 57NF). The new offence at s 96AA(1A) criminalises cutting timber in a State forest for the primary purpose of sale or processing and sale, attracting substantial penalties; it applies to any timber in a State forest whether or not owned by the Crown (s 60(2) as amended by s 60 of the Act and s 25 of this Act). Timber harvest contractors, processors and traders who were relying on the prior statutory regime will be affected by the prohibited conduct and by the substitution of the Crown for VicForests in contracts and allocations.

Landholders and third parties with interests in land registered to VicForests

For land registered to VicForests, the Act makes the land unalienated Crown land freed of encumbrances (s 6(b)). That has immediate legal effect on proprietary interests recorded under the Transfer of Land Act 1958; those interests are extinguished by operation of the provision on commencement, subject to the Registrar making consequential entries (s 8). For non‑land properties and rights transferred to the Crown, s 7 preserves encumbrances.

Public authorities and administrative bodies

The Secretary under the Conservation, Forests and Lands Act and the Minister gain explicit duties: the Minister must determine sustainability criteria, publish determinations and may arrange audits; the Secretary must report on indicators (s 16 new Part 5A: 40A-40D). The Code of Practice references to VicForests are re‑construed as references to the Secretary for periods on or after commencement day where not inconsistent (s 9(2)). The Governor in Council is empowered to make transitional regulations that may be retrospective and last for up to two years (s 15; s 29).

Courts and tribunals

The Magistrates' Court is the first‑instance forum established for appeals against suspension notices (57NG) and for making production orders authorising production notices (75B). It may also be used by the Secretary to enforce undertakings (75M). Courts will see substitution of Crown as party in existing proceedings formerly involving VicForests (s 6(d)).

Traditional owners and statutory bodies referenced in consequential amendments

The Act removes references to VicForests and to timber resources from several Acts with implications for how traditional owner agreements, reserve management and other land use activities are handled in future (divisions 2-6 of Part 5). For example, provisions about publication of timber release plans and requirements for decision-makers in the Traditional Owner Settlement Act 2010 are repealed or altered (s 66-67, division 6 items).

Members of the public and industry participants more generally

Any person in possession or control of documents relevant to compliance can be subject to production notices (s 75A): natural persons have a protection against self‑incrimination (75K), but corporate entities do not. Persons who obstruct, threaten or fail to comply with directions or production notices face enhanced penalties and potentially imprisonment (s 23, 24, 26-27, 75I-75J).

In short, the Act directly alters the legal situation of VicForests and its counterparties, reassigns regulatory powers to the Minister and Secretary, imposes new obligations and penalties on licence/permit holders and broader industry participants, and creates administrative and court‑based processes that will affect how disputes and compliance are handled.

This section extracts from the instrument the principal statutory duties imposed on officials and private actors and the statutory rights and remedies available.

Duties and obligations on public officials and Ministers

Ministerial duties: The Minister must determine sustainability criteria and indicators and reporting requirements for sustainable forest management (s 40A(1)-(3), inserted by s 16). The Minister must publish determinations in the Government Gazette and give public notice in a newspaper (40B). The Minister may ask appropriately qualified persons to audit information provided in the Secretary’s report (40D). The Minister may develop a Sustainability Charter and must consult with the Minister administering the Agricultural and Veterinary Chemicals (Control of Use) Act 1992 in doing so (40E).
Secretary duties: The Secretary must report to the Minister on the status, performance or achievement of the indicators within the time determined (40C). The Secretary must maintain a register of enforceable undertakings given under the Forests Act (75N).

