Untitled document
Conservation, Forests and Lands (Primary Industries Infringement Notices) Amendment Regulations 2017
S.R. No. 88/2017
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provision
3Commencement
4Principal Regulations
5Amendment of Part 1 of Schedule 2
6Amendment of Part 1A of Schedule 2
7Amendment of Part 9 of Schedule 2
8Amendment of Part 36 of Schedule 2
9Amendment of Part 37 of Schedule 2
10Amendment of Part 42 of Schedule 2
11Amendment of Part 43 of Schedule 2
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Endnotes
STATUTORY RULES 2017
S.R. No. 88/2017
Conservation, Forests and Lands Act 1987
Conservation, Forests and Lands (Primary Industries Infringement Notices) Amendment Regulations 2017
The Governor in Council makes the following Regulations:
Dated: 29 August 2017
Responsible Minister:
JAALA PULFORD
Minister for AgricultureANDREW ROBINSON
Clerk of the Executive Council
1Objective
The objective of these Regulations is to amend the Conservation, Forests and Lands (Primary Industries Infringement Notices) Regulations 2013—
(a)to prescribe further offences against a relevant law for which an infringement notice may be served; and
(b)to prescribe infringement penalties for those infringement offences.
2Authorising provision
These Regulations are made under section 99 of the Conservation, Forests and Lands Act 1987.
3Commencement
These Regulations come into operation on 1 September 2017.
4Principal Regulations
In these Regulations, the Conservation, Forests and Lands (Primary Industries Infringement Notices) Regulations 2013[1] are called the Principal Regulations.
5Amendment of Part 1 of Schedule 2
(1)After item 4 of Schedule 2 to the Principal Regulations insert—
| "4AA | An offence against section 53(1) of the Act constituted by a contravention of regulation 52(1)(a) of the Regulations | 0·5 penalty units". |
(2)After item 4B of Schedule 2 to the Principal Regulations insert—
| "4BA | An offence against section 53(4) of the Act constituted by a contravention of regulation 58A of the Regulations | 3 penalty units |
| 4BB | An offence against section 53(4) of the Act constituted by a contravention of regulation 71A(2) of the Regulations | 3 penalty units". |
(3)After item 4D of Schedule 2 to the Principal Regulations insert—
| "4E | An offence against section 67(3) of the Act constituted by a contravention of regulation 116A of the Regulations | 5 penalty units". |
(4)After item 9 of Schedule 2 to the Principal Regulations insert—
| "9A | An offence against section 68A(3)(a) of the Act constituted by a contravention of regulation 118A(1) of the Regulations | 3 penalty units". |
(5)After item 11 of Schedule 2 to the Principal Regulations insert—
| "11A | An offence against section 68A(3)(a) of the Act in relation to the minimum size prescribed in regulation 404A of the Regulations | 3 penalty units". |
(6)After item 15B of Schedule 2 to the Principal Regulations insert—
| "15C | An offence against section 111(1)(g) of the Act | 5 penalty units |
| 15D | An offence against section 111(1)(h) of the Act | 5 penalty units |
| 15E | An offence against section 111(1)(i) of the Act constituted by a failure to comply with section 85(2) of the Act | 4 penalty units |
| 15F | An offence against section 111(1)(i) of the Act constituted by a failure to comply with section 101G(3)(b) of the Act | 3 penalty units |
| 15G | An offence against section 111(1)(i) of the Act constituted by a failure to comply with section 101G(3)(c) of the Act | 3 penalty units |
| 15H | An offence against section 111(1)(i) of the Act constituted by a failure to comply with section 102(4) of the Act | 3 penalty units |
| 15I | An offence against section 111(1)(i) of the Act constituted by a failure to comply with section 102(5) of the Act | 3 penalty units |
| 15J | An offence against section 111(1)(i) of the Act constituted by a failure to comply with section 102(6)(a) of the Act | 5 penalty units |
| 15K | An offence against section 111(1)(i) of the Act constituted by a failure to comply with section 102(6A)(a) of the Act | 5 penalty units". |
6Amendment of Part 1A of Schedule 2
After item 32B of Schedule 2 to the Principal Regulations insert—
| "32C | An offence against regulation 69AA(2) of the Regulations | 5 penalty units |
| 32D | An offence against regulation 69AAB of the Regulations | 5 penalty units |
| 32E | An offence against regulation 116B of the Regulations | 3 penalty units". |
7Amendment of Part 9 of Schedule 2
After item 186 of Schedule 2 to the Principal Regulations insert—
| "186A | An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a CFL holder to comply with regulation 46 of the Regulations if the offence involves a priority species | 5 penalty units |
| 186B | An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a CFL holder to comply with regulation 46 of the Regulations if the offence does not involve a priority species | 3 penalty units". |
8Amendment of Part 36 of Schedule 2
(1)Before item 316 of Schedule 2 to the Principal Regulations insert—
| "316AA | An offence against section 53(1) of the Act constituted by the failure of a WP/PPBFAL holder to comply with regulation 219A(1) of the Regulations | 3 penalty units |
