Untitled document
Forests Amendment Act 2012
No. 46 of 2012
table of provisions
Section Page
Part 1—Preliminary
1Purposes
2Commencement
Part 2—Amendments to the Forests Act 1958
3Definitions
4Section 52A repealed
5New firewood collection provisions inserted
Cutting or taking away fallen or felled trees for domestic use
as firewood57ODefinitions
57PNo application to timber resources
57QOffence to cut or take away fallen or felled trees
outside firewood collection area and season57RPerson may nominate another to cut and take away
fallen or felled trees for firewood57SFirewood collection season
57TSecretary may vary firewood collection season
57USecretary may determine firewood collection areas
57VIdentification of firewood collection areas
57WOffence to cut or take away fallen or felled trees in firewood collection area unless a class member or nominated by class member
57XOffences as to amount of fallen or felled trees cut or taken away in a day
57YHousehold limit of fallen or felled trees cut or taken away in a financial year
57ZHousehold limit of fallen or felled trees cut and taken away in a financial year—offences relating to nominations
57ZASecretary may determine amount of fallen or felled
trees cut and taken away in certain regions57ZBOffence to exceed regional limit
57ZCOffence as to sale of fallen or felled trees
57ZDOffences relating to conduct in a firewood collection area
57ZEProduction of nomination if requested by authorised officer
57ZFNo offence if authorised by licence or authorisation etc. or regulations
6Protected trees in protected forests
7Production of licence etc. on demand
8Prohibition of cutting etc. timber etc. on certain roads without authority of Secretary
9Power to direct route for removal etc. of forest produce
10Presumption as to ownership of forest produce
11Search warrant for secreted forest produce
12New section 96D inserted
96DOffences not to apply for cutting or taking away
fallen or felled trees for domestic use as firewood
13New section 100B inserted
100BRegulations for cutting or taking away fallen or
felled trees in firewood collection areas during
firewood collection seasons
Part 3—Amendments to the Crown Land
(Reserves) Act 1978
14Definitions
15Consent required for procuring of forest produce or carrying
out fire prevention works on reserved land16New Part 3B inserted
Part 3B—Cutting or taking away Fallen
or Felled Trees for Domestic Use as Firewood21KDefinitions
21LOffence to cut or take away fallen or felled trees
outside firewood collection area and season21MPerson may nominate another to cut and take away
fallen or felled trees for firewood21NFirewood collection season
21OSecretary may vary firewood collection season
21PSecretary may determine firewood collection areas
21QIdentification of firewood collection areas
21ROffence to cut or take away fallen or felled trees in firewood collection area unless a class member or nominated by class member
21SOffences as to amount of fallen or felled trees cut or taken away in a day
21THousehold limit of fallen or felled trees cut or taken away in a financial year
21UHousehold limit of fallen or felled trees cut and
taken away in a financial year—offences relating to nominations21VLimit on amount of fallen or felled trees cut and
taken away in firewood collection areas in certain regions21WOffence to sell fallen or felled trees
21XOffences relating to conduct in a firewood collection area
21YProduction of nomination if requested by authorised officer
21ZNo offence if authorised by licence or authorisation etc. or regulations
17Cutting and taking away fallen or felled trees—Shepparton Regional Park
18New section 30A inserted
30AOwnership of timber
19New section 32 inserted
32Regulations for cutting or taking away fallen or
felled trees in firewood collection areas during
firewood collection seasons
20Cutting and taking away fallen or felled trees—Murray
River Park
Part 4—Amendments to Other Acts and Repeal
of Amending Act
Division 1—Amendment to the Land Act 1958
21Persons found in possession of timber on Crown land
Division 2—Amendment to the National Parks Act 1975
22New section 44A inserted
44AOffence to cut or take away fallen or felled trees
Division 3—Amendment to the Wildlife Act 1975
23New section 21AA inserted
21AAOffence to cut or take away fallen or felled trees
Division 4—Repeal of amending Act
24Repeal of amending Act
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Endnotes
Forests Amendment Act 2012
No. 46 of 2012
[Assented to 21 August 2012]
The Parliament of Victoria enacts:
Part 1—Preliminary
1Purposes
The main purposes of this Act are—
(a)to amend the Forests Act 1958 to provide for cutting and taking away fallen or felled trees in areas of State forest for domestic use as firewood without a licence or permit; and
(b)to amend the Crown Land (Reserves) Act 1978 to provide for cutting and taking away fallen or felled trees in certain regional parks for domestic use as firewood without a permit; and
(c)to make consequential amendments to the Land Act 1958, the National Parks Act 1975 and the Wildlife Act 1975.
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 September 2012, it comes into operation on that day.
__________________
Part 2—Amendments to the Forests Act 1958
3Definitions
In section 3(1) of the Forests Act 1958—
(a)insert the following definitions—
"fallen or felled trees includes parts of fallen or felled trees;
firewood collection area means an area of State forest determined by the Secretary in accordance with section 57U to be a firewood collection area;
firewood collection season, in relation to a firewood collection area, means—
(a)a period referred to in section 57S if the period has not been varied under section 57T; or
(b)if the period referred to in section 57S has been varied under section 57T, the period as so varied;";
(b)in paragraph (b)(iv) of the definition of forest produce omit "collected for domestic use".