Duties and obligations on licence/permit holders and others

Compliance with authorised officer directions: Under the Forests Act insertions, an authorised officer may give directions as to the conduct of activities specified in a licence or permit and the holder or a person acting on the holder’s behalf must comply (57NA(1)-(2)) , penalty 60 penalty units for non‑compliance (57NA(2)).
Compliance with suspension notices: An authorised officer may suspend activities if a direction has not been complied with and continuation would cause imminent environmental damage or serious safety risk (57NB-57NC). A person to whom a suspension notice is issued must comply where no appeal has been made (57NF), with a penalty of 60 penalty units.
Production and disclosure: An authorised officer may, following a Magistrates’ Court production order, issue a production notice requiring production of documents relevant to compliance (75A-75B). The production notice must be complied with within 30 days unless extended (75A(2)(b)(iv); 75C). An authorised officer may inspect, copy and retain documents produced (75E). Persons must not contravene production notices or produce false or misleading documents; penalties vary by natural person or corporate body (75I-75J).
Cutting prohibition: Section 96AA(1A) (inserted) makes it an offence to cut, split, fell, obtain, remove or take any timber in a State forest for the primary purpose of sale or processing and sale except as set out in subsection (2)(a) or (b). The Act prescribes substantial penalties and a three‑year limitation period for commencing proceedings (s 25).

Rights and remedies for those subject to administrative action

Appeal against suspension notices: A recipient of a suspension notice may appeal in writing to the Magistrates’ Court within 7 days (57NG(1)-(2)), the Court can affirm, modify or cancel the notice (57NG(3)). The operation of the suspension continues pending the Court’s decision unless the Court orders otherwise (57NG(4)).
Judicial authorisation for production orders: An authorised officer requires a production order from the Magistrates’ Court to issue a production notice where the officer believes on reasonable grounds a document relevant to compliance is in a person’s possession or control (75B(1)-(2)). The Court must be satisfied the order is necessary for monitoring compliance (75B(2)).
Protection against self‑incrimination: Natural persons are excused from producing documents or taking other steps required by the production scheme if doing so would tend to incriminate them (75K).
Enforceable undertakings: A person who has contravened or allegedly contravened section 96AA(1A) may give an undertaking to the Secretary in writing (75L(1)-(3)); while the undertaking is in force, no civil or criminal proceeding may be commenced in relation to the conduct covered by the undertaking (75L(4)). The Secretary may seek court enforcement of undertakings and recover costs if necessary (75M).

Duties on other actors

Registrar of Titles: must effect recordings or amendments to the Register under the Transfer of Land Act 1958 necessary because of the transfer of VicForests’ land to the Crown (s 8).
Ministers/Administrators: the Act contains publication duties on Ministers when the 2007 determination is taken to be a new determination under the Conservation, Forests and Lands Act (s 17(3)).

These duties and rights create a regulatory architecture that blends administrative directions and suspensions enforceable by criminal penalties with judicial oversight through the Magistrates’ Court and a statutory avenue for negotiated resolutions via enforceable undertakings.

This Act recalibrates enforcement by increasing certain penalties, expanding seizure powers, creating administrative stop‑work powers and introducing statutory production and undertaking mechanisms. Below are the enforcement levers and the specific penalty outcomes provided in the text.

Increased monetary penalties and criminal exposure

Cutting timber for sale: The new offence in the Forests Act (inserted by s 25) at section 96AA(1A) penalises a natural person 120 penalty units and a body corporate 600 penalty units for cutting, splitting, felling, obtaining, removing or taking any timber in a State forest for the primary purpose of sale or processing and sale, except as otherwise permitted (s 25(1)). Proceedings for this offence may be commenced not later than 3 years after the date the offence is alleged to have been committed (s 25(2) inserting 3A).
Hindering/obstructing or threatening authorised officers: The penalties at the foot of s 96A and s 96B are increased from 60 penalty units to 120 penalty units or imprisonment for 12 months (s 26-27).
Failure to give name and address: Penalties at the foot of s 95A(3) and s 95A(5) are increased from 5 penalty units to 20 penalty units (s 23).

Administrative penalties attached to directions and suspensions

Non‑compliance with directions: A person who fails to comply with a direction given under section 57NA faces a penalty of 60 penalty units (57NA(2)).
Non‑compliance with suspension notices: A person to whom a suspension notice is issued and in respect of which no appeal has been made must comply and faces a penalty of 60 penalty units for non‑compliance (57NF).

Production regime penalties and document controls

Production notice non‑compliance: Contravening a production notice without reasonable excuse is an offence; penalty 20 penalty units for a natural person; 100 penalty units for a body corporate (75I).
False or misleading documents: Producing a document that contains information known to be false or misleading in a material particular is an offence; penalty 20 penalty units for a natural person; 100 penalty units for a body corporate (75J).
Protections: Natural persons have a statutory self‑incrimination excuse (75K). Authorised officers may inspect, copy and retain documents produced and must take reasonable steps to provide receipts and return documents when the purpose ends; if return is not possible, the document may be forfeited to the Crown (75E-75H).

