1958.
Forests.
No. 6254
273
No. 6254.
FORESTS A C T 1958.
An Act to consolidate the Law for the Management and
Protection of State Forests.
[30th September, 1958.]
E it enacted by the Queen's Most Excellent Majesty by and
with the advice and consent of the Legislative Council and
B
the Legislative Assembly of Victoria in this present Parliament
assembled and by the authority of the same as follows (that is
to say):—
1. This Act may be cited as the Forests Act 1958, and shall ^oft title
come into operation on a day to be fixed by proclamation of the
commence-
mem
Governor in Council published in the Government Gazette.
'
2. (1) The Acts mentioned in the First Schedule to this Act Repeal.
to the extent thereby expressed to be repealed are hereby repealed IcSduie.
accordingly.
(2) Except as in this Act expressly or by necessary implication
provided—
(a) all persons things and circumstances appointed or
created by or under either of the repealed Acts or
existing or continuing under either of such Acts
immediately before the commencement of this Act
shall under and subject to this Act continue to have
the same status operation and effect as they
respectively would have had if such Acts had not
been so repealed ;
(b) in particular and without affecting the generality of
the foregoing paragraph, such repeal shall not
disturb the continuity of status operation or effect
274
1958.
Forests.
No. 6254
of any proclamation regulation order application
determination direction lease licence permit
authority appointment covenant condition notice
excision dedication acquisition map plan fee liability
or right made effected issued granted given
presented passed fixed accrued incurred or
acquired or existing or continuing by or under either
of such Acts before the commencement of this
Act; nor shall such repeal affect the Commonwealth
and States Financial Agreements Acts or any
liability in respect of any advance made under the
State Forests {Timber Salvage) Loan and
Application Act 1939.
Interpretation.
No. 6073 s. 3.
' Act."
' Cattle."
' Chairman.'
" Commission."
" Commissioner."
" Department."
" Fire
protected
area."
3. (1) In this Act, unless inconsistent with the context or
subject-matter—
A c t " includes any regulation thereunder.
Cattle" includes bulls cows oxen heifers calves steers
horses mares geldings colts fillies asses mules pigs
rams wethers ewes lambs goats and kids.
Chairman " means the chairman of the Commission.
1
Commission " means the Forests Commission under this
Act.
Commissioner " means a member of the Commission and
includes the Chairman.
Department" means State Forests Department.
;
Fire protected area " means any land (not being land
within the Mallee country within the meaning of the
Land Act 1958 (a) or land vested in or under the
control of the Melbourne and Metropolitan Board
of Works) which is—
(a) within any State forest;
(b) within any national park;
(c) (unless excised pursuant to an Order under
sub-section (3) of this section) within one
mile of—
(i) any
reserved
forest
or
any
area of unoccupied Crown
land proclaimed as a protected
forest pursuant to this Act
or any corresponding previous
enactment; or
(ii) any national park.
(a) See Land Act 1958 section 230.
1958.
Forests.
No. 6254
" Firewood " includes parts of trees made up into bundles
stacks cords or loads or cut up in the manner in
which it is usual to cut wood for burning and includes
refuse wood generally.
" Forest officer " means any officer or employe under the
Commission declared, or any officer or employe under
the Commission within any class of officers or
employes declared, by the Minister under the
regulations to be a forest officer or to be forest
officers under this Act and includes any person
(not being an officer or employe under the
Commission) who is appointed by the Commission
under this Act to act for the time being as a forest
officer under this Act.
" Forest produce" where used in reference to or in
connexion with or as to anything in any reserved
forest includes the following things namely:—Stone
gravel limestone lime salt sand loam brick earth trees
timber branchwood firewood chips sawdust plants
grass creepers fibres leaves blossom flowers ferns
grass-trees fruit seeds roots bark bulbs galls gum
kino resin sap charcoal honey or beeswax or oil
distilled from any species of eucalyptus or from any
other tree or plant but does not include any gold or
silver or metal or mineral.
" Forest produce" where used in reference to or in
connexion with or as to anything in any protected
forest means trees timber firewood sawdust plants
leaves ferns grass-trees roots bark gum kino resin
charcoal honey or beeswax or oil distilled from any
species of eucalyptus or from any other tree or plant.
" Inflammable material " includes any sawdust offcuts bark
stubble scrub or timber liable to be consumed by
fire.
" Lease " " licence " " permit" or " authority " means any
lease licence permit or authority respectively granted
under any Act by the Governor in Council or any
Minister or under this Act by the Governor in
Council or the Commission or any person authorized
by the Governor in Council or the Commission in that
behalf.
" Minister " means Minister of Forests.
" Minister of Lands " means the responsible Minister of
the Crown for the time being administering the Land
Act 1958.
" National park " means any land reserved from sale for
the purpose of a national park under the Land Act
1958 or any corresponding previous enactment.
275
' Firewood."
" Forest
officer."
" Forest
produce " in
reserved
forest.
" Forest
produce " in
protected
forest.
" Inflammable
material."
" Lease "
" licence '
' Minister."
" Minister of
Lands."
" National
park."
276
1
Prescribed.'
" Prohibited
period."
" Protected
forest."
" Regulations."
" Reserved
forest."
Second
Schedule.
Third
Schedule.
' Scrub."
" State
forest."
' Stubble.'
' Timber."
'Tree.'
" Working
plan."
1958.
Forests.
No. 6254
"Prescribed" means prescribed by this Act or any
regulation thereunder.
" Prohibited period " means—
(a) with respect to any State forest or national
park—the whole year;
(b) with respect to any fire protected area other
than a State forest or national park—a
period declared by proclamation of the
Governor in Council as hereinafter
provided.
"Protected forest" includes all unoccupied Crown land
proclaimed as a protected forest pursuant to this Act
or any corresponding previous enactment and every
unused road and every water frontage as defined
in Part XLVIII. of the Local Government Act 1958.
" Regulations" means regulations under this Act.
" Reserved forest" includes—
(a) all areas of Crown land set out as permanent
forests in the Second Schedule to this Act
or dedicated as permanent forests pursuant
to this Act or any corresponding previous
enactment; and
(b) all areas of Crown land set out as timber
reserves in the Third Schedule to this Act
or dedicated as timber reserves pursuant to
this Act or any corresponding previous
enactment.
" Scrub" includes trees bushes plants and undergrowth
of all kinds and sizes whether alive or dead and
whether standing or not standing, and also includes
any part of any such trees bushes plants or
undergrowth whether severed or not severed.
" State forest " or " forest " includes reserved forests and
protected forests.
" Stubble " includes stubble hay straw and herbage whether
alive or dead and whether standing or not standing.
" Timber " includes fallen trees felled trees and all wood
whether sawn split hewn or otherwise fashioned.
" Tree " or " trees " includes trees shrubs bushes seedlings
saplings and reshoots whether alive or dead.
" Working plan " means a detailed scheme for the control
and regulation of the working of a forest or any
part thereof and for ensuring the maintenance of a
sustained yield of forest produce therefrom.
1958.
Forests.
No.
6254
277
(2) The Governor in Council may from time to time by Power to
proclamation published in the Government Gazette declare any coSuo'"
period to be a prohibited period in respect of any fire protected period
prohibited
area (other than a State forest or national park) and, without
affecting the generality of the foregoing, may from time to time
by proclamation so published declare different prohibited periods
in respect of different parts of any fire protected area (other than
a State forest or national park), and any proclamation so
published may subsequently be revoked amended or varied by the
Governor in Council by proclamation so published.
(3) The Governor in Council may on the joint recommendation Provision for
of
of the Minister of Forests and the Chief Secretary at any time by excision
urban fire
districts
from
Order published in the Government Gazette excise from any fire fire protected
protected area the whole or part of any urban fire districts area.
proclaimed as such under the Country Fire Authority Act 1958 or
any corresponding previous enactment.
State Forests Department.
4. There shall be a Department of the Public Service called suteForesa
the State Forests Department having under the direction of the Kojstm*!'*.
Minister of Forests such powers authorities and duties as are
provided for by this Act.
5. (1) The Department shall subject to this Act have the
exclusive control and management of—
(a) all matters of forest policy;
(b) the granting issuing and enforcing of all leases licences
permits or authorities under this Act or any
corresponding previous enactment;
(c) the collection and recovery of all rents fees royalties
charges and revenue under this Act whether in
respect of leases licences permits or authorities
granted before or after the commencement of this
Act; and
(d) the administration generally of this Act.
Business of
Forests
Department.
No. 6073 s. 5.
(2) The covenants conditions and provisions of every lease Enforcement
licence permit or authority which has any force or effect in any &."?K?
reserved forest shall be enforced and administered by the State * 0 c r e l! t . r e s e r v c d
Forests Department and the officers thereof and not by any other
Department or officers.
