Untitled document
Sustainable Forests (Timber) and Wildlife Amendment Act 2014
No. 11 of 2014
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendment of Sustainable Forests (Timber) Act 2004
3Purposes of the Sustainable Forests (Timber) Act 2004
4Definitions
5Plan to be submitted to Secretary
6New Part 7A inserted
Part 7A—Timber Harvesting Safety Zones
77APower to declare certain areas for the purposes of this Part
77BWhat is a timber harvesting safety zone?
77CNotice of timber harvesting safety zone to be given
77DDirection to leave a timber harvesting safety zone
77EDirection to stop or move a vehicle in a timber harvesting safety zone
77FDirection to remove a dog from a timber harvesting safety zone
77GOffence to enter or remain in a timber harvesting
safety zone77HOffence to be in possession of a prohibited thing in a timber harvesting safety zone
77IOffence to allow a dog to enter a timber harvesting safety zone
77JOffence to remove or destroy a barrier or fence
77KOffence to remove or destroy notice
7New Part 8A inserted
Part 8A—Enforceable Undertakings
83AEnforceable undertakings
83BEnforcement of undertakings
83CRegister of undertakings
8Power to seize items
9Return of seized items
10New section 89A inserted
89ARetention and return or forfeiture of certain seized
items
11Recovery of seized item and compensation
12Forfeiture to Crown
13New section 92A inserted
92ATime for bringing certain proceedings
14New Parts 9A and 9B inserted
Part 9A—General Offences
94AOffence to hinder, obstruct or interfere with timber harvesting operations by using prohibited thing
94BOffence to hinder, obstruct or interfere with timber harvesting operations
Part 9B—Exclusion Orders
94CMeaning of specified offence
94DExclusion orders
94EVariation of exclusion order
94FOffence to contravene exclusion order
94GDirection to leave area to which exclusion order
applies94HOffence to refuse or fail to comply with direction to leave area to which exclusion order applies
15Native title rights and interests not affected
16New Schedule 2 inserted
SCHEDULE 2—Authorised persons for the purposes of
Part 7A
Part 3—Amendment of Wildlife Act 1975
17Definitions
18Authorisation Orders as to taking etc. wildlife
19Hunting, taking or destroying game
20Offence for certain persons to enter on or remain in specified hunting area
21Offence to approach a person who is hunting
22Hindering or obstructing hunting
23New Part VIIA inserted
Part VIIA—Banning Notices and Exclusion Orders
Division 1—Interpretation
58FMeaning of specified offence
Division 2—Banning notices
58GIssue of banning notice
58HContent of banning notice
58IVariation and revocation of banning notice
58JOffence to contravene banning notice
58KDirection to leave area to which banning notice
applies58LOffence to refuse or fail to comply with direction to leave area to which banning notice applies
Division 3—Exclusion orders
58MExclusion orders
58NVariation of exclusion order
58OOffence to contravene exclusion order
58PDirection to leave area to which exclusion order
applies58QOffence to refuse or fail to comply with direction to leave area to which exclusion order applies
Division 4—General
58RDisclosure of information for enforcement purposes
24Offenders to give name and address on demand
25Section 86 amended
26Regulations
Part 4—Amendment of Safety on Public Land Act 2004
27Declaration of public safety zone
28Public safety zone declaration for timber harvesting
operations not to exceed 12 months
Part 5—Repeal of Amending Act
29Repeal of amending Act
═══════════════
Endnotes
Sustainable Forests (Timber) and Wildlife Amendment Act 2014
No. 11 of 2014
[Assented to 25 February 2014]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The main purposes of this Act are—
(a)to amend the Sustainable Forests (Timber) Act 2004—
(i)to establish, and to provide for the enforcement of, timber harvesting safety zones; and
(ii)to provide for enforceable undertakings; and
(iii)to provide for the retention and return or forfeiture of certain seized items; and
(iv)to extend the time for bringing certain proceedings; and
(v)to insert offences related to hindering, obstructing or interfering with timber harvesting operations; and
(vi)to provide for exclusion orders; and
(vii)to make other minor amendments; and
(b)to amend the Wildlife Act 1975—
(i)to further provide for the meaning of close season and open season; and
(ii)to increase the penalties for certain offences related to hunting; and
(iii)to provide for banning notices; and
(iv)to provide for exclusion orders; and
(v)to make other minor amendments; and
(c)to amend the Safety on Public Land Act 2004 to make consequential amendments.
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 1 January 2015, it comes into operation on that day.
__________________
Part 2—Amendment of Sustainable Forests (Timber) Act 2004
3Purposes of the Sustainable Forests (Timber) Act 2004
After section 1(ac) of the Sustainable Forests (Timber) Act 2004 insert—
"(ad)to establish, and to provide for the enforcement of, timber harvesting safety zones so as to reduce risks to public safety and disruption of timber harvesting operations;
(ae)to deter activities that create risks to public safety in timber harvesting safety zones and that cause disruption of timber harvesting operations;".