Seizure powers

The power to seize items under s 95F is broadened so an authorised officer may seize any item the officer believes on reasonable grounds has been used, is being used or is about to be used in the commission of an offence (s 24). The existing test "has committed or is committing" is extended to include "is about to commit" and relates to items used, being used or about to be used.

Enforceable undertakings and enforcement through courts

The Secretary may accept enforceable undertakings in relation to contraventions of s 96AA(1A). While an undertaking is in force, no civil or criminal proceeding may be commenced for the conduct specified (75L(1)-(4)). The Secretary may apply to the Magistrates’ Court for orders enforcing an undertaking (75M(1)-(2)). If an order is made and not complied with, the Secretary may carry out required actions and publicise the failure and may recover reasonable costs as a debt (75M(3)-(8)).

Appeal and judicial processes

Suspension notices are appealable to the Magistrates’ Court; the Court may affirm, modify or cancel the notice (57NG(3)). Unless the Court orders otherwise, the suspension continues pending the Court’s decision (57NG(4)). Production orders require initial judicial authorisation from the Magistrates’ Court and are subject to evidentiary satisfaction that the order is necessary for monitoring compliance (75B(1)-(3)). The Secretary can enforce undertakings in the Magistrates’ Court and seek consequential orders (75M).

Regulatory discretion and overriding transitional regulations

Transitional regulation-making powers (s 15 and s 29) permit the Governor in Council to make regulations of a transitional nature that may have retrospective effect to the date of Royal Assent and may be of broad application, including exemptions and delegations; these regulations have effect despite anything to the contrary in any Act other than the Charter (s 15(2)-(3); s 29(2)-(3)). These regulation‑making powers expire two years after they commence (s 15(4); s 29(4)).

Taken together, the Act strengthens administrative enforcement, widens seizure and investigatory powers, raises penalties for obstruction and for illicit commercial take of timber, and combines administrative suspension tools with judicial oversight via Magistrates’ Court processes.

The Act is crafted to be read alongside and to amend a number of existing statutes. Its interactions are both direct (textual amendments and repeals) and structural (reassigning functions and references).

Key statutory interactions noted in the text

Conservation, Forests and Lands Act 1987: The Act inserts a new Part 5A into the Conservation, Forests and Lands Act 1987 governing sustainability criteria, reporting and audits (s 16). It also includes a savings/transitional insertion (s 17) that deems an earlier determination under the repealed Sustainable Forests Act 2004 to be a determination under the new s 40A and takes the 2023 report as a report under the new s 40C. Multiple sections are repealed or modified to remove references to VicForests and timber resources (Division 2 of Part 5).
Forests Act 1958: The Act amends definitions, inserts new sections (57NA-57NH and 75A-75N) to create the new compliance and production regimes, increases penalties and broadens seizure powers. It removes multiple references to timber resources and VicForests, reassigned duties to the Secretary, and repeals or modifies provisions that previously operated in relation to timber resources (Part 4).
Transfer of Land Act 1958: The Act operates directly on property interests recorded under the Transfer of Land Act by making land for which VicForests was registered proprietor into unalienated Crown land freed of encumbrances (s 6(b)) and requiring the Registrar of Titles to make necessary recordings or amendments (s 8).
Climate Change Act 2017 and Crown Land (Reserves) Act 1978: The Act removes the Sustainable Forests (Timber) Act 2004 from lists of relevant Acts or references in these statutes (s 31-32; s 40).
Traditional Owner Settlement Act 2010: The Act removes definitions and procedural requirements connected to timber release plans and VicForests (Division 6, s 63-68).
Owner Drivers and Forestry Contractors Act 2005: The Act amends board membership reference to substitute the Secretary for VicForests (s 62).

