89 Injunctions 86 90 Offences by bodies corporate and partnerships etc. 86 91 Infringement notice 87 94 Parking infringements 88 95 False or misleading statements 89 95A Hindering or obstructing forest operations 89 96 Proceedings for offences 90 97 Compensation 91 98 Action for damages 93 99 Regulations 95 100 Governor in Council may amend Schedule 3 96 98 107 References 98 108 Staff 99 111 Accounts 101 114 Continuation of section 94A of the Forests Act 1958 103 117 Bodies not affected by change in constitution 103 119 References to the Secretary 104 120 Saving and transitional provisions—appointments and delegations 104 121 Saving of appointments of authorised officers—Sustainable Forests (Timber) Act 2004 104 122 Codes of Practice—Sustainable Forests (Timber) Act 2004 105 123 Transitional provision—Traditional Owner Settlement Act 2010 105 __________________ SCHEDULES 106 SCHEDULE 1 106 SCHEDULE 1A 107 SCHEDULE 2—Provisions relating to Membership and Procedure of Committees and Councils 108 SCHEDULE 3—Works of public authorities 110 SCHEDULE 4—Transitional Provisions Applying on Abolition of Traditional Owner Land Management Boards 111 1 Definitions 111 2 Transfer of assets etc. on abolition 111 3 Amendment of Register 111
S. 7(3) amended by No. 76/1998 s. 3(1)(d). (3) The Secretary must, at intervals determined by the Minister, provide the Minister with reports concerning all business carried on by the Secretary and any further information which the Minister may require. S. 7(4) amended by Nos 76/1998 s. 3(1)(e)(i)(ii), 40/2009 s. 51, 24/2014 s. 79. (4) This section does not apply to a power, function or duty of the person for the time being constituting the body called "the Secretary to the Department of Environment and Primary Industries", being a power function or duty which the person has in the capacity of Department Head. S. 8 amended by Nos 46/1998 s. 7(Sch. 1), 76/1998 s. 3(1)(f), 108/2004 s. 117(1) (Sch. 3 item 39.2). 8 Department Head to have same powers as before incorporation s. 8 The powers and functions of the person who for the time being constitutes the body corporate established by this Division are in addition to, and do not affect the person's powers and functions as Department Head whether those powers and functions are conferred by or are derived from the Public Administration Act 2004 or by any other Act, law or practice. S. 9 repealed by No. 76/1998 s. 3(1)(g). * * * * * 10 Functions of Secretary S. 10(1) amended by No. 76/1998 s. 3(1)(h). (1) The Secretary has the functions conferred by a relevant law or by or under any other Act. S. 10(2) amended by No. 76/1998 s. 3(1)(h). (2) Subject to this Act, the Secretary has the power to do all things necessary or convenient to be done for or in connection with the performance of its functions.
S. 11(2) amended by No. 76/1998 s. 3(1)(i)(i)(ii). (2) The Secretary by instrument under seal may delegate any of the Secretary's powers, functions or duties, (except this power of delegation) conferred or imposed under this or any other Act as are specified in the instrument to— S. 11(2)(a) substituted by No. 96/1994 s. 52(b), amended by Nos 46/1998 s. 7(Sch. 1), 108/2004 s. 117(1) (Sch. 3 item 39.2). (a) any employee under the Public Administration Act 2004 or the holder of a statutory office within the meaning of that Act; or (b) any officer or employee of whose services the Minister makes use in pursuance of this or any other Act; or (c) with the consent of the Minister concerned, any officer, employee or servant of the Public Service of the Commonwealth or a State or Territory other than Victoria; or S. 11(2)(d) amended by Nos 61/1993 s. 36(c), 8/1995 s. 41(a). (d) any council, board or committee established under a relevant law; or S. 11(2)(e) inserted by No. 61/1993 s. 36(c), amended by No. 97/2003 s. 6(3)(a). (e) the Victorian Plantations Corporation or a member of staff of that Corporation; or S. 11(2)(f) inserted by No. 97/2003 s. 6(3)(b). (f) VicForests or an employee of VicForests. s. 11 (3) A delegation under subsection (1) or subsection (2) may be made to a particular person or class of persons.
