Forests Act 1958 (Vic)

Version No. 149

Forests Act 1958

No. 6254 of 1958

Version incorporating amendments as at

26 November 2025

TABLE OF PROVISIONS

Section  Page

1Short title and commencement

3Definitions

3AApplication of Road Management Act 2004

3BTransport Integration Act 2010

3CFilming Approval Act 2014

3DTraditional owner agreement for natural resources

Department of Energy, Environment and Climate Action

Department of Conservation, Forests and Lands

4Forest produce is property of the Crown

5Business of the Secretary

6Minister, Secretary, Parks Victoria or Great Ocean Road Coast and Parks Authority not to control mining

7Restriction on cutting or removing timber or forest produce

8Power to Governor in Council to except certain areas from occupation under leases, licences etc.

Powers and duties of the Secretary

18General powers of Secretary, Parks Victoria and Great Ocean Road Coast and Parks Authority

18AAResponsibilities of the Secretary in State forest that is Parks Victoria recorded land or land managed by Great Ocean Road Coast and Parks Authority

18ASecretary and Parks Victoria to manage reserve land

18BObligations of Secretary and Parks Victoria in relation to Yarra River land

18CObligations of Secretary, Parks Victoria or Great Ocean Road Coast and Parks Authority in relation to declared areas

18DObligations of Secretary, Parks Victoria and Great Ocean Road Coast and Parks Authority in relation to the Great Ocean Road region

19Power to place forest produce on catchment areas under control of Secretary

20Other powers and duties of Secretary, Parks Victoria and Great Ocean Road Coast and Parks Authority

21Special powers of Secretary and Parks Victoria

22Working plans for State forests

26BConduct of forestry schools and sharing of facilities

27AEmployment of persons who are not public servants

28Management agreements with Traditional Owner Land Management Boards

29Power to authorise Chief Fire Officer to perform fire related activities

Purchase or taking of lands

38Power to acquire compulsorily land for certain forest purposes

Naming &c., Victorian timber &c.

40Power to make regulations as to classification grading and naming of Victorian timbers etc.

State forests

41Reserved forest and the Land Act 1958

42Reserved forests

45Future dedication of Crown land as reserved forests

46Notice of intention to dedicate

47Power to acquire land for forests

48Power to acquire private land for forests

49Excisions from reserved forest

50Power to declare land in reserved forests to be a forest park etc.

50AARevocation and further setting aside and declaration of land

50ASecretary may accept gift of certain lands subject to conditions

Leases, licences and management responsibilities

51Leases of land in reserved forests

52Licences and permits with respect to forests

52AANo compensation payable or proceedings able to be taken

53Power to submit certain leases licences or permits to auction or tender

54Lease etc. with respect to timber to contain condition as to insurance against loss by fire

55No compensation for improvements

56Dealing with interest in leased land

57Restriction of rights of lessees and licensees

57ALand to be managed consistently with joint management plan

57BLease of land to a generation company

57CIssue of licences over land to a generation company

57DAgreement with electricity company—reserved forest

57DALicences and permits with respect to offshore wind energy generation

Tour operator licences

57EOffence to conduct organised tour or recreational activity on Crown land in reserved forest if unlicensed

57FGrant of tour operator licence

57GApplication for tour operator licence

57HRequirement to pay annual licence fee after grant of tour operator licence

57ITour operator licence conditions

57JContravention of condition an offence

57KVariation of tour operator licence

57LSuspension of tour operator licence

57MMaking submissions on suspension

57NCancellation of tour operator licence

Timber in State forests

57NADirection relating to certain activities under licence or permit

57NBSuspension of certain activities under licence or permit

57NCContents of suspension notice

57NDNotice may include direction

57NEExpiry of suspension notice once matter remedied

57NFOffence not to comply with suspension notice

57NGAppeal against suspension notice

57NHOccupational Health and Safety Act 2004 prevails

Cutting or taking away fallen or felled trees for domestic use as firewood

57ODefinitions

57QOffence to cut or take away fallen or felled trees outside firewood collection area and season

57RPerson may nominate another to cut and take away fallen or felled trees for firewood

57SFirewood collection season

57TSecretary may vary firewood collection season

57USecretary may determine firewood collection areas

57VIdentification of firewood collection areas

57WOffence to cut or take away fallen or felled trees in firewood collection area unless a class member or nominated by class member

57XOffences as to amount of fallen or felled trees cut or taken away in a day

57YHousehold limit of fallen or felled trees cut or taken away in a financial year

57ZHousehold limit of fallen or felled trees cut and taken away in a financial year—offences relating to nominations

57ZASecretary may determine amount of fallen or felled trees cut and taken away in certain regions

57ZBOffence to exceed regional limit

57ZCOffence as to sale of fallen or felled trees

57ZDOffences relating to conduct in a firewood collection area

57ZEProduction of nomination if requested by authorised officer

57ZFNo offence if authorised by licence or authorisation etc. or regulations

Protected forests

58Proclamation of protected forests

59Protected trees in protected forests

60Reserved trees in protected forests

61Penalty for cutting reserved trees

Prevention of and protection from fire

61AChief Fire Officer

61BFunctions of Chief Fire Officer

61CImmunity

61DEmergency Management Victoria

61ECompliance with operational standards of Emergency Management Commissioner

61EAReport on compliance with operational standards developed by the Emergency Management Commissioner

61EBStrategic Action Plan

61FCompliance with incident management operating procedures

62Declaration of protected public lands

62AADuty to warn the community

62ASecretary may apply and use fire for land and resource management

62BAgreement required for Secretary to apply or use fire in national parks or on protected public land

62CSecretary may enter into agreements and arrangements relating to the prevention and suppression of fires and recovery from fires

63Restrictions as to lighting etc. fires in certain areas

64Absolute prohibition of use of fire when acute fire danger exists

65Enforcement of burning off etc. near State forest or national park

66Placing inflammable material for the purpose of causing fire etc.

66AOffence to leave certain campfires or barbeques unattended

66BOffences as to having clear areas around certain campfires or barbeques

66COffence as to campfires or barbeques above a certain size

67Duty to prevent spread of fire etc.

68Secretary may carry out clearing and preventive burning

70Provisions relating to offences against fire prevention provisions

71Liability of Secretary for damage caused by fire

72Immunity provision

Forest firefighters presumptive rights compensation

72ADefinitions

72BMeaning of occupational forest firefighter

72CMeaning of surge forest firefighter

72DConstruction of sections 72A to 72R

72ERebuttable presumption as to cause of certain diseases in relation to occupational forest firefighters

72FDetermination as to whether a forest firefighter is an occupational forest firefighter

72GDetermination of whether section 72E requirement is met

72HRebuttable presumption as to cause of certain diseases in relation to surge forest firefighters

72IDetermination as to whether a forest firefighter is a surge forest firefighter

72JDetermination of whether section 72H requirement is met

72KDetermination of the qualifying period

72LSpecial consideration

72MWhat is an exceptional exposure event?

72NApplication for special consideration

72ODetermination of application for special consideration

72PPayments

72QSelf-insurer to pay costs of advisory committee

72REstablishment of advisory committee

Maps

73Deposit of maps showing alterations in forests

General

74Power for Magistrates' Court to order removal of unauthorized buildings etc. in reserved forest

75Production of licence etc. on demand

75AProduction notice

75BProduction order to authorise production notice

75CApplication for extension of time

75DHow documents may be produced

75EPowers on production of documents

75FReceipt for retained documents

75GReturn of produced documents

75HForfeiture to the Crown

75IOffence to contravene production notice

75JOffence to provide false or misleading information

75KProtection against self-incrimination

75LEnforceable undertaking

75MEnforcement of undertaking

75NRegister of undertakings

76As to injuring trees on Crown lands the subject of a grazing licence

77Prohibition of cutting etc. timber etc. on certain roads without authority of Secretary

78Power of authorised officer

79Power to direct route for removal etc. of forest produce

80Payment of dues and charges

81Unbranded forest produce to be deemed to belong to Crown

82Presumption as to ownership of forest produce

83Search warrant for secreted forest produce

84Restriction on dealings by authorised officers

85Agistment fees chargeable for cattle in reserved forest

88Penalty for unauthorised occupation or depasturing on reserved forests

89Unbranded wild cattle to belong to Crown

91Plantations for Government schools

92Management of Government school plantation

94Returns by saw-millers

95Powers of entry by authorized officers etc.

95ARequirement to give name and address

95BAuthorised officers must identify themselves

95CPower to remove abandoned goods

95DOwner to be sought and goods returned

95EWhat if goods are not collected or claimed?

95FPower to seize items

95GReturn of seized items

95HRecovery of seized item and compensation

95IForfeiture to Crown

95JCourt may order forfeiture to the Crown

96Offences

96AAOffence to cut etc. timber in a State forest

96AOffence to hinder or obstruct an authorised officer

96BOffence to threaten or abuse an authorised officer

96DOffences not to apply for cutting or taking away fallen or felled trees for domestic use as firewood

96ECertain offences not to apply if acting under and in accordance with levee maintenance permit

96FOffence to construct, remove, alter, or carry out maintenance on, a levee within reserved forest

97General penalty for offence against Act

98Limitation of Supreme Court's jurisdiction—Sustainable Forests (Timber) Act 2004

Regulations

99Regulations

99ARegulation-making powers

99BInstruments may incorporate documents

100Power to make regulations as to eradication etc. of tree pests, diseases in timber etc.

100ATour operator licence regulations

100BRegulations for cutting or taking away fallen or felled trees in firewood collection areas during firewood collection seasons

100CRegulations for forest firefighters presumptive rights compensation

Transitional provisions

102Once only harvesting of pines in Otway Forest Park

105Transitional provision—Parks Victoria Act 2018

106Transitional provision for tour operator licences—Great Ocean Road and Environs Protection Amendment Act 2021

107Transitional provision—Forests Amendment (Forest Firefighters Presumptive Rights Compensation) Act 2021

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

Schedules

Second Schedule—Reserved forests

Third Schedule

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Endnotes

1     General information

2     Table of Amendments

3     Explanatory details

Version No. 149

Forests Act 1958

No. 6254 of 1958

Version incorporating amendments as at

26 November 2025

An Act to consolidate the Law for the Management and Protection of State Forests.

BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and the Legislative Assembly of Victoria in this present Parliament assembled and by the authority of the same as follows (that is to say):

1Short title and commencement

This Act may be cited as the Forests Act 1958, and shall come into operation on a day to be fixed by proclamation of the Governor in Council published in the Government Gazette.

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3Definitions

(1)In this Act, unless inconsistent with the context or subject-matter—

accepted recommendation means—

(a)in relation to a report under

section 23 or 26E of the Victorian Environmental Assessment Council Act 2001—

(i)the most recent Government response to the report published under section 25(4) or 26G(4) of that Act (if any); or

(ii)if such a Government response has been amended by an amendment published under section 26(5) or 26H(5) of that Act, that most recent response as amended; or

(b)if there is no response to which paragraph (a)(i) or (ii) applies, the most recent (if any) relevant recommendation of the Land Conservation Council under section 5(1) of the Land Conservation Act 1970 (as in force immediately before its repeal) applying to the land, of which notice has been given by the Governor in Council under section 10(3) of that Act (as so in force);

Act includes any regulation thereunder;

applicable work program means a work program (within the meaning of the Emergency Management Act 2013) that applies to the Secretary;

appointed land, in relation to a Traditional Owner Land Management Board, has the same meaning as in the Conservation, Forests and Lands Act 1987;

approvedGreat Ocean Road strategic framework plan has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;

authorised officer means a person appointed as an authorised officer for the purposes of this Act under—

(a)Part 9 of the Conservation, Forests and Lands Act 1987; or

(b)Part 3 of the Victorian Fisheries Authority Act 2016;

bee site licence area has the same meaning as it has in the Land Act 1958;

bee site licensee has the same meaning as it has in the Land Act 1958;

campfire or barbeque means a fire lit or kindled for the purpose of preparing meals or providing personal comfort, and includes a fire lit or kindled in an appliance designed and manufactured for cooking or heating;

cattle includes bulls cows oxen heifers calves steers horses mares geldings colts fillies asses mules pigs rams wethers ewes lambs goats and kids;

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Chief Fire Officer means the person employed under section 61A;

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declared area has the same meaning as in the Planning and Environment Act 1987;

Department has the same meaning as in the Conservation, Forests and Lands Act 1987;

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Emergency Management Commissioner has the same meaning as it has in section 3 of the Emergency Management Act 2013;

fallen or felled trees includes parts of fallen or felled trees;

film friendly principles has the same meaning as in the Filming Approval Act 2014;

film permit has the same meaning as in the Filming Approval Act 2014;

fire protected area means any land which is—

(a)within any State forest;

(b)within any national park;

(c)(unless excised pursuant to an Order under subsection (3) of this section or affected by a declaration made under subsection (4) of this section) within 1×5 kilometres of—

(i)any reserved forest or any area of unoccupied Crown land proclaimed as a protected forest pursuant to this Act or any corresponding previous enactment;

(ii)any national park; or

(iii)any protected public land;

(d)within any protected public land;

Fire Rescue Victoria has the same meaning as in section 3(1) of the Fire Rescue Victoria Act 1958;

fire services agency has the same meaning as in the Emergency Management Act 2013;

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firewood includes parts of trees made up into bundles stacks cords or loads or cut up in the manner in which it is usual to cut wood for burning and includes refuse wood generally;

firewood collection area means an area of State forest determined by the Secretary in accordance with section 57U to be a firewood collection area;

firewood collection season, in relation to a firewood collection area, means—

(a)a period referred to in section 57S if the period has not been varied under section 57T; or

(b)if the period referred to in section 57S has been varied under section 57T, the period as so varied;

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forest produce means—

(a)all parts of trees or plants, including any parts below the ground;

(b)the products of trees or plants, whether or not those products have become separated from those trees or plants prior to being harvested and includes—

(i)honey;

(ii)beeswax;

(iii)oil distilled from any species of eucalypt;

(iv)firewood;

(c)stone, gravel, limestone, lime, salt, sand, loam, clay or brick-earth—

but does not include—

(d)gold, silver, metals or minerals;

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Great Ocean Road coast and parks has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;

Great Ocean Road Coast and Parks Authority means the Authority established under Part 5 of the Great Ocean Road and Environs Protection Act 2020;

Great Ocean Road coast and parks protection principles has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;

Great Ocean Road region has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;

Great Ocean Road scenic landscapes area has the same meaning as in the Great Ocean Road and Environs Protection Act 2020;

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incident management operating procedures has the same meaning as it has in section 3 of the Emergency Management Act 2013;

inflammable material includes any sawdust offcuts bark stubble scrub or timber liable to be consumed by fire;

Inspector-General for Emergency Management has the same meaning as it has in section 3 of the Emergency Management Act 2013;

joint management plan has the same meaning as in the Conservation, Forests and Lands Act 1987;

land manager means—

(a)for land that is Parks Victoria recorded land, Parks Victoria; or

(ab)for land that is controlled and managed by the Great Ocean Road Coast and Parks Authority, the Great Ocean Road Coast and Parks Authority; or

(b)for all other land, the Secretary;

leaselicence permit or authority means any lease licence permit or authority respectively granted under any Act by the Governor in Council or any Minister or under this Act by the Governor in Council, the Minister or the land manager or any person authorized by the Governor in Council, the Minister or the land manager in that behalf;

liquid fuel, gaseous fuel or chemical solid fuel includes any manufactured fuel which can be ignited;

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national park means land that is or is part of a park within the meaning of the National Parks Act 1975;

Parks Victoria has the same meaning as in the Parks Victoria Act 2018;

Parks Victoria recorded land has the same meaning as in the Conservation, Forests and Lands Act 1987;

police officer has the same meaning as in the Victoria Police Act 2013;

prescribed means prescribed by this Act or any regulation thereunder;

production notice means a notice under section 75A;

production order means an order under section 75B;

prohibited period means—

(a)with respect to any State forest protected public land or national park—the whole year;

(b)with respect to any fire protected area other than a State forest protected public land or national park—a period declared by the Minister as hereinafter provided;

protected forest includes all unoccupied Crown land proclaimed as a protected forest pursuant to this Act or any corresponding previous enactment and every unused road and every water frontage as defined in the Land Act 1958;

protected public land means any lands of the Crown not being within a State forest or a national park declared to be protected public land pursuant to the provisions of subsection (1) of section 62 of this Act or deemed to be protected public land pursuant to subsection (1A) of section 62;

regulations means regulations under this Act;

reserved forest means reserved forest within the meaning of subsection (1) of section forty-two of this Act;

scrub includes trees bushes plants and undergrowth of all kinds and sizes whether alive or dead and whether standing or not standing, and also includes any part of any such trees bushes plants or undergrowth whether severed or not severed;

Secretary means the body corporate established by Part 2 of the Conservation, Forests and Lands Act 1987;

solidfuel includes—

(a)vegetation, wood, coal, coke;

(b)manufactured solid combustible material made from vegetation, wood, coal or coke, including but not limited to, paper, cardboard, sawdust or coal or coke by-products;

State Crisis and Resilience Council has the same meaning as it has in section 3 of the Emergency Management Act 2013;

State forest or forest includes reserved forests and protected forests;

Statement of Planning Policy has the same meaning as in the Planning and Environment Act 1987;

Strategic Action Plan has the same meaning as it has in section 3 of the Emergency Management Act 2013;

stubble includes stubble hay straw and herbage whether alive or dead and whether standing or not standing;

suspension notice means a notice under section 57NB;

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timber includes fallen trees felled trees and all wood whether sawn split hewn or otherwise fashioned;

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tour operator licence means a licence granted under section 57F.

traditional owner group has the same meaning as in the Traditional Owner Settlement Act 2010;

Traditional Owner Land Management Board has the same meaning as in the Conservation, Forests and Lands Act 1987;

tree or trees includes trees shrubs bushes seedlings saplings and reshoots whether alive or dead;

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Victorian Plantations Corporation has the same meaning as in the Victorian Plantations Corporation Act 1993;

working plan means a detailed scheme for the control and regulation of the working of a forest or any part thereof and for ensuring the maintenance of a sustained yield of forest produce therefrom;

Yarra protection principles has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017;

Yarra River land has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017;

Yarra Strategic Plan has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017;

Yarra Strategic Plan area has the same meaning as in the Yarra River Protection (Wilip-gin Birrarung murron) Act 2017.

(2)The Minister may from time to time by notice published in the Government Gazette declare any period to be a prohibited period in respect of any fire protected area (other than a State forest protected public land or national park) and, without affecting the generality of the foregoing, may from time to time by notice so published declare different prohibited periods in respect of different parts of any fire protected area (other than a State forest protected public land or national park), and any declaration so made may subsequently be revoked amended or varied by the Minister by notice so published.

(3)The Governor in Council may on the joint recommendation of the Minister and the Minister for Police and Emergency Services at any time by Order published in the Government Gazette excise from any fire protected area the whole or part of any urban fire districts proclaimed as such under the Country Fire Authority Act 1958 or any corresponding previous enactment.

(4)(a)  The Minister after consultation with the Secretary—

(i)may from time to time by notice published in the Government Gazette declare that any land within 1×5 kilometres of any reserved forest or of any area of unoccupied Crown land proclaimed as a protected forest pursuant to this Act or any corresponding previous enactment or of any national park or of any protected public land shall not be a fire protected area; and

(ii)may by notice so published revoke or from time to time amend or vary any declaration so made.

(b)No such declaration or revocation shall be made unless notice of the Minister's intention to make it has been given to the Minister for Police and Emergency Services not less than fourteen days before the making thereof and published in a newspaper circulating in the locality in which the land to be affected is situated.

Note

Land under this Act may be the subject of a land use activity agreement within the meaning of Part 4 of the Traditional Owner Settlement Act 2010.

3AApplication of Road Management Act 2004

(1)A road under this Act is a road for the purposes of the Road Management Act 2004 but is a public road for the purposes of that Act only if the road is a public road within the meaning it has in section 3(1) of the Road Management Act 2004.