Priority rules and statutory caveats

Transition regulations: Both s 15 (for the Sustainable Forests repeal) and s 29 (for the Forests Act transitional provisions) authorise the making of transitional regulations that "have effect despite anything to the contrary in any Act (other than this Act or the Charter of Human Rights and Responsibilities Act 2006)" (s 15(3); s 29(3)). This explicit saving gives transitional regulations priority over other Acts, except the Charter. The instrument therefore contemplates potential conflicts and sets the Charter as the statutory limit.
Occupational Health and Safety Act 2004: The Act expressly provides that nothing in the new suspension and direction provisions (57NA-57NG) affects the operation of the Occupational Health and Safety Act and that if there is any conflict the OHS Act prevails (57NH). This is a specific priority clause preserving OHS law primacy over these forest‑management suspension powers.
Interpretation of Legislation Act 1984: The statutory notes remind the reader that repeal of Parts is subject to the Interpretation of Legislation Act rules so that amendments made by the repealed Parts will continue to operate (s 18 and s 30 notes referencing s 15(1) of the ILA). The Act also uses the style and interpretation notes common to Victorian instruments.

Practical interoperability issues

Reassignment of functions and references: The Act removes VicForests references and generally substitutes Crown or Secretary where appropriate (s 9; multiple repeals across Part 5). That reassignment affects who exercises powers under existing Acts,administrative functions, licensing and permits that previously referenced VicForests will now be handled by the Secretary or a Minister, or be subject to different administrative checks (for example, s 20 inserts a requirement that the Minister must consider "any prescribed matters before granting a licence or permit under section 52(1)").
Contracts and proceedings: By substituting the Crown as party to contracts and proceedings (s 6(d)-(e)), the Act changes the legal counterparty and potentially the remedies available (for example rights against state), as well as the identity of the claimant or defendant in pending litigation.
Title and property effects: The conversion of land registered to VicForests into unalienated Crown land freed from encumbrances (s 6(b)) interacts directly with the Transfer of Land Act 1958 and the operation of registered interests. The Registrar’s role in effecting entries (s 8) is a textual requirement that triggers administrative activity under land law frameworks.

Overall, the Act operates as a cross‑cutting instrument: it abolishes a statutory corporation and migrates its legal footprint into the core statutory and administrative apparatus, while concurrently embedding new compliance, reporting and enforcement pathways into existing forest and conservation legislation. The Act explicitly defines the limits of transitional regulation‑making powers and preserves the primacy of the Charter and the Occupational Health and Safety Act in specific respects.

The Act includes its own internal amendment and repeal timetable and the endnotes provide the legislative status.

Key temporal clauses in the instrument

Commencement mechanics: Section 2 provides that the Act comes into operation on proclamation or, if a provision does not commence before 1 May 2025, on that day. Despite that general commencement mechanism, the Endnotes record that the Act was assented to on 25 June 2024 and "came into operation on 1 July 2024" (Endnotes). The Act therefore was brought into force by means that produced immediate legal effect as recorded in the parliamentary endnotes.
Temporary regulation powers: Both s 15 (transitional regulations related to Part 2 repeal) and s 29 (transitional regulations linked to the Forests Act amendments) are time limited by explicit repeal two years after they come into operation (s 15(4); s 29(4)).
Repeal of inserted Parts: The Act inserts Part 5A into the Conservation, Forests and Lands Act but provides that the inserted Part (this Part) is itself repealed on 1 May 2026 (s 18). The note to s 18 clarifies that the repeal of the Part does not affect the continuing operation of the amendments made by it under interpretation rules (see s 15(1) of the Interpretation of Legislation Act 1984). Similarly, the provisions amending the Forests Act (Part 4) are repealed on 1 May 2026 (s 30 note), again with the interpretation caveat.
No subsequent amendments recorded in instrument: The Act’s endnotes include a Table of Amendments stating that there are no amendments made to the Sustainable Forests (Timber) Repeal Act 2024 by Acts or subordinate instruments as at the version date (Endnotes Part 2). The instrument itself is Version No. 001 as at 1 July 2024.

Administrative implementation steps mandated by the Act

Registrar of Titles action: The Registrar of Titles is required to make any recordings or amendments to the Register kept under the Transfer of Land Act 1958 necessary because of the operation of Part 2 (s 8). This is an immediate administrative task following commencement.
Publishing obligations: The Minister must publish determinations under new s 40A in the Government Gazette and cause a notice to be published in a widely circulating newspaper (40B). Where the 2007 determination is taken to be a determination under s 40A, the Minister must publish that determination and provide notice (s 17(2)-(3)).
Sunset provisions: The two‑year sunset for transitional regulatory powers imposes a practical timetable for executive action.

