Untitled document
Conservation, Forests and Lands (Infringement Notice) Amendment Regulations 2012
S.R. No. 93/2012
TABLE OF PROVISIONS
Regulation Page
1Objective
2Authorising provision
3Commencement
4Principal Regulations
5Schedule 2—Forests—new items inserted
6Schedule 2—Wildlife—new item inserted
7Schedule 2—National Parks—new items inserted
8Schedule 2—Reservoir Parks Land—items revoked
9Schedule 2—Crown land—new items inserted
10Schedule 2—Crown Land—items substituted
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ENDNOTES
STATUTORY RULES 2012
S.R. No. 93/2012
Conservation, Forests and Lands Act 1987
Conservation, Forests and Lands (Infringement Notice) Amendment Regulations 2012
The Governor in Council makes the following Regulations:
Dated: 28 August 2012
Responsible Minister:
RYAN SMITH
Minister for Environment and Climate ChangeMATTHEW McBEATH
Clerk of the Executive Council
1Objective
The objective of these Regulations is to amend Schedule 2 to the Conservation, Forests and Lands (Infringement Notice) Regulations 2002—
(a)to prescribe further offences against a relevant law for which an infringement notice may be served; and
(b)to prescribe penalties for those 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 2012.
4Principal Regulations
In these Regulations, the Conservation, Forests and Lands (Infringement Notice) Regulations 2002[1] are called the Principal Regulations.
5Schedule 2—Forests—new items inserted
(1)In Schedule 2 to the Principal Regulations, before item 89 insert—
"83 3387 An offence under section 57Q(1) of the Forests Act 1958 4 penalty units cut or take away 2 cubic metres or less of fallen or felled trees in State forest 84 3388 An offence under section 57W(1) of the Forests Act 1958 4 penalty units in a firewood collection area during a firewood collection season, cut or take away 2 cubic metres or less of fallen or felled trees unless—
(a) the person is a member of a class specified in a determination made under section 57U of the Forests Act 1958; or
(b) the person is a nominee and the nominating person is a member of a class specified in the determination
85 3389 An offence under section 57X(1) of the Forests Act 1958 4 penalty units in any one or more firewood collection areas during a firewood collection season applying to the area or areas, cut or take away more than 2 cubic metres but less than 4 cubic metres of fallen or felled trees in a day 86 3390 An offence under section 57ZD(1) of the Forests Act 1958 2 penalty units in a firewood collection area during a firewood collection season, cut or take away fallen or felled trees that are visibly hollow 87 3391 An offence under section 57ZD(2) of the Forests Act 1958 2 penalty units in a firewood collection area during a firewood collection season, cut or take away fallen or felled trees growing moss or fungi 88 3392 An offence under section 57ZD(3) of the Forests Act 1958 2 penalty units in a firewood collection area during a firewood collection season, fell, cut, chop, break off, dent, scrape or push over a standing tree (whether living or dead) that has a diameter of up to 15 centimetres at a height of 1·3 metres above the ground". (2)In Schedule 2 to the Principal Regulations, after item 131T insert—
"131U 3393 An offence under regulation 7(1) of the Forests (Domestic Firewood) Regulations 2012 4 penalty units within a firewood collection area during a firewood collection season, cut or take away fallen or felled trees within 20 metres of a watercourse 131V 3394 An offence under regulation 7(2) of the Forests (Domestic Firewood) Regulations 2012 2 penalty units within a firewood collection area during a firewood collection season, tow or winch fallen or felled trees along the ground 131W 3395 An offence under regulation 7(3) of the Forests (Domestic Firewood) Regulations 2012 4 penalty units bring heavy machinery into a firewood collection area during a firewood collection season 131X 3396 An offence under regulation 7(4) of the Forests (Domestic Firewood) Regulations 2012 4 penalty units operate heavy machinery in a firewood collection area during a firewood collection season 131Y 3397 An offence under regulation 7(5) of the Forests (Domestic Firewood) Regulations 2012 1 penalty unit within a firewood collection area during a firewood collection season, fill a chainsaw with oil or fuel unless the chainsaw is situated on an impermeable surface". 6Schedule 2—Wildlife—new item inserted
In Schedule 2 to the Principal Regulations, before item 153 insert—
"152L 3398 An offence under section 21AA(1) of the Wildlife Act 1975 4 penalty units cut or take away 2 cubic metres or less of fallen or felled trees in a State Wildlife Reserve or a Nature Reserve". 7Schedule 2—National Parks—new items inserted
(1)In Schedule 2 to the Principal Regulations, after item 216 insert—
"216AA 3399 An offence under section 44A(1) of the National Parks Act 1975 4 penalty units in a park, cut or take away 2 cubic metres or less of fallen or felled trees". (2)In Schedule 2 to the Principal Regulations, after item 242K insert—
"242L 9296 An offence under regulation 63(1) of the National Parks (Park) Regulations 2003 1·25 penalty units occupy an occupation site other than in accordance with an occupation permit issued under section 21(1) of the National Parks Act 1975 242M 9297 An offence under regulation 64(1) of the National Parks (Park) Regulations 2003 1·25 penalty units fail to pay the fee or charge determined for the permit under section 21(2) of the National Parks Act 1975 242N 9298 An offence under regulation 66(1) of the National Parks (Park) Regulations 2003 1·25 penalty units fail to pay fee or charge for the use of any services, facilities or goods in a park for which a fee or charge has been determined by the Minister under section 21(3) of the National Parks Act 1975". 8Schedule 2—Reservoir Parks Land—items revoked
Items 258 to 282 of Schedule 2 to the Principal Regulations are revoked.