(2)The relevant road authority for the purposes of the Road Management Act 2004 is, subject to any regulations for the purpose of section 37(1)(c) of the Road Management Act 2004—

(a)the person or body nominated for the purposes of this section in a notice published in the Government Gazette by the Minister administering this Act; or

(b)if no notice is published, the Secretary to the Department of Energy, Environment and Climate Action.

3BTransport Integration Act 2010

This Act is interface legislation within the meaning of the Transport Integration Act 2010.

3CFilming Approval Act 2014

This Act is filming approval legislation within the meaning of the Filming Approval Act 2014.

3DTraditional owner agreement for natural resources

(1)If a traditional owner group entity has an agreement under Part 6 of the Traditional Owner Settlement Act 2010, any provision of this Act that provides for an offence for carrying out an agreed activity (other than a provision specified in subsection (2)) does not apply to a member of the traditional owner group—

(a)who is bound by the agreement; and

(b)who is carrying out an agreed activity to which the offence applies in accordance with the agreement and on land to which the agreement applies.

(2)For the purposes of subsection (1) the following provisions are specified—

(a)section 63(1), (2), (4) and (6);

(b)section 64(2) and (4)(c);

(c)section 65(1) and (3);

(d)section 66;

(e)section 66A;

(f)section 66B;

(g)section 67;

(h)section 68;

(i)section 75;

(j)section 95(2);

(k)section 95A.

(3)For the purposes of this section—

(a)a reference in subsection (1) to this Act does not include a reference to the regulations; and

(b)to avoid doubt, subsection (1) does not prevent a provision of the regulations from providing for an offence for carrying out an agreed activity.

DEPARTMENT OF ENERGY, ENVIRONMENT AND CLIMATE ACTION

DEPARTMENT OF CONSERVATION, FORESTS AND LANDS

4Forest produce is property of the Crown

(1)All forest produce in State forest is the property of the Crown.

(2)Property in forest produce only passes from the Crown to another person in accordance with this Act.

(2A)Despite subsection (2), forest produce that is nectar, honey or beeswax may pass from the Crown to another person in accordance with the Land Act 1958.

(3)A right of any person (other than the Crown) to property in forest produce does not include a carbon sequestration right within the meaning of the Climate Change Act 2010.

5Business of the Secretary

(1)The Secretary shall subject to this Act have the exclusive control and management of—

(a)all matters of forest policy;

(b)the granting issuing and enforcing of all leases licences permits or authorities under this Act or any corresponding previous enactment;

(c)the collection and recovery of all rents fees royalties charges and revenue under this Act whether in respect of leases licences permits or authorities granted before or after the commencement of this Act; and

(d)the administration generally of this Act.

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6Minister, Secretary, Parks Victoria or Great Ocean Road Coast and Parks Authority not to control mining

Apart from section 7, nothing in this Act shall be construed as giving to the Minister for the time being administering the Conservation, Forests and Lands Act 1987, the Secretary, Parks Victoria, the Great Ocean Road Coast and Parks Authority or any authorised officer any powers duties or authorities with regard to doing work as defined in the Mineral Resources (Sustainable Development) Act 1990.

7Restriction on cutting or removing timber or forest produce

(1)Despite the Mineral Resources (Sustainable Development) Act 1990 or any licence, right or authority under that Act, no person shall cut or remove any timber or forest produce in any State forest except in accordance with the regulations under this Act.

(2)Despite the Mineral Resources (Sustainable Development) Act 1990 or any licence, right or authority under that Act the exercise of any rights to do work as defined in that Act within a State forest shall be subject to such conditions for the protection of the ecological condition of native forests as are prescribed or as the land manager considers appropriate to impose in any particular case.

(3)The Minister must not submit to the Governor in Council regulations proposed to be made under subsection (1) or (2), and the land manager must not impose any conditions under subsection (2), that prohibit or restrict, or require any consent or other authority to, the carrying out of exploration or mining within the meaning of the Mineral Resources (Sustainable Development) Act 1990 on any restricted Crown land within the meaning of that Act unless the Minister or the land manager (as the case requires) has consulted with the Minister administering that Act in relation to the content of the proposed regulations or conditions.

8Power to Governor in Council to except certain areas from occupation under leases, licences etc.

(1)The Governor in Council by notice published in the Government Gazette may—

(a)except any reserved forest or any specified portion thereof from occupation under any lease licence permit or authority granted under this Act; and

(b)revoke or amend such notice.

(2)Save to the extent to which such notice is amended no reserved forest or portion thereof so excepted and no lands included in the reserved forest or portion thereof so excepted shall after such exception be occupied or continue to be occupied under any such lease licence permit or authority under this Act until such exception is revoked.

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POWERS AND DUTIES OF THE SECRETARY

18General powers of Secretary, Parks Victoria and Great Ocean Road Coast and Parks Authority

Subject to this Act the land manager shall protect State forests and shall have the control and management of—

(a)State forests and plantations nurseries forest schools and industrial undertakings carried on under this Act and the forest produce of other Crown lands as provided in this Act; and

(b)the establishment maintenance improvement and renewal of forests plantations and tree‑nurseries and the distribution of trees therefrom and all tree‑planting—

(i)on Crown lands not vested in any corporation or trustees or not under the control or management of any council or committee of management; or

(ii)on public roads (other than freeways and arterial roads within the meaning of the Road Management Act 2004)—

when such tree-planting is subsidized by grants from the Consolidated Fund or the Forestry Fund or by gifts of trees from the Government or the Secretary.

18AA Responsibilities of the Secretary in State forest that is Parks Victoria recorded land or land managed by Great Ocean Road Coast and Parks Authority

Despite any other provision of this Act, the Secretary has responsibility for the following matters in any State forest that is Parks Victoria recorded land or land controlled and managed by the Great Ocean Road Coast and Parks Authority—

(a)all matters relating to fire;

(b)timber harvesting and the cutting or taking away of fallen or felled trees for domestic use as firewood;

(c)the power to enter into an agreement under section 28.

18ASecretary and Parks Victoria to manage reserve land

(1)Where any land temporarily or permanently reserved under section 4 of the Crown Land (Reserves) Act 1978 is placed under the control and management of the Secretary pursuant to section 18(1) of that Act the Secretary shall control manage and use the land for the purposes for which it is reserved.

(1A)The Secretary must control, manage and use land placed under the control and management of the Secretary under section 18(1B) of the Crown Land (Reserves) Act 1978 for the purposes for which it is reserved.

(1B)Parks Victoria must control, manage and use land placed under the control and management of Parks Victoria under section 18(1B) of the Crown Land (Reserves) Act 1978 for the purposes for which it is reserved.

(2)Subject to this section—

(a)the provisions of this Act, other than sections 42(6), 42(8), 47 and 49; and

(b)any regulations applying to and in relation to reserved forests generally—

shall apply to and in relation to the land under the control and management of the Secretary under subsection (1) as if the land were reserved forest.

(2A)Subject to this section—

(a)the provisions of—

(i)this Act, other than sections 42(6), 42(8), 47 and 49; and

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(iii)the Safety on Public Land Act 2004; and

(b)any regulations made under those provisions of those Acts and any regulations applying to and in relation to reserved forest generally—

apply to and in relation to the land to which subsection (1A) or (1B) applies as if the land were reserved forest and as if the land has been set aside and declared to be a forest park under section 50.

(3)Section 51 applies to—

(a)any land to which subsection (1) applies as if section 51 authorises the granting of a lease for the use of a kiosk, cafe or store or for scientific research or for a ski tow but for no other purpose; and

(b)any land to which subsection (1A) or (1B) applies as if section 51 authorises the granting of a lease for any purpose that is not detrimental to the purpose for which the land is reserved.

(3A)Section 52 applies to the land to which subsection (1A) or (1B) applies as if section 52 does not authorise the granting of a licence under section 52(1A)(d), (e), (f) or (g) for the purposes of sawlog or pulpwood production.

(3B)Section 21 applies to the land to which subsection (1A) or (1B) applies as if section 21 does not authorise the Secretary to exercise any of the Secretary's powers under section 21(1)(a), (b), (c) or (d) for the purposes of sawlog or pulpwood production.

(4)Notwithstanding subsections (1) and (2), where land is subject to an accepted recommendation the Secretary may give effect to the recommendation even if the recommendation conflicts with the purpose for which the land is reserved.

18BObligations of Secretary and Parks Victoria in relation to Yarra River land

(1)The land manager—

(a)must not act inconsistently with any part of a Yarra Strategic Plan that is expressed to be binding on the land manager when performing a function or duty or exercising a power under this Act in relation to Yarra River land; and

(b)must have regard to the Yarra protection principles, and those parts of a Yarra Strategic Plan not expressed to be binding on the land manager, when performing a function or duty or exercising a power under this Act in relation to the Yarra Strategic Plan area that may affect Yarra River land.

(2)Subsection (1) does not apply to the performance of a function or the exercise of a power by the land manager in relation to—

(a)a declared project within the meaning of the Major Transport Projects Facilitation Act 2009; or

(b)a Suburban Rail Loop project within the meaning of the Suburban Rail Loop Act 2021.

18CObligations of Secretary, Parks Victoria or Great Ocean Road Coast and Parks Authority in relation to declared areas

(1)The land manager or a committee of management appointed under section 50(3), when performing a function or duty or exercising a power under this Act in relation to a declared area—

(a)must not act inconsistently with any part

of a Statement of Planning Policy that is expressed to be binding on the land manager or the committee of management; and

(b)must have regard to those parts of the Statement of Planning Policy not expressed to be binding on the land manager or the committee of management; and

(c)must have regard to the principles set out in section 46AZL of the Planning and Environment Act 1987.

(2)Subsection (1) does not apply to the performance of a function or the exercise of a power by the land manager or the committee of management in relation to—

(a)a declared project within the meaning of the Major Transport Projects Facilitation Act 2009; or

(b)a Suburban Rail Loop project within the meaning of the Suburban Rail Loop Act 2021.