4Section 52A repealed
Section 52A of the Forests Act 1958 is repealed.
5New firewood collection provisions inserted
After section 57N of the Forests Act 1958 insert—
"Cutting or taking away fallen or felled trees for domestic use as firewood
57ODefinitions
In sections 57P to 57ZF—
nominating person means a person who—
(a)in accordance with section 57R nominates another person to cut and take away fallen or felled trees; or
(b)in accordance with section 21M of the Crown Land (Reserves) Act 1978 nominates another person to cut and take away fallen or felled trees;
nominee means a person nominated—
(a)in accordance with section 57R to cut and take away fallen or felled trees on behalf of the nominating person; or
(b)in accordance with section 21M of the Crown Land (Reserves) Act 1978 to cut and take away fallen or felled trees on behalf of the nominating person.
57PNo application to timber resources
Nothing in sections 57Q to 57ZF applies to fallen or felled trees that are timber resources within the meaning of the Sustainable Forests (Timber) Act 2004.
57QOffence to cut or take away fallen or felled trees outside firewood collection area and season
(1)A person must not cut or take away 2 cubic metres or less of fallen or felled trees in State forest.
Penalty:20 penalty units.
(2)A person must not cut or take away more than 2 cubic metres of fallen or felled trees in State forest.
Penalty:50 penalty units or imprisonment for 1 year or both.
(3)Subsections (1) and (2) do not apply to a person who—
(a)cuts or takes away fallen or felled trees in State forest in accordance with a lease, licence, permit or authorisation held by the person under this Act or any other Act; or
(b)cuts or takes away fallen or felled trees in State forest in accordance with the regulations or regulations under any other Act.
(4)Subsections (1) and (2) do not apply to a person who cuts or takes away fallen or felled trees if—
(a)the person cuts or takes away the fallen or felled trees—
(i)in a firewood collection area; and
(ii)during a firewood collection season applying to that area; and
(b)the person cuts or takes away the fallen or felled trees for domestic use as firewood in the person's household or in a nominating person's household.
(5)Subsections (1) and (2) do not apply to a person who is a member of a traditional owner group entity when that person is acting under and in accordance with an authorisation order given under section 84 of the Traditional Owner Settlement Act 2010.
57RPerson may nominate another to cut and take away fallen or felled trees for firewood
(1)A person who is unable to cut and take away fallen or felled trees may nominate another person to cut and take away fallen or felled trees on his or her behalf.
(2)A nomination under subsection (1) must—
(a)be made in the prescribed form; and
(b)specify the maximum amount (not exceeding 16 cubic metres) of fallen or felled trees that may be cut and taken away by the nominee in a financial year.
(3)A person must not specify a maximum amount of fallen or felled trees in a nomination if that amount would exceed 16 cubic metres for a financial year when added to all maximum amounts specified in—
(a)any other nominations made by the person, whether under this section or section 21M of the Crown Land (Reserves) Act 1978; and
(b)any nominations made by members of the person's household, whether under this section or section 21M of the Crown Land (Reserves) Act 1978.
Penalty:50 penalty units or imprisonment for 1 year or both.
(4)A person must not nominate another person to cut and take away fallen or felled trees other than for domestic use as firewood in the nominating person's household.
Penalty:50 penalty units or imprisonment for 1 year or both.
(5)A person nominated to cut and take away fallen or felled trees must not request or accept payment or reward for the cutting and taking away of fallen or felled trees.
Penalty:50 penalty units or imprisonment for 1 year or both.
57SFirewood collection season
Subject to section 57T, the following firewood collection seasons apply in each financial year to a firewood collection area—
(a)the period commencing on 1 September and ending on 30 November; and
(b)the period commencing on 1 March and ending on 30 June.
57TSecretary may vary firewood collection season
(1)The Secretary may make a determination varying the commencement date or end date of a firewood collection season in a particular financial year as it applies to—
(a)all firewood collection areas; or
(b)all firewood collection areas located in a specified region of the State.
(2)The Secretary must not make a determination under subsection (1) unless the Secretary considers the variation is necessary because of a condition, or likely condition, of fire danger that poses risk, or is likely to pose risk, to public safety.
(3)A determination varying a firewood collection season must be published in the Government Gazette.
(4)A determination varying a firewood collection season comes into operation on—
(a)the date on which it is published in the Government Gazette; or
(b)any later date specified in the determination.
57USecretary may determine firewood collection areas
(1)The Secretary may determine an area of State forest to be a firewood collection area.
(2)A determination under subsection (1) must identify the area of State forest to which it applies by reference to a plan lodged in the Central Plan Office.
(3)For the purposes of subsection (2), the determination may apply, adopt or incorporate any matter contained in any document formulated, issued, prescribed or published by any person, whether—
(a)wholly or partly; or
(b)as formulated, issued, prescribed or published at the time the determination was made or at any time before that time.
(4)If the Secretary is satisfied that it is necessary for management of the supply of fallen or felled trees for domestic use as firewood in a region of the State, a determination of a firewood collection area located in that region may specify a class or classes of persons who may, or whose nominees may, cut and take away fallen or felled trees in that firewood collection area.
(5)The Secretary may—
(a)amend a determination made under subsection (1);
(b)revoke a determination made under subsection (1), including by providing for a date of revocation in the determination.