4Definitions
(1)In section 3 of the Sustainable Forests (Timber) Act 2004 insert the following definitions—
"authorised person means a person specified in Schedule 2;
Country Fire Authority has the same meaning as Authority has in the Country Fire Authority Act 1958;
Department means the Department of Environment and Primary Industries;
Environment Protection Authority has the same meaning as Authority has in the Environment Protection Act 1970;
exclusion order means an order made under section 94D;
member of the police force has the same meaning as member of the force has in the Police Regulation Act 1958;
prohibited thing means—
(a)a bolt cutter; or
(b)cement or mortar mix; or
(c)a constructed metal or timber frame; or
(d)a linked or a heavy steel chain; or
(e)a shackle or joining clip;
State Emergency Service has the same meaning as Service has in the Victoria State Emergency Service Act 2005;
timber harvesting safety zone has the meaning given by section 77B;
traditional owner group has the same meaning as in the Traditional Owner Settlement Act 2010;
transport authority means—
(a)a road authority within the meaning of the Road Management Act 2004; or
(b)a rail corporation, a train operator or a tram operator under the Rail Management Act 1996; or
(c)a person operating a regular passenger service within the meaning of the Bus Services Act 1995 under the authority of a service contract within the meaning of that Act; or
(d)the Director, Transport Safety within the meaning of the Transport Integration Act 2010; or
(e)a person to whom section 61, 62, 63, 64, 65, 66 or 67 of the Rail Management Act 1996 applies;
utility means—
(a)an entity (whether publicly or privately owned) which provides, or intends to provide, water, sewerage, drainage, gas, electricity, telephone, telecommunication or other like services under the authority of an Act of Victoria or the Commonwealth; or
(b)any person who under the Pipelines Act 2005 is the holder of a licence to construct and operate a pipeline;
VicRoads has the same meaning as Roads Corporation has in the Transport Integration Act 2010;
WorkSafe Victoria has the same meaning as it has in the Accident Compensation Act 1985.".
(2)In section 3 of the Sustainable Forests (Timber) Act 2004, for the definition of coupe substitute—
"coupe means a specific area of State forest identified for the purposes of timber harvesting and regeneration in a timber release plan and in Part 7A includes the following—
(a)a coupe specified in a Wood Utilisation Plan prepared under the Code of Practice for Timber Production made under Part 5 of the Conservation, Forests and Lands Act 1987;
(b)an area specified in a licence granted under section 52 of the Forests Act 1958—
(i)for a purpose referred to in subsection (1A)(c), (d), (e), (f) or (g) of that section; and
(ii)in respect of which a declaration under section 77A has been made;".
(3)In section 3 of the Sustainable Forests (Timber) Act 2004, for the definition of timber harvesting operations substitute—
"timber harvesting operations means any of the following kinds of activities carried out by VicForests or by any other person or body—
(a)for the primary purpose of the sale, or the processing and sale—
(i)felling or cutting trees or parts of trees;
(ii)taking or removing timber;
(iii)delivering timber to a buyer or transporting to a place for collection by a buyer or sale to a buyer;
(iv)any works, including road works, ancillary to any of the activities referred to in subparagraphs (i) to (iii); or
(b)for the supply of pulpwood in accordance with a Plan of Utilization within the meaning of the Agreement set out in the Schedule to the Forests (Wood Pulp Agreement) Act 1996, an activity of a kind referred to in paragraph (a)(i) to (iv); or
(c)regeneration burning—
but does not include the collection of firewood for domestic use;".
(4)In section 3 of the Sustainable Forests (Timber) Act 2004, in the definition of VicForests, for "1987." substitute "1987;".
5Plan to be submitted to Secretary
Section 39 of the Sustainable Forests (Timber) Act 2004 is repealed.
6New Part 7A inserted
After Part 7 of the Sustainable Forests (Timber) Act 2004 insert—
"Part 7A—Timber Harvesting Safety Zones
77APower to declare certain areas for the purposes of this Part
For the purposes of paragraph (b)(ii) of the definition of coupe, the Minister, by order published in the Government Gazette, may declare an area specified in a licence granted under section 52 of the Forests Act 1958 for a purpose referred to in subsection (1A)(c), (d), (e), (f) or (g) of that section to be a coupe for the purposes of this Part.
77BWhat is a timber harvesting safety zone?
A timber harvesting safety zone is—
(a)a coupe; and
(b)any road that is within that coupe that has been closed for the purposes of timber harvesting operations; and
(c)any area of State forest that is within 150 metres from the boundary of that coupe.
77CNotice of timber harvesting safety zone to be given
(1)Before the initial commencement of timber harvesting operations in a particular timber harvesting safety zone, the person conducting the operations must ensure that a notice that complies with subsection (2) is—
(a)conspicuously displayed on or near the zone including on any road that is an entry point to the zone; and
(b)in the case of timber harvesting operations conducted by VicForests in an area to which an allocation order applies, published on VicForests' Internet site.
(2)A notice under subsection (1) must—
(a)specify the location of the timber harvesting safety zone; and
(b)specify the commencement date of timber harvesting operations in that zone; and
(c)state that offences and penalties apply in that zone.