18DObligations of Secretary, Parks Victoria and Great Ocean Road Coast and Parks Authority in relation to the Great Ocean Road region

(1)The land manager, when performing a function or duty or exercising a power under this Act or any other Act—

(a)must not act inconsistently with any part of an approved Great Ocean Road strategic framework plan that is expressed to be binding on the land manager in relation to the Great Ocean Road scenic landscapes area; and

(b)must have regard to the Great Ocean Road coast and parks protection principles in relation to the Great Ocean Road coast and parks; and

(c)must have regard to those parts of an approved Great Ocean Road strategic framework plan not expressed to be binding on the land manager in relation to the Great Ocean Road region.

(2)Subsection (1) does not apply to the performance of a function or the exercise of a power by the land manager in relation to a declared project within the meaning of the Major Transport Projects Facilitation Act 2009.

19Power to place forest produce on catchment areas under control of Secretary

(1)The Governor in Council may by Order published in the Government Gazette direct that the forest produce on any catchment area now or hereafter managed or controlled by any Authority under the Water Act 1989 shall with the consent of such Authority subject to such conditions as the Governor in Council thinks fit be placed under the control and management of the Secretary.

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20Other powers and duties of Secretary, Parks Victoria and Great Ocean Road Coast and Parks Authority

(1)Subject to this Act the Secretary shall out of the moneys available for the purpose make provision for the following, namely—

(a)the preparation and carrying out of all forest surveys including such as are necessary for the demarcation of forests and for working plans;

(b)plans works and plant for the establishment maintenance improvement and renewal of natural forests and plantations of indigenous and exotic trees and plants and for harvesting timber-crops and other forest produce and for the prevention and suppression of fires within fire protected areas;

(c)plans works and plant for the utilisation of forest produce for the market and for the conversion manufacture and sale of forest produce and by-products thereof;

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(d)the preparation and issue of plans and publications for the advancement of forestry generally and for the encouragement of tree‑planting on municipal and private land;

(e)the training of authorised officers the conduct of research work and the collection of statistics in connexion with forestry; and

(ea)the promotion of technical knowledge in relation to any aspect of forestry;

(f)the provision of facilities for public recreation and for the protection of native flora and fauna in State forests;

(g)the promotion of good relations between the Secretary and the public.

(2)Subject to this Act, for Parks Victoria recorded land, Parks Victoria may make provision for the following out of the moneys available for the purpose—

(a)facilities for public recreation and for the protection of native flora and fauna in State forests; and

(b)the promotion of good relations between Parks Victoria and the public.

(3)Subject to this Act, for land controlled and managed by the Great Ocean Road Coast and Parks Authority, the Great Ocean Road Coast and Parks Authority may make provision for the following out of the moneys available for the purposes of—

(a)facilities for public recreation and for the protection of native flora and fauna in State forests;

(b)the promotion of good relations between the Great Ocean Road Coast and Parks Authority and the public.

21Special powers of Secretary and Parks Victoria

(1)Subject to this Act the Secretary may—

(a)permit the taking or converting of any timber or other forest produce in any State forest at not less than such minimum rates or amounts as are prescribed by or under this Act;

(b)take and sell any timber or forest produce in any State forest;

(c)convert any such timber into logs sawn timber or merchantable articles and sell the same;

(d)convert any such forest produce into merchantable articles and sell the same;

(e)construct and maintain roads tracks and tramways and other works for the transport of timber, forest produce and merchantable articles and purchase tramways and other works for such purposes and operate tramways or works so constructed or purchased and purchase rent or charter and use vehicles and vessels with the necessary motive power;

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(f)construct purchase or rent and operate sawmills and other mills and kilns and depots for seasoning timber and purchase or rent machinery and plant for the purposes of this section; and

(g)purchase cattle and depasture them on State forests and sell such cattle.

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(1A)Subject to this Act, the land manager, for any State forest, may—

(a)close by the erection of barriers either temporarily or, with the approval of the Governor in Council, permanently, the whole or any part of a relevant road, track, tramway or other works; or

(b)subject to any conditions, limitations and restrictions as are prescribed or as the land manager considers appropriate to impose, permit the use of any closed relevant road, track, tramway or other works by specified persons or for specified purposes or both; or

(c)without limiting paragraph (a), may authorise any authorised officer, either generally or in a particular case, to close to vehicular traffic any relevant road, track, tramway or other works by the erection of barriers, if the authorised officer considers it to be dangerous for use by the public.

(1B)For the purposes of subsection (1A), relevant road, track, tramway or other works means any road, track, tramway or other works—

(a)constructed or maintained by the land manager; or

(b)under the control of the land manager.

(2)The power to sell given by this section includes the power to sell by public auction or by tender or at not less than the rates or amounts prescribed by or under this Act.

(3)The powers conferred on the Secretary under this Act to construct purchase or operate tramways shall notwithstanding anything in any Act include power—

(a)to construct any such tramway or any part thereof on along or across any road or (where such tramway is proposed to be constructed wholly or partly on Crown land other than a State forest) on any route in or through such Crown land;

(b)to purchase any such tramway constructed wholly or partly on along or across any road; or

(c)to operate any such tramway.

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(5)Notwithstanding anything in this section no tramway or part thereof (as the case may be) proposed to be constructed pursuant to this section along any road which is under the care and management of any municipal council shall be so constructed unless with the consent of the said council or (failing such consent being given within three months after the receipt by the council of an application therefor) of the Governor in Council.

22Working plans for State forests

(1)The Secretary—

(a)shall prepare and cause to be put into operation working plans with respect to the control, maintenance, improvement, protection from destruction or damage by fire or otherwise, and removal of forest produce in and from each State forest and any part thereof;

(b)may from time to time revise any such working plan and shall cause the revised working plan to be put into operation; and

(c)forthwith after the preparation or revision of any such working plan shall submit the same to the Minister.

(2)Any such working plan shall specify the detailed plans for the protection of the area from fire and may specify—

(a)the maximum area from which forest produce may be taken annually;

(b)the maximum quantity of forest produce that may be disposed of annually;

(c)the silvicultural operations necessary to ensure the regeneration of the best species of forest trees on areas which have been cut over; and

(d)such other matters as the Secretary considers appropriate.

(3)Subsection (1) does not apply to State forest that is Parks Victoria recorded land or land controlled and managed by the Great Ocean Road Coast and Parks Authority except for the following matters—

(a)the protection from destruction or damage by fire or otherwise; or

(b)timber harvesting on the land and the harvesting is subject to an accepted recommendation.

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26BConduct of forestry schools and sharing of facilities

(1)The Secretary may co-operate with any university or college of advanced or tertiary education in conducting forest schools or courses of education or training in forestry and may share with any such university or college any land, buildings or other facilities belonging to the Secretary or managed or controlled by the Secretary.

(2)For the purposes of subsection (1) the Secretary may enter into any agreement or arrangement with any university or college with respect to the conduct of any forest school or course of education or training in forestry or for sharing any land, building or other facilities.

(3)Every agreement or arrangement referred to in subsection (2) shall be in writing and shall be subject to such conditions, limitations and restrictions as are prescribed or the Minister thinks fit to impose.

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27AEmployment of persons who are not public servants

(1)The Secretary or any committee of management or other authority created by this Act may employ persons or classes of persons who are not employed under Part 3 of the Public Administration Act 2004.

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28Management agreements with Traditional Owner Land Management Boards

(1)The Secretary may enter into a management agreement with a Traditional Owner Land Management Board for or relating to—

(a)the management of any land that is reserved forest and that is appointed land of that Board; or

(b)the carrying out of specified functions, powers or duties in relation to the management of any land that is reserved forest and that is appointed land of that Board.

(2)The Secretary must consult with Parks Victoria before entering into a management agreement under subsection (1) in relation to Parks Victoria recorded land.

(2A)The Secretary must consult with the Great Ocean Road Coast and Parks Authority before entering into a management agreement under subsection (1) in relation to land controlled and managed by the Great Ocean Road Coast and Parks Authority.

(3)In entering into a management agreement under subsection (1), the Secretary must have regard to any agreement entered into under Division 5 of Part 8A of the Conservation, Forests and Lands Act 1987 in relation to the land.

(4)If an agreement under subsection (1)—

(a)provides for a Traditional Owner Land Management Board to manage any land that is reserved forest and that would otherwise be managed by Parks Victoria under this Act or any other enactment, Parks Victoria does not have power to manage that land, to the extent of the agreement; or

(b)provides for a Traditional Owner Land Management Board to carry out any function, power or duty in relation to any land that is reserved forest and that would otherwise be carried out by Parks Victoria, Parks Victoria does not have power to carry out that function, power or duty, to the extent of the agreement.

(4A)If an agreement under subsection (1)—

(a)provides for a Traditional Owner Land Management Board to manage any land that is reserved forest and that would otherwise be controlled and managed by the Great Ocean Road Coast and Parks Authority under this Act or any other enactment, the Great Ocean Road Coast and Parks Authority does not have power to manage that land, to the extent of the agreement; or

(b)provides for a Traditional Owner Land Management Board to carry out any function, power or duty in relation to any land that is reserved forest and that would otherwise be carried out by the Great Ocean Road Coast and Parks Authority, the Great Ocean Road Coast and Parks Authority does not have power to carry out that function, power or duty, to the extent of the agreement.

(5)Subsections (4) and (4A) have effect despite any provision of this Act or any other enactment to the contrary.

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29Power to authorise Chief Fire Officer to perform fire related activities

The Secretary may, in writing, authorise the Chief Fire Officer to perform any functions of the Secretary in respect of fire related activities in every State forest, national park or on protected public land.

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PURCHASE OR TAKING OF LANDS

38Power to acquire compulsorily land for certain forest purposes

(1)The Minister may purchase by agreement or compulsorily acquire any land required for the purposes of the Secretary—

(a)for securing ingress egress and regress to and from any reserved or protected forest;

(b)for the use maintenance or transmission of mechanical hydraulic or electric power as a means of transporting forest produce or for operating or lighting any sawmill plant or machinery or other industrial undertaking in a State forest; or

(c)for the construction of tramways roads or tracks in or in the vicinity of any State forest—

to an extent not exceeding 20 metres in width over the whole length of the land required for any such purpose.

(2)The Minister may purchase by agreement or compulsorily acquire any land required—

(a)for the due conservation and proper working of State forests and plantations;

(b)for the protection of State forests and plantations from sand-drifts upon such land; or

(c)for the prevention or minimising of erosion by rivers streams rain or wind of the soil of State forests or plantations by the planting of such land with trees or grasses or otherwise.