(3) All members of the police force are hereby required to 5 >mm
^ o r c e ers
aid and assist the commissioners and the officers of the Department {;° !^.°J
in executing their duties under this Act.
278
Forests
Department
not to control
mining.
No. 6073 s. 6.
1958.
Forests.
No. 6254
6. Nothing in this Act shall be construed as giving to the
Minister of Forests or the Commission or any forest officer any
powers duties or authorities with regard to mining for gold or
silver or other metals or minerals.
Restriction on
cutting or
removing
timber or
forest
produce.
No. 6073 s. 7.
7. ( 1 ) Notwithstanding anything in the Mines Act 1958 or
any lease licence right or authority thereunder, no person shall
cut or remove any timber or forest produce in any State forest
except in accordance with the regulations under this Act.
Exercise of
mining rights
subject to
certain
conditions.
(2) Notwithstanding anything in the Mines Act 1958 or the
Coal Mines Act 1958 or any lease licence right or authority under
either of the said Acts the exercise of any rights as to mining within
a reserved forest shall be subject to such conditions for the protection
and maintenance of the forest as are prescribed.
Power to
Governor in
Council to
except certain
areas from
occupation
under leases,
licences, &c.
No. 6073 s. 8.
8. ( 1 ) T h e Governor in Council by notice published in the
Government Gazette may—
(a) except any reserved forest or any specified portion
thereof from occupation under any lease licence
permit or authority granted under this Act; and
(b) revoke or amend such notice.
(2) Save to the extent to which such notice is amended no
reserved forest or portion thereof so excepted and no lands
included in the reserved forest or portion thereof so excepted shall
after such exception be occupied or continue to be occupied
under any such lease licence permit or authority under this
Act until such exception is revoked.
Constitution
of Forests
Commission.
The Forests Commission.
9. (1) For the purposes of this Act there shall be a Forests
Commission
consisting
of
three commissioners
appointed
as
NO. 6073 s. 9. hereinafter provided.
Power to
appoint
commissioners
and chairman
and to fill
vacancies.
Establishment
Commission,
(2) The Governor in Council may—
(a) appoint three persons to be commissioners;
(b) appoint one of the commissioners to be the chairman;
and
(c) when any vacancy occurs in the office of chairman or
commissioner, appoint some other person to fill
the vacancy.
( 3 ) The Forests Commission is hereby declared to have been
first constituted under the Forests Act 1918 on the first day of
October One thousand nine hundred and nineteen.
1958.
Forests.
No. 6254
279
(4) The persons constituting the Forests Commission at the Present
commencement of this Act shall for the respective terms for sloners!"
which they were appointed be deemed to be commissioners as if
appointed under this Act.
10. The Commission shall be a body corporate under the incorporation
name of the Forests Commission and shall have perpetual Commission,
succession and a common seal and be capable in law of suing and No. am s. io.
being sued and of taking purchasing holding exchanging leasing
taking on lease and disposing of real and personal property
subject to and for the purposes only of this Act.
11. (1) The chairman shall receive a salary at the rate of salaries of
Three thousand three hundred pounds per annum and each of 1°^™™'
the other commissioners shall receive a salary at the rate of Two NO. 6073 s. 11.
thousand six hundred and fifty pounds per annum and every such
salary shall be paid out of the Consolidated Revenue which is
hereby to the necessary extent appropriated accordingly.
(2) If any commissioner holds any public office or employment
in the service of the State (other than the office or employment
of commissioner) in respect of which he is entitled to an annual
salary he shall receive only the higher of such salaries.
12. (1) Subject to this Act every commissioner shall hold Tenure of
office during good behaviour for the term for which he is appointed, sfon^s3"
No. 6073 s. 12.
(2) No person shall be appointed a commissioner for a
term exceeding five years.
(3) Any commissioner may from time to time be re-appointed commisfor any further term not exceeding five years,
eligible for
re-appointment.
13. A commissioner shall not in respect of his office as such be commissubiect to the provisions of the Public Service Act 1958.
not io be
subject to
Public Service
Act.
No. 6073 s. 13.
14. (1) The Governor in Council may remove any
commissioner from his office on an address praying for such
removal being presented to the Governor by the Legislative
Council and the Legislative Assembly respectively in the same
session of Parliament or by the Legislative Assembly alone in
two consecutive sessions thereof:
Provided that not less than six weeks shall intervene between
such addresses when made by the Legislative Assembly alone
as aforesaid.
commishoTrcmoved
0?s™spTnded.
NO. 6073 s. 14.
280
1958.
Forests.
No. 6254
(2) At any time when Parliament is not sitting the Governor
in Council may suspend any commissioner from his office for
inability inefficiency mismanagement or misbehaviour or refusal
or neglect or failure to carry out any of the provisions of this
Act, and a full statement of the cause of such suspension shall be
laid before both Houses of Parliament within seven days after
the commencement of the next session thereof; and if an address
at any time during that session is presented to the Governor
by the Legislative Council or the Legislative Assembly praying for
the restoration of such commissioner to his office he shall be
restored accordingly; but if no such address is so presented the
Governor in Council may confirm such suspension and declare the
office of such commissioner to be and the same shall thereupon
become and be vacant.
Commissioners not to
engage in
other
employment
without the
sanction of the
Governor
in Council.
No. 6073 s. 15.
15. No commissioner during his continuance in the office of
commissioner shall—
(a) save with the sanction of the Governor in Council
engage in any employment other than in connexion
with the duties of such office; or
(b) in any circumstances engage in any profession trade
or calling outside the service of the State.
Insolvents
incapacitated.
No. 6073 s. 16.
16. (1) No undischarged or uncertificated bankrupt or
insolvent shall be capable of being appointed a commissioner.
Office of
commissioner
how vacated.
(2) Every commissioner who—
(a) becomes bankrupt or insolvent or applies to take the
benefit of any Act for the relief of bankrupt or
insolvent debtors or by any deed or writing
compounds with his creditors or makes an
assignment of his salary for their benefit;
(b) is wilfully absent from his duty for a period of fourteen
consecutive days except on leave granted by the
Governor in Council (which he is hereby authorized
to grant);
(c) becomes incapable of performing his duties as
commissioner; or
(d) resigns—
shall thereby vacate his office as commissioner.
Commissioners not to
be personally
interested in
contracts &c.
(3) Every commissioner who—
(a) is in anywise concerned or interested in any bargain
or contract made by or on behalf of the
Commission; or
1958.
Forests.
No. 6254
281
(b) in anywise participates or claims to be entitled to
participate in the profit thereof or in any benefit
or emolument arising from the same—
shall thereby vacate his office as commissioner and shall also
be guilty of a misdemeanour and shall be liable to a penalty of
not more than Five hundred pounds or to imprisonment for a
term of not more than three years or to both of these punishments.
17. (1) The Governor in Council, in the case of the illness JJJj^ ^ of
suspension or absence of the chairman or of any other commissioner,
commissioner, may appoint some person to act as his deputy N0.60733.17.
during such illness suspension or absence, and every such person
shall, while so acting, have the powers and perform the duties
of such chairman or other commissioner.
(2) If the person appointed to act as the deputy of the
chairman is a commissioner the Governor in Council may appoint
some other person to act as the deputy of such commissioner
while acting as the deputy of the chairman.
(3) The provisions of section sixty-two (and the regulations Application
therein referred to) of the Public Service Act 1958 so far as they Service Act
relate to illness shall apply to a commissioner and for the purposes prowsfons) to
of such application any commissioner who prior to his appointment commissioners.
as such was an officer in the public service shall be deemed to have
continued to be such an officer.
Powers and Duties of the Commission.
18. Subject to this Act the Commission shall protect State Genwai
forests and shall have the control and management of—
Commission.
No. 6073 s. 18.
(a) State forests and plantations nurseries forest schools
and industrial undertakings carried on under this
Act and the forest produce of other Crown lands
as provided in this Act; and
(b) the establishment maintenance improvement and
renewal of forests plantations and tree-nurseries and
the distribution of trees therefrom and all
tree-planting—
(i) on Crown lands not vested in any
corporation or trustees or not under the
control or management of any council
or committee of management; or
(ii) on public roads (other than main roads and
State highways within the meaning of
the Country Roads <4 cf 1958)—
when such tree-planting is subsidized by grants
from the Consolidated Revenue or the Forestry
Fund or by gifts of trees from the Government or
the Commission.
282
Poweno
place forest
produce on
catchment
areas under
1958.
Forests.
No. 6254
19. The Governor in Council may by Order published in the
Government
Gazette direct that the forest produce o n any
catchment area now or hereafter managed or controlled by any
commission. Authority within the meaning of the Water Act 1958 shall with
No. 6073 s. 19. the consent of such Authority subject to such conditions as t h e
Governor in Council thinks fit be placed under the control and
management of the Commission.
fnddXeTo?
commission,
No. 6073 s. 20.
