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
(c) all liabilities of VicForests existing immediately before that day become liabilities of the Crown; 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
(c) leave any matter or thing to be decided by a specified person or class of person; 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
(c) cancel the notice.
(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
(c) a day, not later than 30 days after the order is made, on which the order expires; 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;
(c) any other order that the Magistrates' Court considers appropriate in the circumstances.
(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);".
(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
(c) leave any matter or thing to be decided by a specified person or class of person; 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.".
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;
(c) the definition of timber resources 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 1978omit ", the Sustainable Forests (Timber) Act 2004".
(2) In section 55(2) of the Crown Land (Reserves) Act 1978omit "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 1958omit "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 1958omit "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 1958insert 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 1958omit "or timber resources".
(2) In section 79(2) of the Forests Act 1958omit "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 1958omit "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 1958omit "(other than timber resources within the meaning of the Sustainable Forests (Timber) Act 2004)".
(2) In section 96(m) of the Forests Act 1958omit "(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 1958omit ", 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 activitysubstitute—
"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).
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
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.