Untitled document
Sustainable Forests (Timber) Amendment Act 2013
No. 42 of 2013
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY
1Purposes
2Commencement
PART 2—AMENDMENT OF SUSTAINABLE FORESTS (TIMBER) ACT 2004
Division 1—Allocation orders and management of timber
resources
3Purposes of the Sustainable Forests (Timber) Act 2004
4Definitions
5New section 12A inserted
12ATimber resources are property of the Crown
6Sections 14 and 15 substituted
14Property vests in VicForests on publication of order
15Contents of an allocation order
7Power to amend or vary allocation order
8New section 17A inserted
17AEffect of amendment or variation relating to the allocation of timber resources
9Review of allocation of timber resources
10Minister to have regard to certain matters
11What happens after a review?
12Minister to consult on reduction of allocation
13New section 21A inserted
21ARights of third parties
14Timber resources are property of the Crown
15Section 37 substituted
37VicForests to prepare plan
16Contents of plan
17Section 39 substituted
39Plan to be submitted to Secretary
18Section 40 repealed
19Section 41 substituted
41VicForests to publish notice of plan
20Property vests in VicForests on publication of notice
21Section 43 substituted
43Review of and changes to timber release plan
22Section 44 substituted
44VicForests to operate in accordance with timber release plan
23Offence to undertake unauthorised timber harvesting
operations24New section 97 inserted
97Native title rights and interests not affected by the Sustainable Forests (Timber) Amendment
Act 2013
25Part 13 substituted
PART 13—TRANSITIONAL PROVISIONS
140Existing allocation order and timber release plan
Division 2—Repeal of certain provisions relating to management of timber harvesting and conduct of timber harvesting operations
26Repeal of definition
27Compliance with Codes of Practice
28Minister may arrange audits
29Licensing of timber harvesting operators
30Direction to produce licence
31Direction in relation to conduct of timber harvesting
operations32Suspension of timber harvesting operation
33Expiry of suspension notice once matter remedied
34Regulations
PART 3—AMENDMENT OF TRADITIONAL OWNER SETTLEMENT ACT 2010
35Definition of limited land use activity
36Definition of land use activity
37Definition of decision maker
38Requirements for publication of notice
39Section 48 substituted
48Obligations of decision maker to ascertain
compliance
PART 4—REPEAL OF AMENDING ACT
40Repeal of amending Act
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ENDNOTES
Sustainable Forests (Timber) Amendment Act 2013
No. 42 of 2013
[Assented to 28 June 2013]
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 in relation to—
(i)allocation orders;
(ii)the management of timber resources;
(iii)the management of timber harvesting;
(iv)the conduct of timber harvesting operations; and
(b)to amend the Traditional Owner Settlement Act 2010 in relation to certain land use activities.
2Commencement
(1)Subject to subsection (2), this Act (other than Division 2 of Part 2) comes into operation on a day or days to be proclaimed.
(2)If a provision referred to in subsection (1) does not come into operation before 1 January 2014, it comes into operation on that day.
(3)Subject to subsection (4), Division 2 of Part 2 comes into operation on a day or days to be proclaimed.
(4)If a provision referred to in subsection (3) does not come into operation before 1 January 2015, it comes into operation on that day.
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PART 2—AMENDMENT OF SUSTAINABLE FORESTS (TIMBER) ACT 2004
Division 1—Allocation orders and management of timber resources
3Purposes of the Sustainable Forests (Timber) Act 2004
After section 1(a) of the Sustainable Forests (Timber) Act 2004 insert—
"(ab)to provide for the granting of long-term access to timber resources in State forests;
(ac)to foster investment in, and returns from, timber resources in State forests;".
4Definitions
(1)In section 3 of the Sustainable Forests (Timber) Act 2004, for the definition of timber release plan substitute—
"timber release plan means a plan prepared under section 37, notice of which has been published under section 41;".
(2)In section 3 of the Sustainable Forests (Timber) Act 2004—
(a)the definition of approved timber release plan is repealed;
(b)in the definition of vested timber resources, for "42" substitute "14(1)".
5New section 12A inserted
Before section 13 of the Sustainable Forests (Timber) Act 2004 insert—
12ATimber resources are property of the Crown"
(1)All timber resources in State forest are the property of the Crown.
(2)Property in timber resources only passes from the Crown—
(a)to VicForests in accordance with section 14(1); or
(b)otherwise in accordance with this Act.".
6Sections 14 and 15 substituted
For sections 14 and 15 of the Sustainable Forests (Timber) Act 2004 substitute—
14Property vests in VicForests on publication of order"
(1)On the publication of an order under section 13, property in the timber allocated by the order is vested in VicForests.