S. 18(2) repealed by No. 101/1994 s. 65. * * * * * S. 18(3) amended by No. 76/1998 s. 3(1)(j). (3) The Secretary may do all things that are necessary or convenient to be done to give effect to a contract made under this section. 19 Limitation upon the Secretary's power to make contracts (1) In this section prescribed amount means— (a) $50 000; or (b) if a greater amount is prescribed for the purposes of this section, that greater amount. S. 19(2) amended by No. 76/1998 s. 3(1)(j). (2) A contract or agreement entered into by the Secretary where— (a) the consideration exceeds the prescribed amount; or (b) the period for performance exceeds three years— has no force or effect unless approved by the Minister. (3) This section does not apply to a land management co-operative agreement under Part 8. S. 20 amended by No. 76/1998 s. 3(1)(j). 20 Expenditure by the Secretary s. 20 The Secretary must pay the costs of the administration, maintenance, protection and management of all Crown lands under the jurisdiction and control of the Secretary and all other matters and things under the jurisdiction and control of the Secretary out of such money as is from year to year provided for that purpose by Parliament.
S. 56(1) def. of partner inserted by No. 72/2001 s. 3(Sch. item 3.1). partner of a deceased conservation worker means the worker's spouse or domestic partner at the time of the worker's death; S. 56(1) def. of spouse inserted by No. 72/2001 s. 3(Sch. item 3.1), amended by No. 67/2013 s. 649(Sch. 9 item 4(2)(a)). spouse of a person means a person to whom the person is married. s. 56 S. 56(1) def. of Tribunal repealed by No. 67/2013 s. 649(Sch. 9 item 4(2)(b)). * * * * * S. 56(2) inserted by No. 72/2001 s. 3(Sch. item 3.2), substituted by No. 12/2008 s. 73(1)(Sch. 1 item 8.2). (2) For the purposes of the definition of domestic partner in subsection (1)— S. 56(2)(a) amended by No. 4/2009 s. 37(Sch. 1 item 6.2(a)). (a) registered domestic relationship has the same meaning as in the Relationships Act 2008; and S. 56(2)(b) amended by No. 4/2009 s. 37(Sch. 1 item 6.2(b)). (b) in determining whether persons who are not in a registered domestic relationship are domestic partners of each other, all the circumstances of their relationship are to be taken into account, including any one or more of the matters referred to in section 35(2) of the Relationships Act 2008 as may be relevant in a particular case.
S. 58(3) amended by No. 76/1998 s. 3(1)(p)(i)(ii). (3) Subject to subsection (4), when a conservation worker suffers damage to or destruction of any property which he or she owns, possesses or controls and the damage or destruction arises out of or in the course of the carrying out of conservation work, the Secretary may authorise the payment to the owner of the property of such compensation for the damage or destruction as the Secretary considers reasonable in the circumstances. S. 58(4) amended by No. 76/1998 s. 3(1)(q). (4) A person is not entitled to recover both damages in respect of damage to or destruction of property and compensation under subsection (3) but if this occurs the Secretary may in respect of damage to or destruction of that property, recover from that person the amount of compensation paid under subsection (3), as a debt due to the Crown. S. 59 (Heading) inserted by No. 67/2013 s. 649(Sch. 9 item 4(4)). S. 59 amended by No. 67/2013 s. 649(Sch. 9 item 4(5)). 