Taken together these temporal and amendment provisions show a mixed design: immediate abolition and transfer of functions and property, insertion of new reporting duties and enforcement mechanisms, and limited duration regulation‑making head powers that are intended to operate during the transition from one statutory regime to another.

The text and the Endnotes do not identify any reported litigation history arising from the Act itself. The Endnotes supply parliamentary milestones (second reading speech dates, assent and commencement) but do not list cases or judicial pronouncements.

What the Act does constructively that could give rise to litigation pathways

Substitution of the Crown as party: Section 6(d) substitutes the Crown as a party to any proceeding pending in any court or tribunal to which VicForests was a party immediately before commencement day. That express substitution can change procedural dynamics in existing litigation: it alters parties, possibly affects discovery and privilege claims, and may raise issues about limitation, jurisdiction and remedies against a State party. The Act provides the substitution as an automatic operation; the court's handling of consequential orders and costs may become the subject of litigation in specific cases.
Extinguishment of registered interests: Section 6(b) takes land registered to VicForests and declares that it is unalienated Crown land "freed and discharged from all encumbrances, limitations and restrictions and from any estate or interest in the land." That extinguishment (subject to Registrar entries under s 8) is of a kind that brings immediate legal consequences for third parties asserting proprietary interests; disputes about the proper construction or application of s 6(b) and whether rights were adequately recorded or otherwise protected may generate litigation in future.
Transitional regulations and retrospective effect: The Act authorises transitional regulations that may have retrospective effect to the date of Royal Assent and that operate despite anything in other Acts (s 15(2)(a)-(3); s 29(2)(a)-(3)). Such retrospective regulation‑making powers are commonly the subject of judicial review if exercised in a way that adversely affects rights; the Act, however, limits that head power by excluding the Charter from being overridden.
Enforcement actions and appeals: The new enforcement and suspension machinery (s 57NA-57NH) includes an appeal to the Magistrates' Court and creates criminal penalties; disputes over whether an authorised officer had reasonable grounds, whether a suspension was lawfully issued, or the proper scope of retained documents in production regimes are natural candidates for challenge in the courts.

Current record

There is no litigation history recorded in the Act’s endnotes or the text. The instrument does not cite any cases. Any future litigation would arise from the operationalisation of transfers, the exercise of new administrative powers or disputes over the retrospective or transitional regulations. The Act explicitly provides some judicial oversight paths (Magistrates’ Court appeals, production order authorisations and enforcement of undertakings), which are the immediate legal forums specified.

This summary merely records the text's built‑in pathways that create potential for litigation. The Act itself makes no statement about existing or anticipated judicial proceedings beyond the substitution provision (s 6(d)).

The Act contains several provisions and drafting features that practitioners and compliance officers should note as operationally significant. These are concrete mechanics in the instrument that may catch parties out if not specifically addressed.

Automatic extinguishment of registered interests in land registered to VicForests (s 6(b))

On commencement, land for which VicForests was registered proprietor becomes unalienated Crown land "freed and discharged from all encumbrances, limitations and restrictions and from any estate or interest in the land." This is an operative extinguishment; the Registrar of Titles must then make entries to reflect the change (s 8). If a party has an interest recorded against such land, the statutory operation extinguishes that interest; the Act does not create an express compensation mechanism. This is a high‑impact property operation with immediate legal effect.

Different treatment for non‑land property and encumbrances (s 7)

The Act preserves encumbrances attached to non‑land property that are transferred to the Crown. That creates a hybrid outcome where land interests can be extinguished but other rights and encumbrances persist. Practitioners must distinguish between land and non‑land assets in any transaction or dispute.

Broad regulation‑making powers with retrospective effect (s 15(2)(a); s 29(2)(a))

The Governor in Council can make transitional regulations that may be retrospective to the day of Royal Assent and can operate "despite anything to the contrary in any Act (other than this Act or the Charter...)" (s 15(3); s 29(3)). These powers have wide scope, including delegating matters to specified persons and creating exemptions. They are time limited to two years (s 15(4); s 29(4)), but their retrospective reach and statutory primacy over other Acts (except the Charter) means there is a significant executive discretion for transitional arrangements.

