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SUSTAINABLE FORESTS (TIMBER) ACT 2004 (NO 48 OF 2004)
TABLE OF PROVISIONS
PART 1--PRELIMINARY
1. Purposes
2. Commencement
3. Definitions
4. Act binds the Crown
PART 2--SUSTAINABLE FOREST MANAGEMENT
5. Principles of ecologically sustainable development
6. Minister to determine sustainability criteria and indicators and reporting requirements
7. Determination to be published
8. Secretary to report on indicators
9. VicForests to provide certain information to the Secretary
10. Minister may arrange audits
11. Sustainability Charter
12. VicForests to respond to Sustainability Charter
PART 3--ALLOCATION TO VICFORESTS
13. Minister may make allocation order
14. Period of allocation order
15. Contents of an allocation order
16. VicForests' functions under allocation order
17. Power to amend or vary allocation order
18. Review of allocation of timber resources
19. Minister to have regard to certain matters
20. What happens after a review?
21. Minister to consult on reduction of allocation
22. Secretary's powers and functions not affected by order
23. Charges
24. VicForests required to pay charges
PART 4--MANAGED LICENCES
Division 1--Transferred Licences (East)
25. VicForests to administer and receive fees from transferred licences (east)
26. VicForests powers
27. Expiry of licence and no compensation or proceedings
Division 2--Transferred Licences (West)
28. VicForests to administer and receive fees from transferred licences (west)
29. VicForests powers
30. Expiry of licence and no compensation or proceedings
Division 3--Transferred Agreements
31. VicForests to administer and receive fees from transferred agreements
32. Powers in respect of transferred agreements
Division 4--General
33. VicForests cannot grant licence or permit
34. Part does not operate to breach contracts etc.
35. Ministerial orders
PART 5--MANAGEMENT OF TIMBER RESOURCES BY VICFORESTS
36. Timber resources are property of the Crown
37. VicForests to prepare timber release plan
38. Contents of plan
39. Plan to be submitted to Secretary
40. Secretary may approve plan
41. Secretary to publish notice
42. Property vests in VicForests on publication of notice
43. Review of and changes to approved timber release plan
44. VicForests to operate in accordance with approved timber release plan
45. Offence to undertake unauthorised timber harvesting operations
PART 6--MANAGEMENT OF TIMBER HARVESTING
Division 1--Codes of Practice
46. Compliance with Codes of Practice
47. Minister may arrange audits
48. VicForests to respond to audit
49. Minister to make findings available
Division 2--Licensing of Timber Harvesting Operators
50. Offence to carry out certain activities without a licence
51. Offence to engage, contract with or employ unlicensed timber harvesting operators
52. Offence to direct contravention of licence or regulations
53. Application for licence
54. Issue of licence
55. Application for renewal
56. Secretary may renew licence
57. General conditions
58. Notice and submissions on change of licence conditions
59. Notification of refusal
60. Review by VCAT
61. Suspension of licence
62. Cancellation of licence
63. Application for review of suspension or cancellation
64. Secretary to appoint panel
65. Panel to review Secretary's decision
66. Secretary to notify holder of outcome of review
67. Decision to cancel or suspend not affected by review process
68. Register
PART 7--CONDUCT OF TIMBER HARVESTING OPERATIONS
69. Direction to produce licence
70. Direction in relation to conduct of timber harvesting operations
71. Suspension of timber harvesting operation
72. What must a suspension notice contain?
73. Notices may include directions
74. Suspension notice expires once matter remedied
75. Offence not to comply with suspension notice
76. Appeals against suspension notices
77. Occupational Health and Safety Act 1985 prevails
PART 8--FIRE PREVENTION AND SUPPRESSION
78. Agreements for prevention and suppression of fire
79. Secretary may direct VicForests staff
80. Secretary and authorised officers may direct timber harvesters
81. Person must comply with direction
82. Secretary to reimburse for assistance
83. Part does not derogate from certain Acts
PART 9--ENFORCEMENT
84. Requirement to give name and address
85. Authorised officers must identify themselves
86. Offence to hinder or obstruct an authorised officer
87. Offence to threaten or abuse an authorised officer
88. Power to seize items
89. Return of seized items
90. Recovery of seized item and compensation
91. Forfeiture to Crown
92. Court may order forfeiture to the Crown
93. Direction to remove obstructions
94. Authorised officer may remove obstructions in State forest
PART 10--MISCELLANEOUS
95. Limitation of Supreme Court's jurisdiction
96. Regulations
PART 11--AMENDMENTS TO THE FORESTS ACT 1958
97. Definitions
98. New section 4 inserted
99. Business of the Secretary
100. Repeal of redundant provisions—forest produce definition and timber promotion
101. Special powers of the Secretary
102. Reserved forests
103. Repeal of power to exchange forests lands for unoccupied Crown lands
104. Committees of management—reserved forests
105. Lease of land in reserved forest
106. Licences and permits with respect to forests
107. Repeal of entitlement to licence reissue
108. New section 52AA inserted
109. Repeal of sustainable yield provisions
110. Dealing with interests in leased land
111. Protected forests
112. New sections 62A to 62C inserted
113. Acute fire danger
114. Placing inflammable material
115. Duty to prevent spread of fire
116. Repeal of redundant provisions—dugouts and sawmills
117. Prohibition on cutting timber
118. Power to direct route
119. Payment of dues and charges
120. Presumption as to ownership
121. Search warrants
122. New sections 95A to 95J inserted
123. Offence provisions
124. New sections 96A and 96B inserted
125. New section 98 inserted
126. Regulation-making powers
PART 12--AMENDMENTS TO THE CONSERVATION, FORESTS AND LANDS ACT 1987
127. Definition amended
128. Part 5 substituted
129. VicForests staff to be authorised officers
130. Section 95A amended
131. New sections 121 and 122 inserted
132. Relevant law
PART 13--CONSEQUENTIAL AMENDMENTS TO OTHER ACTS AND TRANSITIONAL PROVISIONS
Division 1--Consequential Amendments to Other Acts
133. Confiscation Act 1997
134. Crown Land (Reserves) Act 1978
135. Land Act 1958
136. National Parks Act 1975
137. Planning and Environment Act 1987
138. Victorian Plantations Corporation Act 1993
139. Redundant Acts repealed
Division 2--Transitional Provisions
140. General transitional provisions
141. Forest operator's licences
SCHEDULE 1
SCHEDULE 2
ENDNOTES
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