2 0 . Subject to this A c t the Commission shall o u t of such
moneys as are legally available make provision for the following,
n a m e
ly;_
(a) The preparation and carrying out of all forest surveys
including such as are necessary for the
demarcation of forests and for working plans;
(b) Plans works and plant for the establishment
maintenance improvement and renewal of natural
forests and plantations of indigenous and exotic
trees and plants and for harvesting timber-crops
and other forest produce and for the prevention
and suppression of fires within fire protected areas;
(c) Plans works and plant for the utilization of forest
produce for the market and for the conversion
manufacture and sale of forest produce and
by-products thereof;
(d) The preparation and issue of plans and publications
for the advancement of forestry generally and for
the encouragement of tree-planting on municipal
and private land;
(e) The training of forest officers the conduct of research
work and the collection of statistics in connexion
with forestry ; and
(/) The provision of facilities for public recreation and
for the protection of native flora and fauna in
State forests.
Special powers
commission.
No. 6073 s. 21
2 1 . ( 1 ) Subject to this Act the Commission m a y —
( a ) permit the taking or converting of a n y timber or
Qtjjgj. forest produce in any State forest at not less
than such minimum rates or amounts as are
prescribed by or under this Act;
(b) take and sell any timber or forest produce in any
State forest;
(c) convert any such timber into logs sawn timber or
merchantable articles and sell the same;
(d) convert any such forest produce into merchantable
articles and sell the same;
1958.
No. 6254
Forests.
283
(e) construct and maintain roads tracks and tramways and
other works for the transport of timber forest
produce and merchantable articles and purchase
tramways and other works for such purposes and
operate tramways or works so constructed or
purchased and purchase rent or charter and
use vehicles and vessels with the necessary motive
power:
Provided that any proposed construction or Reference to
,
- .
fi.
i
e
-j
PublicWork3
purchase of tramways or other works as aforesaid committee,
where the estimated cost of completing the same
exceeds the sum of Twenty thousand pounds shall
be first referred by the Governor in Council to
the Public Works Committee for consideration and
report to the Governor in Council and shall not be
carried out unless recommended by the said
Committee, and the said Committee may for the
purposes of this proviso exercise the like powers
as are conferred upon it by sections seventeen and
eighteen of the Public Works Committee Act 1958;
(/) construct purchase or rent and operate sawmills and
other mills and kilns and depots for seasoning timber
and purchase or rent machinery and plant for the
purposes of this section; and
(g) purchase cattle and depasture them on State forests
and sell such cattle.
(2) The power to sell given by this section includes the
power to sell by public auction or by tender or at not less than
the rates or amounts prescribed by or under this Act.
(3) The powers conferred on the Commission under this Act to Power
to
3n
c
construct purchase or operate tramways shall notwithstanding JalonB
'
r a mwa?s*
roads
anything in any Act include power—
(a) to construct any such tramway or any part thereof on
along or across any road or (where such tramway
is proposed to be constructed wholly or partly on
Crown land other than a State forest) on any
route, fixed after consultation between the
Minister of Lands and the Minister of Forests, in
or through such Crown land;
(b) to purchase any such tramway constructed wholly or
partly on along or across any road; or
(c) to operate any such tramway.
(4) The Tramways Act 1958 shall not apply to any tramway Nonconstructed or purchased by the Commission pursuant to this Act appUcatlonor any corresponding previous enactment.
284
1958.
Tramways not
to be
constructed
without
consent of
council or
Governor
in Council.
(5) Notwithstanding anything in this section no tramway or
part thereof (as the case may be) proposed to be constructed
pursuant to this section along any road which is under the care
and management of the council of any municipality shall be so
constructed unless with the consent of the said council or (failing
such consent being given within three months after the receipt
by the council of an application therefor) of the Governor in
Council.
Working plans
for State
forests.
No. 6073 s. 22.
22. (1) The Commission—
(a) shall prepare and cause to be put into operation
working plans with respect to the control,
maintenance, improvement, protection from
destruction or damage by fire or otherwise, and
removal of forest produce in and from each State
forest and any part thereof;
(b) may from time to time revise any such working plan
and shall cause the revised working plan to be
put into operation; and
(c) forthwith after the preparation or revision of any such
working plan shall submit the same to the Minister.
(2) Any such working plan shall specify the detailed plans
for the protection of the area from fire and may specify—
(a) the maximum area from which forest produce may be
taken annually;
(b) the maximum quantity of forest produce that may be
disposed of annually;
(c) the sylvicultural operations necessary to ensure the
regeneration of the best species of forest on areas
which have been cut over; and
(d) such other matters as the Commission thinks fit.
Contracts for
worksNo. 6073 s. 23.
23. (1) The Commission by its corporate name may enter
into contracts with any persons for the execution of any works
directed by any Act to be executed by it or which it thinks proper
to do or to direct to be done under or by virtue of the powers
conferred upon it by any Act or for the supply of any matters
or things whatsoever necessary for enabling the Commission to
carry the purposes of this Act or of any other Act so far as
administered by it into full and complete effect in such manner
and upon such terms and for such sums of money and under
such stipulations conditions and restrictions as the Commission
thinks proper.
Sanction of
Minister for
certain
contracts.
(2) No contract made by the Commission the consideration
of which exceeds Five hundred pounds or the performance of
which may extend over a period exceeding one year shall have
any force or effect unless sanctioned by the Minister.
Forests.
No. 6254
1958.
Forests.
No. 6254
285
24. Subject to the Minister the Commission shall in addition Powers &c. of3
to the powers duties and (a)
authorities conferred or imposed upon Department
it by this or any other Act also administer the provisions of any ™ ^ S A ^
Acts administered prior to the commencement of the Forests Act
1918 in the State Forests Department which the Governor in
Council by Order published in the Government Gazette directs
to be so administered by the Commission.
25. (1) The Minister may at any time in writing request the Power of
Commission to propose in writing a scheme for effecting an reS"t0
increase of income or a decrease of expenditure or for carrying commfiionin
out any matter of general policy specified by the Minister, and S?atterao!
if the Minister approves of the same he may direct the Commission p°licyNo- 6073s 25
to take all necessary steps to carry out the same.
- (2) If any doubt or difference of opinion occurs respecting Differences
the provisions of this section the same may be finally determined ° op
by the Governor in Council.
26. If any question arises or is about to arise—
,
.
.
,
,
,
.
,
,
settlement of
.
.
questions as
(c) as to whether any power duty authority obligation or to transfer of
,..•••..
.
.
r
J
•
j
powers &c. to
liability is or is not conferred or imposed upon or commission
transferred to the Commission; or
No.6073s.26.
(b) as to the transfer to the Commission of any officer
or employe"—
such question may be finally and conclusively determined by the
Governor in Council in such manner as he thinks fit.
27. ( 1 ) For the purposes of this section the Commission may Trainees in
• ^ a/
j
*
•
j
forestry.
appoint fit and proper persons to act as examiners and may No.6073s.27.
prescribe the classes of persons who may attend examinations.
(2) The Commission may upon the recommendation of the
examiners appointed pursuant to the last preceding sub-section
and upon such terms and conditions as are prescribed employ
for any period not exceeding three years such persons as it thinks
fit as trainees for the purpose of undergoing a course of training
in forestry.
(3) Such trainees shall not during such period be subject
to the Public Service Act 1958
(4) At the expiration of the period of training any person
who in the opinion of the Commission has satisfactorily fulfilled
the prescribed conditions of training shall be eligible to be
appointed to any position in the Department in the Professional
Division for which such person is qualified.
(a) See Wild Flowers and Native Plants Protection Act 1958, Wood Pulp
Agreement Act 1936 and Forests (Masonite Agreement) Act 1956.
286
Saving of
rights to
officers of the
public service
appointed as
commissioners.
No. 6073 s. 28.
Pension
rights &c. of
officer
reserved.
1958.
Forests.
No. 6254
Pension Rights, &c.
28. (1) Notwithstanding anything in any Act any
commissioner who immediately before the date of his appointment
as such was or is an officer of the public service shall on ceasing
to be a commissioner be eligible (on the recommendation of the
Public Service Board) to be appointed to an office in the
public service with a classification and emolument corresponding
with or higher than that which he held in the public service
immediately before the said date as if the period of his service
as a commissioner had been service in the public service.
(2) No officer or person appointed or employed by or under
the Commission who was or is at the time of such appointment or
employment an officer entitled to superannuation or retiring
allowance compensation or gratuity under the provisions of the
Public Service Act 1958 or any corresponding previous enactment
shall by such appointment or employment forfeit or lose any rights
to such superannuation or retiring allowance compensation or
gratuity to which he would be entitled under that Act or enactment;
but such rights whether matured or accruing shall remain in full
force and effect as if—
(a) there had been no such appointment or employment;
and .
(b) such officer or person had continued in the public
service under the control of the Public Service
Board.
