Sustainable Forests Timber Amendment (Timber Harvesting Safety Zones) Act 2022 (Vic)
Sustainable Forests Timber Amendment (Timber Harvesting Safety Zones) Act 2022
No. 31 of 2022
table of provisions
Section Page
1Purpose
2Commencement
3Definitions
4Direction to leave a timber harvesting safety zone
5Direction to stop or move a vehicle in a timber harvesting safety zone
6Direction to remove a dog from a timber harvesting safety zone
7Offence to enter or remain in a timber harvesting safety zone
8Offence to be in possession of a prohibited thing in a timber harvesting safety zone
9Offence to allow a dog to enter a timber harvesting safety zone
10Requirement to give name and address
11Offence to hinder or obstruct an authorised officer
12Offence to threaten or abuse an authorised officer
13New section 88A inserted
14Return of seized items
15Recovery of seized item and compensation
16Forfeiture to Crown
17Offence to hinder, obstruct or interfere with timber harvesting operations by using prohibited thing
18Offence to hinder, obstruct or interfere with timber harvesting operations
19Part 9B heading amended
20New Division 1 of Part 9B heading inserted
21Meaning of specified offence
22New Division 2 of Part 9B inserted and new Division 3 heading inserted
23Offence to contravene exclusion order
24Offence to refuse or fail to comply with direction to leave area to which exclusion order applies
25Regulations
26Repeal of this Act
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Endnotes
1 General information
Sustainable Forests Timber Amendment (Timber Harvesting Safety Zones) Act 2022
No. 31 of 2022
[Assented to 9 August 2022]
The Parliament of Victoria enacts:
1Purpose
The purpose of this Act is to amend the Sustainable Forests (Timber) Act 2004 in relation to the following—
(a)increasing penalties for offences;
(b)expanding what is a prohibited thing in a timber harvesting safety zone and providing for search and seizure powers;
(c)providing for offences for obstructing or hindering authorised persons and machinery in a timber harvesting safety zone;
(d)providing for banning notices.
2Commencement
(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
(2)If a provision of this Act does not come into operation before 20 May 2023, it comes into operation on that day.
3Definitions
(1)In section 3 of the Sustainable Forests (Timber) Act 2004, in paragraph (e) of the definition of prohibited thing for "clip;" substitute "clip; or".
(2)In section 3 of the Sustainable Forests (Timber) Act 2004, in the definition of prohibited thing, after paragraph (e) insert—
"(f)polyvinyl chloride (PVC) pipe or metal pipe; or
(g)any other prescribed prohibited thing;".
(3)In section 3 of the Sustainable Forests (Timber) Act 2004, in the definition of timber harvesting operations, after paragraph (b) insert—
"(ba)the provision or use of machinery or equipment for timber harvesting in a timber harvesting safety zone; or
(bb)engaging in timber harvesting operations in a timber harvesting safety zone as an authorised person; or".
(4)In section 3 of the Sustainable Forests (Timber) Act 2004 insert the following definitions—
"banning notice means a notice issued to a person banning them from any or all specified timber harvesting safety zones under section 94CA;
DJPR Secretary means the Department Head (within the meaning of the Public Administration Act 2004) of the Department of Jobs, Precincts and Regions;".
4Direction to leave a timber harvesting safety zone
In the penalty at the foot of section 77D(2) of the Sustainable Forests (Timber) Act 2004, for "20" substitute "60".
5Direction to stop or move a vehicle in a timber harvesting safety zone
In the penalty at the foot of section 77E(2) of the Sustainable Forests (Timber) Act 2004, for "20" substitute "60".
6Direction to remove a dog from a timber harvesting safety zone
In the penalty at the foot of section 77F(2) of the Sustainable Forests (Timber) Act 2004, for "20" substitute "60".
7Offence to enter or remain in a timber harvesting safety zone
In the penalty at the foot of section 77G of the Sustainable Forests (Timber) Act 2004, for "20" substitute "60".
8Offence to be in possession of a prohibited thing in a timber harvesting safety zone
In the penalty at the foot of section 77H of the Sustainable Forests (Timber) Act 2004, for "20" substitute "60".
9Offence to allow a dog to enter a timber harvesting safety zone
In the penalty at the foot of section 77I of the Sustainable Forests (Timber) Act 2004, for "20" substitute "60".
10Requirement to give name and address
In the penalty at the foot of section 84(3) and (5) of the Sustainable Forests (Timber) Act 2004, for "5" substitute "20".
11Offence to hinder or obstruct an authorised officer
For the penalty at the foot of section 86 of the Sustainable Forests (Timber) Act 2004 substitute—
"Penalty:120 penalty units or 12 months imprisonment.".
