Forests (Recreation) Amendment Regulations 2018 (Vic)

Forests (Recreation) Amendment Regulations 2018

S.R. No. 123/2018

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4Principal Regulations

5Objectives of Principal Regulations amended

6Definitions

7Offence to obstruct road or track in State forest

8Camping and occupation and use of recreation grounds in State forests

9Camping in State forest—areas subject to special camping restrictions

10Offence to fail to comply with a permit

11Surrender and cancellation of permits

12Secretary or managing body may issue replacement permit

13Non-application of Part

14Commercial activities

15Non-application of Part

16Committee authority

17Vehicle driving and parking offences

18Riding, driving, leading or bathing horses or pack animals in a forest reserve

19Traps, poisons and firearms

20Non-application of Part

21Setting aside areas for the driving or parking of vehicles

22Camping in forest parks

23Lighting, kindling or maintaining fires

24Dogs

25Riding, driving, leading or bathing horses or pack animals into a forest park

26Traps, poisons and firearms

27Protection of flora and fauna

28Non-application of Part

29Setting aside areas for the driving or parking of vehicles

30Riding, driving, leading or bathing horses or pack animals into the Yarra Tributaries Forest Reserve

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Endnotes

STATUTORY RULES 2018

S.R. No. 123/2018

Forests Act 1958

Forests (Recreation) Amendment Regulations 2018

The Governor in Council makes the following Regulations:

Dated: 11 September 2018

Responsible Minister:

LILY D'AMBROSIO
Minister for Energy, Environment and Climate Change

ANDREW ROBINSON

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Forests (Recreation) Regulations 2010—

(a)to reflect amendments made to the Forests Act 1958 by the Parks Victoria Act 2018; and

(b)to include Brataualung Forest Park and Gunyah Rainforest Reserve as forest reserves to which the Forests (Recreation) Regulations 2010 apply; and

(c)to make several miscellaneous amendments.

2Authorising provisions

These Regulations are made under sections 50(5), 99 and 99A of the Forests Act 1958.

3Commencement

These Regulations come into operation on 12 September 2018.

4Principal Regulations

In these Regulations, the Forests (Recreation) Regulations 2010[1] are called the Principal Regulations.

5Objectives of Principal Regulations amended

(1)In regulation 1(b) of the Principal Regulations—

(a)after "reserves" insert "and forest parks";

(b)after "Secretary" insert ", Parks Victoria";

(c)in subparagraph (iii), omit "and";

(d)subparagraph (iv) is repealed.

(2)After regulation 1(b) of the Principal Regulations insert—

"(c)prescribing fees for entry or use of land activities in a forest reserve.".

6Definitions

In regulation 5 of the Principal Regulations—

(a)insert the following definitions—

"Brataualung Forest Park means all those portions of reserved forest set aside and declared to be a forest park under section 50 of the Act by Orders published on page 1030 of the Government Gazette dated 10 May 2018 and page 1411 of the Government Gazette dated 21 June 2018;

Gunyah Rainforest Reserve means the land set aside and declared to be the Gunyah Rain Forest Reserve under section 50 of the Act by Order published on page 2014 of the Government Gazette dated 29 July 1987;

Tarago Forest Reserve means the land set aside and declared to be the Tarago Forest Reserve under section 50 of the Act by Order published on page 2470 of the Government Gazette dated 17 September 2009;";

(b)in the definition of forest reserve—

(i)in paragraph (f), for "Reserve; and" substitute "Reserve;";

(ii)in paragraph (g), for "Tarago River Forest Reserve." substitute "Tarago Forest Reserve;";

(iii)after paragraph (g) insert—

"(h)Brataualung Forest Park;

(i)Gunyah Rainforest Reserve;";

(c)for the definition of managing body substitute—

"managing body means—

(a)for land managed by a committee, the committee; or

(b)for all other land, the land manager;";

(d)in the definition of Steavenson Falls Scenic Reserve, for "Steavenson Falls Reserve" substitute "Steavenson Falls Scenic Reserve";

(e)the definitions of Parks Victoria, Secretary, Tarago River Forest Reserve and VicForests are revoked.