Funds for
current
expenses of
Commission
to be voted by
Parliament.
No. 6073 8. 29.
Financial.
29. (1) The Commission shall out of such moneys as are from
year to year provided for that purpose by Parliament pay the costs
of the administration maintenance protection and management of
all State forests and all such other matters and things as are
subject to its jurisdiction and control.
Entry of
payments.
(2) An entry of every such payment shall be made in the
books of account of the Commission and shall set forth the State
forest or other matter or thing in respect of which it has been
made.
Establishment
of Forestry
Fund.
No. 6073 s, 30.
30. (1) There shall be established and kept in the Treasury
an account to be called the Forestry Fund.
Payments into
fund.
(2) There shall in each financial year be paid out of the
Consolidated Revenue into the said fund—
(a) the sum of Forty thousand pounds; and
1958.
Forests.
No. 6254
(b) in addition when the gross amount received in such
year from royalties leases licences permits
authorities and the royalty equivalent of forest
produce sold under this Act exceeds Eighty
thousand pounds a sum equivalent to one-half of
the gross amount received therefrom in excess of
Eighty thousand pounds;
and the Consolidated Revenue is hereby to the necessary extent
appropriated accordingly.
In this sub-section " royalty equivalent" means such portion
of the amount received from the sale of forest produce as would
have been payable as royalty if such forest produce had been
obtained under any lease licence permit or authority under this
Act.
(3) The said fund shall be applicable only to and available
only for the payment thereout in each financial year of such sums
for the improvement and re-forestation of State forests and the
development of forestry and any special purposes under sections
twenty or twenty-one of this Act as the Governor in Council on
the recommendation of the Commission directs.
287
Purposes of
fun
*
31. (1) There shall be established and kept in the Treasury f2srefnssfore'
an account to be called " Forest Stores Suspense Account" (in Account,
this section called " the account").
No. era a. 31.
(2) Any amount specified for the purpose in any Act shall
be paid into the account for the purchase of stores fuel materials
fittings equipment and the procurement and hire of plant for works
under this Act.
(3) The moneys in the account shall be available—
(a) for the purchase of stores fuel materials fittings
equipment and the procurement hire operation
maintenance and repair of plant pending the
allocation of such stores fuel materials fittings
equipment and plant to the various works in which
they are used; and
(b) to defray the cost of manufacturing articles for stock
for use on forest works.
(4) The value of—
(a) such stores fuel materials fittings equipment plant
and hire charges made for the use of such plant;
and
(b) such manufactured articles for stock—
shall be charged to the respective appropriations or funds (made
or established under any Act) for the various works in which
they are used, and shall be credited to the account.
288
1958.
Forests.
No. 6254
Forests Plain
and
Machinery
Fund.
No. 6073 s. 32.
32. (1) When any plant or machinery of the Forests
Commission specified for the purposes of this section by the
Minister is engaged on the construction or maintenance of any
works by the Commission, there shall be charged on the moneys
authorized for the carrying out of such works such sums as the
Minister determines are proper in the circumstances to be charged
for—
(a) renewals and replacements of such plant or
machinery; and
(b) costs of operating, maintaining and repairing such
plant or machinery and other expenses incidental
thereto.
(2) Any such charge may be determined on the basis of—
(a) a percentage of the cost of the purchase acquisition
or replacement of the plant or machinery; or
(b) the period or distance or amount of work for which
the plant or machinery is so engaged.
(3) Every sum so charged for the renewal or replacement of
any such plant or machinery shall be paid to the credit of a fund
to be kept in the Treasury and to be called the " Forests Plant
and Machinery Fund."
(4) Any moneys standing to the credit of the said fund to
the extent to which they are not immediately required may be
invested in such securities as are approved by the Treasurer of
Victoria and any interest derived therefrom shall be credited to
the said fund.
(5) Any moneys credited to the said fund—
(a) shall be available for the purpose of the renewal or
replacement of any plant or machinery which has
been specified by the Minister under sub-section
(1) of this section; and
(b) shall be used only upon the written sanction of the
Minister.
(6) Any item of any such plant or machinery not further
required may be disposed of and the proceeds thereof shall be
paid to the credit of the State Loans Repayment Fund except
where any such item has been purchased with moneys from the
Forests Plant and Machinery Fund in which case the proceeds of
disposal shall be paid to the credit of the Forests Plant and
Machinery Fund.
Books of
account.
No. 6073 S. 33.
Moneys
collected
to be paid to
public account.
33. (1) The Commission shall keep proper books of
account.
(2) All moneys payable under this Act shall be collected and
received for or on account of the Consolidated Revenue.
1958.
Forests.
No. 6254
289
(3) The provisions of any Act now or hereafter in force for Audit &c.
the collection and payment of the public moneys and the audit of
the public accounts shall apply to the Commission and to all
officers and persons acting under its control.
Reports, Minutes, &c.
34. (1) The Commission in addition to any other powers and
duties conferred or imposed upon it under this Act shall consider
and report to the Minister upon all questions and matters arising
out of or relating to—
(a) general forest policy;
(6) the efficient control disbursement and application of
all public moneys provided for the purposes of
this Act;
(c) the scales of rates to be fixed or prescribed from time
to time in respect of fees royalties dues and charges
for forest produce; and
(d) generally, all matters or things referred to the
Commission by the Minister for consideration and
report.
(2) The Commission may in any such report make any
recommendation it deems advisable.
c°rmj™sit°n
Minister on
matte'rs.
No 6073 s 34
- -
RecomconfrSonV
35. (1) As soon as may be after the thirtieth day of June in ^jp°£ and
each year the Commission shall cause to be prepared a report estimates tn
statements and estimates as follows:—
Amission.
(a) A report of its proceedings during the financial year N °- 6073s - 35 then last preceding with respect to—
(i) the demarcation of State forests by survey
including the character quality and
valuation of timber:
(ii) the renewal and improvement of State
forests:
(iii) working plans:
(iv) the protection of State forests from fire
animals pests and other causes of
damage:
(v) the planting and sowing of State forests:
(vi) the utilization development and marketing
of
forest
produce
(including
by-products): and
(vii) the training and instruction of persons
appointed
or
employed
by
the
Commission including cadets, trainees,
apprentices, workmen and labourers;
VOL. III.—10
290
1958.
Forests.
No. 6254
and setting forth the contracts entered into the
works carried on or completed and the
transactions generally of the Commission during
the year and such other matters as the Minister
from time to time requires to be reported on;
(b) A statement in the form and containing the
particulars prescribed of the moneys received and
disbursed by the Commission during the year;
(c) Estimates for the ensuing year of the principal forest
works proposed to be undertaken and of the moneys
likely to be required for carrying into effect the
provisions of this Act; and
{d) A statement with respect to such other matters as are
prescribed.
v 2) Such annual report statements and estimates shall be
laid before both Houses of Parliament in the month of October in
each year if Parliament is then sitting and if Parliament is not
then sitting then within fourteen days after the next meeting of
Parliament.
Provisions of
Fourth
Schedule
(meetings,
contracts
procedure <5c.)
incorporated.
No. 6073 s. 36.
Minutes of
proceedings of
Commission.
No. 6073 s. 37.
36. The provisions of the Fourth Schedule to this Act shall be
deemed and taken to be and
shall have the same force and effect
as if contained in this Act.(fl)
Minister to
have reports
&c. and
assistance of
officers and
employes
under the
Commission.
(2) The Commission shall furnish the Minister with all such
reports documents papers and minutes as are required by
Parliament pursuant to any Act or pursuant to any order of either
House of Parliament.
37. (1) The Commission shall keep minutes of all its
proceedings in such manner and form as the Governor in Council
from time to time directs and shall at the beginning of each week
cause to be submitted to the Minister a copy of all minutes kept
during the preceding week pursuant to this section.
(3) The Commission shall also furnish the Minister with full
information on all business of the Department to enable answers
to be made to all questions asked in Parliament concerning the
Department or to enable the Minister to furnish any returns
required by Parliament or which he himself requires.
(4) The Commission shall provide and maintain for the
Minister fit and convenient offices in the offices of the State Forests
Department, and shall furnish the Minister with such professional
clerical and other assistance as he requires.
(a) These provisions relate to meetings, contracts, seal, legal proceedings,
evidence, and protection to the commissioners and officers for acts bona fide done.
1958.
Forests.
No. 6254
291
(5) For the proper conduct of his public business the Minister
shall be entitled at all times to put himself into direct
communication with all branches of the Department and all officers
and employes under the Commission, and also to see all
documents papers and minutes which he requires either for
Parliament or himself and to be supplied with copies thereof, and
also to avail himself of the services and assistance of any officer or
employe.
Purchase or Taking of Lands.
38. (1) The Board of Land and Works may purchase by Power to
agreement or take compulsorily any land required for the purposes Jompuisortiy
of the Commission—
f^dfor"0'
- v ,
.