12Offence to threaten or abuse an authorised officer
For the penalty at the foot of section 87 of the Sustainable Forests (Timber) Act 2004 substitute—
"Penalty:120 penalty units or 12 months imprisonment.".
13New section 88A inserted
After section 88 of the Sustainable Forests (Timber) Act 2004 insert—
"88A Power to search and seize prohibited things in timber harvesting safety zones
(1)The exercise of a power to search for or to seize a prohibited thing or an item by an authorised officer or a police officer must only be conducted in a timber harvesting safety zone.
(2)If an authorised officer or a police officer believes on reasonable grounds that a person has committed, is committing, or is about to commit, an offence against this Act or the regulations, the authorised officer or police officer may—
(a)search any vehicle, bag, container or other receptacle; and
(b)seize any item found in the vehicle, bag, container or other receptacle—
that the officer believes on reasonable grounds may be or contain—
(c)a prohibited thing; or
(d)another item used, being used or about to be used in the commission of an offence.
Example
Another item may include specialised climbing equipment that may be used to establish a tree sit structure or chains and locks that may be used to disable machinery used for the purpose of timber harvesting operations.
(3)If an authorised officer or a police officer seizes a prohibited thing or another item under this section, the officer must immediately give the person a written receipt for the seized thing or item indicating—
(a)the nature of the seized prohibited thing or item; and
(b)the location of the seized prohibited thing or item immediately prior to its seizure; and
(c)the date and time the officer searched the vehicle, bag, container or other receptacle and the date and time the officer seized the prohibited thing or item; and
(d)the name of the officer who seized the prohibited thing or item and the address where it will be held in accordance with this Act.
(4)Nothing in this section authorises an authorised officer or a police officer to conduct a body search under this section.".
14Return of seized items
(1)In section 89(1) of the Sustainable Forests (Timber) Act 2004, after "88" insert "or 88A".
(2)After section 89(3) of the Sustainable Forests (Timber) Act 2004 insert—
"(4)In this section, a reference to an item includes a prohibited thing.".
15Recovery of seized item and compensation
In section 90 of the Sustainable Forests (Timber) Act 2004, after "88" insert "or 88A".
16Forfeiture to Crown
In section 91(1) and (1A) of the Sustainable Forests (Timber) Act 2004, after "88" insert "or 88A".
17Offence to hinder, obstruct or interfere with timber harvesting operations by using prohibited thing
(1)In the penalty at the foot of section 94A of the Sustainable Forests (Timber) Act 2004, for "60 penalty units or 6 months imprisonment" substitute "120 penalty units or 12 months imprisonment".
(2)At the foot of section 94A of the Sustainable Forests (Timber) Act 2004 insert—
"Note
See definition of timber harvesting operations in section 3.".
18Offence to hinder, obstruct or interfere with timber harvesting operations
(1)In the penalty at the foot of section 94B of the Sustainable Forests (Timber) Act 2004, for "20" substitute "60".
(2)At the foot of section 94B of the Sustainable Forests (Timber) Act 2004 insert—
"Note
See definition of timber harvesting operations in section 3.".
19Part 9B heading amended
In the heading to Part 9B of the Sustainable Forests (Timber) Act 2004, for "Exclusion" substitute "Banning notice and exclusion".
20New Division 1 of Part 9B heading inserted
In Part 9B of the Sustainable Forests (Timber) Act 2004, before section 94C insert—
"Division 1—Interpretation".
21Meaning of specified offence
In section 94C(c) of the Sustainable Forests (Timber) Act 2004, for "or 94B;" substitute ", 94B, 94CD or 94CF;".
22New Division 2 of Part 9B inserted and new Division 3 heading inserted
After section 94C of the Sustainable Forests (Timber) Act 2004 insert—
"Division 2—Banning notices
94CAIssue of banning notice
(1)An authorised officer or a police officer who suspects on reasonable grounds that a person has committed or is committing a specified offence may give the person a notice banning the person from any or all specified timber harvesting safety zones—
(a)for the period specified in the notice; and
(b)for the times specified in the notice.
(2)The period specified in the banning notice must not exceed 28 days including the date on which the notice is given.
(3)An authorised officer or a police officer must not give a banning notice to a person unless the authorised officer or police officer believes on reasonable grounds—
(a)that giving a banning notice may be effective in preventing or deterring the person from—
(i)continuing to commit the specified offence; or
(ii)committing a further specified offence (whether in the same or another timber harvesting safety zone); or
(b)that the continuation of the commission of the specified offence—
(i)may involve or give rise to a risk to the safety of any person; or
(ii)may hinder or obstruct an authorised person or any other person who is engaged in timber harvesting operations in a timber harvesting safety zone.
