Conservation, Forests and Lands (Infringement Notice) Miscellaneous Amendments Regulations 2022 (Vic)

Conservation, Forests and Lands (Infringement Notice) Miscellaneous Amendments Regulations 2022

S.R. No. 36/2022

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Principal Regulations

4Schedule 3 amended

5Schedule 4 amended

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Endnotes

STATUTORY RULES 2022

S.R. No. 36/2022

Conservation, Forests and Lands Act 1987

Conservation, Forests and Lands (Infringement Notice) Miscellaneous Amendments Regulations 2022

The Governor in Council makes the following Regulations:

Dated: 31 May 2022

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.

3Principal Regulations

In these Regulations, the Conservation, Forests and Lands (Infringement Notice) Regulations 2013[1] are called the Principal Regulations.

4Schedule 3 amended

(1)After item 11 in the table in Schedule 3 to the Principal Regulations insert—

"11A	An offence against section 96(e) of the Forests Act 1958	4 penalty units
11B	An offence against section 96(q) of the Forests Act 1958	4 penalty units
11C	An offence against section 96AA(1) of the Forests Act 1958	4 penalty units".

(2)After item 17 in the table in Schedule 3 to the Principal Regulations insert—

"17A	An offence against regulation 9(2A) of the Forests (Recreation) (Temporary) Regulations 2021	2 penalty units
17B	An offence against regulation 12(1) of the Forests (Recreation) (Temporary) Regulations 2021	5 penalty units
17C	An offence against regulation 12(2) of the Forests (Recreation) (Temporary) Regulations 2021	5 penalty units".

5Schedule 4 amended

(1)Items 5 to 35 in the table in Schedule 4 to the Principal Regulations are revoked.

(2)Items 171 to 209 in the table in Schedule 4 to the Principal Regulations are revoked.

(3)Items 247A to 247J in the table in Schedule 4 to the Principal Regulations are revoked.

(4)Items 305 to 308 in the table in Schedule 4 to the Principal Regulations are revoked.

(5)After item 326 in the table in Schedule 4 to the Principal Regulations insert—

"327	An offence against regulation 12 of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2021	2 penalty units
328	An offence against regulation 16(3) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2021	1 penalty unit
329	An offence against regulation 17(2) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2021	1 penalty unit
330	An offence against regulation 18(7) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2021	5 penalty units
331	An offence against regulation 19(3) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2021	2 penalty units
332	An offence against regulation 19(4) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2021	2 penalty units
333	An offence against regulation 20(2) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2021	1 penalty unit
334	An offence against regulation 21(4) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2021	3 penalty units
335	An offence against regulation 21(5) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2021	3 penalty units
336	An offence against regulation 22(2) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2021	3 penalty units
337	An offence against regulation 23(1) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2021	4 penalty units
338	An offence against regulation 23(4) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2021	4 penalty units
339	An offence against regulation 25(1) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2021	2 penalty units
340	An offence against regulation 26(1) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2021	2 penalty units
341	An offence against regulation 27(1) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2021	5 penalty units
342	An offence against regulation 27(2) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2021	5 penalty units
343	An offence against regulation 27(3) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2021	2 penalty units
344	An offence against regulation 28(2) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2021	2 penalty units
345	An offence against regulation 28(3) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2021	2 penalty units
346	An offence against regulation 29(1) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2021	5 penalty units
347	An offence against regulation 30(1) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2021	2 penalty units
348	An offence against regulation 30(2) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2021	2 penalty units
349	An offence against regulation 30(5) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2021	2 penalty units
350	An offence against regulation 30(8) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2021	2 penalty units
351	An offence against regulation 30(10) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2021	2 penalty units
352	An offence against regulation 31(1) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2021	2 penalty units
353	An offence against regulation 32(1) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2021	2⸱5 penalty units
354	An offence against regulation 33(1) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2021	2 penalty units
355	An offence against regulation 33(4) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2021	2 penalty units
356	An offence against regulation 33(5) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2021	2 penalty units
357	An offence against regulation 34(1) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2021	5 penalty units
358	An offence against regulation 35(1) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2021	2 penalty units
359	An offence against regulation 36 of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2021	2 penalty units
360	An offence against regulation 37(2) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2021	1 penalty unit
361	An offence against regulation 37(3) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2021	1 penalty unit
362	An offence against regulation 38(2) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2021	1 penalty unit
363	An offence against regulation 38(3) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2021	1 penalty unit
364	An offence against regulation 39(3) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2021	1 penalty unit
365	An offence against regulation 39(4) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2021	1 penalty unit
366	An offence against regulation 40(1) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2021	2 penalty units
367	An offence against regulation 41(1) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2021	2 penalty units
368	An offence against regulation 42(1) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2021	1 penalty unit
369	An offence against regulation 43 of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2021	2 penalty units
370	An offence against regulation 44(2) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2021	2 penalty units
371	An offence against regulation 44(3) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2021	2 penalty units
372	An offence against regulation 45(1) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2021	5 penalty units
373	An offence against regulation 45(2) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2021	5 penalty units
374	An offence against regulation 45(3) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2021	5 penalty units
375	An offence against regulation 46 of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2021	1 penalty unit
376	An offence against regulation 48(1) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2021	2⸱5 penalty units
377	An offence against regulation 48(2) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2021	1 penalty unit
378	An offence against regulation 48(3) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2021	1 penalty unit
379	An offence against regulation 48(4) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2021	1 penalty unit
380	An offence against regulation 48(5) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2021	4 penalty units
381	An offence against regulation 49(2) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2021	2 penalty units
382	An offence against regulation 49(3) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2021	2 penalty units
383	An offence against regulation 50(1) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2021	2 penalty units
384	An offence against regulation 51(1) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2021	2 penalty units
385	An offence against regulation 51(2) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2021	2 penalty units
386	An offence against regulation 52(1) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2021	2 penalty units".

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Endnotes

[1] Reg. 3: 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, 91/2021 and 110/2021.

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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.