59 Jurisdiction of County Court s. 59 Where any question or matter arises under section 58(1) or (2), the County Court has under this Act exclusive jurisdiction to hear and determine the question or matter as if it arose under the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013, as the case requires, and those Acts apply with the necessary adaptations and modifications. S. 60 (Heading) inserted by No. 67/2013 s. 649(Sch. 9 item 4(6)). S. 60 amended by No. 67/2013 s. 649(Sch. 9 item 4(7)). 60 Authority to represent the Crown In all proceedings for compensation under this Part, the Authority is to represent the Crown and subject to any rules made by the County Court pursuant to this Part, is to be regarded as the employer of the conservation worker for the purposes of the Accident Compensation Act 1985 or the Workplace Injury Rehabilitation and Compensation Act 2013, as the case
S. 79(9) amended by No. 85/1998 s. 24(Sch. item 12.13). (9) Section 77 of the Transfer of Land Act 1958 applies to the sale as if— (a) the charge were a registered first mortgage, registered in priority to other registered encumbrances; and S. 79(9)(b) amended by No. 76/1998 s. 3(1)(t). (b) the Secretary were a mortgagee under that mortgage; and (c) the requirement relating to the giving of notice were deleted. S. 79(10) amended by No. 76/1998 s. 3(1)(t), repealed by No. 85/1998 s. 24(Sch. item 12.14). * * * * * S. 79(11) inserted by No. 35/1998 s. 13(10). (11) This section does not apply in relation to vested land within the meaning of the Victorian Plantations Corporation Act 1993. 80 Information to be given to the public S. 80(1) amended by No. 76/1998 s. 3(1)(u)(i). s. 80 (1) The Secretary must cause notice of the making of an agreement to be published in the Government Gazette and in a newspaper circulating throughout and to be displayed in a conspicuous place on the land to which the agreement applies as soon as possible after the agreement is made. S. 80(2) amended by No. 76/1998 s. 3(1)(u)(i). (2) The Secretary may, with any assistance which the Secretary requires, enter land to which an agreement applies for the purpose of causing a notice to be displayed in accordance with subsection (1). (3) A notice under subsection (1) must state where the agreement can be inspected and must contain any other prescribed information.
S. 97(1)(d) amended by No. 76/1998 s. 3(1)(z). (d) in subsection (1) the reference to any person suffering loss or destruction of or damage to property included a reference to the Secretary. S. 97(2) amended by No. 96/1994 s. 51(b). (2) Section 86 of the Sentencing Act 1991 applies to an offence under a relevant law as if the reference to property in that section included— (a) a reference to forest produce; and S. 97(2)(b) amended by No. 92/1995 s. 162(1). (b) a reference to wildlife within the meaning of the Wildlife Act 1975; and s. 97 S. 97(2)(c) inserted by No. 92/1995 s. 162(1). (c) a reference to fish or protected aquatic biota within the meaning of the Fisheries Act 1995. S. 97(3) amended by No. 96/1994 s. 51(a). (3) For the purpose of section 86 of the Sentencing Act 1991 as applied by subsections (1) and (2)— S. 97(3)(a) amended by No. 76/1998 s. 3(1)(z). (a) if the property which has been lost, damaged or destroyed is forest produce a statement in a certificate under the seal of the Secretary as to the amount which the Secretary considers would have been payable by way of royalty if the forest produce had been taken in accordance with a licence granted under a relevant law is evidence of the value of the forest produce; and S. 97(3)(b) amended by No. 76/1998 s. 3(1)(z). (b) in any other case, a statement in a certificate under the seal of the Secretary as to the value of the property lost damaged or destroyed or as to the amount of charges, costs or expenses incurred is evidence of the value of that property or that amount.