| 316AB | An offence against section 53(1) of the Act constituted by the failure of a WP/PPBFAL holder to comply with regulation 219B(1) of the Regulations | 3 penalty units |
| 316AC | An offence against section 53(1) of the Act constituted by the failure of a WP/PPBFAL holder to comply with regulation 219B(3) of the Regulations | 3 penalty units |
| 316AD | An offence against section 53(1) of the Act constituted by the failure of a WP/PPBFAL holder to comply with regulation 219C of the Regulations | 3 penalty units |
| 316AE | An offence against section 53(1) of the Act constituted by the failure of a WP/PPBFAL holder to comply with regulation 219D(1) of the Regulations | 3 penalty units |
| 316AF | An offence against section 53(1) of the Act constituted by the failure of a WP/PPBFAL holder to comply with regulation 219D(2) of the Regulations | 3 penalty units |
| 316AG | An offence against section 53(1) of the Act constituted by the failure of a WP/PPBFAL holder to comply with regulation 219E(1) of the Regulations | 3 penalty units |
| 316AH | An offence against section 53(1) of the Act constituted by the failure of a WP/PPBFAL holder to comply with regulation 219E(3) of the Regulations | 3 penalty units |
| 316AI | An offence against section 53(1) of the Act constituted by the failure of a WP/PPBFAL holder to comply with regulation 219G(1) of the Regulations | 3 penalty units |
| 316AJ | An offence against section 53(1) of the Act constituted by the failure of a WP/PPBFAL holder to comply with regulation 219G(2) of the Regulations | 3 penalty units |
| 316AK | An offence against section 53(1) of the Act constituted by the failure of a WP/PPBFAL holder to comply with regulation 219G(3) of the Regulations | 3 penalty units |
| 316AL | An offence against section 53(1) of the Act constituted by the failure of a WP/PPBFAL holder to comply with regulation 219H(1) of the Regulations | 3 penalty units |
| 316AM | An offence against section 53(1) of the Act constituted by the failure of a WP/PPBFAL holder to comply with regulation 219H(2) of the Regulations | 3 penalty units |
| 316AN | An offence against section 53(1) of the Act constituted by the failure of a WP/PPBFAL holder to comply with a condition referred to in regulation 219I(a) of the Regulations | 3 penalty units |
| 316AO | An offence against section 53(1) of the Act constituted by the failure of a WP/PPBFAL holder to comply with a condition referred to in regulation 219I(b) of the Regulations | 3 penalty units |
| 316AP | An offence against section 53(1) of the Act constituted by the failure of a WP/PPBFAL holder to comply with a condition referred to in regulation 219I(c) of the Regulations | 3 penalty units |
| 316AQ | An offence against section 53(1) of the Act constituted by the failure of a WP/PPBFAL holder to comply with a condition referred to in regulation 219I(d) of the Regulations | 3 penalty units |
| 316AR | An offence against section 53(1) of the Act constituted by the failure of a WP/PPBFAL holder to comply with regulation 219J(1) of the Regulations | 3 penalty units |
| 316AS | An offence against section 53(1) of the Act constituted by the failure of a WP/PPBFAL holder to comply with regulation 219J(2) of the Regulations | 3 penalty units |
| 316AT | An offence against section 53(1) of the Act constituted by the failure of a WP/PPBFAL holder to comply with regulation 219J(3) of the Regulations | 3 penalty units |
| 316AU | An offence against section 53(1) of the Act constituted by the failure of a WP/PPBFAL holder to comply with regulation 219K(1) of the Regulations | 5 penalty units |
| 316AV | An offence against section 53(1) of the Act constituted by the failure of a WP/PPBFAL holder to comply with regulation 219K(2)(a) of the Regulations | 5 penalty units |
| 316AW | An offence against section 53(1) of the Act constituted by the failure of a WP/PPBFAL holder to comply with regulation 219K(2)(b) of the Regulations | 5 penalty units |
| 316AX | An offence against section 53(1) of the Act constituted by the failure of a WP/PPBFAL holder to comply with regulation 219K(2)(c) of the Regulations | 5 penalty units |
| 316AY | An offence against section 53(1) of the Act constituted by the failure of a WP/PPBFAL holder to comply with regulation 219L of the Regulations | 3 penalty units". |
(2)After item 319 of Schedule 2 to the Principal Regulations insert—
| "319A | An offence against section 53(1) of the Act constituted by the failure of a WP/PPBFAL holder to comply with regulation 222(1)(a) of the Regulations | 3 penalty units |
| 319B | An offence against section 53(1) of the Act constituted by the failure of a WP/PPBFAL holder to comply with regulation 222(1)(b) of the Regulations | 3 penalty units |
| 319C | An offence against section 53(1) of the Act constituted by the failure of a WP/PPBFAL holder to comply with regulation 222(1)(c) of the Regulations | 3 penalty units". |
9Amendment of Part 37 of Schedule 2
(1)Before item 334 of Schedule 2 to the Principal Regulations insert—
| "334AA | An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a WP/PPBFAL holder to comply with regulation 219A(1) of the Regulations | 3 penalty units | |
| 334AB | An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a WP/PPBFAL holder to comply with regulation 219B(1) of the Regulations | 3 penalty units | |