(2A)The Governor in Council may by Order published in the Government Gazette dedicate any land purchased or compulsorily acquired under subsection (2) as a reserved forest.

(3)The Land Acquisition and Compensation Act 1986 applies to this Act and for that purpose—

(a)the Forests Act 1958 is the special Act; and

(b)the Minister is the Authority.

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NAMING &C., VICTORIAN TIMBER &C.

40Power to make regulations as to classification grading and naming of Victorian timbers etc.

(1)The Governor in Council may make regulations for or with respect to the classification grading and naming for the purposes of this Act of any timbers obtained from trees grown in Victoria whether indigenous or not (hereinafter called Victorian timber) and of any other forest produce.

(2)On any sale or in any contract for the sale of Victorian timber of any kind or of any forest produce of any kind every person who on or after a date to be proclaimed for the purpose by the Governor in Council by proclamation published in the Government Gazette knowingly describes any such kind of timber or forest produce—

(a)by any other name than the name prescribed as the true name of such kind of timber or forest produce by the regulations; or

(b)as being of any other class or grade of such kind of timber or forest produce than the class or grade prescribed by the regulations for timber or forest produce of that kind of the same average quality—

shall be liable to a penalty of not more than 5 penalty units.

STATE FORESTS

41Reserved forest and the Land Act 1958

(1)Notwithstanding anything contained in the Land Act 1958 it shall not be lawful for the Governor in Council by virtue of the said Act at any time to increase or diminish the area of any reserved forest or to grant a right to occupy as a residence area or a lease or licence of or in respect of any Crown land within any reserved forest.

(2)Nothing in subsection (1) affects the ability of the Minister administering the Land Act 1958 to grant a bee site licence over reserved forest in accordance with that Act.

42Reserved forests

(1)Subject to any adjustment of boundaries made as hereinafter provided and subject to any excision made under any repealed Act or enactment—

(a)all unoccupied Crown land within the areas mentioned in the Second Schedule to this Act;

(b)all land dedicated as permanent forests or as timber reserves before the commencement of the Forests (Further Amendment) Act 1962 pursuant to any enactment repealed by that Act or any corresponding previous enactment; and

(c)all land dedicated pursuant to this Act after the said commencement as reserved forests—

shall be reserved forests.

(2)A reserved forest or any part thereof shall not be alienated either wholly or in part for any estate in fee simple or for any lesser estate save as hereinafter expressly provided.

(3)Every conveyance and alienation of a reserved forest or any part thereof in contravention of this section shall be absolutely void as well as against His Majesty as against all other persons whomsoever.

(4)Subject to subsection (4B), except under and pursuant to this Act no lease or licence or permit or authority (other than for carrying out exploration or mining within the meaning of the Mineral Resources (Sustainable Development) Act 1990) shall be granted or issued over or in respect of any reserved forest.

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(4B)Nothing in subsection (4) prevents a bee site licence being granted under the Land Act 1958 over reserved forest.

(5)For the purposes of this and the next succeeding section Crown land shall be deemed to be unoccupied notwithstanding that a grazing licence or an agricultural licence has either before or after the commencement of this Act been granted by the Governor in Council or the Minister in respect of the whole or any part thereof.

(6)The Governor in Council may at any time on the joint recommendation of the Minister and the Minister administering the Mineral Resources (Sustainable Development) Act 1990 excise either temporarily or permanently from any reserved forest any portion thereof which is required for public use as mineral or medicinal springs, or for reservation for visitors to any waterfalls, caves, or places of natural beauty or interest or as health resorts or for sites for townships or for State schools, or for providing roads and means of access thereto or for irrigation purposes or water supply purposes. Any land so excised for water supply purposes may be vested by the Governor in Council (subject to such terms conditions and reservations as he may think fit) in any Authority under the Water Act 1989.

(7)No Order in Council may be made under the preceding subsection until a copy of such proposed order has been published in the Government Gazette and been laid before Parliament for at least one month, and until a copy of such proposed order has been forwarded to each member of Parliament.

(8)Notwithstanding anything in this section the Governor in Council may acquire by exchange of land dedicated as a reserved forest—

(a)any alienated land or any Crown land licensed or leased with an inchoate right of purchase; or

(b)any land, public or private, and whether vested in trustees or otherwise—

and may execute the proper conveyances accordingly, and may by Order published in the Government Gazette dedicate the land as a reserved forest but no Order in Council for the acquisition by exchange of any Crown land licensed or leased with an inchoate right of purchase shall be made unless on the recommendation of the Secretary.

(9)For the purposes of this and the next succeeding section and of dedication of areas of unoccupied mountainous Crown lands pursuant to this Act, Crown land shall be deemed to be unoccupied notwithstanding that—

(a)(whether before or after the commencement of this Act) such land or any part thereof has been under the Mines Act 1958 or any corresponding previous enactment or under Division eleven of Part I of the Land Act 1958 or any corresponding previous enactment—

(i)registered or granted as a residence area; or

(ii)occupied as a residence area or under a business licence; or

(b)after the commencement of the Forests Act 1907 a lease or licence of or a permit in respect of such land or any part thereof has been granted pursuant to section fifty-one or section fifty-two of this Act or any corresponding previous enactment.

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45Future dedication of Crown land as reserved forests

(1)The Governor in Council may on the recommendation of the Minister at any time by Order published in the Government Gazette dedicate any area of Crown land as a reserved forest.

(2)Without prejudice to the powers contained in subsection (1) the Governor in Council may subject to this Act upon the joint recommendation of the Minister, the Minister for the time being administering the Water Act 1989 and the Minister for the time being administering the Mineral Resources (Sustainable Development) Act 1990 and after the publication of notice of intention to dedicate the same as provided in section 46 dedicate as reserved forests all or any of the areas of unoccupied mountainous Crown lands forming the upper watersheds of permanent streams within Victoria.

46Notice of intention to dedicate

Before any land is so dedicated notice of intention to dedicate the same shall be published in some newspaper circulating in the neighbourhood wherein such land is situate.

47Power to acquire land for forests

The Governor in Council may acquire by exchange or if so authorized by Parliament may acquire by purchase or resumption or otherwise any alienated land or any land licensed or leased with an inchoate right of purchase (and in the case of the acquisition of land by exchange may execute the proper conveyances accordingly) and may by Order published in the Government Gazette dedicate the same as a reserved forest.

48Power to acquire private land for forests

(1)Notwithstanding anything contained in the last preceding section or in any Act the Governor in Council may without further or other authority than this Act purchase for the Crown any land which at any time is required by the Department for the purposes of this Act, whether such land is alienated from the Crown or is land held under a licence or lease from the Crown with an inchoate right of purchase and may by Order published in the Government Gazette dedicate the same as a reserved forest. Not more than $3 000 000[5] shall be expended under this subsection in any one financial year without the express sanction of Parliament.

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49Excisions from reserved forest

(1)Notwithstanding anything in the Land Act 1958 or this Act, on the application of the Minister made after reference in writing to and consultation with the Minister for the time being administering the Water Act 1989 and the Minister for the time being administering the Mineral Resources (Sustainable Development) Act 1990, the Governor in Council by Order made without the special authority of an Act of Parliament other than this Act may authorize the excision of any area of land described in the Order permanently from any reserved forest; and a copy of every such Order shall be published in the Government Gazette.

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(3)On the fourteenth day after the publication of the copy of any such Order in the Government Gazette, such Order shall come into force, whereupon—

(a)the area of land therein described in the reserved forest shall on a date to be specified in such Order be excised from the reserved forest as if it had been excised therefrom by Act of Parliament and thereupon the said area of land shall be deemed to be and may be dealt with as unoccupied Crown land.

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50Power to declare land in reserved forests to be a forest park etc.

(1)The Governor in Council may by Order published in the Government Gazette at any time set aside and declare to be a forest park state park regional park multi-purpose park wilderness education area historic area flora and fauna reserve flora reserve scenic reserve alpine reserve roadside reserve or a reserve for any other purpose any land being the whole or any portion of a reserved forest and may at any time by the like Order revoke or vary any Order so made.

(2)Where pursuant to subsection (1) of this section any land is set aside which is subject to a licence or permit granted under this Act for the grazing of cattle the Minister may after giving not less than three months' notice in writing to the holder of the licence or permit of the Minister's intention to do so cancel the licence or permit so far as it relates to that land and all rights and privileges conferred by the licence or permit with respect to that land shall cease accordingly.

(3)(a) The Minister on the recommendation of the Secretary may appoint to be a committee of management or an advisory committee in relation to any land set aside pursuant to the provisions of subsection (1)—

(i)any three or more persons;

(ii)any municipal council or any councillor;

(iii)any board, committee, commission, trust or other body corporate or unincorporate established by or under any Act for a public purpose;

(iv)a company within the meaning of the Corporations Act that—

(A)is taken to be registered in Victoria; and

(B)is registered under section 150, or has a licence in force under section 151, of that Act;

(v)any combination of such persons and bodies;

(vi)any one of the corporations or bodies referred to in subparagraph (ii), (iii) or (iv) together with an authorised officer—

and may at any time remove any of those persons or bodies from office.

(b)Where a corporation is appointed under this subsection with some other person or body to be a committee under this section the corporation shall appoint one of its members to act as the agent of the corporation for all purposes.

(4)The members of a committee of management or an advisory committee appointed under this section who are not employees in the public service shall subject to such conditions as he may determine be entitled to receive such travelling allowances as are fixed by the Governor in Council.

(4A)A committee of management appointed under subsection (3), that is constituted by Parks Victoria, by instrument, may delegate to any of the following persons or bodies any function, power or duty of the committee of management under this Act, other than this power of delegation—

(a)a member of Parks Victoria;

(b)a committee, established under the Parks Victoria Act 2018, consisting only of members of Parks Victoria;

(c)the chief executive officer or an employee, or class of employee, of Parks Victoria;

(d)the Secretary;

(e)a person or a class of person employed under the Public Administration Act 2004 in the administration of this Act.

