S. 3 def. of authorised person inserted by No. 11/2014 s. 4(1). authorised person means a person specified in Schedule 2; Code of Practice has the same meaning as it has in section 3 of the Conservation, Forests and Lands Act 1987; S. 3 def. of Country Fire Authority inserted by No. 11/2014 s. 4(1). Country Fire Authority has the same meaning as Authority has in the Country Fire Authority Act 1958; S. 3 def. of coupe substituted by No. 11/2014 s. 4(2). coupe means a specific area of State forest identified for the purposes of timber harvesting and regeneration in a timber release plan and in Part 7A includes the following— s. 3 (a) a coupe specified in a Wood Utilisation Plan prepared under the Code of Practice for Timber Production made under Part 5 of the Conservation, Forests and Lands Act 1987; (b) an area specified in a licence granted under section 52 of the Forests Act 1958— (i) for a purpose referred to in subsection (1A)(c), (d), (e), (f) or (g) of that section; and (ii) in respect of which a declaration under section 77A has been made; S. 3 def. of Department inserted by No. 11/2014 s. 4(1). Department means the Department of Environment and Primary Industries;
(e) the provisions of any Code of Practice; S. 19(f) amended by No. 42/2013 s. 10(b). (f) VicForests' compliance with any Code of Practice; (g) any existing timber commitments VicForests has under any managed licences and any agreements VicForests has entered into. 20 What happens after a review? s. 20 (1) After conducting a review under section 18, the Minister, in accordance with section 17, may make any amendments or variations to the allocation order that the Minister considers appropriate. (2) Without limiting subsection (1), the Minister may— S. 20(2)(a) repealed by No. 42/2013 s. 11(1). * * * * * (b) reduce or increase the timber resources allocated to VicForests; (c) vary or amend any conditions in the allocation order. S. 20(3) substituted by No. 48/2005 s. 3, amended by No. 42/2013 s. 11(2). (3) If the Minister makes any amendment or variation to an allocation order as a result of a review referred to in section 18(2)(c) which reduces the timber resources allocated to VicForests, the amendment or variation must provide for the implementation of the reduction— (a) if the Minister and VicForests agree to a period (not exceeding 10 years) over which the reduction is to be implemented, in accordance with that agreed period; or
(b) if no period is agreed for the implementation of the reduction under paragraph (a), at the expiry of 10 years after the date that the order amending or varying the allocation order takes effect. S. 21 amended by No. 42/2013 s. 12. 21 Minister to consult on reduction of allocation s. 21 The Minister must consult with the Treasurer before reducing any timber resources allocated to VicForests. S. 21A inserted by No. 42/2013 s. 13. 21A Rights 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). S. 22 (Heading) substituted by No. 35/2010 s. 24(Sch. 6 item 3(1)). S. 22 amended by No. 35/2010 s. 24(Sch. 6 item 3(2)). 22 Minister's and Secretary's powers and functions not affected by order Nothing in an allocation order affects the powers and functions of the Minister or the Secretary under this Act or the Forests Act 1958 in respect of timber resources or in respect of an area to which an allocation order applies, other than the Secretary's powers and functions in relation to harvesting and selling or harvesting or selling vested timber resources. 23 Charges (1) VicForests and the Secretary must make reasonable endeavours to negotiate and enter into agreements relating to the charges payable by VicForests to the Secretary for the following matters— (a) any reasonable costs incurred by the Secretary in developing trees for harvesting
S. 94C inserted by No. 11/2014 s. 14. 94C Meaning of specified offence s. 94C In this Part, specified offence means— (a) an offence against section 77D(2), 77E(2), 77F(2), 77G, 77H, 77I, 77J or 77K; or (b) an offence against section 86 or 87; or (c) an offence against section 94A or 94B; or (d) an offence against section 94F(1) or 94H; or (e) an offence against a provision of Part 3 of the Safety on Public Land Act 2004 that relates to a public safety zone declared under section 4(2)(g) of that Act as in force immediately before its repeal. S. 94D inserted by No. 11/2014 s. 14. 94D Exclusion orders (1) A court may make an order excluding a person (the offender) from a timber harvesting safety zone or any area of State forest specified in the order, for the period specified in the order, if the court— (a) finds the offender guilty of a specified offence; and (b) is satisfied that the order may be an effective and reasonable means of preventing the offender from committing a further specified offence. (2) An exclusion order may be made— (a) on the application of— S. 94D(2)(a)(i) amended by No. 37/2014 s. 10(Sch. item 164.2). (i) a police officer; or
that facts or circumstances have arisen since the making or the last variation of the order that make it appropriate for the order to be varied. S. 94F inserted by No. 11/2014 s. 14. 94F Offence to contravene exclusion order s. 94F (1) A person in respect of whom an exclusion order is made must not in contravention of the order— (a) enter or re-enter the timber harvesting safety zone or area of State forest; or (b) remain in the timber harvesting safety zone or area of State forest. Penalty: 60 penalty units (2) Nothing in this section affects the powers of the court, or of the Supreme Court, in relation to contempt of court. S. 94G inserted by No. 11/2014 s. 14. 94G Direction to leave area to which exclusion order applies (1) This section applies if a person in respect of whom an exclusion order is made is in a timber harvesting safety zone or other area of State forest in contravention of the order. 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 s. 94H (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) Section 72 of the Criminal Procedure Act 2009 applies in the circumstances referred to in subsection (2). (4) Nothing in this section affects the powers of the court, or of the Supreme Court, in relation to contempt of court. __________________ 95 Limitation of Supreme Court's jurisdiction s. 95
(ii) as formulated, issued, prescribed or published at the time the regulations are made or at any time before then; or (iii) as formulated, issued, prescribed or published from time to time. (3) Regulations made under this Act may exempt specified persons or any class of persons from complying with all or any of the regulations. S. 97 (Heading) amended by No. 11/2014 s. 15(1). New s. 97 inserted by No. 42/2013 s. 24. 97 Native title rights and interests not affected s. 97 S. 97(1) amended by No. 11/2014 s. 15(2). (1) The amendments made to this Act by the Sustainable Forests (Timber) Amendment Act 2013 or the Sustainable Forests (Timber) and Wildlife Amendment Act 2014 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. __________________
Pts 11, 12 (Headings and ss repealed by No. 28/2007 s. 3(Sch. item 64). * * * * * s. 97 Pt 13 (Heading and ss 133–141) amended by No. 28/2007 s. 3(Sch. item 64), substituted 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 s. 140 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). __________________ SCHEDULES