Forests (Miscellaneous) (Amendment) Regulations 1998 (Vic)
Forests (Miscellaneous) (Amendment) Regulations
1998
S.R. No. 53/1998
TABLE OF PROVISIONS
Regulation Page
1. Objective 1 2. Authorising provision 1 3. Principal Regulations 1 4. Commencement 2 5. Amendment of regulation 4 2 6. New regulation 14A inserted 2
14A Offence to obstruct road, track or tramway in State forest 2
7. New Part 8 inserted 3 PART 8—FOREST OPERATIONS 3
18. Entry into forest operations zone prohibited 3 19. Secretary may issue authority for certain purposes 4 20. Authorised officer etc. may direct a person to leave forest operations zone 5
8. Insertion of new Schedule 5 9. Revocation 17 10. Expiry 17
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NOTES 18
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STATUTORY RULES 1998
S.R. No. 53/1998
Forests Act 1958
Forests (Miscellaneous) (Amendment) Regulations
1998
The Lieutenant-Governor as the Governor's Deputy with the
advice of the Executive Council makes the following
Regulations:
Dated: 26 May 1998Responsible Minister:
MARIE TEHAN
Minister for Conservation and Land Management
SHARNE BRYAN
Clerk of the Executive Council
1. Objective
The objective of these Regulations is to amend the
Forests (Miscellaneous) Regulations 1989 toregulate certain activities in State forests.
2. Authorising provision
These Regulations are made under section 99 of the Forests Act 1958.
3. Principal Regulations
In these Regulations, the Forests (Miscellaneous)
Regulations 19891 are called the Principal
Regulations.
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4. Commencement
(1) These Regulations, except regulation 9, come into operation on 1 June 1998.
(2) Regulation 9 comes into operation on
30 November 1998.
5. Amendment of regulation 4
In regulation 4 of the Principal Regulations
insert—'(2) In these Regulations—
"forest operations zone" means an area
described as a forest operations zone in
Part 1 of Schedule 3;
"Secretary" means the body corporate
established by Part 2 of the
Conservation, Forests and LandsAct 1987.'.
6. New regulation 14A inserted
After regulation 14 of the Principal Regulations insert—
"14A. Offence to obstruct road, track or tramway
in State forest
(1) A person must not in a State forest—
(a)
construct or place any object, device or other thing that—
(i) obstruct, passage on a road, track
obstructs, or is designed to maintained by the Secretary; or
(ii) damages, or is designed to damage, a road, track or tramway or a vehicle on that road, track or tramway; or
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(b)
dig a hole, pit or trench in a road, track or tramway constructed or maintained by the Secretary; or
(c)
obstruct a road, track or tramway constructed or maintained by the Secretary in a manner that prevents safe
passage on such a road, track or
tramway.
Penalty: 20 penalty units.
(2) Sub-regulation (1) does not apply to a person
who—
(a)
is acting in accordance with a licence or permit issued under section 52 of the Act; or
(b)
is acting in accordance with an authority issued by the Secretary under regulation 19; or
(c)
is an authorised officer or member of the police force acting in the course of his or her duty.".
7. New Part 8 inserted
After regulation 17 of the Principal Regulations insert—
"PART 8—FOREST OPERATIONS
18. Entry into forest operations zone prohibited
(1) A person must not enter into or remain inany forest operations zone. Penalty: 20 penalty units.
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(2) Sub-regulation (1) does not apply to—
(a) an authorised officer or member of the police force acting in the course of his or her duty; or (b) a person who has been granted a licence or permit under section 52 of the Act that authorises the cutting, digging or taking away of forest produce from land within that zone or is an employee or agent of a licence or permit holder authorised to carry out those activities; or (c) a person who is acting in accordance with a written authority of the Secretary issued under regulation 19. 19. Secretary may issue authority for certain purposes
(1) The Secretary may issue an authority, in
writing, to a person authorising that person
to—
(a) enter into a forest operations zone; or
(b)
carry out any of the activities specified in regulation 14A(1)(a)(i) and (b).
(2) An authority issued under sub-regulation (1)
must specify—
(a)
the place to which the authority applies; and
(b)
the period during which the authority applies; and
(c)
any distance, not exceeding 150 metres, that a person must remain away from persons or machinery engaged in, or associated with, the cutting, digging or taking away of forest produce; and
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(d) the purpose for which the authority is granted. 20. Authorised officer etc. may direct a person to leave forest operations zone
An authorised officer or member of the police force may, if he or she reasonably believes that a person has failed to comply with the terms and conditions of a licence or permit issued under section 52 of the Act or an authority issued under regulation 19, direct the person to leave a forest operations zone.".
8. Insertion of new Schedule
After Schedule 2 to the Principal Regulations insert—
"SCHEDULE 3
PART 1
DESCRIPTIONS OF FOREST OPERATIONS
ZONES
Goolengook River Forest Operations Zone
Goolengook River forest operations zone is the area of State forest in the Shire of East Gippsland shown by hatching on the plan set out in Part 2, excluding Greens Road and Big River Track and the State forest within 30 metres on either side of that road and track and any land that is a heritage river area within the meaning of the Heritage Rivers Act 1992.
Ada River Forest Operations Zone
Ada River forest operations zone is the area of State forest in the Shire of East Gippsland shown by hatching on the plan set out in Part 3, excluding Ada Track, Barlings Road and Greens Road and the State forest within 30 metres on either side of those roads and that track.