77DDirection to leave a timber harvesting safety zone
(1)An authorised officer may direct a person to leave a timber harvesting safety zone (and not re-enter the zone) in a manner specified in the direction.
(2)A person must not refuse or fail to comply with a direction under subsection (1).
Penalty:20 penalty units.
77EDirection to stop or move a vehicle in a timber harvesting safety zone
(1)An authorised officer may direct a person operating a vehicle in a timber harvesting safety zone to stop or manoeuvre the vehicle in a manner specified in the direction.
(2)A person must not refuse or fail to comply with a direction under subsection (1).
Penalty:20 penalty units.
77FDirection to remove a dog from a timber harvesting safety zone
(1)An authorised officer may direct a person in apparent control of a dog in a timber harvesting safety zone notice of which has been given in accordance with section 77C to remove the dog from the zone.
(2)A person must not refuse or fail to comply with a direction under subsection (1).
Penalty:20 penalty units.
77GOffence to enter or remain in a timber harvesting safety zone
A person (other than an authorised person) must not enter, or remain in, a timber harvesting safety zone notice of which has been given in accordance with section 77C.
Penalty:20 penalty units.
77HOffence to be in possession of a prohibited thing in a timber harvesting safety zone
A person (other than an authorised person) must not be in possession of a prohibited thing in a timber harvesting safety zone notice of which has been given in accordance with section 77C.
Penalty:20 penalty units.
77IOffence to allow a dog to enter a timber harvesting safety zone
A person must not allow a dog to enter a timber harvesting safety zone notice of which has been given in accordance with section 77C.
Penalty:20 penalty units.
77JOffence to remove or destroy a barrier or fence
A person must not unlawfully break down, damage or destroy a barrier or fence which has been erected to prohibit or restrict access to a timber harvesting safety zone.
Penalty:60 penalty units.
77KOffence to remove or destroy notice
A person must not unlawfully alter, obliterate, deface, remove or destroy a notice displayed in accordance with section 77C.
Penalty:60 penalty units.
__________________".
7New Part 8A inserted
After Part 8 of the Sustainable Forests (Timber) Act 2004 insert—
"Part 8A—Enforceable Undertakings
83AEnforceable undertakings
(1)The Secretary may enter into a written undertaking with a person who has contravened, or allegedly contravened, section 45.
(2)An undertaking under subsection (1) must—
(a)be in writing; and
(b)detail the conduct constituting the contravention, or alleged contravention, of section 45.
(3)A person may withdraw or vary an undertaking with the consent of the Secretary.
(4)While an undertaking is in force, a proceeding may not be brought for an offence constituted by the contravention in respect of which the undertaking is given.
(5)If a person withdraws an undertaking before the undertaking has been fulfilled, proceedings may be brought for the offence constituted by the contravention or alleged contravention in respect of which the undertaking was given.
(6)If a person complies with the requirements of an undertaking, no further proceedings may be brought for an offence constituted by the contravention or alleged contravention in respect of which the undertaking was given.
83BEnforcement of undertakings
(1)If the Secretary considers that a person who gave an undertaking under section 83A has contravened any of its terms, the Secretary may apply to the Magistrates' Court for an order under subsection (2).
(2)If the Magistrates' Court is satisfied that the person has contravened a term of the undertaking, the Magistrates' Court may make any of the following orders—
(a)an order directing the person to comply with that term of the undertaking;
(b)an order that the person take any specified action for the purpose of complying with the undertaking;
(c)any other order that the Magistrates' Court considers appropriate in the circumstances.
(3)If a person fails to comply with an order made under subsection (2), the Secretary may give the person a written notice advising the person that the Secretary intends to carry out specified actions that remain to be done under the order unless the person satisfies the Secretary that the person will carry out those actions within a period of time acceptable to the Secretary.
(4)A person who is given a written notice under subsection (3) must respond to it within 14 days after being given the notice.
(5)If a person who has been given a notice under subsection (3) fails to give the Secretary a satisfactory response within 14 days, or fails to comply with any undertaking given to the Secretary in response to the notice, the Secretary—
(a)may do anything that is necessary or expedient to carry out any action that remains to be done under the order and that it is still practicable to do; and
(b)may publicise the failure of the person to comply with the order.
(6)Subsections (3), (4) and (5) do not prevent contempt of court proceedings from being commenced or continued against a person who has failed to comply with an order made under subsection (2).
(7)If a person is found in contempt of court for failing to comply with an order made under subsection (2), the Secretary—
(a)may do anything that is necessary or expedient to carry out any action that remains to be done under the order and that it is still practicable to do; and
(b)may publicise the failure of the person to comply with the order.
(8)The Secretary may recover any reasonable cost the Secretary incurs in taking action under subsection (5) or (7) as a debt due and payable by the person against whom the order was made under subsection (2).
83CRegister of undertakings
(1)The Secretary must maintain a register of undertakings given under section 83A.
(2)The Secretary must enter details of each undertaking given under section 83A in the register of undertakings.
(3)The register of undertakings must include—
(a)the date the undertaking was given; and
(b)a copy of the undertaking.