(6)A determination of a firewood collection area, or an amendment or revocation of a determination, must be published in the Government Gazette.
(7)A determination of a firewood collection area, or an amendment or revocation of a determination, comes into operation on—
(a)the date on which it is published in the Government Gazette; or
(b)any later date specified in the determination.
57VIdentification of firewood collection areas
(1)As soon as practicable after a determination made under section 57U(1) comes into operation, the Secretary must cause signs or notices informing the public of the determination to be displayed at the firewood collection area in such a place and manner that the signs or notices are reasonably likely to be seen by any person entering the area.
(2)As soon as practicable after an amendment of a determination made under section 57U(1) comes into operation, the Secretary must cause the signs or notices displayed at the firewood collection area to be amended.
(3)As soon as practicable after a determination made under section 57U(1) is revoked, the Secretary must cause the removal of signs or notices displayed at the firewood collection area.
(4)If the determination specifies a class or classes of person who may cut and take away, or whose nominees may cut and take away, fallen or felled trees in a firewood collection area, the signs or notices must include that information.
(5)If the firewood collection area is located in a region to which a determination under section 57ZA(1) applies, the signs or notices must state the maximum amount of fallen or felled trees that may be cut and taken away in a financial year in firewood collection areas in that region for domestic use as firewood in a household.
57WOffence to cut or take away fallen or felled trees in firewood collection area unless a class member or nominated by class member
(1)If a determination of a firewood collection area under section 57U specifies a class or classes of persons who may cut and take away fallen or felled trees in that area, a person must not, in that 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 the determination; or
(b)the person is a nominee and the nominating person is a member of a class specified in the determination.
Penalty:20 penalty units.
(2)If a determination of a firewood collection area under section 57U specifies a class or classes of persons who may cut and take away fallen or felled trees in that area, a person must not, in that area during a firewood collection season, cut or take away more than 2 cubic metres of fallen or felled trees unless—
(a)the person is a member of a class specified in the determination; or
(b)the person is a nominee and the nominating person is a member of a class specified in the determination.
Penalty:50 penalty units or imprisonment for 1 year or both.
57XOffences as to amount of fallen or felled trees cut or taken away in a day
(1)A person must not, 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.
Penalty:20 penalty units.
(2)A person must not, in any one or more firewood collection areas during a firewood collection season applying to the area or areas, cut or take away 4 cubic metres or more of fallen or felled trees in a day.
Penalty:50 penalty units or imprisonment for 1 year or both.
(3)Subsections (1) and (2) apply whether or not the person cuts or takes away fallen or felled trees as a nominee.
(4)In this section and sections 57Y to 57ZB—
firewood collection area includes a firewood collection area determined under section 21P of the Crown Land (Reserves) Act 1978;
firewood collection season includes a firewood collection season within the meaning of the Crown Land (Reserves) Act 1978.
57YHousehold limit of fallen or felled trees cut or taken away in a financial year
In a financial year, a person must not, in any one or more firewood collection areas during firewood collection seasons applying to the area or areas, cut or take away fallen or felled trees for domestic use as firewood in that person's household if the amount of fallen or felled trees previously cut or taken away (or nominated to be cut and taken away by nominees) in that financial year in any one or more firewood collection areas during firewood collection seasons applying to the area or areas for domestic use as firewood in that person's household is 16 cubic metres or more.
Penalty:50 penalty units or imprisonment for 1 year or both.
57ZHousehold limit of fallen or felled trees cut and taken away in a financial year—offences relating to nominations
(1)In a financial year, a person must not nominate another person under section 57R to cut or take away fallen or felled trees for domestic use as firewood in that person's household if the amount of fallen or felled trees previously cut or taken away (or nominated to be cut and taken away by nominees) in that financial year in any one or more firewood collection areas during firewood collection seasons applying to the area or areas for domestic use as firewood in that person's household is 16 cubic metres or more.
Penalty:50 penalty units or imprisonment for 1 year or both.
(2)In a financial year, a nominating person must not specify in a nomination under section 57R an amount of fallen or felled trees that, when added to the amount of fallen or felled trees previously cut or taken away (or nominated to be cut and taken away by nominees) in that financial year in any one or more firewood collection areas during firewood collection seasons applying to the area or areas for domestic use as firewood in that person's household would exceed 16 cubic metres.
Penalty:50 penalty units or imprisonment for 1 year or both.
(3)In a financial year, a nominee must not in any one or more firewood collection areas during firewood collection seasons applying to the area or areas, cut or take away fallen or felled trees for domestic use as firewood in the nominating person's household if, in that financial year, the nominee has previously cut or taken away the amount of fallen or felled trees specified as the maximum amount in the nomination under section 57R.
Penalty:50 penalty units or imprisonment for 1 year or both.
57ZASecretary may determine amount of fallen or felled trees cut and taken away in certain regions
(1)The Secretary may determine the amount of fallen or felled trees that, in any financial year, may be cut and taken away in any one or more firewood collection areas in a region for domestic use as firewood in a household.
(2)Before making a determination setting the amount, the Secretary must be satisfied that the determination is necessary for management of the supply of fallen or felled trees for domestic use as firewood in the region.