(4B)A committee of management appointed under subsection (3) that is constituted by the Great Ocean Road Coast and Parks Authority, by instrument, may delegate to any of the following persons or bodies any function, power or duty of the committee of management under this Act, other than this power of delegation—

(a)a member of the Great Ocean Road Coast and Parks Authority;

(b)the chief executive officer or an employee, or class of employee, of the Great Ocean Road Coast and Parks Authority;

(c)a person or a class of person employed under Part 3 of the Public Administration Act 2004 in the administration of this Act.

(5)The Governor in Council may make regulations for or with respect to—

(a)the care protection and management of such land by the land manager or the committee of management;

(aa)regulating the entry upon such land of persons and prohibiting or regulating the entry upon such land of vehicles and the landing of helicopters and other aircraft and prescribing the periods during which persons, vehicles, helicopters or other aircraft may remain upon or over that land;

(ab)regulating and controlling the use of such land by the public and prescribing conditions to be observed by persons using such land;

(b)the preservation of good order and decency therein;

(ba)prohibiting or restricting the bringing upon any such land or allowing the entry thereon of any animal included in a specified class of animals or imposing conditions subject to compliance with which such an animal is permitted to be brought into, allowed to enter or to remain upon such land and where regulations are in force prohibiting the bringing into or entry upon that land of specified animals the regulations may permit an authorised officer, where he is satisfied upon reasonable grounds that an animal has been brought into or entered upon that land in contravention of these regulations and is at large upon the land, to shoot or otherwise destroy the animal speedily and without causing it unnecessary suffering;

(bb)the setting aside of areas of that land for specific purposes, including prohibiting or regulating—

(i)access to and entry onto those areas; and

(ii)activities in, or the use of, those areas;

(c)the provision of services on such land by the land manager or the committee of management and the conditions under which any service so provided shall be available to or be used by any person;

(ca)the carrying out of works and improvements on such land by the land manager or the committee of management;

(cb)the health and safety of persons on such land or occupying or using any building or any part of a building thereon;

(cc)the inspection and approval by the land manager or committee of management of plans and specifications for buildings or extensions or alterations to buildings required or permitted to be erected or made on such land under any lease licence or permit granted under section fifty-one or section fifty-two of this Act and the supervision by the land manager or committee of management of the erection or making thereof;

(cd)the giving to the land manager or committee of management before any such building extension or alteration is commenced of security by way of a deposit of money or otherwise for the proper carrying out and completion of the work and the amount or value of the security;

(d)the employment of officers servants and workmen by the committee of management;

(e)the imposition collection and receipt of tolls fees rents or other charges by the land manager or the committee of management for or in respect of—

(i)entry upon such land or any specified part thereof;

(ii)use of such land or any part thereof or any improvement thereon;

(iii)the construction and maintenance on such land by the land manager or the committee of management of roads or streets drainage works sewerage works water supply works and electricity supply works;

(iv)the supply of water and electricity and any other service whatever (whether of a similar or different kind) provided by the land manager or the committee of management on such land or in connexion with the use of such land or any building or improvement thereon; and

(v)the examination and approval of plans for any new building or any extension or alteration to any building to be erected or made under any lease licence or permit granted under section 51 or 52—

but so that no toll fee rent or charge imposed by any regulation made under subparagraphs (i), (ii) or (iii) shall be payable by any person who holds a lease licence or permit in respect of any such land which was granted under section 52(1)(a)(ii), (iii) or (iv);

(f)the expenditure of any moneys received by the land manager or the committee of management in respect of any such land.

(5A)The Minister must not submit to the Governor in Council regulations proposed to be made under subsection (5) that prohibit or restrict, or require the consent of the Minister to, the carrying out of exploration or mining within the meaning of the Mineral Resources (Sustainable Development) Act 1990 on land set aside under subsection (1) that is restricted Crown land within the meaning of that Act unless the Minister has consulted with the Minister administering that Act in relation to the content of the proposed regulations.

(6)Any moneys received by the land manager pursuant to any regulation made under this section shall be paid into a special trust fund kept in the Treasury for the purpose, and shall be available for—

(a)the repayment of loans made for the provision of services and the carrying out of works and improvements on any such land, the payment of interest on such loans and the maintenance and extension of such services works and improvements; and

(b)the provision and extension of other services and carrying out maintaining and extending other works and improvements on any such land.

(7)Despite subsection (6), any moneys received by the Great Ocean Road Coast and Parks Authority pursuant to any regulation made under this section is to be paid into the Great Ocean Road Coast and Parks Account established under section 62A of the Great Ocean Road and Environs Protection Act 2020.

(8)A lessee or licensee of land within any reserve or the holder of any licence or permit relating to a reserve shall be liable to pay to the committee of management of the reserve or to the land manager (as the case requires) such amount as is fixed either generally or in any particular case by the committee of management with the approval of the Secretary or by the land manager and approved by the Minister—

(a)as an appropriate contribution towards the costs incurred by the committee or the land manager in providing facilities, amenities and services for that lessee, licensee or holder and the operation and maintenance of any such facilities, amenities and services or for community purposes;

(b)as an annual contribution towards the costs incurred by the committee or by the land manager in providing operating and maintaining any such facilities, amenities and services or any one or more or any combination of any such activities.

(9)Amounts payable under subsection (8) shall be payable as prescribed by the regulations and may in default of payment be recovered as a debt due to the Crown.

(10)The Governor in Council may—

(a)annually appoint a registered company auditor to audit the accounts and records of any committee of management; or

(b)in respect of any particular committee of management, direct that the accounts of the committee of management be audited by the Auditor-General and, if so—

(i)the Auditor-General and any person assisting the Auditor-General has in respect of the audit all the powers conferred on the Auditor-General by any law relating to the audit of the Public Account; and

(ii)the committee of management must pay to the Consolidated Fund an amount determined by the Auditor-General to defray the costs and expenses of the audit.

(11)A registered company auditor appointed under subsection (10)(a) is entitled to be paid by the committee of management such remuneration as the Governor in Council determines.

50AA   Revocation and further setting aside and declaration of land

(1)If a land agreement provides that land that is the subject of the agreement is to be set aside and declared for the purpose specified in the agreement, the Minister may recommend to the Governor in Council that any determination under section 50 in respect of the land be revoked and that the land be set aside and declared for the purposes set out in the recommendation.

(2)On receiving a recommendation of the Minister under subsection (1), the Governor in Council may, by Order in Council, revoke any determination under section 50 in respect of the land and set aside and declare the land for the purposes set out in the Order in Council.

(3)The Minister must take all reasonable steps to make a recommendation under subsection (1), to give effect to the land agreement.

(4)This section has effect despite anything to the contrary in any other provision of this Act.

(5)In this section land agreement has the same meaning as in the Traditional Owner Settlement Act 2010.

50ASecretary may accept gift of certain lands subject to conditions

(1)Where it appears to the Secretary that any land offered as a gift or devise under this section would be suitable for setting aside under section 50 if the land were reserved forest the Secretary may accept a gift or devise of the land subject to a condition entitling the donor or testator or a nominee of the donor or testator to occupy the land during the lifetime of the donor or nominee or for any other specified period where in the opinion of the Secretary it is expedient to do so for or in connexion with giving effect to the objects of this Act.

Forests (Timber Harvesting) Act 1990, No. 82/1990

Assent Date:	11.12.90
Commencement Date:	11.12.90
CurrentState:	All of Act in operation

Mineral Resources Development Act 1990, No. 92/1990

Assent Date:	18.12.90
Commencement Date:	S. 128(Sch. 1 items 12.1–12.8) on 6.11.91: Government Gazette 30.10.91 p. 2970
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Victorian Plantation Corporation Act 1993, No. 61/1993

Assent Date:	8.6.93
Commencement Date:	S. 34 on 1.7.93: Government Gazette 24.6.93 p. 1596
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Mineral Resources Development (Amendment) Act 1993, No. 86/1993

Assent Date:	3.11.93
Commencement Date:	S. 41 on 17.1.94: Government Gazette 16.12.93 p. 3317
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Financial Management (Consequential Amendments) Act 1994, No. 31/1994

Assent Date:	31.5.94
Commencement Date:	S. 3(Sch. 1 items 30.1, 30.2) on 7.7.94: Government Gazette 7.7.94 p. 1878—see Interpretation of Legislation Act 1984
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Catchment and Land Protection Act 1994, No. 52/1994

Assent Date:	15.6.94
Commencement Date:	S. 97(Sch. 3 item 13) on 15.12.94: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Impounding of Livestock Act 1994, No. 89/1994

Assent Date:	6.12.94
Commencement Date:	6.12.94
CurrentState:	All of Act in operation

Crown Lands Acts (Amendment) Act 1994, No. 96/1994

Assent Date:	13.12.94
Commencement Date:	Pt 1 (ss 1, 2) on 13.12.94: s. 2(1); rest of Act (ss 3–59) on 26.1.95: Government Gazette 26.1.95 p. 163
CurrentState:	All of Act in operation

Plant Health and Plant Products Act 1995, No. 51/1995

Assent Date:	14.6.95
Commencement Date:	S. 75 on 14.6.96: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

National Parks (Yarra Ranges and Other Amendments) Act 1995, No. 57/1995

Assent Date:	20.6.95
Commencement Date:	S. 46 on 15.12.95: Government Gazette 14.12.95 p. 3488
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Extractive Industries Development Act 1995, No. 67/1995 (as amended by No. 74/2000)

Assent Date:	17.10.95
Commencement Date:	Pt 1 (ss 1–7), s. 60(1)(2) on 17.10.95: s. 2(1); rest of Act on 1.6.96: Special Gazette (No. 60) 31.5.96 p. 4
CurrentState:	All of Act in operation

Electricity Industry (Further Amendment) Act 1995, No. 79/1995

Assent Date:	28.11.95
Commencement Date:	S. 32 on 28.11.95: Special Gazette (No. 116) 28.11.95 p. 1
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Electricity Industry (Further Amendment) Act 1996, No. 48/1996

Assent Date:	26.11.96
Commencement Date:	26.11.96: s. 2
CurrentState:	All of Act in operation