(4)A person may inspect the register of undertakings at any reasonable time without charge.
__________________".
8Power to seize items
For section 88(1) of the Sustainable Forests (Timber) Act 2004 substitute—
"(1)If an authorised 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 may seize any item that the officer believes on reasonable grounds—
(a)was used in the commission of the offence; or
(b)is being used in the commission of the offence; or
(c)is about to be used in the commission of the offence.".
9Return of seized items
In section 89(1)(b) of the Sustainable Forests (Timber) Act 2004, for "ensure that" substitute "in the case of an item that is not a prohibited thing, ensure that".
10New section 89A inserted
After section 89 of the Sustainable Forests (Timber) Act 2004 insert—
"89A Retention and return or forfeiture of certain seized items
(1)This section applies if an authorised officer—
(a)seizes an item that the officer believes on reasonable grounds is a prohibited thing; and
(b)serves an infringement notice for an offence against section 77H on the person from whom the thing was seized.
(2)An authorised officer, as soon as practicable after seizing the thing, must inform the person from whom the thing was seized of that person's right to have it returned if a circumstance set out in subsection (4) occurs.
(3)An authorised officer must take reasonable steps to return the thing to the person within 90 days after a circumstance referred to in subsection (4) occurs.
(4)The circumstances are—
(a)an authorised officer withdraws the infringement notice without—
(i)referring the matter for which the infringement notice has been served to the Magistrates' Court under section 17(1) of the Infringements Act 2006; or
(ii)filing a charge-sheet and summons in the Children's Court for the matter of the infringement offence to be dealt with; or
(iii)serving, on that person, an official warning (within the meaning of the Infringements Act 2006) in place of the infringement notice; or
(b)the Magistrates' Court cancels the infringement notice under section 38 of the Infringements Act 2006; or
(c)the Children's Court cancels the infringement notice under clause 16 of Schedule 3 to the Children, Youth and Families Act 2005.
(5)Despite anything to the contrary in Division 5 of Part 2 of the Infringements Act 2006, any prohibited thing that has been seized is forfeited to the Crown if—
(a)the person on whom the infringement notice has been served expiates that offence by payment of the infringement penalty in accordance with that Act; or
(b)payment of the infringement penalty is not made in accordance with section 14 or 15 of that Act and the person on whom the infringement notice has been served does not elect to have the matter of the infringement offence heard and determined in the Court in accordance with Part 2 of that Act.".
11Recovery of seized item and compensation
In section 90 of the Sustainable Forests (Timber) Act 2004, after "If an item" insert "(other than a prohibited thing)".
12Forfeiture to Crown
(1)In section 91(1) of the Sustainable Forests (Timber) Act 2004, after "section 88" insert "(other than a prohibited thing)".
(2)After section 91(1) of the Sustainable Forests (Timber) Act 2004 insert—
"(1A)A prohibited thing seized under section 88 is forfeited to the Crown if—
(a)the thing is not returned under section 89A to the person from whom it was seized; or
(b)a court finds a person guilty of an offence against section 77H or 94A in connection with the thing.".
(3)In section 91(2) of the Sustainable Forests (Timber) Act 2004, for "(1)" substitute
"(1) or (1A)".
13New section 92A inserted
After section 92 of the Sustainable Forests (Timber) Act 2004 insert—
"92A Time for bringing certain proceedings
Despite section 7 of the Criminal Procedure Act 2009, a proceeding for an offence against section 45 may be commenced not later than 2 years after the date on which the offence is alleged to have been committed.".
14New Parts 9A and 9B inserted
After Part 9 of the Sustainable Forests (Timber) Act 2004 insert—
"Part 9A—General Offences
94AOffence to hinder, obstruct or interfere with timber harvesting operations by using prohibited thing
A person must not intentionally hinder, obstruct or interfere with timber harvesting operations by using a prohibited thing.
Penalty:60 penalty units or 6 months imprisonment.
94BOffence to hinder, obstruct or interfere with timber harvesting operations
A person must not hinder, obstruct or interfere with timber harvesting operations.
Penalty:20 penalty units.
__________________
Part 9B—Exclusion Orders
94CMeaning of specified offence
In this Part, specified offence means—
(a)an offence against section 77D(2), 77E(2), 77F(2), 77G, 77H, 77I, 77J or 77K; or
(b)an offence against section 86 or 87; or
(c)an offence against section 94A or 94B; or
(d)an offence against section 94F(1) or 94H; or
(e)an offence against a provision of Part 3 of the Safety on Public Land Act 2004 that relates to a public safety zone declared under section 4(2)(g) of that Act as in force immediately before its repeal.
94DExclusion orders
(1)A court may make an order excluding a person (the offender) from a timber harvesting safety zone or any area of State forest specified in the order, for the period specified in the order, if the court—
(a)finds the offender guilty of a specified offence; and
(b)is satisfied that the order may be an effective and reasonable means of preventing the offender from committing a further specified offence.