(2)VicForests may only harvest and sell, or harvest or sell, vested timber resources in accordance with the order.
(3)Subject to this Act and to the allocation order, VicForests is entitled to retain the revenue received from harvesting and selling, or harvesting or selling, vested timber resources.
15Contents of an allocation order
(1)An allocation order must include—
(a)in relation to the timber resources allocated—
(i)a description of the forest stands to which the order applies;
(ii)references to, or details of, the extent and location of the forest stands to which the order applies;
(iii)a description of the total area available for harvest in each forest stand;
(b)a list of the activities (if any) additional to those referred to in section 13(b) that VicForests is permitted to undertake in the areas to which the order applies.
(2)An allocation order may include any condition, limitation, matter or specification that the Minister thinks fit.
(3)Without limiting subsection (2), an allocation order may include a condition, limitation, matter or specification as to the area that may be harvested during a period specified in the order.
(4)Without limiting subsection (2), an allocation order may include the following in relation to the preparation of a plan under section 37, or the changing of a timber release plan under section 43—
(a)a specification as to the persons or bodies with whom or with which VicForests must consult in relation to timber harvesting operations proposed in any coupes specified in a plan;
(b)a condition as to the manner in which that consultation must occur.
(5)A specification or condition referred to in subsection (4) that relates to the changing of a timber release plan under section 43, may differ according to the kind of change proposed to be made to the plan.".
7Power to amend or vary allocation order
For section 17(1)(b) of the Sustainable Forests (Timber) Act 2004 substitute—
"(b)to change permitted activities referred to in section 15(1)(b);
(ba)to change conditions, limitations, matters or specifications referred to in section 15(2), (3) or (4);".
8New section 17A inserted
After section 17 of the Sustainable Forests (Timber) Act 2004 insert—
17AEffect of amendment or variation "relating to the allocation of timber resources
(1)This section applies if an allocation order is amended or varied in accordance with section 17(1)(c).
(2)If the effect of the amendment or variation is to increase the timber resources allocated by the order, the timber resources specified in the order following its amendment or variation that were not specified in the order immediately before its amendment or variation, vest in VicForests on the day the amendment or variation takes effect.
(3)If the effect of the amendment or variation is to reduce the timber resources allocated by the order, the vested timber resources specified as having been reduced are divested from VicForests and vest in the Crown—
(a)in the case of an amendment or variation that was made as a result of a review referred to in section 18(2)(a) or (b), on the date the order takes effect; or
(b)in the case of an amendment or variation that was made as a result of a review referred to in section 18(2)(c)—
(i)on the date or dates specified in an agreement referred to in section 20(3)(a); or
(ii)on the date calculated in accordance with section 20(3)(b).
Note
Section 21A provides that an allocation order cannot be amended or varied in relation to any vested timber resources in respect of which property has passed to a third party.".
9Review of allocation of timber resources
Section 18(1) of the Sustainable Forests (Timber) Act 2004 is repealed.
10Minister to have regard to certain matters
In section 19 of the Sustainable Forests (Timber) Act 2004—
(a)in paragraph (d) omit ", during the previous 5 years";
(b)in paragraph (f) omit "during the previous 5 years".
11What happens after a review?
(1)Section 20(2)(a) of the Sustainable Forests (Timber) Act 2004 is repealed.
(2)In section 20(3) of the Sustainable Forests (Timber) Act 2004, for "18(1) or (2)(c)" substitute "18(2)(c)".
12Minister to consult on reduction of allocation
In section 21 of the Sustainable Forests (Timber) Act 2004 omit "and the Minister for Agriculture".
13New section 21A inserted
After section 21 of the Sustainable Forests (Timber) Act 2004 insert—
21ARights of third parties"
(1)An allocation order cannot be amended or varied in relation to any vested timber resources in respect of which property has passed to a third party.
(2)Nothing in this Act is to be taken to affect the rights of a third party in relation to vested timber resources of a kind referred to in subsection (1).".
14Timber resources are property of the Crown
Section 36 of the Sustainable Forests (Timber) Act 2004 is repealed.
15Section 37 substituted
For section 37 of the Sustainable Forests (Timber) Act 2004 substitute—
37VicForests to prepare plan"
(1)VicForests must prepare a plan in respect of an area to which an allocation order applies for the purposes of—
(a)harvesting and selling, or harvesting or selling, timber resources; and
(b)undertaking associated management activities in relation to those timber resources.
(2)In preparing a plan under this section, VicForests must comply with any condition relating to consultation that is specified in the allocation order to which the plan relates.
(3)VicForests must ensure that a plan prepared under this section is consistent with—
(a)the allocation order to which the plan relates, including any condition, limitation, matter or specification in the order; and
(b)any relevant Code of Practice relating to timber harvesting.".