(f) wildlife within the meaning of the Wildlife Act 1975; S. 98(3)(g) inserted by No. 92/1995 s. 162(2). (g) fish or protected aquatic biota within the meaning of the Fisheries Act 1995. S. 98(4) amended by No. 76/1998 s. 3(1)(aa)(i). (4) The Secretary may bring an action under subsection (1) or (2) whether or not the person has been charged with an offence in respect of the contravention of a relevant law. (5) In proceedings under this section relating to property lost damaged or destroyed a court may award damages (not exceeding the value of the property lost damaged or destroyed) which it considers appropriate. (6) In proceedings under this section in relation to charges, costs and expenses incurred, a court may award damages (not exceeding the amount so incurred) which it considers appropriate. S. 98(7) amended by No. 76/1998 s. 3(1)(aa)(i). (7) The Secretary may recover damages in proceedings under this section even though the Secretary has suffered no actual loss or damage. s. 98 (8) In proceedings under this section— S. 98(8)(a) amended by No. 76/1998 s. 3(1)(aa)(i). (a) if the property is forest produce, a statement in a certificate under the seal of the Secretary as to the amount which the Secretary considers would have been payable by way of royalty if the forest produce had been taken in accordance with a licence granted under a relevant law is evidence that the value of the forest produce is the amount specified in the statement; and S. 98(8)(b) amended by No. 76/1998 s. 3(1)(aa)(i). (b) in any other case, a statement in a certificate under the seal of the Secretary as to the value which the Secretary considers to be the value of property or as to the amount of charges,
Assent Date: 17.11.98 Commencement Date: S. 24(Sch. item 12) on 1.1.99: s. 2(3) : This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987 Water Industry (Amendment) Act 2000, No. 66/2000 Assent Date: 8.11.00 Commencement Date: Ss 33, 34 on 1.12.01: s. 2(4) : This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987 Corporations (Consequential Amendments) Act 2001, No. 44/2001 Assent Date: 27.6.01 Commencement Date: S. 3(Sch. item 22) on 15.7.01: s. 2 : This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987 Statute Law Further Amendment (Relationships) Act 2001, No. 72/2001 Assent Date: 7.11.01 Commencement Date: S. 3(Sch. item 3) on 20.12.01: Government Gazette 20.12.01 p. 3127 : This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987 Fisheries (Amendment) Act 2003, No. 56/2003 Assent Date: 16.6.03 Commencement Date: Ss 5–7 on 17.6.03: s. 2 : This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987 Forests and National Parks Acts (Amendment) Act 2003, No. 97/2003 Assent Date: 2.12.03 Commencement Date: S. 6 on 3.12.03: s. 2 : This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987 Sustainable Forests (Timber) Act 2004, No. 48/2004 Assent Date: 16.6.04 Commencement Date: Ss 127–129, 131, 132 on 17.6.04: s. 2(1); s. 130 on 1.8.04: Government Gazette 29.7.04 p. 2120 : This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987 Primary Industries Legislation (Further Miscellaneous Amendments) Act 2004, No. 69/2004
Assent Date: 2.3.10 Commencement Date: S. 25(5)(Sch. 2 item 2) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1 : This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987 Climate Change Act 2010, No. 54/2010 Assent Date: 14.9.10 Commencement Date: S. 76 on 1.7.11: s. 2(2) : This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987 Endnotes Traditional Owner Settlement Act 2010, No. 62/2010 Assent Date: 21.9.10 Commencement Date: Ss 95–108 on 23.9.10: Special Gazette (No. 382) 22.9.10 p. 1 : This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987 Statute Law Revision Act 2011, No. 29/2011 Assent Date: 21.6.11 Commencement Date: S. 3(Sch. 1 item 16) on 22.6.11: s. 2(1) : This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987 Sentencing Amendment (Community Correction Reform) Act 2011, No. 65/2011 Assent Date: 22.11.11 Commencement Date: S. 107(Sch. item 1) on 16.1.12: Special Gazette (No. 423) 21.12.11 p. 3 : This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987 Statute Law Revision Act 2012, No. 43/2012 Assent Date: 27.6.12 Commencement Date: S. 3(Sch. item 7) on 28.6.12: s. 2(1) : This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987 Workplace Injury Rehabilitation and Compensation Act 2013, No. 67/2013 (as amended by No. 44/2014) Assent Date: 12.11.13 Commencement Date: S. 649(Sch. 9 item 4) on 1.7.14: s. 2(1) Current State: This information relates only to the provision/s amending the Conservation, Forests and Lands Act 1987 Game Management Authority Act 2014, No. 24/2014