7Offence to obstruct road or track in State forest

In regulation 7(1)(a) and (b), (2), (3), and (4)(e) and (g) of the Principal Regulations, after "Secretary" insert "or Parks Victoria".

8Camping and occupation and use of recreation grounds in State forests

In regulation 8(8) and (9) of the Principal Regulations, for "Secretary" substitute "managing body".

9Camping in State forest—areas subject to special camping restrictions

In regulation 9(2), (3) and (4) of the Principal Regulations, for "Secretary" substitute "managing body".

10Offence to fail to comply with a permit

In regulation 10(1) of the Principal Regulations, for "Secretary" substitute "managing body".

11Surrender and cancellation of permits

In regulation 11(1), (2) and (3) of the Principal Regulations, for "Secretary" substitute "managing body".

12Secretary or managing body may issue replacement permit

(1)In the heading to regulation 12 of the Principal Regulations, for "Secretary or managing body" substitute "Managing body".

(2)In regulation 12 of the Principal Regulations omit "Secretary or".

13Non-application of Part

In regulation 13(f) and (g) of the Principal Regulations, after "Secretary" insert ", Parks Victoria".

14Commercial activities

After regulation 23(6) of the Principal Regulations insert—

"(7)For the purposes of subregulations (1), (2), (3), (4) and (5), the managing body may issue a permit to a person.".

15Non-application of Part

In regulation 29(f) and (g) of the Principal Regulations, after "Secretary" insert

", Parks Victoria".

16Committee authority

In regulation 30(4) of the Principal Regulations omit "River" (where second occurring).

17Vehicle driving and parking offences

In regulation 32(2)(b) of the Principal Regulations, after "Secretary," insert "Parks Victoria, a committee,".

18Riding, driving, leading or bathing horses or pack animals in a forest reserve

In regulation 36(8) of the Principal Regulations, after "does not apply to the" insert "Brataualung Forest Park, Gunyah Rainforest Reserve,".

19Traps, poisons and firearms

In regulation 39(3) of the Principal Regulations omit "River" (where second occurring).

20Non-application of Part

(1)In regulation 43(d) of the Principal Regulations, for "or Parks Victoria" substitute ", Parks Victoria or a committee".

(2)In regulation 43(e) and (f) of the Principal Regulations, after "Secretary" insert

", Parks Victoria or a committee".

21Setting aside areas for the driving or parking of vehicles

In regulation 44(1) and (2) of the Principal Regulations, for "Secretary" substitute "managing body".

22Camping in forest parks

In regulation 46(1) and (2) of the Principal Regulations, for "Secretary" substitute "managing body".

23Lighting, kindling or maintaining fires

(1)In regulation 47(1) of the Principal Regulations, for "Secretary" (where twice occurring) substitute "managing body".

(2)In regulation 47(2) of the Principal Regulations, for "Secretary" substitute "managing body".

24Dogs

In regulation 48(1) of the Principal Regulations, for "Secretary" substitute "managing body".

25Riding, driving, leading or bathing horses or pack animals into a forest park

(1)In the heading to regulation 49 of the Principal Regulations, for "into" substitute "in".

(2)In regulation 49(1) of the Principal Regulations, for "Secretary" substitute "managing body".

26Traps, poisons and firearms

In regulation 50(1) of the Principal Regulations, for "Secretary" substitute "managing body".

27Protection of flora and fauna

In regulation 51(9)(a) of the Principal Regulations, for "Secretary" substitute "managing body".

28Non-application of Part

In regulation 52(e) and (f) of the Principal Regulations, after "Secretary" insert "or Parks Victoria".

29Setting aside areas for the driving or parking of vehicles

In regulation 55(1) and (2) of the Principal Regulations, for "Secretary" substitute "land manager".

30Riding, driving, leading or bathing horses or pack animals into the Yarra Tributaries Forest Reserve

(1)In the heading to regulation 57 of the Principal Regulations, for "into" substitute "in".

(2)In regulation 57(1) and (2) of the Principal Regulations, for "Secretary" substitute "land manager".

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Endnotes

[1] Reg. 4: S.R. No. 30/2010 as amended by S.R. No. 17/2015.