Electricity Industry (Further Miscellaneous Amendment) Act 1997, No. 55/1997

Assent Date:	21.10.97
Commencement Date:	Ss 26, 27 on 21.10.97: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Alpine Resorts (Management) Act 1997, No. 89/1997

Assent Date:	9.12.97
Commencement Date:	S. 72 on 30.4.98: Government Gazette 30.4.98 p. 926
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Audit (Amendment) Act 1997, No. 93/1997

Assent Date:	16.12.97
Commencement Date:	S. 28(Sch. item 14) on 1.7.98: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Victorian Plantations Corporation (Amendment) Act 1998, No. 35/1998

Assent Date:	19.5.98
Commencement Date:	S. 15 on 26.6.98: Government Gazette 25.6.98 p. 1561
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Public Sector Reform (Miscellaneous Amendments) Act 1998, No. 46/1998

Assent Date:	26.5.98
Commencement Date:	S. 7(Sch. 1) on 1.7.98: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Conservation, Forests and Lands (Miscellaneous Amendments) Act 1998, No. 76/1998

Assent Date:	10.11.98
Commencement Date:	S. 10 on 15.12.98: s. 2(5)
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Transfer of Land (Single Register) Act 1998, No. 85/1998 (as amended by No. 76/1998)

Assent Date:	17.11.98
Commencement Date:	S. 24(Sch. item 25) on 1.1.99: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Audit (Amendment) Act 1999, No. 53/1999

Assent Date:	14.12.99
Commencement Date:	S. 26(Sch. item 12) on 1.1.00: Government Gazette 23.12.99 p. 2764
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Water Industry (Amendment) Act 2000, No. 66/2000

Assent Date:	8.11.00
Commencement Date:	S. 55 on 15.4.99: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Electricity Industry Legislation (Miscellaneous Amendments) Act 2000, No. 69/2000

Assent Date:	21.11.00
Commencement Date:	S. 53 on 1.1.01: s. 2(4)
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Statute Law Revision Act 2000, No. 74/2000

Assent Date:	21.11.00
Commencement Date:	S. 3(Sch. 1 item 52) on 22.11.00: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Statute Law Amendment (Authorised Deposit-taking Institutions) Act 2001, No. 11/2001

Assent Date:	8.5.01
Commencement Date:	S. 3(Sch. item 27) on 1.6.01: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Corporations (Consequential Amendments) Act 2001, No. 44/2001

Assent Date:	27.6.01
Commencement Date:	S. 3(Sch. item 49) on 15.7.01: s. 2
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Auction Sales (Repeal) Act 2001, No. 84/2001

Assent Date:	11.12.01
Commencement Date:	S. 5 on 1.1.03: s. 2(4)
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

National Parks (Box-Ironbark and Other Parks) Act 2002, No. 50/2002

Assent Date:	29.10.02
Commencement Date:	S. 27 on 30.10.02: s. 2
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Forests and National Parks Acts (Amendment) Act 2003, No. 97/2003

Assent Date:	2.12.03
Commencement Date:	Ss 3–5 on 3.12.03: s. 2
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Road Management Act 2004, No. 12/2004

Assent Date:	11.5.04
Commencement Date:	Ss 157, 158 on 1.7.04: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Sustainable Forests (Timber) Act 2004, No. 48/2004

Assent Date:	16.6.04
Commencement Date:	Ss 97, 98, 100(1), 103–105, 107, 108, 110, 112, 116, 122, 123(1), 124, 125 on 17.6.04: s. 2(1); ss 99, 101, 102, 106, 111, 113–115, 117–121, 123(2)–(4), 126 on 1.8.04: Government Gazette 29.7.04 p. 2120; s. 100(2) on 31.8.05: Government Gazette 14.7.05 p. 1550; s. 109 on 18.5.06: Government Gazette 18.5.06 p. 929
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

National Parks (Additions and Other Amendments) Act 2004, No. 64/2004

Assent Date:	12.10.04
Commencement Date:	S. 35 on 13.10.04: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Public Administration Act 2004, No. 108/2004

Assent Date:	21.12.04
Commencement Date:	S. 117(1)(Sch. 3 item 83) on 5.4.05: Government Gazette 31.3.05 p. 602
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Safety on Public Land Act 2004, No. 109/2004

Assent Date:	21.12.04
Commencement Date:	Ss 21, 22 on 22.12.04: s. 2
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

National Parks (Otways and Other Amendments) Act 2005, No. 60/2005

Assent Date:	20.9.05
Commencement Date:	Ss 34–37 on 24.10.06: Special Gazette (No. 285) 24.10.06 p. 1
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Education and Training Reform Act 2006, No. 24/2006

Assent Date:	16.5.06
Commencement Date:	S. 6.1.2(Sch. 7 item 19) on 1.7.07: Government Gazette 28.6.07 p. 1304
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Mineral Resources Development (Sustainable Development) Act 2006, No. 63/2006

Assent Date:	29.8.06
Commencement Date:	S. 61(Sch. item 16) on 30.8.06: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Education and Training Reform Miscellaneous Amendments Act 2007,
No. 58/2007

Assent Date:	27.11.07
Commencement Date:	S. 53 on 28.11.07: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

National Parks and Crown Land (Reserves) Acts Amendment Act 2008,
No. 54/2008

Assent Date:	23.9.08
Commencement Date:	S. 24 on 24.9.08: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Resources Industry Legislation Amendment Act 2009, No. 6/2009

Assent Date:	3.3.09
Commencement Date:	S. 52 on 1.1.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Crown Land Acts Amendment (Lease and Licence Terms) Act 2009,
No. 40/2009

Assent Date:	5.8.09
Commencement Date:	Ss 19, 20 on 6.8.09: s. 2(1); ss 18, 21–24 on 1.7.11: s. 2(3)
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Statute Law Amendment (Charter of Human Rights and Responsibilities) Act 2009, No. 45/2009

Assent Date:	5.8.09
Commencement Date:	Ss 10–12 on 6.8.09: s. 2
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009

Assent Date:	24.11.09
Commencement Date:	S. 97(Sch. item 60) on 1.1.10: Government Gazette 10.12.09 p. 3215
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Land Legislation Amendment Act 2009, No. 80/2009

Assent Date:	8.12.09
Commencement Date:	S. 105 on 1.5.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Parks and Crown Land Legislation Amendment (River Red Gums) Act 2009, No. 82/2009

Assent Date:	8.12.09
Commencement Date:	Ss 34, 35 on 1.1.10: Government Gazette 17.12.09 p. 3338; ss 33, 36 on 1.7.10: Government Gazette 1.7.10 p. 1359
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Transport Integration Act 2010, No. 6/2010 (as amended by No. 45/2010)

Assent Date:	2.3.10
Commencement Date:	Ss 25(5)(Sch. 2 item 4), 203(1)(Sch. 6 item 23) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Parks and Crown Land Legislation (Mount Buffalo) Act 2010, No. 35/2010

Assent Date:	15.6.10
Commencement Date:	S. 24(Sch. 6 item 2) on 8.7.10: Government Gazette 8.7.10 p. 1518
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Climate Change Act 2010, No. 54/2010

Assent Date:	14.9.10
Commencement Date:	S. 79 on 1.7.11: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Traditional Owner Settlement Act 2010, No. 62/2010

Assent Date:	21.9.10
Commencement Date:	Ss 115–120 on 23.9.10: Special Gazette (No. 382) 22.9.10 p. 1
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Fire Services Commissioner Act 2010, No. 73/2010

Assent Date:	19.10.10
Commencement Date:	Ss 48–52 on 1.12.10: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Statute Law Revision Act 2011, No. 29/2011

Assent Date:	21.6.11
Commencement Date:	S. 3(Sch. 1 item 41) on 22.6.11: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Emergency Services Legislation Amendment Act 2012, No. 5/2012

Assent Date:	6.3.12
Commencement Date:	S. 116 on 1.5.12: Special Gazette (No. 140) 1.5.12 p. 1
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Parks and Crown Land Legislation Amendment Act 2012, No. 7/2012

Assent Date:	6.3.12
Commencement Date:	S. 25 on 1.9.12: Special Gazette (No. 291) 28.8.12 p. 1
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Forests Amendment Act 2012, No. 46/2012

Assent Date:	21.8.12
Commencement Date:	Ss 3–13 on 1.9.12: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Traditional Owner Settlement Amendment Act 2013, No. 4/2013

Assent Date:	19.2.13
Commencement Date:	S. 33 on 8.3.13: Special Gazette (No. 70) 5.3.13 p. 1
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Statute Law Revision Act 2013, No. 70/2013

Assent Date:	19.11.13
Commencement Date:	S. 4(Sch. 2 item 20) on 1.12.13: s. 2(1)
Current State:	This information relates only to the provision/s amending the Forests Act 1958

Emergency Management Act 2013, No. 73/2013 (as amended by No. 41/2014)

Assent Date:	3.12.13
Commencement Date:	Ss 85–87 on 1.7.14: Special Gazette (No. 148) 13.5.14 p. 1
Current State:	This information relates only to the provision/s amending the Forests Act 1958

Victoria Police Amendment (Consequential and Other Matters) Act 2014, No. 37/2014

Assent Date:	3.6.14
Commencement Date:	S. 10(Sch. item 67) on 1.7.14: Special Gazette (No. 200) 24.6.14 p. 2
Current State:	This information relates only to the provision/s amending the Forests Act 1958

Filming Approval Act 2014, No. 51/2014

Assent Date:	12.8.14
Commencement Date:	S. 9(Sch. 2 item 4) on 1.3.15: s. 2(2)
Current State:	This information relates only to the provision/s amending the Forests Act 1958

Water Amendment (Flood Mitigation) Act 2014, No. 53/2014

Assent Date:	12.8.14
Commencement Date:	S. 10 on 1.3.15: s. 2(2)
Current State:	This information relates only to the provision/s amending the Forests Act 1958

Emergency Management (Control of Response Activities and Other Matters) Act 2015, No. 43/2015

Assent Date:	22.9.15
Commencement Date:	S. 36 on 19.9.16: Special Gazette (No. 284) 13.9.16 p. 1
Current State:	This information relates only to the provision/s amending the Forests Act 1958