16Contents of plan
(1)In section 38(1) of the Sustainable Forests (Timber) Act 2004, for "timber release plan" substitute "plan prepared under section 37".
(2)For section 38(2) of the Sustainable Forests (Timber) Act 2004 substitute—
"(2)A plan prepared under section 37 may include any other matters necessary or convenient to be included in the plan.".
17Section 39 substituted
For section 39 of the Sustainable Forests (Timber) Act 2004 substitute—
39Plan to be submitted to Secretary"
VicForests must submit a plan prepared under section 37 to the Secretary not less than 30 days before the day on which notice of the plan is published under section 41.".
18Section 40 repealed
Section 40 of the Sustainable Forests (Timber) Act 2004 is repealed.
19Section 41 substituted
For section 41 of the Sustainable Forests (Timber) Act 2004 substitute—
41VicForests to publish notice of plan"
(1)VicForests must cause notice of a plan prepared under section 37 to be published in the Government Gazette.
(2)A notice published under subsection (1) must include details of where the plan may be viewed.
(3)On the publication of a notice under subsection (1), the plan takes effect in accordance with its terms.
Note
The publication of a notice under this section may be a land use activity under the Traditional Owner Settlement Act 2010 if it relates to public land to which a land use activity agreement under that Act applies.".
20Property vests in VicForests on publication of notice
Section 42 of the Sustainable Forests (Timber) Act 2004 is repealed.
21Section 43 substituted
For section 43 of the Sustainable Forests (Timber) Act 2004 substitute—
43Review of and changes to timber release plan"
(1)VicForests may review a timber release plan at any time.
(2)VicForests may change a timber release plan at any time if the change is not inconsistent with—
(a)the allocation order to which the plan relates, including any condition, limitation, matter or specification in the order; and
(b)any relevant Code of Practice relating to timber harvesting.
(3)In changing a timber release plan, VicForests must comply with any condition relating to consultation that is specified in the allocation order to which the plan relates.
(4)A timber release plan cannot be changed in relation to any vested timber resources in respect of which property has passed to a third party.
(5)Nothing in this section is to be taken to affect the rights of a third party in relation to vested timber resources of a kind referred to in subsection (4).
(6)If a timber release plan is changed under this section, VicForests must cause a notice of the change to the plan to be published in the Government Gazette.
(7)On publication of a notice under subsection (6), the changed timber release plan takes effect in accordance with its terms.
Note
The publication of a notice under this section may be a land use activity under the Traditional Owner Settlement Act 2010 if it relates to public land to which a land use activity agreement under that Act applies.".
22Section 44 substituted
For section 44 of the Sustainable Forests (Timber) Act 2004 substitute—
44VicForests to operate in accordance with timber release plan"
VicForests must carry out its functions and powers under this Act in relation to vested timber resources, or in relation to an area to which an allocation order applies, in accordance with any timber release plan.".
23Offence to undertake unauthorised timber harvesting operations
For section 45(2)(a)(i) of the Sustainable Forests (Timber) Act 2004 substitute—
"(i)timber harvesting operations undertaken by, or on behalf of, VicForests in accordance with an allocation order and a timber release plan that relates to that allocation order; or".
24New section 97 inserted
After section 96 of the Sustainable Forests (Timber) Act 2004 insert—
97Native title rights and interests not affected by the Sustainable Forests (Timber) Amendment Act 2013"
(1)The amendments made to this Act by the Sustainable Forests (Timber) Amendment Act 2013 are not intended to affect native title rights and interests.
(2)Subsection (1) does not apply in any case where native title rights and interests are affected, or are authorised to be affected, by or under the Native Title Act 1993 of the Commonwealth.
(3)In this section—
affect has the same meaning as in the Native Title Act 1993 of the Commonwealth;
native title rights and interests has the same meaning as in the Native Title Act 1993 of the Commonwealth.".
25Part 13 substituted
For Part 13 of the Sustainable Forests (Timber) Act 2004 substitute—
"PART 13—TRANSITIONAL PROVISIONS
140Existing allocation order and timber release plan
Despite anything to the contrary in any other provision of this Act, on and from the commencement of section 6 of the Sustainable Forests (Timber) Amendment Act 2013, the following cease to have any force or effect—
(a)any allocation order in force immediately before the commencement of that section; and
(b)any approved timber release plan that relates to an allocation order referred to in paragraph (a).
__________________".
Division 2—Repeal of certain provisions relating to management of timber harvesting and conduct of timber harvesting operations
26Repeal of definition
In section 3 of the Sustainable Forests (Timber) Act 2004, the definition of timber harvesting operator's licence is repealed.