| 334AC | An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a WP/PPBFAL holder to comply with regulation 219B(3) of the Regulations | 3 penalty units | |
| 334AD | An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a WP/PPBFAL holder to comply with regulation 219C of the Regulations | 3 penalty units |
| 334AE | An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a WP/PPBFAL holder to comply with regulation 219D(1) of the Regulations | 3 penalty units |
| 334AF | An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a WP/PPBFAL holder to comply with regulation 219D(2) of the Regulations | 3 penalty units |
| 334AG | An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a WP/PPBFAL holder to comply with regulation 219E(1) of the Regulations | 3 penalty units |
| 334AH | An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a WP/PPBFAL holder to comply with regulation 219E(3) of the Regulations | 3 penalty units |
| 334AI | An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a WP/PPBFAL holder to comply with regulation 219G(1) of the Regulations | 3 penalty units |
| 334AJ | An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a WP/PPBFAL holder to comply with regulation 219G(2) of the Regulations | 3 penalty units |
| 334AK | An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a WP/PPBFAL holder to comply with regulation 219G(3) of the Regulations | 3 penalty units |
| 334AL | An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a WP/PPBFAL holder to comply with regulation 219H(1) of the Regulations | 3 penalty units |
| 334AM | An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a WP/PPBFAL holder to comply with regulation 219H(2) of the Regulations | 3 penalty units |
| 334AN | An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a WP/PPBFAL holder to comply with a condition referred to in regulation 219I(a) of the Regulations | 3 penalty units |
| 334AO | An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a WP/PPBFAL holder to comply with a condition referred to in regulation 219I(b) of the Regulations | 3 penalty units |
| 334AP | An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a WP/PPBFAL holder to comply with a condition referred to in regulation 219I(c) of the Regulations | 3 penalty units |
| 334AQ | An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a WP/PPBFAL holder to comply with a condition referred to in regulation 219I(d) of the Regulations | 3 penalty units |
| 334AR | An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a WP/PPBFAL holder to comply with regulation 219J(1) of the Regulations | 3 penalty units |
| 334AS | An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a WP/PPBFAL holder to comply with regulation 219J(2) of the Regulations | 3 penalty units |
| 334AT | An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a WP/PPBFAL holder to comply with regulation 219J(3) of the Regulations | 3 penalty units |
| 334AU | An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a WP/PPBFAL holder to comply with regulation 219K(1) of the Regulations | 5 penalty units |
| 334AV | An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a WP/PPBFAL holder to comply with regulation 219K(2)(a) of the Regulations | 5 penalty units |
| 334AW | An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a WP/PPBFAL holder to comply with regulation 219K(2)(b) of the Regulations | 5 penalty units |
| 334AX | An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a WP/PPBFAL holder to comply with regulation 219K(2)(c) of the Regulations | 5 penalty units |
| 334AY | An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a WP/PPBFAL holder to comply with regulation 219L of the Regulations | 3 penalty units". |
(2)After item 337 of Schedule 2 to the Principal Regulations insert—
| "337A | An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a WP/PPBFAL holder to comply with regulation 222(1)(a) of the Regulations | 3 penalty units |
| 337B | An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a WP/PPBFAL holder to comply with regulation 222(1)(b) of the Regulations | 3 penalty units |
| 337C | An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a WP/PPBFAL holder to comply with regulation 222(1)(c) of the Regulations | 3 penalty units". |
10Amendment of Part 42 of Schedule 2
After item 419 of Schedule 2 to the Principal Regulations insert—
| "419A | An offence against section 53(1) of the Act constituted by the failure of a RLFAL holder to comply with regulation 354(2) of the Regulations | 3 penalty units". |
11Amendment of Part 43 of Schedule 2
After item 449 of Schedule 2 to the Principal Regulations insert—
| "449A | An offence against section 53(4) of the Act constituted by the failure of a person acting on behalf of a RLFAL holder to comply with regulation 354(2) of the Regulations | 3 penalty units". |
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Endnotes
[1] Reg. 4: S.R. No. 61/2013 as amended by S.R. Nos 40/2014 and 185/2014.
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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 2017 is $158.57.
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.
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