(4)Before giving a banning notice, an authorised officer or a police officer must produce—
(a)in the case of an authorised officer, evidence of the officer's identity; or
(b)in the case of a police officer, proof of the officer's identity and official status, unless the officer is in uniform.
(5)No more than one banning notice may be given to a person for the same specified offence in the same timber harvesting safety zone.
(6)A banning notice may be given to a person who is already subject to a banning notice if the subsequent notice is given for another specified offence, whether or not the offence occurred in the same timber harvesting safety zone.
94CBContent of banning notice
A banning notice must state—
(a)the name of the person to whom the notice is given; and
(b)the specified offence that the authorised officer or police officer giving the notice suspects that the person has committed or is committing and the grounds for the suspicion; and
(c)the name of the authorised officer or police officer giving the notice and—
(i)in the case of a notice given by an authorised officer, the officer's employer and place of duty; or
(ii)in the case of a notice given by a police officer, the police officer's rank and place of duty; and
(d)the specified timber harvesting safety zone in which the banning notice applies; and
(e)the specified period for which, and the times during which, the notice applies; and
(f)that the person must not enter or re-enter the timber harvesting safety zone to which the notice applies during the specified period of the notice; and
(g)that if the person is in the timber harvesting safety zone to which the notice applies, the person must leave the area without delay; and
(h)that it is an offence to contravene the notice; and
(i)that it is an offence to contravene a direction given by an authorised officer or a police officer to leave the timber harvesting safety zone to which the notice applies; and
(j)the maximum penalties for those offences; and
(k)that the notice may be varied or revoked.
94CCVariation and revocation of banning notice
(1)The DJPR Secretary or a police officer of or above the rank of sergeant may vary or revoke a banning notice at any time by written notice given to the person to whom the banning notice applies.
(2)A banning notice must not be varied under this section to extend the period for which the notice applies.
94CDOffence to contravene banning notice
(1)A person to whom a banning notice is given must not, in contravention of the notice, enter or re-enter the specified timber harvesting safety zone.
Penalty:60 penalty units.
(2)A person to whom a banning notice is given must not, in contravention of the notice, remain in the specified timber harvesting safety zone.
Penalty:60 penalty units.
94CEDirection to leave area to which banning notice applies
(1)This section applies if a person to whom a banning notice is given is in a specified timber harvesting safety zone in contravention of the notice.
(2)Subject to subsection (3), an authorised officer or a police officer may direct a person to leave a specified timber harvesting safety zone in the manner (if any) specified, if it is reasonable in all the circumstances to do so, if—
(a)the person has been given a banning notice for the specified timber harvesting safety zone; and
(b)the person is in contravention of that banning notice.
(3)An authorised officer or police officer must—
(a)before giving a direction under subsection (2), produce—
(i)in the case of an authorised officer, evidence of the officer's identity; or
(ii)in the case of a police officer, proof of the officer's identity and official status, unless the officer is in uniform; and
(b)inform the person that—
(i)the authorised officer or police officer is empowered to direct the person to leave the specified timber harvesting safety zone; and
(ii)it is an offence to contravene the direction.
(4)A direction to leave under subsection (2) may be given orally or in writing.
94CFOffence to contravene a direction to leave area to which banning notice applies
(1)A person to whom a direction under section 94CE is given must not contravene that direction.
Penalty:60 penalty units.
(2)Despite subsection (1), it is not an offence for a person to contravene a direction under section 94CE if the authorised officer or police officer did not comply with section 94CE(3).
Note
Section 72 of the Criminal Procedure Act 2009 applies in the circumstances referred to in subsection (2).
Division 3—Exclusion orders".
23Offence to contravene exclusion order
For the penalty at the foot of section 94F(1)(b) of the Sustainable Forests (Timber) Act 2004 substitute—
"Penalty:120 penalty units.".
24Offence to refuse or fail to comply with direction to leave area to which exclusion order applies
For the penalty at the foot of section 94H(1) of the Sustainable Forests (Timber) Act 2004 substitute—
"Penalty:120 penalty units.".
25Regulations
Before section 96(1)(e) of the Sustainable Forests (Timber) Act 2004 insert—
"(d)prescribing any item or thing which is capable of hindering, obstructing or interfering with timber harvesting operations as a prohibited thing;".
26Repeal of this Act
This Act is repealed on 20 May 2024.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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Endnotes
1 General information
See for Victorian Bills, Acts and current authorised versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 25 May 2022
Legislative Council: 23 June 2022
The long title for the Bill for this Act was "A Bill for an Act to amend the Sustainable Forests (Timber) Act 2004 in relation to enforcement and other matters relating to timber harvesting operations and for other purposes."
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