Forests (Domestic Firewood) Amendment Regulations 2022 (Vic)

Forests (Domestic Firewood) Amendment Regulations 2022

S.R. No. 84/2022

table of provisions

Regulation  Page

1Objective

2Authorising provisions

3Definitions

4New regulation 10 inserted

═════════════

Endnotes

statutory rules 2022

S.R. No. 84/2022

Forests Act 1958

Forests (Domestic Firewood) Amendment Regulations 2022

The Lieutenant-Governor as the Governor's deputy, with the advice of the Executive Council, makes the following Regulations:

Dated: 20 September 2022

Responsible Minister:

LILY D'AMBROSIO
Minister for Environment and Climate Action

Alexandra Debeljakovic

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Forests (Domestic Firewood) Regulations 2022 to provide that members of a traditional owner group acting in accordance with an agreement under Part 6 of the Traditional Owner Settlement Act 2010 are exempt from the operation of those Regulations in certain circumstances.

2Authorising provisions

These Regulations are made under sections 99(33) and 100B of the Forests Act 1958.

3Definitions

In regulation 5 of the Forests (Domestic Firewood) Regulations 2022[1] insert the following definitions—

"agreed activity has the same meaning as in section 79 of the Traditional Owner Settlement Act 2010;

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

traditional owner group agreement means an agreement under Part 6 of the Traditional Owner Settlement Act 2010;

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

4New regulation 10 inserted

After regulation 9 of the Forests (Domestic Firewood) Regulations 2022 insert—

"10   Application of these Regulations to traditional owner groups

(1)If a traditional owner group entity has entered into a traditional owner group agreement, any provision of these Regulations that provides for an offence to carry out an agreed activity under that agreement does not apply to a member of the traditional owner group—

(a)who is bound by the agreement; and

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

(2)For the purposes of subregulation (1), a provision of these Regulations that provides for an offence includes where a contravention of a provision of these Regulations constitutes an offence against the Act to carry out an agreed activity under a traditional owner group agreement.

Note

See section 97 of the Forests Act 1958 and the definition of Act in section 3, which includes any regulation under the Act.".

═════════════

Endnotes

[1] Reg. 3: S.R. No. 63/2022.