,
j ,
certain forest
(a) for securing ingress egress and regress to and from any purposes.
reserved or protected forest;
No.6073s.38.
(b) for the use maintenance or transmission of mechanical
hydraulic or electric power as a means of
transporting forest produce or for operating or
lighting any sawmill plant or machinery or other
industrial undertaking in a State forest; or
(c) for the construction of tramways roads or tracks in or
in the vicinity of any State forest—
to an extent not exceeding sixty-six feet in width over the whole
length of the land required for any such purpose.
(2) The Board of Land and Works may purchase by
agreement or take compulsorily any land required—
(a) for the due conservation and proper working of State
forests and plantations;
(b) for the protection of State forests and plantations from
sand-drifts upon such land; or
(c) for the prevention or minimizing of erosion by rivers
streams rain or wind of the soil of State forests or
plantations by the planting of such land with trees
or grasses or otherwise.
(3) For the purposes of this section the Lands Compensation Lands ati n
Act 1958 is hereby incorporated with this Act and so far as is %>™r"" °
consistent with the tenor hereof shall be construed as one with this incorporated.
Act and shall take effect with regard to all works and undertakings
for which under this section the said Board is authorized to
purchase or take land; and for the purposes of this section in the
construction of the Lands Compensation Act 1958 unless
inconsistent with the context or subject-matter—
" Special A c t " means this Act.
(4) For the purposes of this section unless inconsistent with Meaning of
the context or subject-matter "land" includes any land or any ihll^ction.
easement right term or privilege in over or affecting land.
292
1958.
Forests.
No. 6254
Tramways.
Lessee &c. of
forest
tramway to
permit other
lessees &c. to
transport
forest produce
thereby.
No. 6073 s. 39.
39. (1) Every lease licence permit or authority granted issued
or given—
(a) on or after the commencement of the Forests Act
1918; or
(b) before the said date and which is renewed on or after
the said date—
by under or pursuant to which any tramway in a State forest is
constructed and used or is used or the right to construct and use
or to use any such tramway is authorized or given shall contain
inter alia conditions to the effect that the lessee licensee or holder
of the permit or authority (as the case may be) and his assigns
shall, subject to the regulations and upon such conditions and at
such rates as the Governor in Council on the recommendation of
the Commission directs—
(i) permit the Commission or any other lessee licensee or
holder of a permit or authority under or pursuant
to this Act to transport forest produce obtained by
the Commission or the last-mentioned lessee
licensee or holder of a permit.or authority (as the
case may be) over such tramway from its
commencing point in the forest to its terminus
whether in the forest or at a road railway station
or siding outside the forest; and
(ii) when so required by the Commission or the said
last-mentioned lessee licensee or holder of a permit
or authority (as the case may be) transport any
such forest produce by the usual means of traction
employed in working the tramway to the said
terminus.
Application of
Part V. of
Tramways Act
as to private
tramways.
Subject to this section and section twenty-one of this Act Part
V. of the Tramways Act 1958 shall so far as applicable apply to
any such tramway.
Power of
Commission
to grant
permits with
respect to
forest
tramways.
(2) The Commission may subject to such terms and conditions
and to the payment of such fees royalties or charges as are
prescribed grant to any person occupied in obtaining utilizing or
converting forest produce in any part of Victoria a permit for any
term not exceeding one year in respect of the use of any tramway
constructed or purchased by the Commission under the powers
conferred by section twenty-one of this Act.
The provisions of the last preceding sub-section and of the
succeeding sub-sections of this section so far as applicable shali
apply to every such permit.
1958.
Forests.
No. 6254
(3) Notwithstanding anything in any Act when any tramway
or proposed tramway in any State forest or partly in any such
forest and partly on other Crown land or private land or any road
is used or proposed to be used wholly or partly for the transport
of forest produce every lease licence permit or authority (including
any delegation under the Tramways Act 1958 of any authority to
construct maintain and manage any tramway, and any assignment
of any such delegated authority) which pursuant to this Act or the
Tramways Act 1958 or any other Act is granted issued given or
made on or after the thirtieth day of December One thousand nine
hundred and twenty-seven or before the said date and which is
renewed on or after the said date by or under or pursuant to which
lease licence permit or authority such tramway is constructed and
used or is used or the right to con>truct and use or to use such
proposed tramway is authorized or given shall contain inter alia
conditions to the effect that the lessee or licensee or the holder of
the permit or authority or the delegatee or the assignee of a
delegatee (as the case may be) and his assigns shall in respect of—
(a) the safe and proper construction working and
maintenance of the tramway or proposed tramway;
(b) the transport thereon of—
(i) forest produce; or
(ii) any commodities whatsoever required for
sawmills, or for persons engaged or
employed in forest industries or carrying
on lawful businesses or callings in or in
the vicinity of State forests, or for
animals used in connexion with sawmills
or such industries or businesses, or for
any other prescribed purpose ;
(c) the time-tables used or to be used in the running of
vehicles thereon;
(d) the rates and charges for rights of user of such
tramway or proposed tramway with respect to the
transport of forest produce or any commodities
aforesaid; and
(e) the rates and charges in respect of the transport of
, forest produce or any commodities whatsoever for
or on behalf of lessees licensees or holders of
permits or authorities under this Act or persons
engaged or employed in forest industries or
carrying on lawful businesses or callings in or in
the vicinity of State forests—
be subject to this Act and the regulations thereunder.
293
Leases&c.of
throughys
private lands
fo^fproduce
condition" as
J° t ^ n ^
£h£,rtgc!c
294
1958.
Power to
make .
regulations.
(4) The Governor in Council may make regulations for or
with respect to—
(a) all or any of the matters or things referred to in
paragraphs (a) to (e) of the last preceding
sub-section of this section; and
(b) all or any other matters and things necessary or
convenient to be prescribed for carrying into effect
the objects of sub-sections (3) (4) and (5) of this
section:
Forests.
No. 6254
Provided that where under the Tramways Act 1958 and also
under sub-sections (3) (4) and (5) of this section matters or
things relating to the transport of commodities (other than forest
produce) to or from persons carrying on businesses or callings in
the vicinity of State forests or the like matters or things may be
dealt with by Orders in Council or regulations made under or
pursuant to the said Act and by regulations made under this section
it shall be the duty of the Chairman of the Commission and the
Secretary for Public Works, before any such Order in Council or
regulation is made, to confer with one another so as to secure so
far as practicable that Orders in Council and regulations made
under or pursuant to the said Act and regulations made under this
section with respect to such matters or things or the like matters or
things shall be uniform and consistent.
Power to
transport
forest produce
and certain
commodities
on tramways
under this
section.
Power to
make
regulations as
to classification grading
and naming
of Victorian
timbers &c.
No. 6073 s. 40.
(5) With respect to any tramway or proposed tramway
referred to in sub-sections (3) (4) and (5) of this section which
is used or proposed to be used for the transport of forest produce or
any commodities referred to in the said sub-sections the restrictions
mentioned in the proviso to section thirty-six of the Tramways Act
1958 shall be read and construed so as not to prevent any person or
company from using or proposing to use such tramway or proposed
tramway for the transport of forest produce or any such
commodities or from being paid the prescribed rates or charges in
respect of such transport in accordance with this Act and the
regulations under this section.
Naming, &c, Victorian Timber, &c.
40. (1) The Governor in Council may make regulations for
or with respect to the classification grading and naming for the
purposes of this Act of any timbers obtained from trees grown in
Victoria whether indigenous or not (hereinafter called " Victorian
timber ") and of any other forest produce.
(2) On any sale or in any contract for the sale of Victorian
timber of any kind or of any forest produce of any kind every
traeeto°namee' person who on or after a date to be proclaimed for the purpose
Victorian
timbers and
forest produce
grade Ac.
1958.
Forests.
No. 6254
by the Governor in Council by proclamation published in the
Government Gazette knowingly describes any such kind of timber
or forest produce—
(a) by any other name than the name prescribed as the
true name of such kind of timber or forest produce
by the regulations; or
(b) as being of any other class or grade of such kind of
timber or forest produce than the class or grade
prescribed by the regulations for timber or forest
produce of that kind of the same average quality—
shall be liable to a penalty of not more than Fifty pounds.
State Forests.
41. Notwithstanding anything contained in the Land Act state forest
1958 it shall not be lawful for the Governor in Council by to be dealt
virtue of the said Act at any time to increase or diminish the SVSc"
area of any State forest reserve or timber reserve or to grant No. «ros.«.
a right to occupy as a residence area or a lease or licence of or
in respect of any Crown land within any reserved forest.
42. (1) Subject to any adjustment of boundaries made as Permanent
hereinafter provided and subject to any excisions made under N^wmT^
any repealed Act all unoccupied Crown land within the areas
mentioned in the Second Schedule to this Act and all land 1^°"^
already dedicated as permanent forests or dedicated as permanent
forests as hereinafter provided shall be permanent forests.