(2)An exclusion order may be made—
(a)on the application of—
(i)a member of the police force; or
(ii)an authorised officer; or
(iii)a person authorised by section 96 of the Conservation, Forests and Lands Act 1987 to take proceedings for an offence against this Act; or
(b)on the court's own motion.
(3)The exclusion period specified in the exclusion order must not exceed 12 months.
(4)An exclusion order—
(a)may exclude the offender from one or more of the following, at all times during the period of the order or at the times specified in the order—
(i)a timber harvesting safety zone specified in the order;
(ii)an area of State forest specified in the order; and
(b)unless otherwise prohibited by this or any other Act, may (subject to any conditions the court thinks fit) allow the offender to enter a timber harvesting safety zone or an area of State forest specified in the order for a specified purpose—
(i)during the period of the order; or
(ii)at the times specified in the order; and
(c)may be made subject to any other conditions the court thinks fit.
(5)In determining whether it is satisfied under subsection (1)(b), the court must consider—
(a)the nature and gravity of the specified offence; and
(b)whether the offender has previously been found guilty of a specified offence; and
(c)whether the offender is or has been the subject of an exclusion order in relation to—
(i)another specified offence; or
(ii)a specified offence committed in another timber harvesting safety zone; and
(d)the likely impact of the exclusion order on—
(i)the offender; and
(ii)any alleged victim of the specified offence; and
(iii)public safety and public order; and
(e)any other matters that the court considers relevant.
94EVariation of exclusion order
(1)Any of the following may apply to the court that made an exclusion order for variation of the order—
(a)the person in respect of whom the order was made;
(b)a member of the police force;
(c)an authorised officer;
(d)a person authorised by section 96 of the Conservation, Forests and Lands Act 1987 to take proceedings for an offence against this Act.
(2)On application under subsection (1), the court may vary the exclusion order in any way that the court considers appropriate, if the court is satisfied that facts or circumstances have arisen since the making or the last variation of the order that make it appropriate for the order to be varied.
94FOffence to contravene exclusion order
(1)A person in respect of whom an exclusion order is made must not in contravention of the order—
(a)enter or re-enter the timber harvesting safety zone or area of State forest; or
(b)remain in the timber harvesting safety zone or area of State forest.
Penalty:60 penalty units
(2)Nothing in this section affects the powers of the court, or of the Supreme Court, in relation to contempt of court.
94GDirection to leave area to which exclusion order applies
(1)This section applies if a person in respect of whom an exclusion order is made is in a timber harvesting safety zone or other area of State forest in contravention of the order.
(2)Subject to subsection (3), an authorised officer or member of the police force may direct the person to leave the timber harvesting safety zone or other area of State forest in the manner (if any) specified in the direction.
(3)An authorised officer or member of the police force must—
(a)before giving a direction under subsection (2), produce—
(i)in the case of an authorised officer, proof of his or her identity and official status; or
(ii)in the case of a member of the police force, proof of his or her identity and official status (unless he or she is in uniform); and
(b)make reasonable attempts to ensure that the person understands the direction.
(4)A direction under subsection (2) may be given orally or in writing.
94HOffence to refuse or fail to comply with direction to leave area to which exclusion order applies
(1)A person to whom a direction under section 94G is given must not refuse or fail to comply with that direction.
Penalty:60 penalty units.
(2)Despite subsection (1), it is not an offence for a person to refuse or fail to comply with a direction given under section 94G if the authorised officer or member of the police force did not comply with section 94G(3).
(3)Section 72 of the Criminal Procedure Act 2009 applies in the circumstances referred to in subsection (2).
(4)Nothing in this section affects the powers of the court, or of the Supreme Court, in relation to contempt of court.
__________________".
15Native title rights and interests not affected
(1)In the heading to section 97 of the Sustainable Forests (Timber) Act 2004 omit "by the Sustainable Forests (Timber) Amendment Act 2013".
(2)In section 97(1) of the Sustainable Forests (Timber) Act 2004, after "2013" insert "or the Sustainable Forests (Timber) and Wildlife Amendment Act 2014".
16New Schedule 2 inserted
After Schedule 1 to the Sustainable Forests (Timber) Act 2004 insert—
"SCHEDULE 2
Authorised persons for the purposes of Part 7A
1The Secretary, when performing a function, or exercising a power, of the Secretary.
2An authorised officer, when performing a function, or exercising a power, of an authorised officer.
3A utility performing functions in a State forest and any employee, agent or contractor of that utility when acting in accordance with the terms of his or her employment, agency or contract.
4A transport authority performing functions in a State forest and any employee, agent or contractor of that transport authority when acting in accordance with the terms of his or her employment, agency or contract.
5A person undertaking timber harvesting operations that are authorised operations within the meaning of section 45(2) and any employee, agent or contractor of that person when acting in accordance with the terms of his or her employment, agency or contract.
6A person undertaking timber harvesting operations of a kind referred to in paragraph (b) of the definition of timber harvesting operations and any employee, agent or contractor of that person when acting in accordance with the terms of his or her employment, agency or contract.