9Schedule 2—Crown land—new items inserted
In Schedule 2 to the Principal Regulations, after item 284 insert—
"285
3400
An offence under section 21L(1) of the Crown Land (Reserves) Act 1978
4 penalty units
cut or take away 2 cubic metres or less of fallen or felled trees from land reserved under the Crown Land (Reserves) Act 1978
286
9286
An offence under section 21R(1) of the Crown Land (Reserves) Act 1978
4 penalty units
in a firewood collection area during a firewood collection season, cut or take away 2 cubic metres or less of fallen or felled trees unless—
(a) the person
is a member of a class specified in a determination under section 21P of the Crown Land (Reserves) Act 1978; or(b) the person is a nominee and the nominating person is a member of a class specified in the determination
287
9287
An offence under section 21S(1) of the Crown Land (Reserves) Act 1978
4 penalty units
in any one or more firewood collection areas during a firewood collection season applying to the area or areas, cut or take away more than 2 cubic metres but less than 4 cubic metres of fallen or felled trees in a day
288
9288
An offence under section 21X(1) of the Crown Land (Reserves) Act 1978
2 penalty units
in a firewood collection area during a firewood collection season, cut or take away fallen or felled trees that are visibly hollow
289
9289
An offence under section 21X(2) of the Crown Land (Reserves) Act 1978
2 penalty units
in a firewood collection area during a firewood collection season, cut or take away fallen or felled trees growing moss or fungi
290
9290
An offence under section 21X(4) of the Crown Land (Reserves) Act 1978
2 penalty units
in a firewood collection area during a firewood collection season, fell, cut, chop, break off, dent, scrape or push over a standing tree (whether living or dead) that has a diameter of up to 15 centimetres
at a height of 1·3 metres above the ground291
9291
An offence under regulation 6(1) of the Crown Land (Reserves) (Domestic Firewood) Regulations 2012
4 penalty units
within a firewood collection area during a firewood collection season, cut or take away fallen or felled trees within 20 metres of a watercourse
292
9292
An offence under regulation 6(2) of the Crown Land (Reserves) (Domestic Firewood) Regulations 2012
2 penalty units
within a firewood collection area during a firewood collection season, tow or winch fallen or felled trees along the ground
293
9293
An offence under regulation 6(3) of the Crown Land (Reserves) (Domestic Firewood) Regulations 2012
4 penalty units
bring heavy machinery into a firewood collection area during a firewood collection season
294
9294
An offence under regulation 6(4) of the Crown Land (Reserves) (Domestic Firewood) Regulations 2012
4 penalty units
operate heavy machinery in a firewood collection area during a firewood collection season
295
9295
An offence under regulation 6(5) of the Crown Land (Reserves) (Domestic Firewood) Regulations 2012
1 penalty unit
within a firewood collection area during a firewood collection season, fill a chainsaw with oil or fuel unless the chainsaw is situated on an impermeable surface".
10Schedule 2—Crown Land—items substituted
(1)In Schedule 2 to the Principal Regulations—
(a)in item 305ZZZL, for "6837" substitute "9273";
(b)in item 305ZZZM, for "6838" substitute "9274";
(c)in item 305ZZZN, for "6839" substitute "9275";
(d)in item 305ZZZO, for "6840" substitute "9276";
(e)in item 305ZZZP, for "6841" substitute "9277";
(f)in item 305ZZZQ, for "6842" substitute "9278".
(2)In Schedule 2 to the Principal Regulations, for item 305ZZZR substitute—
"305ZZZR 9279 An offence under section 13(6) of the Crown Land (Reserves) Act 1978 constituted by a contravention of regulation 14(1) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2010 1·25 penalty units as a person in control of a dog, horse or other animal in the Phillip Island Nature Park, fail to collect and remove any faeces deposited in the Park by that dog, horse or other animal". (3)In Schedule 2 to the Principal Regulations—
(a)in item 305ZZZS, for "6844" substitute "9280";
(b)in item 305ZZZT, for "6845" substitute "9281";
(c)in item 305ZZZU, for "6846" substitute "9282";
(d)in item 305ZZZV, for "6847" substitute "9283";
(e)in item 305ZZZW, for "6848" substitute "9284";
(f)in item 305ZZZX, for "6849" substitute "9285".