(3)A determination under subsection (1) must specify—
(a)the region in which it applies; and
(b)the amount (being less than 16 cubic metres) of fallen or felled trees that may be cut and taken away in firewood collection areas in that region for domestic use as firewood in a financial year.
(4)The Secretary must not make a determination under subsection (1) relating to a financial year after the commencement of a firewood collection season in that financial year.
(5)A determination under subsection (1) must be published in the Government Gazette.
57ZBOffence to exceed regional limit
(1)In a financial year, a person must not in any one or more firewood collection areas to which a determination under section 57ZA(1) applies during firewood collection seasons applying to the area or areas, cut or take away fallen or felled trees for domestic use as firewood in that person's household if, in that financial year, the amount of fallen or felled trees previously cut or taken away in the area or areas during firewood collection seasons applying to the area or areas for domestic use as firewood in that person's household has reached at least the limit set in the determination under section 57ZA(1).
Penalty:50 penalty units or imprisonment for 1 year or both.
(2)In a financial year, a nominee must not in any one or more firewood collection areas to which a determination under section 57ZA(1) applies during firewood collection seasons applying to the area or areas, cut or take away fallen or felled trees for domestic use as firewood in the nominating person's household if, in that financial year, the amount of fallen or felled trees previously cut or taken away by the nominee in the area or areas during firewood collection seasons applying to the area or areas for domestic use as firewood in the nominating person's household has reached at least the limit of fallen or felled trees set in the determination under section 57ZA(1).
Penalty:50 penalty units or imprisonment for 1 year or both.
57ZCOffence as to sale of fallen or felled trees
(1)A person must not sell fallen or felled trees that the person has cut or taken away in a firewood collection area during a firewood collection season.
Penalty:50 penalty units or imprisonment for 1 year or both.
(2)A nominating person must not sell fallen or felled trees that that person's nominee has cut or taken away in a firewood collection area during a firewood collection season.
Penalty:50 penalty units or imprisonment for 1 year or both.
57ZDOffences relating to conduct in a firewood collection area
(1)A person must not, in a firewood collection area during a firewood collection season, cut or take away fallen or felled trees that are visibly hollow.
Penalty:20 penalty units.
(2)A person must not, in a firewood collection area during a firewood collection season, cut or take away fallen or felled trees growing moss or fungi.
Penalty:20 penalty units.
(3)A person must not, 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.
Penalty:50 penalty units.
(4)A person must not, 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 15 centimetres or more at a height of 1·3 metres above the ground.
Penalty:50 penalty units or imprisonment for 1 year or both.
57ZEProduction of nomination if requested by authorised officer
A nominee must not, without reasonable excuse, fail to produce the nomination form if requested by an authorised officer.
Penalty:5 penalty units.
57ZFNo offence if authorised by licence or authorisation etc. or regulations
(1)Sections 57W, 57X, 57Y, 57ZB, 57ZC and 57ZD do not apply to a person who—
(a)cuts or takes away fallen or felled trees in State forest in accordance with a lease, licence, permit or authorisation held by the person under this Act or any other Act; or
(b)cuts or takes away fallen or felled trees in State forest in accordance with the regulations or regulations under any other Act.
(2)Sections 57W, 57X, 57Y, 57ZB, 57ZC and 57ZD do not apply to a person who is a member of a traditional owner group entity when that person is acting under and in accordance with an authorisation order given under section 84 of the Traditional Owner Settlement Act 2010.".
6Protected trees in protected forests
After section 59(1A) of the Forests Act 1958 insert—
"(1B)Subsection (1) does not apply to a person who is a member of a traditional owner group entity when that person is acting under and in accordance with an authorisation order given under section 84 of the Traditional Owner Settlement Act 2010.
(1C)Subsection (1) does not apply to a person who cuts or takes away fallen or felled trees in accordance with section 57Q(4).".
7Production of licence etc. on demand
In section 75 of the Forests Act 1958, for "½ penalty unit" substitute "5 penalty units".
8Prohibition of cutting etc. timber etc. on certain roads without authority of Secretary
(1)In section 77(1) of the Forests Act 1958, for "subsection (1A)" substitute "subsections (1A) and (1B)".
(2)After section 77(1A) of the Forests Act 1958 insert—
"(1B)Subsection (1) does not apply to fallen or felled trees in or on a road that is in a firewood collection area, if the fallen or felled trees are cut or taken away in accordance with section 57Q(4).".
9Power to direct route for removal etc. of forest produce
(1)Section 79(5) of the Forests Act 1958 is repealed.
(2)For section 79(6) of the Forests Act 1958 substitute—
"(6)A person must not remove or take any forest produce or timber resources through or from any forest contrary to any direction given under subsection (1).
Penalty:20 penalty units.
(6A)A person must not, without the authority in writing of an authorised officer, remove or take any forest produce or timber resources from any forest—
(a)after 30 minutes after sunset on any day; or
(b)before 30 minutes before sunrise on any day.
Penalty:20 penalty units.".
10Presumption as to ownership of forest produce
(1)In section 82(1) of the Forests Act 1958, after "any forest produce" insert "other than timber,".
(2)After section 82(1) of the Forests Act 1958 insert—
"(1A)In any proceedings under this Act with respect to forest produce that is timber, the forest produce is, in the absence of evidence to the contrary, taken to be the property of the Crown.".