7A person who is the holder of a licence or permit under section 52 of the Forests Act 1958 granted for the purposes set out in subsection (1A)(c), (d), (e), (f) or (g) of that section and any employee, agent or contractor of that person when acting in accordance with the terms of his or her employment, agency or contract and with the terms of the licence or permit.
8A person who is the holder of a licence under section 141 or 147, or of a right under section 149, of the Land Act 1958, when undertaking an activity authorised by that licence or right, or an employee, agent or contractor of that person when acting in accordance with the terms of his or her employment, agency or contract and with the terms of the licence or right.
9A person who is an employee, agent or contractor of the Department when acting in accordance with the terms of his or her employment, agency or contract.
10A person who is an employee, agent or contractor of the Country Fire Authority, WorkSafe Victoria, VicRoads, the Environment Protection Authority or the State Emergency Service, when acting in accordance with the terms of his or her employment, agency or contract.
11A person who is a member of the police force, when performing a function or exercising a power, of a member of the police force.
12A person who is an environmental auditor within the meaning of the Environment Protection Act 1970, when performing the function of an environmental auditor.
13A person appointed by the Secretary to observe the conduct of an environmental audit within the meaning of the Environment Protection Act 1970, when performing that function and in the company of a person referred to in item 12.
14A person who is the holder of a lease, licence, permit or other authority under the Mineral Resources (Sustainable Development) Act 1990 (other than a miner's right or a tourist fossicking authority) and any employee, agent or contractor of that person when acting in accordance with the terms of his or her employment, agency or contract and with the terms of the lease, licence, permit or other authority.
15A person who is the holder of a lease, licence, permit or other authority under the Geothermal Energy Resources Act 2005, Greenhouse Gas Geological Sequestration Act 2008 or Petroleum Act 1998 and any employee, agent or contractor of that person when acting in accordance with the terms of his or her employment, agency or contract and with the terms of the lease, licence, permit or other authority.
16A person who is a member of a traditional owner group when that person is acting under and in accordance with an authorisation order given under section 84 of the Traditional Owner Settlement Act 2010.".
__________________
Part 3—Amendment of Wildlife Act 1975
17Definitions
(1)In section 3(1) of the Wildlife Act 1975, for the definition of close season substitute—
"close season in relation to a kind or taxon of wildlife, means any part or parts of the year during which the taking of that kind or taxon of wildlife is prohibited—
(a)by a notice under section 86; or
(b)by the regulations;".
(2)In section 3(1) of the Wildlife Act 1975, for the definition of open season substitute—
"open season in relation to a kind or taxon of wildlife, means any part or parts of the year during which the taking of that kind or taxon of wildlife is permitted—
(a)by an order under section 28G; or
(b)by a notice under section 86; or
(c)by the regulations;".
(3)In section 3(1) of the Wildlife Act 1975 insert the following definitions—
"banning notice means a notice given under section 58G;
exclusion order means an order made under section 58M;".
18Authorisation Orders as to taking etc. wildlife
For section 28G(2)(b) of the Wildlife Act 1975 substitute—
"(b)for the purposes of—
(i)the management, conservation, protection or control of wildlife; or
(ii)education about wildlife, research into wildlife or scientific or other study of wildlife; or
(iii)recreational hunting of game; or".
19Hunting, taking or destroying game
(1)In section 44(1) of the Wildlife Act 1975, for "the close season" substitute "a close season".
(2)In section 44(3) of the Wildlife Act 1975, for "the open season" substitute "an open season".
20Offence for certain persons to enter on or remain in specified hunting area
For section 58C(1) of the Wildlife Act 1975 substitute—
"(1)A person must not enter on or remain in any specified hunting area at any of the following times—
(a)from the beginning of the first day of an open season for ducks until 10 a.m. of that day;
(b)from 2 hours before sunset of each day of an open season for ducks (other than the last day) until 10 a.m. of the following day;
(c)from 2 hours before sunset of the last day of an open season for duck until 30 minutes after sunset of that day;
(d)at any other time in any open season for ducks that is specified in regulations made under subsection (2).
Penalty:60 penalty units.
(1A)Subsection (1) does not apply to a person who—
(a)is the holder of—
(i)a game licence that allows the hunting, taking or destroying of game birds; and
(ii)a longarm licence under the Firearms Act 1996; or
(b)is a member of a traditional owner group when that person is hunting, taking or destroying game birds (including ducks) under and in accordance with an authorisation order given under section 83 of the Traditional Owner Settlement Act 2010; or
(c)is an authorised officer or a member of the police force acting in the course of his or her duty; or
(d)is acting in accordance with the authorisation of the Secretary.".
21Offence to approach a person who is hunting
(1)In section 58D of the Wildlife Act 1975, for "the open season" substitute "an open season".
(2)For the penalty at the foot of section 58D of the Wildlife Act 1975 substitute—
"Penalty:60 penalty units.".
22Hindering or obstructing hunting
For the penalty at the foot of section 58E of the Wildlife Act 1975 substitute—
"Penalty:60 penalty units.".