(4)In Schedule 2 to the Principal Regulations, for item 305ZZZZA substitute—
"305ZZZZA 9098 An offence under section 13(6) of the Crown Land (Reserves) Act 1978 constituted by a contravention of regulation 18(4) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2010 1·25 penalty units as a person who camps in an area of the Phillip Island Nature Park set aside for camping under regulation 18(1) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2010 or in accordance with a permit issued under regulation 18(3) of those Regulations, fail to maintain the campsite in a clean and tidy condition and, before vacating the campsite, fail to clear his or her litter and personal equipment from the site". (5)In Schedule 2 to the Principal Regulations, for item 305ZZZZJ substitute—
"305ZZZZJ 9157 An offence under section 13(6) of the Crown Land (Reserves) Act 1978 constituted by a contravention of regulation 27(1)(a) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2010 1·25 penalty units possess, carry or use poison in the Phillip Island Nature Park other than in accordance with regulation 27(3) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2010". (6)In Schedule 2 to the Principal Regulations, for item 305ZZZZL substitute—
"305ZZZZL
9159
An offence under section 13(6) of the Crown Land (Reserves) Act 1978 constituted by a contravention of regulation 27(1)(d) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2010
1·25 penalty units
possess, carry or use a trap, snare, net or similar equipment in the Phillip Island Nature Park other than in accordance with regulation 27(2) or (3) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2010".
(7)In Schedule 2 to the Principal Regulations, for items 305ZZZZO and 305ZZZZP substitute—
"305ZZZZO
9162
An offence under section 13(6) of the Crown Land (Reserves) Act 1978 constituted by a contravention of regulation 33 of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2010
1·25 penalty units
use or dispose of any soap, detergent or similar substance in the Phillip Island Nature Park within 50 metres of any sea, river, stream, creek, well, spring, dam, lake, reservoir, bore or waterbody
305ZZZZP
9163
An offence under section 13(6) of the Crown Land (Reserves) Act 1978 constituted by a contravention of regulation 34(2) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2010
1·25 penalty units
as a person who occupies or uses an area of the Phillip Island Nature Park, fail to remove all his or her litter from the site before vacating".
(8)In Schedule 2 to the Principal Regulations, for item 305ZZZZZB substitute—
"305ZZZZZB
9175
An offence under section 13(6) of the Crown Land (Reserves) Act 1978 constituted by a contravention of regulation 15 of the Crown Land (Reserves) (Yarra Park) Regulations 2010
1·25 penalty units
as a person in charge of any animal in the Yarra Park Reserve, fail to collect and remove any excrement left in the Park by that animal or fail to ensure that the excrement is placed in a receptacle provided in the Park for that purpose".
(9)In Schedule 2 to the Principal Regulations, for item 305ZZZZZV substitute—
"305ZZZZZV
9195
An offence under section 13(6) of the Crown Land (Reserves) Act 1978 constituted by a contravention of regulation 25(1) of the Crown Land (Reserves) (Yarra Park) Regulations 2010
1·25 penalty units
plant or introduce any flora in or into the Yarra Park Reserve other than in accordance with a permit issued by the Committee".
(10)In Schedule 2 to the Principal Regulations, for items 305ZZZZZZC and 305ZZZZZZD substitute—
| "305ZZZZZZC | 9202 | An offence under section 13(6) of the Crown Land (Reserves) Act 1978 constituted by a contravention of regulation 30(1)(a) of the Crown Land (Reserves) (Yarra Park) Regulations 2010 | 1·25 penalty units | possess, carry or use poison in the Yarra Park Reserve other than in accordance with a permit issued by the Committee |
| 305ZZZZZZD | 9203 | An offence under section 13(6) of the Crown Land (Reserves) Act 1978 constituted by a contravention of regulation 30(1)(c) of the Crown Land (Reserves) (Yarra Park) Regulations 2010 | 1·25 penalty units | possess, carry or use a trap, snare, net or similar equipment in the Yarra Park Reserve other than in accordance with a permit issued by the Committee". |
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ENDNOTES
[1]
Reg. 4: S.R. No. 48/2002. Reprint No. 2 as at 9 February 2007. Reprinted to S.R. No. 150/2006. Subsequently amended by
S.R. Nos 14/2009, 37/2010, 58/2010 and 86/2011 and extended in operation by S.R. No. 54/2012.
——
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.
In accordance with section 11 of the Monetary Units Act 2004, the value of a penalty unit for the financial year commencing 1 July 2012 is $140.84.
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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