27Compliance with Codes of Practice
Section 46(c) of the Sustainable Forests (Timber) Act 2004 is repealed.
28Minister may arrange audits
Section 47(c) of the Sustainable Forests (Timber) Act 2004 is repealed.
29Licensing of timber harvesting operators
Division 2 of Part 6 of the Sustainable Forests (Timber) Act 2004 is repealed.
30Direction to produce licence
Section 69 of the Sustainable Forests (Timber) Act 2004 is repealed.
31Direction in relation to conduct of timber harvesting operations
In section 70(1) of the Sustainable Forests (Timber) Act 2004, for "the holder of a timber harvesting operator's licence" substitute "undertaking timber harvesting operations in a State forest".
32Suspension of timber harvesting operation
For section 71(2) of the Sustainable Forests (Timber) Act 2004 substitute—
"(2)A notice under subsection (1) may be issued to the person who has, or may reasonably be presumed to have, control over the timber harvesting operation in the State forest.".
33Expiry of suspension notice once matter remedied
For section 74(1) of the Sustainable Forests (Timber) Act 2004 substitute—
"(1)Subject to this Part, if the damage, risk, matter or activity to which a suspension notice relates is remedied to the satisfaction of an authorised officer, the authorised officer may issue a notification in writing that he or she is so satisfied to the person who has, or may reasonably be presumed to have, control over the timber harvesting operation in the State forest in respect of which the suspension notice was issued.".
34Regulations
In section 96(1) of the Sustainable Forests (Timber) Act 2004—
(a)paragraphs (a), (b), (c) and (d) are repealed; and
(b)in paragraph (f) omit "other".
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PART 3—AMENDMENT OF TRADITIONAL OWNER SETTLEMENT ACT 2010
35Definition of limited land use activity
In section 27(1) of the Traditional Owner Settlement Act 2010, for paragraph (a) of the definition of limited land use activity substitute—
"(a)a land use activity that is the publication of a notice under section 41 of the Sustainable Forests (Timber) Act 2004; or".
36Definition of land use activity
For section 28(i) and (j) of the Traditional Owner Settlement Act 2010 substitute—
"(i)the publication of a notice under section 41 of the Sustainable Forests (Timber) Act 2004;
(j)the publication of a notice under section 43 of the Sustainable Forests (Timber) Act 2004;".
37Definition of decision maker
For section 29(f) of the Traditional Owner Settlement Act 2010 substitute—
"(f)in relation to—
(i)the publication of a notice under section 41 of the Sustainable Forests (Timber) Act 2004, VicForests;
(ii)the publication of a notice under section 43 of the Sustainable Forests (Timber) Act 2004, VicForests;".
38Requirements for publication of notice
(1)For the heading to section 47 of the Traditional Owner Settlement Act 2010 substitute—
"Requirements for publication of notice of proposed timber release plans".
(2)For section 47(1) of the Traditional Owner Settlement Act 2010 substitute—
"(1)If a provision of a land use activity agreement specifies that the publication of a notice under section 41 of the Sustainable Forests (Timber) Act 2004 is a negotiation activity in the land use activity agreement, VicForests must reach agreement with the traditional owner group entity as to—
(a)the publication of the notice; and
(b)the conditions to which the agreement to publish the notice is subject, including the provision of community benefits, if any.".
(3)For section 47(3) of the Traditional Owner Settlement Act 2010 substitute—
"(3)VicForests is not entitled to publish the notice until VicForests has complied with subsection (1) or VCAT or the Minister has determined under this Part that the notice should be published.".
39Section 48 substituted
For section 48 of the Traditional Owner Settlement Act 2010 substitute—
"48 Obligations of decision maker to ascertain compliance
If, in the case of the publication of a notice under section 41 of the Sustainable Forests (Timber) Act 2004, VicForests is required to comply with section 47, the decision maker must not publish the notice unless—
(a)the decision maker has received a notice signed by the traditional owner group entity stating that agreement that complies with section 51 has been reached; or
(b)in a case in respect of which VCAT has made a determination under Subdivision 2 of Division 4 that the notice be published, the decision maker has received a copy of the VCAT determination; or
(c)in a case in respect of which the Minister has made a determination under Subdivision 3 of Division 4 that the notice be published, the decision maker has received a copy of that determination.
Note
In this section, the decision maker is VicForests. See the definition of decision maker.".
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PART 4—REPEAL OF AMENDING ACT
40Repeal 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 Council: 18 April 2013
Legislative Assembly: 8 May 2013
The long title for the Bill for this Act was "A Bill for an Act to amend the Sustainable Forests (Timber) Act 2004 and the Traditional Owner Settlement Act 2010 and for other purposes."
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