Crown Land Legislation Amendment (Canadian Regional Park and Other Matters) Act 2016, No. 12/2016

Assent Date:	5.4.16
Commencement Date:	Ss 20–26 on 1.12.16: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Traditional Owner Settlement Amendment Act 2016, No. 67/2016

Assent Date:	15.11.16
Commencement Date:	S. 31 on 1.5.17: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Victorian Fisheries Authority Act 2016, No. 68/2016

Assent Date:	15.11.16
Commencement Date:	S. 166 on 1.7.17: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Justice Legislation Amendment (Court Security, Juries and Other Matters) Act 2017, No. 38/2017

Assent Date:	29.8.17
Commencement Date:	S. 62 on 30.8.17: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Yarra River Protection (Wilip-gin Birrarung murron) Act 2017, No. 49/2017

Assent Date:	26.9.17
Commencement Date:	Ss 76, 77 on 1.12.17: s. 2(3)
Current State:	This information relates only to the provision/s amending the Forests Act 1958

Parks and Crown Land Legislation Amendment Act 2017, No. 53/2017

Assent Date:	24.10.17
Commencement Date:	S. 76 on 15.12.17: Special Gazette (No. 433) 12.12.17 p. 1
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Oaths and Affirmations Act 2018, No. 6/2018

Assent Date:	27.2.18
Commencement Date:	S. 68(Sch. 2 item 58) on 1.3.19: s. 2(2)
Current State:	This information relates only to the provision/s amending the Forests Act 1958

Planning and Environment Amendment (Distinctive Areas and Landscapes) Act 2018, No. 17/2018

Assent Date:	29.5.18
Commencement Date:	Ss 13, 14 on 30.5.18: s. 2
Current State:	This information relates only to the provision/s amending the Forests Act 1958

Parks Victoria Act 2018, No. 19/2018

Assent Date:	5.6.18
Commencement Date:	Ss 103–135 on 12.9.18: Special Gazette (No. 386) 21.8.18 p. 1
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Great Ocean Road and Environs Protection Act 2020, No. 19/2020

Assent Date:	23.6.20
Commencement Date:	Ss 89−91 on 1.12.20: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Justice Legislation Amendment (Supporting Victims and Other Matters) Act 2020, No. 35/2020

Assent Date:	17.11.20
Commencement Date:	Ss 51, 52 on 18.11.20: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Parks and Crown Land Legislation Amendment Act 2020, No. 40/2020

Assent Date:	1.12.20
Commencement Date:	S. 31 on 15.12.20: Special Gazette (No. 666) 15.12.20 p. 1; ss 32−34 on 1.9.21: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Forests Legislation Amendment (Compliance and Enforcement) Act 2021, No. 38/2021

Assent Date:	12.10.21
Commencement Date:	Ss 13–22 on 1.3.22: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Great Ocean Road and Environs Protection Amendment Act 2021, No. 42/2021

Assent Date:	19.10.21
Commencement Date:	Ss 62−84 on 1.9.22: s. 2(2)
Current State:	This information relates only to the provision/s amending the Forests Act 1958

Suburban Rail Loop Act 2021, No. 43/2021

Assent Date:	19.10.21
Commencement Date:	S. 219(Sch. 1 item 6) on 1.12.21: Special Gazette (No. 649) 23.11.21 p. 1
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Forests Amendment (Forest Firefighters Presumptive Rights Compensation) Act 2021, No. 46/2021

Assent Date:	3.11.21
Commencement Date:	Ss 4–9 on 14.9.22: s. 2(2)
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Alpine Resorts Legislation Amendment Act 2022, No. 9/2022

Assent Date:	16.3.22
Commencement Date:	S. 42 on 1.10.22: Special Gazette (No. 371) 26.7.22 p. 1
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Statute Law Amendment (References to the Sovereign) Act 2023, No. 25/2023

Assent Date:	5.9.23
Commencement Date:	S. 7(Sch. 1 item 15) on 6.9.23: s. 2
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Justice Legislation Amendment Act 2023, No. 26/2023

Assent Date:	10.10.23
Commencement Date:	S. 27 on 11.10.23: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Statute Law Revision Act 2024, No. 13/2024

Assent Date:	23.4.24
Commencement Date:	S. 3(Sch. 1 item 5) on 24.4.24: s. 2
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Energy and Public Land Legislation Amendment (Enabling Offshore Wind Energy) Act 2024, No. 14/2024

Assent Date:	7.5.24
Commencement Date:	Ss 14, 15 on 19.12.24: Special Gazette (No. 686) 10.12.24 p. 1
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Sustainable Forests (Timber) Repeal Act 2024, No. 24/2024

Assent Date:	25.6.24
Commencement Date:	Ss 19–29, 41–61 on 1.7.24: Special Gazette (No. 345) 25.6.24 p. 1
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Roads and Ports Legislation Amendment (Road Safety and Other Matters) Act 2025, No. 25/2025

Assent Date:	5.8.25
Commencement Date:	S. 106(Sch. 1 item 17) on 6.8.25: s. 2(1)
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Statute Law Revision Act 2025, No. 41/2025

Assent Date:	21.10.25
Commencement Date:	S. 4(Sch. 2 item 14) on 22.10.25: s. 2
CurrentState:	This information relates only to the provision/s amending the Forests Act 1958

Parks and Public Land Legislation Amendment (Central West and Other Matters) Act 2025, No. 47/2025

Assent Date:	25.11.25
Commencement Date:	S. 27 on 26.11.25: s. 2(1)
Current State:	This information relates only to the provision/s amending the Forests Act 1958

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Metric Conversion (Forests Act) Regulations 1974, S.R. No. 258/1974

Date of Making:	19.6.74
Date of Commencement:	30.6.74: reg. 1

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Government Gazette     16 January 1997 page 128

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3   Explanatory details

[1] Ss 9–17:

Heading preceding s. 9 repealed by No. 96/1994 s. 56(a).

Ss 9, 10 repealed by No. 41/1987 s. 103(Sch. 4 item 24.17).

S. 11 amended by Nos 6471 s. 3 (as amended by No. 6489 s. 4), 6624 s. 4(a)(b), 7054 s. 3(a)(b), 7356 s. 3(a)(b), 7581 s. 5(a)(b), 7954 s. 4(a)(b), 8082 s. 3(1), repealed by No. 41/1987 s. 103(Sch. 4 item 24.17).

S. 12 repealed by No. 41/1987 s. 103(Sch. 4 item 24.17).

S. 13 amended by No. 9019 s. 2(1)(Sch. item 76), repealed by No. 41/1987 s. 103(Sch. 4 item 24.17).

Ss 14, 15 repealed by No. 41/1987 s. 103(Sch. 4 item 24.17).

S. 16 amended by Nos 9576 s. 11(1), 9615 s. 2, 10235 s. 3(a), repealed by No. 41/1987 s. 103(Sch. 4 item 24.17).

S. 17 amended by Nos 9019 s. 2(1)(Sch. item 76), 9615 s. 3(1)(a)(i)(ii)(b)(2), repealed by No. 41/1987 s. 103(Sch. 4 item 24.17).

[2] Ss 23–26:

S. 23 amended by Nos 7674 s. 2, 8587 s. 4, 9417 s. 3(1)(a)(b)(2), repealed by No. 41/1987 s. 103(Sch. 4 item 24.28).

Ss 24–26 repealed by No. 41/1987 s. 103(Sch. 4 item 24.28).

[3] Ss 30–37:

S. 30 amended by Nos 6976 s. 6(1), 9549 s. 2(1)(Sch. item 63), repealed by No. 9861 s. 3(1).

S. 31 amended by No. 6976 s. 6(2), repealed by No. 41/1987 s. 103(Sch. 4 item 24.34).

S. 32 amended by No. 8035 s. 5, repealed by No. 41/1987 s. 103(Sch. 4 item 24.34).

S. 32A inserted by No. 6976 s. 6(3), substituted by No. 9861 s. 3(1), repealed by No. 41/1987 s. 103(Sch. 4 item 24.35).

S. 32AA inserted by No. 9861 s. 3(1), repealed by No. 41/1987 s. 103(Sch. 4 item 24.36).

S. 33 amended by Nos 6976 s. 6(4), 9549 s. 2(1)(Sch. item 63), repealed by No. 41/1987 s. 103(Sch. 4 item 24.37).

Heading preceding s. 34 repealed by No. 96/1994 s. 56(c).

Ss 34–36 repealed by No. 41/1987 s. 103(Sch. 4 item 24.37).

S. 37 amended by No. 10087 s. 3(1)(Sch. 1 item 79), repealed by No. 41/1987 s. 103(Sch. 4 item 24.37).

[4] Ss 38A, 39:

S. 38A inserted by No. 8035 s. 6, amended by No. 121/1986 s. 112, repealed by No. 41/1987 s. 103(Sch. 4 item 24.39).

Heading preceding s. 39 repealed by No. 96/1994 s. 56(d).

S. 39 amended by No. 9019 s. 2(1)(Sch. item 75), repealed by No. 41/1987 s. 103(Sch. 4 item 24.40).

[5] S. 48(1): Refer to section 5 of the Decimal Currency Act 1965, No. 7315 (repealed).

[6] S. 63(5): See note 5.

[7] Ss 86, 87:

S. 86 amended by Nos 9549 s. 2(1)(Sch. item 63), 41/1987 s. 103(Sch. 4 item 24.99), 13/1990 s. 40(g), repealed by No. 89/1994 s. 37.

S. 87 amended by Nos 41/1987 s. 103(Sch. 4 item 24.100), 13/1990 s. 40(h), repealed by No. 89/1994 s. 37.

[8] S. 91(b): See note 5.

[9] S. 94A (repealed): Section 114 of the Conservation, Forests and Lands Act 1987, No. 41/1987 reads as follows:

114Continuation of section 94A of the Forests Act 1958

If before the date of commencement of item 24.107 of Schedule 4—

(a)an advance was made; or

(b)an agreement was entered into; or

(c)a caveat was lodged—

under section 94A of the Forests Act 1958, that section as in force immediately before the date of commencement of that item continues to apply on and after that date to that advance, agreement or caveat, despite the repeal of that section by this Act.