Conservation, Forests and Lands (Infringement Notice) Amendment (Flora and Fauna Guarantee) Regulations 2021 (Vic)
Conservation, Forests and Lands (Infringement Notice) Amendment (Flora and Fauna Guarantee) Regulations 2021
S.R. No. 110/2021
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provision
3Commencement
4Principal Regulations
5Prescribed infringement offences
6Prescribed infringement penalties
7New Schedule 10 inserted
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Endnotes
STATUTORY RULES 2021
S.R. No. 110/2021
Conservation, Forests and Lands Act 1987
Conservation, Forests and Lands (Infringement Notice) Amendment (Flora and Fauna Guarantee) Regulations 2021
The Governor in Council makes the following Regulations:
Dated: 31 August 2021
Responsible Minister:
LILY D'AMBROSIO
Minister for Energy, Environment and Climate Change
ALEXANDRA DEBELJAKOVIC
Clerk of the Executive Council
1Objective
The objective of these Regulations is to amend the Conservation, Forests and Lands (Infringement Notice) Regulations 2013 to prescribe—
(a)offences against a relevant law for which an infringement notice may be served; and
(b)infringement penalties for those prescribed infringement offences.
2Authorising provision
These Regulations are made under section 99 of the Conservation, Forests and Lands Act 1987.
3Commencement
These Regulations come into operation on 1 September 2021.
4Principal Regulations
In these Regulations, the Conservation, Forests and Lands (Infringement Notice) Regulations 2013[1] are called the Principal Regulations.
5Prescribed infringement offences
In regulation 5 of the Principal Regulations, for "8 and 9" substitute "8, 9 and 10".
6Prescribed infringement penalties
In regulation 6 of the Principal Regulations, for "8 and 9" substitute "8, 9 and 10".
7New Schedule 10 inserted
After Schedule 9 to the Principal Regulations insert—
"Schedule 10—Flora and Fauna Guarantee
Regulations 5 and 6
| Column 1
| Column 2
| Column 3 Infringement Penalty |
| 1 | An offence against section 47(1) of the Flora and Fauna Guarantee Act 1988 | 5 penalty units |
| 2 | An offence against section 47B(1) of the Flora and Fauna Guarantee Act 1988 | 5 penalty units |
| 3 | An offence against section 48B of the Flora and Fauna Guarantee Act 1988 | 5 penalty units |
| 4 | An offence against section 52(1) of the Flora and Fauna Guarantee Act 1988 | 5 penalty units |
| 5 | An offence against section 53B of the Flora and Fauna Guarantee Act 1988 | 5 penalty units |
| 6 | An offence against section 56 of the Flora and Fauna Guarantee Act 1988 | 5 penalty units |
| 7 | An offence against section 58(2) of the Flora and Fauna Guarantee Act 1988 | 4 penalty units |
| 8 | An offence against section 59 of the Flora and Fauna Guarantee Act 1988 | 6 penalty units |
".
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Endnotes
[1] Reg. 4: S.R. No. 66/2013 as amended by S.R. Nos 98/2013, 116/2013, 40/2014, 98/2014, 191/2014, 90/2017, 91/2017, 2/2020, 6/2021 and 91/2021.
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Penalty Units
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2021 is $181.74.
The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
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