"If not inconsistent" interpretative caveat for Code references (s 9)

References to VicForests in the Code are to be construed as references to the Secretary "to the extent that the reference relates to any period on or after the commencement day; and if not inconsistent with the subject matter" (s 9(2)). That "if not inconsistent" gloss introduces a fact‑sensitive interpretive step; practitioners should not assume a straight swap in every context, and the Code may need review for specific clauses that depend on VicForests’ former functions.

Short statutory timeframes for administrative responses

Production notices require compliance within 30 days (75A(2)(b)(iv)), albeit the authorised officer may grant an extension on reasonable grounds (75C). Suspension notice appeals must be made in writing within 7 days (57NG(2)). Those tight timelines affect evidence‑gathering and litigation strategy.

Suspension remains effective during appeal (57NG(4))

Crucially, the operation of a suspension notice continues pending the Magistrates’ Court decision unless the Court orders otherwise. Practically, that means an appellant cannot rely on an automatic stay; the suspension can extinguish operations during the appeal period.

Enforceable undertakings pause prosecution (75L(4))

If a person gives and complies with a Secretary‑accepted undertaking for conduct constituting contravention of s 96AA(1A), "no civil or criminal proceeding may be commenced" in relation to that conduct while the undertaking is in force. This is a double‑edged tool: it allows resolution short of prosecution but can also prevent competing parties from initiating proceedings during the undertaking's currency; ensure undertakings are carefully drafted and public register entries are watched (75N).

Seizure broadened to items "about to be used" (s 24)

The scope of seizure includes items an authorised officer believes on reasonable grounds "has been used, is being used or is about to be used." That anticipatory power raises operational risk for supply chain participants whose equipment, vehicles or other items could be seized on suspicion of imminent use in contravening activity.

Distinctions between natural persons and corporate bodies in production penalties (75I-75J; 75K)

The protection against self‑incrimination extends to natural persons only (75K). Corporations do not have that statutory protection and face higher penalties (100 penalty units) for non‑compliance or false production. Document handling protocols must account for this difference.

Interaction with Occupational Health and Safety and the Charter

The Act explicitly preserves primacy of the Occupational Health and Safety Act 2004 over the suspension/direction provisions (57NH). However, transitional regulations cannot override the Charter (s 15(3) and s 29(3)). Compliance programs must ensure OHS obligations are not sidelined by forestry directions, and any transitional regulation exercised should be checked against Charter constraints.

These are non‑exhaustive but material operational notes drawn from the Act’s text that will require attention in contract review, title due diligence, compliance processes and litigation planning.

Practical compliance steps for the principal affected parties,government agencies, licence/permit holders, contractors, land title holders and businesses in the timber supply chain,follow directly from duties and timelines created by the Act. Below are concrete, source‑grounded actions, mapped to specific provisions.

For licence and permit holders under section 52 (Forests Act)

Track and respond to directions and suspension notices: Ensure there is an operational procedure to receive, record and comply with directions from authorised officers under s 57NA and with suspension notices under s 57NB-57ND. Non‑compliance with a direction risks a 60 penalty unit fine (57NA(2)); failure to comply with a suspension notice where no appeal has been made risks 60 penalty units (57NF).
If issued a suspension notice, lodge an appeal in writing to the Magistrates' Court within 7 days (57NG(1)-(2)). Be prepared for the suspension to remain effective during the appeal unless the Court orders otherwise (57NG(4)). Practically, prepare an expedited case file and evidence to support an interlocutory application as the time window is short.

Document management and production obligations

Maintain searchable, auditable records: Put in place a document retention and retrieval protocol so documents relevant to compliance can be located and produced within the 30‑day period required by a production notice (75A). Ensure copies can be provided by registered post or reliable electronic transmission as permitted (75D).
Protect natural person rights: Train staff on the scope of the self‑incrimination protection (75K) and legal processes for asserting it. Corporate entities cannot rely on this excuse and face higher penalties for non‑compliance or false production (75I-75J).
Retention logistics: If documents are produced and an authorised officer retains them, ensure internal policies track the retention, secure receipt procedures (the officer must take reasonable steps to provide a receipt within 30 days under 75F) and prepare for potential forfeiture if return is impossible (75H).