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| Little Bog Forest Operations Zone |
Little Bog forest operations zone is the area of State forest in the Shire of East Gippsland shown by hatching on the plan set out in Part 4, excluding Coast Range Road, Little Bog Track, Black Forest Track, Swede Creek Track and Hepburns Road and the State forest within 30 metres on either side of those roads and tracks.
Goongerah Creek Forest Operations Zone
Goongerah Creek forest operations zone is the area of State forest in the Shire of East Gippsland shown by hatching on the plan set out in Part 5, excluding the Bonang Highway, the Old Bonang Highway and Rising Sun Road and the
State forest within 30 metres on either side of those roads.
Hensleigh Creek Forest Operations Zone
Hensleigh Creek forest operations zone is the area of State forest in the Shire of East Gippsland shown by hatching on the plan set out in Part 6, excluding Coast Range Road,
Hensleigh Creek Road, Cobon Road and the State forest within 30 metres on either side of those roads.
Buldah River Forest Operations Zone
Buldah River forest operations zone is the area of State metres on either side of those roads and tracks.
forest in the Shire of East Gippsland shown by hatching on
the plan set out in Part 7, excluding Coast Range Road,
Tennyson Track, Granite Mountain Track, Buldah River
Trail, 14 Mile Creek Track, Golden Gully Track, SistersBungywarr Forest Operations Zone
Bungywarr forest operations zone is the area of State forest in the Shire of East Gippsland shown by hatching on the plan set out in Part 8, excluding Cobon Road, Bungywarr Road, Teacher Track and Combienbar Road and the State forest within 30 metres on either side of those roads and tracks and excluding the former Government road between Teacher Track and Bungywarr River and adjacent to former Crown Allotment 7, Parish of Bungywarr.
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forest in the Surf Coast Shire shown by hatching on the plan
set out in Part 9, excluding Benwerrin–Mount Sabine Road,Seaview Ridge Forest Operations Zone
Seaview Ridge forest operations zone is the area of State forest in the Colac-Otway Shire shown by hatching on the plan set out in Part 10, excluding Seaview Ridge Road, Turtons Track, Wild Dog Track and HP Track and the State forest within 30 metres on either side of those roads and tracks.
——
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PART 2
GOOLENGOOK RIVER FOREST OPERATIONS ZONE
Legend On the Plan of the Goolengook River Forest Operations Zone—
A is the junction of Big River Track and Greens RoadB is a point on Greens Road 2·25 km from A measured in a north-easterly direction from A along
Greens Road
C is a point on the Little Goolengook River 0·25 km from B measured in a south-easterly
direction from B
——
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PART 3
ADA RIVER FOREST OPERATIONS ZONE
Legend On the Plan of the Ada River Forest Operations Zone—
A is a point on Greens Road 1·25 km from B measured in a northerly direction along Greens
Road
B is the junction of Greens Road and Ada Track C is the junction of Barlings Road and Ada Track D is a point on Ada Track 2·5 km from C measured in a south-easterly direction along Ada Track
——
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PART 4
LITTLE BOG FOREST OPERATIONS ZONE
——
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PART 5
GOONGERAH CREEK FOREST OPERATIONS ZONE
——
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PART 6
HENSLEIGH CREEK FOREST OPERATIONS ZONE
——
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PART 7
BULDAH RIVER FOREST OPERATIONS ZONE
Legend
On the Plan of the Buldah River Forest Operations Zone—
A is the junction of Coast Range Road and the Victoria–New South Wales borderB is the junction of the Victoria–New South Wales border and a major tributary of Tennyson
Creek 0·95 km from A measured in a south-easterly direction along the Victoria–New South
Wales border
C is the junction of Sisters Road, Buldah Track and Golden Gully Track
D is a point on Golden Gully Track 3·0 km from C measured in a westerly direction along
Golden Gully Track
——
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PART 8
BUNGYWARR FOREST OPERATIONS ZONE
——
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PART 9
FISHER CREEK FOREST OPERATIONS ZONE
Legend On the Plan of the Fisher Creek Forest Operations Zone—
A is the junction of Bennett Road and Benwerrin–Mt Sabine RoadB is the junction of Bennett Road and a tributary of Fisher Creek 1·35 km from A measured in a
south-easterly direction along Bennett Road
C is the junction of the tributary of Fisher Creek identified in B and Fisher Creek
D is the junction of Fisher Creek and a tributary of Fisher Creek 0·13 km from C measured in an
easterly direction along Fisher Creek
E is a point 0·85 km from D measured in a south-westerly direction along the tributary of Fisher
Creek identified in D
——
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PART 10
SEAVIEW RIDGE FOREST OPERATIONS ZONE
Legend On the Plan of the Seaview Ridge Forest Operations Zone—
A is the junction of Turtons Track and Wild Dog TrackB is the junction of Wild Dog Track and a tributary of the Barham River East Branch 5·21 km
from A measured in a south-westerly direction along Wild Dog Track
C is the junction of HP Track and a tributary of the Barham River East Branch 2·78 km from D
measured in a south-easterly direction from HP Track
D is the junction of Seaview Ridge Road and HP Track.".
——
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9. Revocation
Regulations 4(2) and 14A and Part 8 of and Schedule 3 to the Principal Regulations are revoked on 30 November 1998.
10. Expiry
These Regulations expire on 30 November 1998.
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NOTES
1 Reg. 3: S.R. No. 270/1989. Reprinted to S.R. No. 191/1992.
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