2 Commencement (1) This Part, sections 97, 98, 100(1), 103, 104, 105, 107, 108, 110, 112, 116, 122, 123(1), 124 and 125, Part 12 (except section 130) and Part 13 (except section 138) come into operation on the day after the day on which this Act receives the Royal Assent. (2) Subject to subsection (5), Division 1 of Part 4, section 95(1) and Schedule 1 come into operation on a day to be proclaimed. S. 2(3) repealed by No. 21/2006 s. 3(a). * * * * * (4) Subject to subsection (5), the remaining provisions of this Act come into operation on a day or days to be proclaimed. S. 2(5) amended by No. 21/2006 s. 3(b). (5) If a provision referred to in subsection (2) or (4) does not come into operation before 1 July 2006, it comes into operation on that day. 3 Definitions In this Act— allocation order means an order made in accordance with Part 3; S. 3 def. of approved timber release plan repealed by No. 42/2013 s. 4(2)(a). * * * * * authorised officer has the same meaning as it has in section 3 of the Conservation, Forests and Lands Act 1987;
S. 3 def. of Environment Protection Authority inserted by No. 11/2014 s. 4(1). Environment Protection Authority has the same meaning as Authority has in the Environment Protection Act 1970; S. 3 def. of exclusion order inserted by No. 11/2014 s. 4(1). exclusion order means an order made under section 94D; forest stand means a group of trees within a State forest that share common characteristics relating to eucalypt species composition and age; S. 3 def. of managed licence amended by No. 21/2006 s. 4(a). managed licence means a transferred agreement or transferred licence (east) which VicForests administers, manages and enforces under Part 4; S. 3 def. of member of the police force inserted by No. 11/2014 s. 4(1), repealed by No. 37/2014 s. 10(Sch. item 164.1(b)). * * * * * Minister for Agriculture means the Minister administering the Agricultural and Veterinary Chemicals (Control of Use) Act 1992;
S. 38(1) amended by No. 42/2013 s. 16(1). (1) A plan prepared under section 37 must include— (a) a schedule of coupes selected for timber harvesting and associated access road requirements; (b) details of the location and approximate timing of timber harvesting in the proposed coupes; (c) details of the location of any associated access roads. S. 38(2) substituted by No. 42/2013 s. 16(2). (2) A plan prepared under section 37 may include any other matters necessary or convenient to be included in the plan. S. 39 substituted by No. 42/2013 s. 17, repealed by No. 11/2014 s. 5. * * * * * S. 40 amended by No. 62/2010 s. 146(1), repealed by No. 42/2013 s. 18. * * * * * S. 41 substituted by No. 42/2013 s. 19. 41 VicForests 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
(5) A person to whom a request under subsection (4) is made must comply with the request, unless he or she has a reasonable excuse for not doing so. 5 penalty units. (6) It is not an offence for a person to fail to comply with a request under subsection (1) or (4)— (a) if the authorised officer did not inform the person, at the time the request was made, that it is an offence to fail to comply with the request; or (b) if the authorised officer did not identify himself or herself in accordance with section 85 before making the request. 85 Authorised officers must identify themselves An authorised officer must produce proof of his or her identity and official status— (a) before exercising a power under section 84; and (b) at any time during the exercise of a power under section 84, if asked to do so. 86 Offence to hinder or obstruct an authorised officer A person must not, without reasonable excuse, hinder or obstruct an authorised officer who is exercising that authorised officer's duties or powers under this Act or the regulations. 60 penalty units. 87 Offence to threaten or abuse an authorised officer A person must not threaten or abuse an authorised officer who is exercising that authorised officer's duties or powers under this Act or the regulations.
S. 94G(2) amended by No. 37/2014 s. 10(Sch. item 164.2). (2) Subject to subsection (3), an authorised officer or police officer 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. S. 94G(3) amended by No. 37/2014 s. 10(Sch. item 164.2). (3) An authorised officer or police officer 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 S. 94G(3)(a)(ii) amended by No. 37/2014 s. 10(Sch. item 164.2). (ii) in the case of a police officer, 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. S. 94H inserted by No. 11/2014 s. 14. 94H Offence 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. S. 94H(2) amended by No. 37/2014 s. 10(Sch. item 164.2). (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 police officer did not comply with section 94G(3).
(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. Pts 11, 12 (Headings and ss repealed by No. 28/2007 s. 3(Sch. item 64). * * * * * Pt 13 (Heading and ss 133–141) amended by No. 28/2007 s. 3(Sch. item 64), substituted as Pt 13 (Heading and s. 140) by No. 42/2013 s. 25. S. 140 substituted by No. 42/2013 s. 25. 140 Existing 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
S000439 S000441 S000447 S000448 S000452 S000453 Licence Number: S000465 S000476 S000489 S000495 S000500 S000518 S000519 S000570 Sch. 2 repealed by No. 21/2006 s. 5(4), new Sch. 2 inserted by No. 11/2014 s. 16, amended by No. 37/2014 s. 10(Sch. item 164.3). 7A 1 The Secretary, when performing a function, or exercising a power, of the Secretary. 2 An authorised officer, when performing a function, or exercising a power, of an authorised officer. 3 A 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. 4 A transport authority performing functions in a State forest and any employee, agent or contractor of that transport
Assent Date: 21.12.04 Commencement Date: S. 185 on 1.7.05: s. 3(1) : This information relates only to the provision/s amending the Sustainable Forests (Timber) Act 2004 Public Administration Act 2004, No. 108/2004 Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 199) on 5.4.05: Government Gazette 31.3.05 p. 602 : This information relates only to the provision/s amending the Sustainable Forests (Timber) Act 2004 Environment and Water Legislation (Miscellaneous Amendments) Act 2005, No. 48/2005 Assent Date: 24.8.05 Commencement Date: Ss 3, 4 on 25.8.05: s. 2 : This information relates only to the provision/s amending the Sustainable Forests (Timber) Act 2004 Sustainable Forests (Timber) (Amendment) Act 2006, No. 21/2006 Assent Date: 9.5.06 Commencement Date: 10.5.06: s. 2 : All of Act in operation Statute Law Revision Act 2007, No. 28/2007 Assent Date: 26.6.07 Commencement Date: S. 3(Sch. item 64) on 27.6.07: s. 2(1) : This information relates only to the provision/s amending the Sustainable Forests (Timber) Act 2004 Criminal Procedure Amendment (Consequential and Transitional Provisions) Act 2009, No. 68/2009 Assent Date: 24.11.09 Commencement Date: S. 97(Sch. item 118) on 1.1.10: Government Gazette 10.12.09 p. 3215 : This information relates only to the provision/s amending the Sustainable Forests (Timber) Act 2004 Parks and Legislation () Act 2010, No. 35/2010