11Search warrant for secreted forest produce
At the end of section 83 of the Forests Act 1958 insert—
"(2)On the evidence on oath or by affidavit of any authorised officer or member of the police force stating his or her belief that timber that has been cut, removed or otherwise dealt with contrary to the provisions of this Act are secreted in any place other than a forest the Magistrates' Court may issue a warrant to search for such timber.".
12New section 96D inserted
After section 96C of the Forests Act 1958 insert—
96DOffences not to apply for cutting or taking away fallen or felled trees for domestic use" as firewood
(1)Section 96(h), (j), (k) and (o) do not apply to a person if the person cuts or takes away fallen or felled trees in accordance with section 57Q(4).
(2)Section 96(o) does not apply to a person in possession of forest produce that is fallen or felled trees if the fallen or felled trees were cut or taken away by a nominee of the person in accordance with section 57Q(4).".
13New section 100B inserted
After section 100A of the Forests Act 1958 insert—
100BRegulations" for cutting or taking away fallen or felled trees in firewood collection areas during firewood collection seasons
(1)The Governor in Council may make regulations for or with respect to cutting or taking away fallen or felled trees in firewood collection areas during firewood collection seasons, including regulations for or with respect to—
(a)days on which fallen or felled trees may be cut or taken away; and
(b)the manner in which fallen or felled trees may be cut or taken away; and
(c)use of vehicles and equipment in firewood collection areas; and
(d)protection of the environment in firewood collection areas; and
(e)public safety in firewood collection areas.
(2)The regulations—
(a)may be of general or limited application; and
(b)may differ according to differences in time, place or circumstance; and
(c)may impose penalties not exceeding 20 penalty units for contravention of the regulations.".
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Part 3—Amendments to the Crown Land (Reserves) Act 1978
14Definitions
In section 3 of the Crown Land (Reserves) Act 1978 insert the following definitions—
"fallen or felled trees includes parts of fallen or felled trees;
firewood collection area means land determined by the Secretary in accordance with section 21P to be a firewood collection area;
firewood collection season, in relation to a firewood collection area, means—
(a)a period referred to in section 21N if the period has not been varied; or
(b)if the period referred to in section 21N has been varied under section 21O, the period as so varied;
tree or trees has the same meaning as in section 3(1) of the Forests Act 1958;".
15Consent required for procuring of forest produce or carrying out fire prevention works on reserved land
After section 20(1) of the Crown Land (Reserves) Act 1978 insert—
"(1A)Subsection (1) does not apply to a determination of a firewood collection area by the Secretary under section 21P.".
16New Part 3B inserted
After Part 3A of the Crown Land (Reserves) Act 1978 insert—
Part 3B—Cutting or taking away Fallen or Felled Trees for Domestic Use" as Firewood
21KDefinitions
In this Part—
nominating person means a person who—
(a)in accordance with section 21M nominates another person to cut and take away fallen or felled trees; or
(b)in accordance with section 57R of the Forests Act 1958 nominates another person to cut and take away fallen or felled trees;
nominee means a person nominated—
(a)in accordance with section 21M to cut and take away fallen or felled trees on behalf of the nominating person; or
(b)in accordance with section 57R of the Forests Act 1958 to cut and take away fallen or felled trees on behalf of the nominating person.
21LOffence to cut or take away fallen or felled trees outside firewood collection area and season
(1)A person must not cut or take away 2 cubic metres or less of fallen or felled trees from land reserved under this Act.
Penalty:20 penalty units.
(2)A person must not cut or take away more than 2 cubic metres of fallen or felled trees from land reserved under this Act.
Penalty:50 penalty units or imprisonment for 1 year or both.
(3)Subsections (1) and (2) do not apply to a person who—
(a)cuts or takes away fallen or felled trees from land reserved under this Act in accordance with a lease, licence, permit or authorisation held by the person under this Act or any other Act; or
(b)cuts or takes away fallen or felled trees from land reserved under this Act in accordance with the regulations or regulations under any other Act.
(4)Subsections (1) and (2) do not apply to a person who cuts or takes away fallen or felled trees if—
(a)the person cuts or takes away the fallen or felled trees—
(i)in a firewood collection area; and
(ii)during a firewood collection season applying to that area; and
(b)the person cuts or takes away the fallen or felled trees for domestic use as firewood in the person's household or a nominating person's household.
21MPerson may nominate another to cut and take away fallen or felled trees for firewood
(1)A person who is unable to cut and take away fallen or felled trees may nominate another person to cut and take away fallen or felled trees on his or her behalf.
(2)A nomination under subsection (1) must—
(a)be made in the prescribed form; and
(b)specify the maximum amount (not exceeding 16 cubic metres) of fallen or felled trees that may be cut and taken away by the nominee in a financial year.
(3)A person must not specify a maximum amount of fallen or felled trees in a nomination if that amount would exceed 16 cubic metres for a financial year when added to all maximum amounts specified in—
(a)any other nominations made by the person, whether under this section or section 57R of the Forests Act 1958; and
(b)any nominations made by members of the person's household, whether under this section or section 57R of the Forests Act 1958.
Penalty:50 penalty units or imprisonment for 1 year or both.
(4)A person must not nominate another person to cut and take away fallen or felled trees other than for domestic use for firewood in the nominating person's household.