(2) A permanent forest or any part thereof shall not be
alienated either wholly or in part for any estate in fee simple
or for any lesser estate save as hereinafter expressly provided.
(3) Every conveyance and alienation of a permanent forest
or any part thereof in contravention of this section shall be
absolutely void as well against Her Majesty as against all other
persons whomsoever.
(4) Except under and pursuant to this Act no lease or licence
or permit or authority (other than for mining purposes) shall be
granted or issued over or in respect of any permanent forest.
(5) For the purposes of this and the next succeeding section
Crown land shall be deemed to be unoccupied notwithstanding
that a grazing licence has either before or after the commencement
of this Act been granted by the Governor in Council in respect
of the whole or any part thereof.
296
1958.
Forests.
Power to
excise lands
required for
springs
beauty spots
townships
schools Ac-
(6) The Governor in Council may at any time on the joint
recommendation of the Minister of Lands the Minister of Forests
and the Minister of Mines excise either temporarily or permanently
from any permanent forest any portion thereof which is required
for public use as mineral or medicinal springs, or for reservation
for visitors to any waterfalls, caves, or places of natural beauty
or interest or as health resorts or for sites for townships or for
State schools, or for providing roads and means of access thereto
or for irrigation purposes or water supply purposes. Any land
so excised for water supply purposes may be vested by the
Governor in Council (subject to such terms conditions and
reservations as he may think fit) in any Authority as defined
in section three of the Water Act 1958, or in any corporate body
now or hereafter to be created by Parliament to construct manage
and control waterworks.
No. 6254
(7) No Order in Council may be made under the preceding
sub-section until a copy of such proposed order has been
published in the Government Gazette and been laid before
Parliament for at least one month, and until a copy of such
proposed order has been forwarded to each member of Parliament.
Power to
acquire
alienated land
&c. by
exchange.
(8) Notwithstanding anything in this section the Governor in
Council may acquire by exchange of land dedicated as a
permanent forest—
(a) any alienated land or any Crown land licensed or
leased with an inchoate right of purchase; or
(b) any land, public or private, and whether vested in
trustees or otherwise—
and may by order published in the Government Gazette dedicate
the same as a permanent forest.
Certain lands
in permanent
forests &c.
deemed to be
unoccupied
Crown lands
for certain
purposes
although
occupied as
residence
areas &c.
(9) For the purposes of this and the next succeeding section
and of dedication of areas of unoccupied mountainous Crown
lands pursuant to this Act, Crown land shall be deemed to be
unoccupied notwithstanding that—
(a) (whether before or after the commencement of this
Act) such land or any part thereof has been under
the Mines Act 1958 or any corresponding previous
enactment or under Division eleven of Part I. of the
Land Act 1958 or any corresponding previous
enactment—
(i) registered or granted as a residence area; or
(ii) occupied as a residence area or under a
business licence; or
(b) after the commencement of the Forests Act 1907 a
lease or licence of or a permit in respect of such
land or any part thereof has been granted pursuant
to section fifty-one or section fifty-two of this Act
or any corresponding previous enactment.
1958.
Forests.
No. 6254
297
43. (1) Subject to any adjustment of boundaries made as
hereinafter provided all unoccupied Crown land within the areas
mentioned in the Third Schedule to this Act shall be timber
reserves.
(2) No timber reserve shall be reduced in area or abolished
or alienated either wholly or in part for any estate in fee simple
or for any lesser estate save as hereinafter expressly provided.
(3) No lease or licence (other than for mining purposes)
shall be granted or issued over or in respect of any timber reserve
except under and pursuant to this Act.
Timber
^ a m s 43
Third
schedule.
44. (1) Whenever the Minister after considering any
recommendation of the Commission on the matter is of opinion
that it is expedient that any timber reserve should be reduced in
area or abolished or alienated either wholly or in part, he may
cause a notification of the proposed reduction of area or abolition
or alienation (as the case may be) to be published in four
consecutive weekly issues of the Government Gazette and also
in two consecutive issues of some newspaper circulating in the
neighbourhood wherein such reserve is situate.
(2) After the publication of such a notification the Minister
may submit to Parliament a resolution affirming that it is desirable
that such reserve should be reduced in area or abolished or
alienated wholly or in part (as the case may be).
(3) If both Houses of Parliament pass such a resolution the
land to which such resolution applies shall on notice of such
resolution having been passed being published in the Government
Gazette be deemed to be and may be dealt with as unoccupied
Crown land.
Reduction of
area of timber
reserve.
No. 6073 s. 44.
Resolution by
Parliament for
reduction of
timber reserve.
Effect of
resolution by
both Houses.
45. (1) The Governor in Council may on the joint Future
ot
recommendation of the Minister of Forests and the Minister of dedication
additional
land for forest
Lands at any time by order published in the Government Gazette or
timber
dedicate either as a permanent forest or as a timber reserve any reserve.
area of Crown land including an area which has been theretofore No. 6073 s. 45.
a timber reserve. Any such area which has been a timber reserve
shall after being so dedicated be a permanent forest and not a
timber reserve.
(2) Without prejudice to the powers contained in the last Unoccupied
preceding sub-section the Governor in Council may subject to watershed
areas suitable
dedication
this Act upon the joint recommendation of the responsible for
as permanent
Ministers of the Crown for the time' being administering the forests.
Departments of Forests, Crown Lands and Survey, Water Supply
and Mines and after the publication of notice of intention to
dedicate the same as provided in the next succeeding sub-section
dedicate as permanent forests all or any of the areas of unoccupied
mountainous Crown lands forming the upper watersheds of
permanent streams within Victoria.
298
1958.
Notice of
intention to
dedicate.
No. 6073 s. 46.
46. Before any land is so dedicated notice of intention to
dedicate the same shall be published in four consecutive weekly
issues of the Government Gazette and in two consecutive issues
of some newspaper circulating in the neighbourhood wherein
such land is situate.
Power to
acquire land
for forests.
No. 6073 s. 47.
47. The Governor in Council may acquire by exchange or
if so authorized by Parliament may acquire by purchase or
resumption or otherwise any alienated land or any land licensed
or leased with an inchoate right of purchase and may by Order
published in the Government Gazette dedicate the same either as
a permanent forest or as a timber reserve.
Power to
acquire
private land
tor forests.
No. 6073 s. 48.
48. (1) Notwithstanding anything contained in the last
preceding section or in any Act the Governor in Council may
without further or other authority than this Act purchase for
the Crown any land which at any time is required by the
Department for the purposes of this Act, whether such land is
alienated from the Crown or is land held under a licence or
lease from the Crown with an inchoate right of purchase and
may by Order published in the Government Gazette dedicate the
same either as a permanent forest or as a timber reserve. Not
more than One hundred thousand pounds shall be expended
under this sub-section in any one financial year without the
express sanction of Parliament.
(2) Notwithstanding anything in this or the last preceding
section an Order in Council for the acquisition of land by
exchange under the last preceding section or for the purchase
of any land for the Crown under this section shall not be made
unless on the recommendation of the Forests Commission after
consultation with the Minister of Lands.
Recommendation ol
Forests
Commission
after
consultation
with Minister
of Lands
necessaiy for
certain
exchanges and
purchases of
land.
Power to
exchange
forest lands
for
unoccupied
Crown lands.
No. 6073 s. 49.
Forests.
No. 6254
49. (1) Notwithstanding anything in the Land Act 1958
or this Act—
(a) on the joint application of the Minister of Forests
and the Minister of Lands; or
(6) when the same Minister of the Crown holds both
offices, on the application of that Minister—
after, in the latter case, reference in writing to and consultation
with the Forests Commission, and in both cases after reference
in writing to and consultation with the Minister or Ministers of
the Crown for the time being administering the Mines Department
and the Water Supply Department and any other Department
or Departments concerned, the Governor in Council by Order
made without the special authority of an Act of Parliament other
than this Act may authorize, in exchange for any unoccupied
1958.
Forests.
No. ,6254
2W
Crown land described in the Order, the excision of! any area of
land described in the Order permanently from any reserved
forest; and a copy of every such Order shall be published in the
Government Gazette.
.•
(2) No such Order shall be made unless—
SecedSto
(a) the Board of Land and Works and the Commission for exchange.
certify that the proposed exchange is desirable in
the public interest; or
(b) (where the said Board and the Commission or either
of them fail or fails to so certify within three
months after being requested in writing by the
Minister of Lands and the Minister of Forests or,
where the same Minister of the Crown holds both
offices, by that Minister, so to do) the proposed
exchange is approved by resolution of both Houses
of Parliament.
