Forests (Recreation) (Temporary) Amendment Regulations 2021 (Vic)

Forests (Recreation) (Temporary) Amendment Regulations 2021

S.R. No. 108/2021

TABLE OF PROVISIONS

Regulation  Page

1Objective

2Authorising provisions

3Commencement

4Principal Regulations

5New regulation 5A inserted

6Permits

7Offence to obstruct road or track in State forest

8Camping

9Hygiene

10Hygiene

11Protection of Aboriginal cultural heritage

12Introduction of vegetation

13Protection of fauna and other animals

14Protection of nests, etc.

15Fishing or yabbying

16Regulation 61 substituted

17Protection of nests, etc.

18Expiry

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Endnotes

STATUTORY RULES 2021

S.R. No. 108/2021

Forests Act 1958

Forests (Recreation) (Temporary) Amendment Regulations 2021

The Governor in Council makes the following Regulations:

Dated: 31 August 2021

Responsible Minister:

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

ALEXANDRA DEBELJAKOVIC

Clerk of the Executive Council

1Objective

The objective of these Regulations is to amend the Forests (Recreation) (Temporary) Regulations 2021—

(a)to make consequential amendments as a result of the commencement of the Parks and Crown Land Legislation Amendment Act 2020 and the making of the Land (Regulated Watercourse Land) Regulations 2021; and

(b)to exempt persons who are not required to hold a recreational fishery licence under the Fisheries Act 1995 from particular offences; and

(c)to make other 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 1 September 2021.

4Principal Regulations

In these Regulations, the Forests (Recreation) (Temporary) Regulations 2021[1] are called the Principal Regulations.

5New regulation 5A inserted

After regulation 5 of the Principal Regulations insert—

"5A   Application of Regulations to regulated watercourse land

These Regulations do not apply to any area of State forest that is regulated watercourse land (within the meaning of the Land Act 1958) unless that land is any of the following—

(a)a forest reserve;

(b)a forest park;

(c)the Yarra Tributaries Forest Reserve.".

6Permits

(1)After regulation 9(1) of the Principal Regulations insert—

"(1A)A permit issued under these Regulations may be issued for a period not exceeding 3 years from the day it is issued.".

(2)After regulation 9(2) of the Principal Regulations insert—

"(2A)A permit holder must comply with any terms and conditions specified in the permit.

Penalty:10 penalty units.".

7Offence to obstruct road or track in State forest

For regulation 12(1) and (2) of the Principal Regulations substitute—

"(1)A person must not construct or place any object, device or other thing that obstructs passage on a road or track constructed or maintained by the Secretary or Parks Victoria in a State forest.

Penalty:20 penalty units.

(1A)A person must not construct or place any object, device or other thing that is intended to obstruct passage on a road or track constructed or maintained by the Secretary or Parks Victoria in a State forest.

Penalty:20 penalty units.

(2)A person must not construct or place any object, device or other thing on a road or track constructed or maintained by the Secretary or Parks Victoria in a State forest that damages that road or track.

Penalty:20 penalty units.

(2A)A person must not construct or place any object, device or other thing on a road or track constructed or maintained by the Secretary or Parks Victoria in a State forest that is intended to damage that road or track.

Penalty:20 penalty units.".

8Camping

(1)In regulation 13(1) of the Principal Regulations, for ", bore or waterway" substitute "or bore".

(2)The note at the foot of regulation 13(1) of the Principal Regulations is revoked.

9Hygiene

(1)In regulation 22(1) and (2)(b) of the Principal Regulations, for ", bore or waterway" substitute "or bore".

(2)The note at the foot of regulation 22(1) of the Principal Regulations is revoked.

(3)The note at the foot of regulation 22(2) of the Principal Regulations is revoked.

(4)In regulation 22(3) of the Principal Regulations, for "100 metres from any bog, dam, spring, bore or waterway" substitute "50 metres from any bog, dam, spring or bore".

(5)The note at the foot of regulation 22(3) of the Principal Regulations is revoked.

10Hygiene

In regulation 27(2) of the Principal Regulations, for "100 metres" substitute "50 metres".

11Protection of Aboriginal cultural heritage

In regulation 28(1) of the Principal Regulations, after "Aboriginal cultural heritage" insert "or suspected Aboriginal cultural heritage".

12Introduction of vegetation

After regulation 32(2)(b) of the Principal Regulations insert—

"(ba)to a person who is exempt from the requirement to hold a recreational fishery licence under section 44 of the Fisheries Act 1995 and takes fish in accordance with that Act or any regulations made under that Act; or".

13Protection of fauna and other animals

After regulation 49(a) of the Principal Regulations insert—

"(ab)is exempt from the requirement to hold a recreational fishery licence under section 44 of the Fisheries Act 1995 and takes fish in accordance with that Act or any regulations made under that Act; or".

14Protection of nests, etc.

After regulation 50(1)(b) of the Principal Regulations insert—

"(ba)is exempt from the requirement to hold a recreational fishery licence under section 44 of the Fisheries Act 1995 and takes fish in accordance with that Act or any regulations made under that Act; or".

15Fishing or yabbying

For regulation 52(2) of the Principal Regulations substitute—

"(2)A person must not fish or yabby in a forest reserve unless that person does so in an area set aside under subregulation (1) in accordance with the determination and—

(a)that person does so in accordance with any permit or licence required by the Flora and Fauna Guarantee Act 1988 or the Fisheries Act 1995 or any regulations made under those Acts; or

(b)that person is exempt from the requirement to hold a recreational fishery licence under section 44 of the Fisheries Act 1995 and takes fish in accordance with that Act or any regulations made under that Act.

Penalty:10 penalty units.".

16Regulation 61 substituted

For regulation 61 of the Principal Regulations substitute—

"61   Protection of fauna

Subject to regulation 63(1), a person must not disturb, harass, remove, hunt, capture, take, kill or injure or otherwise destroy or interfere with any fauna in a forest park unless that person—

(a)does so in accordance with any permit or licence required by the Wildlife Act 1975, Flora and Fauna Guarantee Act 1988, Fisheries Act 1995 or the Firearms Act 1996 or any regulations made under those Acts; or

(b)is exempt from the requirement to hold a recreational fishery licence under section 44 of the Fisheries Act 1995 and takes fish in accordance with that Act or any regulations made under that Act.

Penalty:20 penalty units.".

17Protection of nests, etc.

(1)In regulation 62(b) of the Principal Regulations, for "those Acts." substitute "those Acts; or".

(2)After regulation 62(b) of the Principal Regulations insert—

"(c)is exempt from the requirement to hold a recreational fishery licence under section 44 of the Fisheries Act 1995 and takes fish in accordance with that Act or any regulations made under that Act.".

18Expiry

In regulation 68 of the Principal Regulations, for "1 September 2021" substitute "30 June 2023".

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Endnotes

[1] Reg. 4: S.R. No. 44/2021.

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Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

The value of a penalty unit for the financial year commencing 1 July 2021 is $181.74.

The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.