Penalty:50 penalty units or imprisonment for 1 year or both.
(5)A person nominated to cut and take away fallen or felled trees must not request or accept payment or reward for the cutting and taking away of fallen or felled trees.
Penalty:50 penalty units or imprisonment for 1 year or both.
21NFirewood collection season
Subject to section 21O, the following firewood collection seasons apply in each financial year to a firewood collection area—
(a)the period commencing on 1 September and ending on 30 November; and
(b)the period commencing on 1 March and ending on 30 June.
21OSecretary may vary firewood collection season
(1)The Secretary may make a determination varying the commencement date or end date of a firewood collection season in a particular financial year as it applies to—
(a)all firewood collection areas; or
(b)all firewood collection areas located in a specified regional park.
(2)The Secretary must not make a determination under subsection (1) unless the Secretary considers the variation is necessary because of a condition, or likely condition, of fire danger that poses risk, or is likely to pose risk, to public safety.
(3)A determination varying a firewood collection season must be published in the Government Gazette.
(4)A determination varying a firewood collection season comes into operation on—
(a)the date on which it is published in the Government Gazette; or
(b)any later date specified in the determination.
21PSecretary may determine firewood collection areas
(1)Subject to subsection (2), the Secretary may determine an area of land to be a firewood collection area if it is—
(a)part of the land described in Division 2A of Part 4A of the Fifth Schedule; or
(b)part of the land described in Division 5 of Part 4A of the Fifth Schedule.
(2)Before determining an area of land to be a firewood collection area, the Secretary must consult the person or body having control and management of the land unless that person or body is the Secretary.
(3)A determination under subsection (1) must identify the part of the land to which it applies by reference to a plan lodged in the Central Plan Office.
(4)For the purposes of subsection (3), the determination may apply, adopt or incorporate any matter contained in any document formulated, issued, prescribed or published by any person, whether—
(a)wholly or partly; or
(b)as formulated, issued, prescribed or published at the time the determination was made or at any time before that time.
(5)If the Secretary is satisfied that it is necessary for management of the supply of fallen or felled trees for domestic use as firewood in a region of the State, a determination of a firewood collection area located in that region may specify a class or classes of persons who may, or whose nominees may, cut and take away fallen or felled trees in that firewood collection area.
(6)The Secretary may—
(a)amend a determination made under subsection (1);
(b)revoke a determination made under subsection (1), including by providing for a date of revocation in the determination.
(7)A determination of a firewood collection area, or an amendment or revocation of a determination of a firewood collection area, must be published in the Government Gazette.
(8)A determination of a firewood collection area, or an amendment or revocation of a determination, comes into operation on—
(a)the date on which it is published in the Government Gazette; or
(b)any later date specified in the determination.
21QIdentification of firewood collection areas
(1)As soon as practicable after a determination made under section 21P(1) comes into operation, the Secretary must cause signs or notices informing the public of the determination to be displayed at the firewood collection area in such a place and manner that the signs or notices are reasonably likely to be seen by any person entering the area.
(2)As soon as practicable after an amendment of a determination made under section 21P(1) comes into operation, the Secretary must cause the signs or notices displayed at the firewood collection area to be amended.
(3)As soon as practicable after a determination made under section 21P(1) is revoked, the Secretary must cause the removal of signs or notices displayed at the firewood collection area.
(4)If the determination specifies a class or classes of person who may, or whose nominees may, cut and take away fallen or felled trees in a firewood collection area, the signs or notices must include that information.
(5)If the firewood collection area is located in a region to which a determination under section 57ZA(1) of the Forests Act 1958 applies, the signs or notices must state the maximum amount of fallen or felled trees that may be cut and taken away in firewood collection areas in that region in a financial year for domestic use as firewood in a household.
21ROffence to cut or take away fallen or felled trees in firewood collection area unless a class member or nominated by class member
(1)If a determination of a firewood collection area under section 21P specifies a class or classes of persons who may cut and take away fallen or felled trees in that area, a person must not, in that 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 the determination; or
(b)the person is a nominee and the nominating person is a member of a class specified in the determination.
Penalty:20 penalty units.
(2)If a determination of a firewood collection area under section 21P specifies a class or classes of persons who may cut and take away fallen or felled trees in that area, a person must not, in that area during a firewood collection season, cut or take away more than 2 cubic metres of fallen or felled trees unless—
(a)the person is a member of a class specified in the determination; or
(b)the person is a nominee and the nominating person is a member of a class specified in the determination.
Penalty:50 penalty units or imprisonment for 1 year or both.
21SOffences as to amount of fallen or felled trees cut or taken away in a day
(1)A person must not, 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.
Penalty:20 penalty units.
(2)A person must not, in any one or more firewood collection areas during a firewood collection season applying to the area or areas, cut or take away 4 cubic metres or more of fallen or felled trees in a day.
Penalty:50 penalty units or imprisonment for 1 year or both.
(3)Subsections (1) and (2) apply whether or not the person cuts or takes away fallen or felled trees as a nominee.
(4)In this section and sections 21T to 21V—
firewood collection area includes a firewood collection area determined under section 57U of the Forests Act 1958;
firewood collection season includes a firewood collection season within the meaning of the Forests Act 1958.