(3) On the fourteenth day after the publication of the copy pxcisl
"| ^f
e n
of any such Order in the Government Gazette, such Order shall a°ddedication
come into force, whereupon—
as perman?nt
(a) the area of land therein described in the reserved forest.
forest shall on a date to be specified in such Order
be excised from the reserved forest as if it had
been excised therefrom by Act of Parliament and
thereupon the said area of land shall be deemed
to be and may be dealt with as unoccupied Crown
land;and
(b) the unoccupied Crown land described in the said
Order for which the land in the reserved forest
is exchanged shall on the said specified date by
virtue of this section be deemed to be dedicated as
a permanent forest within the meaning of this
Act.
50. (1) The Minister on the recommendation of the
Commission may appoint any number of persons not less than
three to be a committee of management of any land forming
part of any reserved forest such land being a place of natural
beauty or interest or a health resort and may remove any of such
persons.
(2) The Governor in Council may make rules and regulations
_ j <•„
in-regard to—
(a) the care protection and management of such land
by the committee;
(b) the preservation of good order and decency therein;
v
'
j
and
J
Appointment
of manage-
S^SiS*
foresTs.d
No. «ra s. so.
Power to
Governor in
council to
a"nde
[hfcon'S™for
management
of such lands.
300
1958.
Forests.
No. 6254
(c) the collection and receipt of tolls entrance fees or
other charges for entering in or upon such land
or any specified part or parts thereof—
and may by such rules and regulations extend and apply for
the purposes of this section and the rules and regulations
thereunder the provisions of sub-sections (2) (3) (4) and (5)
of section two hundred and nineteen and section two hundred and
twenty-two of the Land Act 1958 with such alterations
substitutions additions omissions and modifications as are necessary
or expedient for the purpose of carrying out the objects of this
section.
Leases of land
in reserved
forests.
No. 6073 s. 51.
Licences and
permits with
respect to
forests.
No. 6073 s. 52.
In reserved
forest.
Leases and Licences.
51. Subject to such covenants terms and conditions and to the
payment of such rent royalty or fees as he determines the
Governor in Council may grant to any person for any term not
exceeding twelve years a lease of any Crown land within any
reserved forest—
of any area for the grazing of cattle;
(b) of such area (not exceeding seven thousand acres) for
saw-milling purposes as on the recommendation
of the Commission the Governor in Council by
Order determines; or
(c) for any purpose and area for which a lease may be
granted under Division nine of Part I. of the Land
Act 1958.
52. (1) Subject to such covenants terms and conditions as
are prescribed and to such additional covenants terms and
conditions as the Commission thinks proper to impose in any
particular case and subject also to the payment of such rent
fees royalties or charges as the Commission determines the
Commission or any person authorized by it in that behalf may
grant to any person for any term not exceeding three years—
(a) a licence of or permit with respect to any Crown land
within any reserved forest—
(i) of any area for the grazing of cattle;
(ii) to occupy a special area not exceeding five
thousand acres for the exclusive cutting
of timber;
(iii) to thin out and remove trees;
(iv) to cut dig and take away any specified forest
produce;
(v) to occupy for residence an area not
exceeding one acre;
1958.
Forests.
No. 6254
301
(vi) for any of the purposes for which a licence
may be granted under subdivision two
of Division nine of Part I. of the Land
Act 1958; or
(vii) for any other purpose whatsoever relating
to or connected with a State forest or
forest produce; or
(b) a licence or permit to enter upon any protected forest in protected
forest
to cut dig and take away forest produce.
(2) Notwithstanding anything in the Land Act 1958 no
licence with respect to any land within any protected forest for
die forming and maintaining of a tramway in connexion with a
sawmill or for a site for a sawmill shall be granted except by
the Commission after reference in writing to and consultation
with the Secretary for Lands.
(3) No permit or licence granted under this Act shall be
transferable except with the authority in writing of the Commission
or of a forest officer authorized in that behalf by the Commission.
(4) Any holder of a licence granted under this section who
rails to comply with the prescribed covenants terms and conditions
relating to his licence shall be guilty of an offence against this
Act.
53. (1) Before any lease under paragraphs (b) or (c) of Power1to
.
certa,n
section fifty-one of this Act or any licence or permit under feas™
r
sub-paragraphs (ii) (iii) (iv) (vi) or (vii) of paragraph (a) pa ul"St°o
nor
or under paragraph (b) of section fifty-two hereof is granted, the t e n"e°r
right to such lease, if the Commission so recommends, or (as NO. 60735.53.
the case may be) the right to such licence or permit may be
offered, subject to the regulations, for sale by auction or by
tender and the rental of the said lease and the royalties dues or
charges payable with respect to forest produce by the holder
of the said lease licence or permit shall in that case be fixed thereby.
(2) For the purposes of this Act royalty on timber may be Mode ngor
assessed, as the Commission thinks fit, on timber standing or in ?oy"ty
the log or on the quantity of merchantable timber produced after on timberconversion from the log at a sawmill.
(3) The contents of timber cut for milling purposes and
measured in the log shall be calculated on the quarter girth
system or such other system as is prescribed.
54. Every lease of any area for saw-milling purposes and lease &c.
every licence or permit to occupy a special area for the exclusive to timber1
cutting of timber or to thin out and remove trees or to cut and condiX *•=
take away timber may contain a covenant or condition in the agSTos™
prescribed form to insure in the name of the Commission, when before&co f
required by the Commission, against loss by fire or otherwise J ^ S
any timber upon which on the removal thereof from a State pfeonm
forest any royalties dues or charges may be payable to the ^TemTU
302
1958.
Forests.
No. 6254
Commission, and the amount of such insurance shall be at least
sufficient to cover the royalties dues and charges estimated by
the Commission to be so payable on such timber.
NO com5 5 . Upon the expiration of the term of any lease licence or
SSrovSnfeStl permit under this Act or any corresponding previous enactment
NO. 6073 s. 55. no compensation for any improvements upon the land comprised
therein shall be payable by the Crown to the outgoing lessee
licensee or grantee of such permit. Such lessee or licensee or
grantee of such permit unless otherwise provided in his lease or
licence or permit shall be entitled to remove any fences or
buildings erected by him or to dispose of them to any incoming
tenant or grantee of a permit.
Power to
assign or
sublet leased
land.
No. 6073 s. 56.
5 6 . Subject to regulations under this Act the lessee of any
land under this Act or any corresponding previous enactment
may on the recommendation of the Commission and with the
consent in writing of the Minister assign the whole or any part
of any land held by him under his lease or sublet such land or
transfer his right title and interest therein.
Restriction of
rights of
lessees and
licensees.
No. 6073 s. 57.
5 7 . The holder of a lease or licence of or grantee of a
permit with respect to any land under this Act or any corresponding
previous enactment shall not fell cut destroy injure or remove any
tree or timber on such land unless expressly authorized by his
lease licence or permit so to do and then only in accordance
with such authorization.
Protected
Proclamation
of protected
forests.
No. 6073 s. 58.
Publication of
proclamation.
Forest
produce in
protected
forest subject
to Forests
Department.
Forests.
5 8 . ( 1 ) The Minister of Lands may at any time proclaim
any unoccupied Crown land to be a protected forest and may at
any time alter or revoke any such proclamation.
(2) Such proclamation or alteration or revocation shall have
no force or effect until published in the Government Gazette.
(3) All forest produce in a protected forest shall, subject to
any leases or licences of any land therein granted under any
Act relating to Crown lands, be under the control and management
of the Department. In every other respect except as otherwise
provided all Crown land within a protected forest shall be subject
to the control of the Minister of Lands in accordance with the
Land Act 1958.
(4) (a) Any specified area of a protected forest may by
Order of the Governor in Council on the joint recommendation of
the Minister of Lands and the Minister of Forests be placed under
the administration control and management of the Department for
a specified period.
1958.
Forests.
N o . 6254
(b) During such period the Department shall have the control
and management of and be responsible for the forest produce in
such specified area.
(c) In every other respect except as otherwise provided all
Crown land within such area shall be subject to the control of the
Minister of Lands in accordance with the Land Act 1958.
(d) The Governor in Council on the joint recommendation of
the Minister of Lands and the Minister of Forests may at any time
revoke either wholly or partly any Order made under this
sub-section.
(5) In this section and any corresponding previous enactment
and in any proclamation or declaration made under this section or
any corresponding previous enactment any reference to unoccupied
Crown land shall be deemed to include and always to have included
a reference to Crown lands in respect of which any grazing licence
has or had been granted pursuant to Division eight of Part I. of
the Land Act 1958 or any corresponding previous enactment.
303
As to
declaration of
unoccupied
Crown land
as protected
forest.
59. (1) No person shall fell girdle ringbark injure destroy or protected
remove any growing tree or any timber in any protected forest projected
forests
without a permit in writing from the Commission or from some No
forest officer duly authorized by the Commission to give such -6073s-59permits.
(2) Nothing in this section shall prohibit any person in
authorized occupation under any Act relating to Crown lands
under any lease or licence of or any permit with respect to any
area of protected forest from using in accordance with his lease
licence or permit any timber which is necessary for fencing such
area or for the domestic use of such person and the members of
his household.