23New Part VIIA inserted
After Part VII of the Wildlife Act 1975 insert—
"Part VIIA—Banning Notices and Exclusion Orders
Division 1—Interpretation
58FMeaning of specified offence
In this Part, specified offence means—
(a)an offence against section 58C or 58D; or
(b)an offence against section 58E that occurs in a specified hunting area.
Division 2—Banning notices
58GIssue of banning notice
(1)Subject to this section, an authorised officer or a member of the police force 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 hunting areas—
(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 the remaining period of the open season for duck as at the date on which the notice is given.
(3)An authorised officer or a member of the police force must not give a banning notice to a person unless the officer or member—
(a)believes on reasonable grounds that the giving of the 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 specified hunting area); or
(b)believes on reasonable grounds 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 a person who is engaged in hunting or taking game in accordance with this Act.
(4)An authorised officer or a member of the police force, before giving a banning notice, must produce—
(a)in the case of an authorised officer, evidence of his or her identity; or
(b)in the case of a member of the police force, proof of his or her identity and official status (unless he or she is in uniform).
(5)No more than one banning notice may be given to a person in respect of the same specified offence in the same specified hunting area.
(6)A banning notice may be given to a person who is already subject to a banning notice if the subsequent notice is given in respect of another specified offence.
58HContent of banning notice
(1)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 member of the police force giving the notice suspects that the person has committed and the grounds for the suspicion; and
(c)the name of the authorised officer or member of the police force 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 member of the police force, the member's rank and place of duty; and
(d)the specified hunting area 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 specified hunting area in which the notice applies during the specified period; and
(g)that if the person is in the specified hunting area to which the notice applies, the person must leave the area without delay; and
(h)that it is an offence to refuse or fail to comply with the notice; and
(i)that it is an offence to refuse or fail to comply with a direction given by an authorised officer or member of the police force to leave the specified hunting area to which the notice applies; and
(j)the maximum penalties for those offences; and
(k)that the notice may be varied or revoked.
58IVariation and revocation of banning notice
(1)The Secretary or a member of the police force of or above the rank of sergeant may vary or revoke a banning notice at any time, by notice in writing given to the person to whom the notice applies.
(2)A banning notice cannot be varied under this section to extend the period for which the notice applies.
58JOffence to contravene banning notice
A person to whom a banning notice is given must not in contravention of the notice—
(a)enter or re-enter the specified hunting area; or
(b)remain in the specified hunting area.
Penalty:For a first offence, 20 penalty units;
For a second or subsequent offence, 60 penalty units.
58KDirection 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 hunting area in contravention of the notice.
(2)Subject to subsection (3), an authorised officer or a member of the police force may direct the person to leave the specified hunting area in the manner (if any) specified in the direction.
(3)An authorised officer or a member of the police force must—
(a)before giving a direction under subsection (2), produce—
(i)in the case of an authorised officer, evidence of his or her identity; or
(ii)in the case of a member of the police force, proof of his or her identity and official status (unless he or she is in uniform); and
(b)inform the person that—
(i)the authorised officer or member of the police force is empowered to direct the person to leave the specified hunting area; and
(ii)it is an offence to refuse or fail to comply with the direction.
(4)A direction under subsection (2)—
(a)may be given orally or in writing; and
(b)must be reasonable in all the circumstances.
58LOffence to refuse or fail to comply with direction to leave area to which banning notice applies
(1)A person to whom a direction under section 58K is given must not refuse or fail to comply with that direction.
Penalty:For a first offence, 20 penalty units;
For a second or subsequent offence, 60 penalty units.
(2)Despite subsection (1), it is not an offence for a person to refuse or fail to comply with a direction under section 58K if the authorised officer or member of the police force did not comply with section 58K(3).
(3)Section 72 of the Criminal Procedure Act 2009 applies in the circumstances referred to in subsection (2).
Division 3—Exclusion orders
58MExclusion orders
(1)A court may make an order excluding a person (the offender) from a specified hunting area specified in the order, for the period specified in the order, if the court—
(a)finds the offender guilty of a specified offence; and
(b)is satisfied that the order may be an effective and reasonable means of preventing the offender from committing a further specified offence.
(2)An exclusion order may be made—
(a)on the application of—
(i)a member of the police force; or
(ii)an authorised officer; or
(iii)a person authorised by section 96 of the Conservation, Forests and Lands Act 1987 to take proceedings for an offence against this Act; or
(b)on the court's own motion.
(3)The exclusion period specified in the exclusion order must not exceed 12 months.
(4)An exclusion order—
(a)may exclude the offender from a specified hunting area—
(i)during any open season for ducks (as at the date on which the exclusion order is made); and
(ii)for the whole of the first day or the last day of any open season for ducks; and
(b)at all times during the period of the order or at the times specified in the order; and
(c)unless otherwise prohibited by this or any other Act, may (subject to any conditions the court thinks fit) allow the offender to enter the specified hunting area for a specified purpose—
(i)during the period of the order; or
(ii)at the times specified in the order; and
(d)may be made subject to any other conditions the court thinks fit.