Contractual and title due diligence

Review agreements with VicForests and counterparties: Where contracts, arrangements or pending proceedings involved VicForests, the Crown is substituted as party (s 6(d)-(e)). Parties should review contractual assignment, indemnity and termination clauses, reassess performance obligations, and consult legal counsel regarding whether the substitution materially changes rights or remedies.
Title checks on land registered to VicForests: Where land was registered to VicForests, s 6(b) converts that land to unalienated Crown land freed from encumbrances. Practitioners should obtain updated Register searches and liaise with the Registrar of Titles about required entries (s 8). If a client had an interest in such land, early legal advice is required given the extinguishment effect.

Enforceable undertakings and compliance remediation

Consider negotiated undertakings where appropriate: For persons alleged to have contravened s 96AA(1A), the Secretary may accept written undertakings (75L(1)-(3)). While an undertaking is in force, no civil or criminal proceeding may be commenced for the conduct covered (75L(4)). Use this mechanism where prompt remediation and avoidance of litigation is commercially preferable, but prepare for the Secretary’s ability to seek court enforcement and publicise failures to comply (75M).
Maintain internal registers to identify potential breaches that may be suitable for undertaking resolution and document corrective actions that an undertaking might require.

Operational risk and staff training

Train operational staff on interactions with authorised officers: Given the increased penalties for hindering, obstructing or threatening officers (s 26-27), ensure staff know how to behave when approached by authorised officers, including production of identification, provision of name and address and cooperating with lawful directions. Non‑compliance and hostile responses now carry higher penalty or imprisonment exposure.
Equipment and property safeguards: Because officers may seize items believed about to be used in contraventions (s 24), keep asset logs, GPS or telematics on vehicles/equipment and contracts showing legitimate uses to rebut any claim of imminent misuse.

Corporate governance and compliance oversight

Update corporate risk registers and compliance manuals to reflect the new liability profile, including the heightened penalties for commercial sale‑oriented harvests (s 96AA(1A)), production notice obligations and the potential for administrative suspensions to halt operations pending appeal.
Engage in regulatory monitoring: The Minister must publish sustainability criteria and indicators and the Secretary must report on them (40A-40C). Businesses should monitor Government Gazette publications and the Minister’s notices (40B), and assess impacts on operational approval criteria and future licensing.

Administrative coordination and public agency obligations

For government agencies and the Secretary: prepare for reporting obligations under s 40C, develop document registers for the enforceable undertakings register required by 75N, and coordinate with the Registrar of Titles (s 8) to effect land registry changes. The Minister should prepare for the required publications and any consultations needed for a Sustainability Charter (40E).
Transitional regulation watch: Given the two‑year transitional regulation power (s 15 and s 29), agencies and stakeholders should track any transitional regulations made under these powers and review them for retroactive obligations or exemptions.

Practical checklist summary (minimum initial steps)

Identify all contracts, lands and proceedings involving VicForests; notify counterparties and obtain legal advice on transfer/substitution effects (s 6).
Update document management systems to support production notices within 30 days; appoint an officer responsible for production responses (75A-75C).
Train site teams on authorised officer interactions and OHS primacy (57NA-57NH; 57NH preserves OHS Act).
Prepare an expedited litigation/appeal plan for any suspension notices (7‑day appeal window; 57NG).
Review asset logs and supply chains to reduce seizure risk (s 24).
Consider the enforceable‑undertaking pathway for alleged contraventions and monitor the Secretary’s register (75L-75N).
Track Ministerial determinations and Secretary reports under the new sustainability regime (40A-40D).

These steps are directly derived from the prescriptions and timelines in the Act. Parties should integrate them into pre‑existing compliance and legal workflows and consider targeted legal advice where proprietary rights, pending litigation or complex contractual obligations are implicated.

Sustainable Forests (Timber) Repeal Act 2024

Plain English Summary

Deep Dive

What it does

Current sections

Sustainable Forests (Timber) Repeal Act 2024

Source text: opening excerpt

1 Sustainable Forests (Timber) Repeal Act 2024

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply