Conservation, Forests and Lands (Primary Industries Infringement Notices) Regulations 2013 (Vic)

Version No. 006

Conservation, Forests and Lands (Primary Industries Infringement Notices) Regulations 2013

S.R. No. 61/2013

Version incorporating amendments as at

1 February 2020

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provision

3Commencement

4Prescribed infringement offences

5Prescribed infringement penalties

Schedules

Schedule 1—Prescribed Wildlife (Game) infringement offences and infringement penalties

Schedule 3—Prescribed Safety on Public Land infringement offences and infringement penalties

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Endnotes

1      General information

2      Table of Amendments

3      Amendments Not in Operation

4      Explanatory details

Version No. 006

Conservation, Forests and Lands (Primary Industries Infringement Notices) Regulations 2013

S.R. No. 61/2013

Version incorporating amendments as at

1 February 2020

1Objective

The objective of these Regulations is to prescribe—

(a)the offences against a relevant law for which an infringement notice may be served;

(b)infringement penalties for those 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 23 June 2013.

4Prescribed infringement offences

(1)For the purposes of section 91(1) of the Conservation, Forests and Lands Act 1987, an offence specified in Column 2 of Schedule 1 is prescribed as an infringement offence.

(2)For the purposes of section 91(1) of the Conservation, Forests and Lands Act 1987, an offence specified in Column 2 of Schedule 3 that is committed in relation to timber harvesting operations in a public safety zone declared under section 4 of the Safety on Public Land Act 2004 published in Government Gazette S445 on 19 December 2012 is prescribed as an infringement offence.

5Prescribed infringement penalties

For the purposes of section 91(3) of the Conservation, Forests and Lands Act 1987, the prescribed infringement penalty for an infringement offence is the penalty set out in the corresponding entry of Column 3 of Schedules 1 and 3 in respect of that infringement offence.

Schedules

Schedule 1—Prescribed Wildlife (Game) infringement offences and infringement penalties

Regulations 4(1) and 5

In this Schedule—

the Act means the Wildlife Act 1975;

the Regulations means the Wildlife (Game) Regulations 2012[1].

Column 1 Item	Column 2 Prescribed Infringement Offence	Column 3 Infringement Penalty
1	An offence against section 22A(8) of the Act constituted by a contravention of regulation 19(1) of the Regulations	2 penalty units
2	An offence against section 22A(8) of the Act constituted by a contravention of regulation 19(2) of the Regulations	2 penalty units
3	An offence against section 22A(8) of the Act constituted by a contravention of regulation 23 of the Regulations	2 penalty units
4	An offence against section 28(1) of the Act	1 penalty unit
5	An offence against section 44(3) of the Act	2 penalty units
6	An offence against section 58C(1) of the Act	6 penalty units
7	An offence against section 58D of the Act	6 penalty units
8	An offence against regulation 11 of the Regulations	0×5 penalty units
9	An offence against regulation 30 of the Regulations	2 penalty units
10	An offence against regulation 32(1) of the Regulations	2 penalty units
11	An offence against regulation 33(1) of the Regulations	1×5 penalty units
12	An offence against regulation 36(1) of the Regulations	2 penalty units
13	An offence against regulation 36(2) of the Regulations	2 penalty units
14	An offence against regulation 36(3) of the Regulations	2 penalty units
15	An offence against regulation 37(1) of the Regulations	2 penalty units
16	An offence against regulation 38(1) of the Regulations	2 penalty units
17	An offence against regulation 39 of the Regulations	2 penalty units
18	An offence against regulation 40 of the Regulations	2 penalty units
19	An offence against regulation 42(1) of the Regulations	1×5 penalty units
20	An offence against regulation 43(1)(a) of the Regulations	2 penalty units
21	An offence against regulation 43(1)(b) of the Regulations	2 penalty units
22	An offence against regulation 43(1)(c) of the Regulations	2 penalty units
23	An offence against regulation 43(1)(d) of the Regulations	2 penalty units
24	An offence against regulation 44 of the Regulations	1 penalty unit
25	An offence against regulation 45(1) of the Regulations	2×5 penalty units
26	An offence against regulation 47 of the Regulations	2 penalty units
27	An offence against under regulation 48(1) of the Regulations	1 penalty unit
28	An offence against regulation 49(1) of the Regulations	2 penalty units
29	An offence against regulation 50(1) of the Regulations	2 penalty units
30	An offence against regulation 51 of the Regulations	2 penalty units
30A	An offence against regulation 51A of the Regulations	2 penalty units
30B	An offence against regulation 51B(1) of the Regulations	2 penalty units
31	An offence against regulation 52 of the Regulations	1 penalty unit
32	An offence against regulation 56(1) of the Regulations	1 penalty unit
33	An offence against regulation 56(2) of the Regulations	1 penalty unit
34	An offence against regulation 57 of the Regulations	1 penalty unit
35	An offence against regulation 58 of the Regulations	1 penalty unit
36	An offence against regulation 59 of the Regulations	1×5 penalty units
37	An offence against regulation 60 of the Regulations	1×5 penalty units
38	An offence against regulation 64(a) of the Regulations	1×5 penalty units
39	An offence against regulation 64(b) of the Regulations	1×5 penalty units
40	An offence against regulation 65 of the Regulations	1 penalty unit
41	An offence against regulation 66 of the Regulations	1 penalty unit
42	An offence against regulation 67(3) of the Regulations	1 penalty unit
43	An offence against regulation 68 of the Regulations	1 penalty unit
44	An offence against regulation 71(1) of the Regulations	2 penalty units
45	An offence against regulation 72(1) of the Regulations	2 penalty units

*                *                *                *                *

Schedule 3—Prescribed Safety on Public Land infringement offences and infringement penalties

Regulations 4(2) and 5

In this Schedule, the Act means the Safety on Public Land Act 2004.

Column 1 Item	Column 2 Prescribed Infringement Offence	Column 3 Infringement Penalty
1	An offence against section 12(1) of the Act	4 penalty units
2	An offence against section 12(2) of the Act	4 penalty units
3	An offence against section 13(1) of the Act	2 penalty units
4	An offence against section 13(2) of the Act	3 penalty units
5	An offence against section 14(3) of the Act	3 penalty units
6	An offence against section 15(a) of the Act	4 penalty units

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Endnotes

1   General information

See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.

The Conservation, Forests and Lands (Primary Industries Infringement Notices) Regulations 2013, S.R. No. 61/2013 were made on 18 June 2013 by the Governor in Council under section 99 of the Conservation, Forests and Lands Act 1987, No. 41/1987 and came into operation on 23 June 2013: regulation 3.

The Conservation, Forests and Lands (Primary Industries Infringement Notices) Regulations 2013 will sunset 10 years after the day of making on 18 June 2023 (see section 5 of the Subordinate Legislation Act 1994).

INTERPRETATION OF LEGISLATION ACT 1984 (ILA)

Style changes

Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.

References to ILA s. 39B

Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.

Interpretation

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

•     Headings

All headings included in a Statutory Rule which is made on or after

1 January 2001 form part of that Statutory Rule.  Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.

This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms. 

See section 36(1A)(2A)(2B).

•     Examples, diagrams or notes

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

•     Punctuation

All punctuation included in a Statutory Rule which is made on or after

1 January 2001 forms part of that Statutory Rule.  Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.

See section 36(3B).

•     Provision numbers

All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after

1 January 2001.  Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs.  See section 36(3C).

•     Location of "legislative items"

A "legislative item" is a penalty, an example or a note.  As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision.  For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision.  See section 36B.

•     Other material

Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule.  See section 36(3)(3D)(3E).

2   Table of Amendments

This publication incorporates amendments made to the Conservation, Forests and Lands (Primary Industries Infringement Notices) Regulations 2013 by statutory rules, subordinate instruments and Acts.

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Conservation, Forests and Lands (Infringement Notice) and (Primary Industries Infringement Notices) Amendment Regulations 2014, S.R. No. 40/2014

Date of Making:	27.5.14
Date of Commencement:	Reg. 7 on 28.5.14: reg. 3

Conservation, Forests and Lands (Primary Industries Infringement Notices) Amendment (Fisheries) Regulations 2014, S.R. No. 185/2014

Date of Making:	29.10.14
Date of Commencement:	30.10.14: reg. 3

Conservation, Forests and Lands (Primary Industries Infringement Notices) Amendment Regulations 2017, S.R. No. 88/2017

Date of Making:	29.8.17
Date of Commencement:	1.9.17: reg. 3

Conservation, Forests and Lands (Primary Industries Infringement Notices) Amendment Regulations 2018, S.R. No. 25/2018

Date of Making:	6.3.18
Date of Commencement:	7.3.18: reg. 3

Conservation, Forests and Lands (Fisheries Infringement Notices) Regulations 2020, S.R. No. 3/2020

Date of Making:	29.1.20
Date of Commencement:	Regs 7–9 on 1.2.20: reg. 3

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3   Amendments Not in Operation

Not updated for this publication.

4   Explanatory details

[1] Schedule 1: S.R. No. 99/2012 as amended by S.R. No. 161/2012.

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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 2019 is $165.22.

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.