21THousehold limit of fallen or felled trees cut or taken away in a financial year
In a financial year, a person must not, in any one or more firewood collection areas during firewood collection seasons applying to the area or areas, cut or take away fallen or felled trees for domestic use as firewood in that person's household if the amount of fallen or felled trees previously cut or taken away (or nominated to be cut and taken away by nominees) in that financial year in any one or more firewood collection areas during firewood collection seasons applying to the area or areas for domestic use as firewood in that person's household is 16 cubic metres or more.
Penalty:50 penalty units or imprisonment for 1 year or both.
21UHousehold limit of fallen or felled trees cut and taken away in a financial year—offences relating to nominations
(1)In a financial year, a person must not nominate another person under section 21M to cut or take away fallen or felled trees for domestic use as firewood in that person's household if the amount of fallen or felled trees previously cut or taken away (or nominated to be cut and taken away by nominees) in that financial year in any one or more firewood collection areas during firewood collection seasons applying to the area or areas for domestic use as firewood in that person's household is 16 cubic metres or more.
Penalty:50 penalty units or imprisonment for 1 year or both.
(2)In a financial year, a nominating person must not specify in a nomination under section 21M an amount of fallen or felled trees that, when added to the amount of fallen or felled trees previously cut or taken away (or nominated to be cut and taken away by nominees) in that financial year in any one or more firewood collection areas during firewood collection seasons applying to the area or areas for domestic use as firewood in that person's household would exceed 16 cubic metres.
Penalty:50 penalty units or imprisonment for 1 year or both.
(3)In a financial year, a nominee must not in any one or more firewood collection areas during firewood collection seasons applying to the area or areas, cut or take away fallen or felled trees for domestic use as firewood in the nominating person's household if, in that financial year, the nominee has previously cut or taken away the amount of fallen or felled trees specified as the maximum amount in the nomination under section 21M.
Penalty:50 penalty units or imprisonment for 1 year or both.
21VLimit on amount of fallen or felled trees cut and taken away in firewood collection areas in certain regions
(1)In a financial year, a person must not in any one or more firewood collection areas in a region to which a determination under section 57ZA(1) of the Forests Act 1958 applies during firewood collection seasons applying to the area or areas, cut or take away fallen or felled trees for domestic use as firewood in that person's household if, in that financial year, the amount of fallen or felled trees previously cut or taken away in the area or areas during firewood collection seasons applying to the area or areas for domestic use as firewood in that person's household has reached at least the limit determined under section 57ZA(1) of the Forests Act 1958.
Penalty:50 penalty units or imprisonment for 1 year or both.
(2)In a financial year, a nominee must not in any one or more firewood collection areas in a region to which a determination under section 57ZA(1) of the Forests Act 1958 applies during firewood collection seasons applying to the area or areas, cut or take away fallen or felled trees for domestic use as firewood in the nominating person's household if, in that financial year, the amount of fallen or felled trees previously cut or taken away by the nominee in the area or areas during firewood collection seasons applying to the area or areas for domestic use as firewood in the nominating person's household has reached at least the limit determined under section 57ZA(1) of the Forests Act 1958.
Penalty:50 penalty units or imprisonment for 1 year or both.
21WOffence to sell fallen or felled trees
(1)A person must not sell fallen or felled trees that the person has cut and taken away in a firewood collection area during a firewood collection season.
Penalty:50 penalty units or imprisonment for 1 year or both.
(2)A nominating person must not sell fallen or felled trees that that person's nominee has cut and taken away in a firewood collection area during a firewood collection season.
Penalty:50 penalty units or imprisonment for 1 year or both.
21XOffences relating to conduct in a firewood collection area
(1)A person must not, in a firewood collection area during a firewood collection season, cut or take away fallen or felled trees that are visibly hollow.
Penalty:20 penalty units.
(2)A person must not, in a firewood collection area during a firewood collection season, cut or take away fallen or felled trees growing moss or fungi.
Penalty:20 penalty units.
(3)A person must not, in a firewood collection area during a firewood collection season, cut or take away fallen or felled trees other than during the period—
(a)commencing 30 minutes before sunrise on a day; and
(b)ending 30 minutes after sunset on the same day.
Penalty:20 penalty units.
(4)A person must not, 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.
Penalty:50 penalty units.
(5)A person must not, 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 15 centimetres or more at a height of 1·3 metres above the ground.
Penalty:50 penalty units or imprisonment for 1 year or both.
21YProduction of nomination if requested by authorised officer
A nominee must not, without reasonable excuse, fail to produce the nomination form if requested by an authorised officer.
Penalty:5 penalty units.
21ZNo offence if authorised by licence or authorisation etc. or regulations
Sections 21R, 21S, 21T, 21V, 21W and 21X do not apply to a person who—
(a)cuts or takes away fallen or felled trees from land reserved under this Act in accordance with a lease, licence, permit or authorisation held by the person under this Act or any other Act; or
(b)cuts or takes away fallen or felled trees from land reserved under this Act in accordance with the regulations or regulations under any other Act.
__________________".
17Cutting and taking away fallen or felled trees—Shepparton Regional Park
(1)For the heading to section 29IB of the Crown Land (Reserves) Act 1978 substitute—
"Cutting and taking away fallen or felled trees—Shepparton Regional Park".
