Victorian Numbered Acts

SUSTAINABLE FORESTS (TIMBER) AMENDMENT ACT 2013 (NO. 42 OF 2013) - SECT 8

After section 17 of the Sustainable Forests (Timber) Act 2004 insert —

        " 17A     Effect 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.".