(5)In determining whether it is satisfied under subsection (1)(b), the court must consider—
(a)the nature and gravity of the specified offence; and
(b)whether the offender has previously been found guilty of a specified offence; and
(c)whether the offender is or has been the subject of a banning notice or an exclusion order in relation to—
(i)another specified offence; or
(ii)a specified offence committed in another specified hunting area; and
(d)the likely impact of the exclusion order on—
(i)the offender; and
(ii)any alleged victim of the specified offence; and
(iii)public safety and public order; and
(e)any other matters that the court considers relevant.
58NVariation of exclusion order
(1)Any of the following may apply to the court that made an exclusion order for variation of the order—
(a)the person in respect of whom the order was made;
(b)a member of the police force;
(c)an authorised officer;
(d)a person authorised by section 96 of the Conservation, Forests and Lands Act 1987 to take proceedings for an offence against this Act.
(2)On an application under subsection (1), the court may vary the exclusion order in any way that the court considers appropriate, if the court is satisfied that facts or circumstances have arisen since the making or the last variation of the order that make it appropriate for the order to be varied.
58OOffence to contravene exclusion order
(1)A person in respect of whom an exclusion order is made must not in contravention of the order—
(a)enter or re-enter the specified hunting area; or
(b)remain in the specified hunting area.
Penalty:For a first offence, 60 penalty units;
For a second or subsequent offence, 120 penalty units.
(2)Nothing in this section affects the powers of the court, or of the Supreme Court, in relation to contempt of court.
58PDirection to leave area to which exclusion order applies
(1)This section applies if a person in respect of whom an exclusion order is made is in the specified hunting area in contravention of the order.
(2)Subject to subsection (3), an authorised officer or a member of the police force may direct the person to leave the specified hunting area in the manner (if any) specified in the direction.
(3)An authorised officer or a member of the police force must—
(a)before giving a direction under subsection (2), produce—
(i)in the case of an authorised officer, evidence of his or her identity; or
(ii)in the case of a member of the police force, proof of his or her identity and official status (unless he or she is in uniform); and
(b)inform the person that—
(i)the authorised officer or member of the police force is empowered to direct the person to leave the specified hunting area; and
(ii)it is an offence to refuse or fail to comply with the direction.
(4)A direction under subsection (2)—
(a)may be given orally or in writing; and
(b)must be reasonable in all the circumstances.
58QOffence to refuse or fail to comply with direction to leave area to which exclusion order applies
(1)A person to whom a direction under section 58P is given must not refuse or fail to comply with that direction.
Penalty:For a first offence, 60 penalty units;
For a second or subsequent offence, 120 penalty units.
(2)Despite subsection (1), it is not an offence for a person to refuse or fail to comply with a direction given under section 58P if the authorised officer or member of the police force did not comply with section 58P(3).
(3)Section 72 of the Criminal Procedure Act 2009 applies in the circumstances referred to in subsection (2).
(4)Nothing in this section affects the powers of the court, or of the Supreme Court, in relation to contempt of court.
Division 4—General
58RDisclosure of information for enforcement purposes
The Secretary may disclose to a member of the police force, or a member of the police force may disclose to the Secretary, the following information—
(a)the fact that a banning notice or an exclusion order has been given or made that bans or excludes the person to whom it is given or in respect of whom it was made from a specified hunting area;
(b)the name of the person to whom the notice was given or in respect of whom the order was made;
(c)the period for which the notice or order applies;
(d)a copy of the notice or order and of any variation or revocation of the notice or order;
(e)any other information in relation to the notice or order that the Secretary or the member thinks fit for the purposes of the effective and efficient enforcement of the notice or order.
__________________".
24Offenders to give name and address on demand
After section 61(2) of the Wildlife Act 1975 insert—
"(2A)An authorised officer or a member of the police force who intends to give a banning notice to a person may request the person to state the person's name and place of residence.
(2B)An authorised officer or a member of the police force who makes a request under subsection (2A) must inform the person of the officer or member's intention to give the person a banning notice.".
25Section 86 amended
(1)Insert the following heading to section 86 of the Wildlife Act 1975—
"Notices prohibiting, regulating or controlling the taking, destroying or hunting of wildlife".
(2)After section 86(4) of the Wildlife Act 1975 insert—
"(4A)Regulations made under this Act may impose conditions on the carrying out of any activity under a notice under subsection (1).".
26Regulations
In section 87(1)(d) of the Wildlife Act 1975, for "the open season" substitute "an open season".
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Part 4—Amendment of Safety on Public Land Act 2004
27Declaration of public safety zone
Section 4(2)(g) of the Safety on Public Land Act 2004 is repealed.
28Public safety zone declaration for timber harvesting operations not to exceed 12 months
Section 6 of the Safety on Public Land Act 2004 is repealed.
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Part 5—Repeal of Amending Act
29Repeal of amending Act
This Act is repealed on 1 January 2016.
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
Minister's second reading speech—
Legislative Assembly: 31 October 2013
Legislative Council: 12 December 2013
The long title for the Bill for this Act was "A Bill for an Act to amend the Sustainable Forests (Timber) Act 2004, the Wildlife Act 1975 and the Safety on Public Land Act 2004 and for other purposes."
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