(2)Section 29IB(1) of the Crown Land (Reserves) Act 1978 is repealed.
(3)In section 29IB(2) of the Crown Land (Reserves) Act 1978, for "forest produce" substitute "fallen or felled trees".
18New section 30A inserted
After section 30 of the Crown Land (Reserves) Act 1978 insert—
30AOwnership of timber"
(1)In any proceedings for an offence under this Act with respect to cutting or taking away of timber from the land described in Division 2A or Division 5 of Part 4A of the Fifth Schedule, if the person charged with the offence was found in possession of the timber that is the subject of the offence on that land, in the absence of evidence to the contrary, the timber is taken to be the property of the Crown.
(2)In this section—
timber has the same meaning as in section 3(1) of the Forests Act 1958.".
19New section 32 inserted
After section 31 of the Crown Land (Reserves) Act 1978 insert—
32"Regulations for cutting or taking away fallen or felled trees in firewood collection areas during firewood collection seasons
(1)The Governor in Council may make regulations for or with respect to cutting or taking away fallen or felled trees in firewood collection areas during firewood collection seasons, including regulations for or with respect to—
(a)days on which fallen or felled trees may be cut or taken away; and
(b)the manner in which fallen or felled trees may be cut or taken away; and
(c)use of vehicles and equipment in firewood collection areas; and
(d)protection of the environment in firewood collection areas; and
(e)public safety in firewood collection areas; and
(f)any matter authorised or permitted to be prescribed or necessary to be prescribed for the purposes of Part 3B.
(2)The regulations—
(a)may be of general or limited application; and
(b)may differ according to differences in time, place or circumstance; and
(c)may impose penalties not exceeding 20 penalty units for contravention of the regulations.".
20Cutting and taking away fallen or felled trees—Murray River Park
(1)For the heading to section 63B of the Crown Land (Reserves) Act 1978 substitute—
"Cutting and taking away fallen or felled trees—Murray River Park".
(2)Section 63B(1) of the Crown Land (Reserves) Act 1978 is repealed.
(3)In section 63B(2) of the Crown Land (Reserves) Act 1978, for "forest produce" substitute "fallen or felled trees".
__________________
Part 4—Amendments to Other Acts and Repeal of Amending Act
Division 1—Amendment to the Land Act 1958
21Persons found in possession of timber on Crown land
At the end of section 200 of the Land Act 1958 insert—
"(2)Subsection (1) does not apply to the following—
(a)a person found in possession of timber in a State forest (within the meaning of the Forests Act 1958);
(b)a person found in possession of timber on land described in Division 2A or Division 5 of Part 4A of the Fifth Schedule to the Crown Land (Reserves) Act 1978.
(3)In subsection (2)—
timber has the same meaning as in section 3(1) of the Forests Act 1958.".
Division 2—Amendment to the National Parks Act 1975
22New section 44A inserted
After section 44 of the National Parks Act 1975 insert—
44AOffence to cut or take away "fallen or felled trees
(1)A person must not, in a park, cut or take away 2 cubic metres or less of fallen or felled trees.
Penalty:20 penalty units.
(2)A person must not, in a park, cut or take away more than 2 cubic metres of fallen or felled trees.
Penalty:50 penalty units or imprisonment for 1 year or both.
(3)Subsections (1) and (2) do not apply to a person who—
(a)cuts or takes away fallen or felled trees in a park in accordance with a lease, licence, permit or authorisation held by the person under this Act or any other Act; or
(b)cuts or takes away fallen or felled trees in a park in accordance with the regulations or regulations under any other Act.
(4)In this section—
fallen or felled trees includes parts of fallen or felled trees;
tree or trees has the same meaning as in section 3(1) of the Forests Act 1958.".
Division 3—Amendment to the Wildlife Act 1975
23New section 21AA inserted
After section 21 of the Wildlife Act 1975 insert—
21AAOffence to cut or take away "fallen or felled trees
(1)A person must not cut or take away 2 cubic metres or less of fallen or felled trees in a State Wildlife Reserve or a Nature Reserve.
Penalty:20 penalty units.
(2)A person must not cut or take away more than 2 cubic metres of fallen or felled trees in a State Wildlife Reserve or a Nature Reserve.
Penalty:50 penalty units or imprisonment for 1 year or both.
(3)Subsections (1) and (2) do not apply to a person who—
(a)cuts or takes away fallen or felled trees in a State Wildlife Reserve or a Nature Reserve in accordance with a lease, licence, permit or authorisation held by the person under this Act or any other Act; or
(b)cuts or takes away fallen or felled trees in a State Wildlife Reserve or a Nature Reserve in accordance with the regulations or regulations under any other Act.
(4)In this section—
fallen or felled trees includes parts of fallen or felled trees;
tree or trees has the same meaning as in section 3(1) of the Forests Act 1958.".
Division 4—Repeal of amending Act
24Repeal of amending Act
This Act is repealed on 1 September 2013.
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: 18 April 2012
Legislative Council: 21 June 2012
The long title for the Bill for this Act was "A Bill for an Act to amend the Forests Act 1958 and the Crown Land (Reserves) Act 1978, to make consequential amendments to the Land Act 1958, the National Parks Act 1975 and the Wildlife Act 1975, and for other purposes."
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