(3) In any proceedings for a contravention of this section any
.place in which such contravention is alleged to have been
committed shall be deemed to be a protected forest until the
contrary is shown.
60. The Governor in Council may by order published in the Reserved trees
•Government Gazette declare that any tree or kind or class of trees fores?.!!5'*6'1
growing in any forest and mentioned in such order shall be a NO.6073S.6O
reserved tree or reserved kind or class of trees.
6 1 . Every person who fells cuts destroys injures or removes Penalty for
any tree which is so reserved or which belongs to any kind or class res'ervla trees,
of trees so reserved in any forest shall be guilty of an offence No.eo73s.6i.
against this Act. In any proceedings for a contravention of this
section any tree or kind or class of trees in respect of which such
contravention is alleged to have taken place shall be deemed to be
(as the case may b e ) a reserved tree or a reserved kind or class
of tree until the contrary is shown.
301
1958.
No. 6254
Forests.
Prevention of and Protection from
Fire.M
cummLi n
^" ** s ^ a ^ ^e ^ ^ u t y °^ ^ Commission to carry out in every
tocarryout"
State forest proper a n d sufficient work for fire prevention and
fire prevention „__ 4 .,-.i
work.
control.
No. 6073 s. 62.
Ructions
6 3 . ( i ) Every person who in any State forest o r national
&c. fires in
certain areas,.
park
No. 6073 s. 63.
( a ) without being thereunto authorized in writing b y a
forest officer or directed by a forest officer o r except
as prescribed lights kindles or maintains or
knowingly or negligently causes to be lit kindled or
maintained any fire in the open air;
(b) does not observe all reasonable precautions to prevent
the spread of and damage by anyfirelit kindled or
maintained by him or to his knowledge by his agent
or employe; or
(c) leaves any fire lit kindled or maintained by him or to
his knowledge by his agent or employe or otherwise
without previously taking all reasonable precautions
to prevent it spreading or causing injury—
shall be liable to a penalty of not more than Two hundred pounds
or to imprisonment for a term of not more than two years or to
both such penalty and imprisonment.
r
(2) Every person who in any fire protected area, not being a
State forest or a national park—
(a) during the prohibited period lights kindles or
maintains or knowingly or negligently causes to be
lit kindled or maintained any fire in the open air
without being thereunto authorized in writing by a
forest officer or directed by a forest officer or except
as prescribed;
(b) at any time does not observe all reasonable
precautions to prevent the spread of and damage
by any fire lit kindled or maintained by him or to
his knowledge by his agent or employe; or
(c) at any time leaves any fire lit kindled or maintained by
him or to his knowledge by his agent or employe or
otherwise without previously taking all reasonable
precautions to prevent it spreading or causing
injury—
shall be liable to a penalty of not more than One hundred pounds
or to imprisonment for a term of not more than one year or to both
such penalty and imprisonment.
(a) See also the Country Fire Authority Act 1958.
1958.
Forests.
No. 6254
(3) Where any forest officer or any member of the police
force directs the owner or occupier of or person residing on and
having charge and control of any private land (including any
Crown land leased with an inchoate right of purchase) within two
miles of the boundary of any State forest or national park—
(a) to extinguish any fire on such land ; or
(b) to take such steps as the forest officer or member of the
police force directs to extinguish such fire or
prevent the same from spreading or causing
injury—
such owner occupier or person (whether or not he has been
authorized or directed by a forest officer to light kindle or maintain
such fire and whether or not such fire was lit kindled or maintained
in accordance with this Act or the regulations or any other Act
or any permit or direction granted or given pursuant to any
other Act) shall forthwith extinguish such fire or take such
steps accordingly.
(4) Every such owner occupier or person when so directed as
aforesaid—
(a) who fails neglects or refuses to extinguish such fire
forthwith or to take forthwith such steps as
aforesaid; or
(b) who purports to carry out such directions but does
so in such a manner that the fire is not extinguished
and breaks out or is likely to break out
subsequently—
shall be liable to a penalty of not more than One hundred pounds
or to imprisonment for a term of not more than one year or to
both such penalty and imprisonment.
(5) A reward of not more than Fifty pounds may be paid
by the Commission with the approval of the Minister to any
person (not being a member of the police force or a forest officer
or an officer of or person employed in the Department) who
gives such information as leads to a conviction under this section.
(6) (a) Any forest officer or any member of the police force
may (with or without warrant) with any assistance he requires
take into custody any person who is found offending against
any of the provisions of this section and who refuses to give
his name or address when called upon to do so by a forest
officer or member of the police force.
(b) Such person shall be taken before the nearest justice of
the peace to be dealt with according to law.
(c) Every such person found offending as aforesaid who
gives a false name or address when called upon to give his
name or address shall be guilty of an offence against this Act.
306
1958.
Forests.
N o . 6254
( 7 ) Any person who is convicted of an offence against this
section may on conviction in addition be ordered by the court
to pay to the Crown in respect of any damage or injury and the
costs of fire suppression occasioned or caused by the commission
of such offence such amount as is fixed by the court after taking
the evidence on oath of a forest officer as to the nature and
extent of such damage or injury and fire suppression, and in
default of payment of such amount the same may be recovered
by the informant in the same manner as the penalty may be
recovered.
Absolute
SSo'fblirenof
nKdan^t
exists.
No. 6073 8. 64.
6 4 . ( 1 ) Whenever the Commission reports to the Minister
that a condition of acute fire danger exists or is likely to exist
m an
y fire protected area or part of a fire protected area the
Minister may by notice—
J
(a) prohibit absolutely the use of fire in the open air in
any such fire protected area or part of a fire
protected area (as the case may be); and
(b) suspend any or all leases licences permits
registrations or authorities granted under this Act
for the felling conversion or removal of forest
produce in so far as the same are operative in any
such fire protected area or part of a fire protected
area (as the case may be)—
for such period ss is specified in such notice.
(2) Every person who contrary to the provisions of any such
notice during the period to which such notice relates—
(a) lights kindles or maintains or knowingly or negligently
causes or permits to be lit kindled or maintained
any fire in the open air in any fire protected area
or part of a fire protected area (as th. case may
be) to which such notice relates; or
(b) fells converts or removes forest produce in or from
any such fire protected area or part of a fire
protected area (as the case may be)—
shall be liable to a penalty of not more than Two hundred
pounds or to imprisonment for a term of not more than two years
or to both such penalty and imprisonment.
(3) Every notice under sub-section (1) of this section—
(a) shall be published either—
(i) in some newspaper or newspapers generally
circulating in the locality to which the
notice relates; or
(ii) by means of a broadcast from a broadcasting
station in the State of Victoria—
but may be published in both such ways;
1958.
Forests.
No. 6254
307
(b) may be revoked amended or varied by a subsequent
notice published as aforesaid; and
(c) shall subject to any amendment or variation thereof
remain in operation, unless revoked, until the
expiration of the period to which it relates:
Provided that the revocation or expiration of any such notice
shall not affect the previous operation of this section or of such
notice or of anything duly done or suffered thereunder or any
liability incurred thereunder or any penalty or punishment imposed
in respect of any offence committed thereunder or any legal
proceeding in respect of any such liability penalty or punishment
aforesaid, and any such legal proceeding may be instituted
continued or enforced and any such penalty or punishment
may be imposed as if such notice had not been revoked or had
not expired.
(4) (a) The Minister may from time to time by notice
published in the Government Gazette specify the names of forest
officers for the purposes of this sub-section; and every forest
officer so specified shall thereupon be authorized, in any case
where he is of opinion that a condition of acute fire danger
exists in any district under his control, by notice to direct any
person who is engaged within any fire protected area in any
of the operations of felling logging snigging skidding sledging
or other like operation or in the operation of driving any steam
engine or steam locomotive, to suspend or cause to be suspended
all or any of such operations until such time as such suspension
is revoked by such officer by a like notice.
(b) Notice for the purpose of this sub-section may be given
by any such forest officer—
(i) by writing signed by such officer and delivered to
the person to whom it is directed or to any manager
of such person or other person in charge of or
engaged in the conduct of such operation; or
(ii) by telephone or radiophone message to any of the
said persons.
(c) Any person who contravenes or fails to comply with any
such direction given as aforesaid shall be liable to a penalty of
not more than Two hundred pounds or to imprisonment for a
term of not more than two years or to both such penalty and
imprisonment.
(d) The provisions of this sub-section shall be read and
construed as in aid of and not in derogation from the provisions
of the other sub-sections of this section.
Power to
authorize
fSresfcmcers
suspension<otf
jj**j^
2*j5eflf£ute
danger.
Forests.
No. 6254
308
1958.
Prima facte
evidence of
publication of
notice by
means of
broadcast.
(5) In any proceedings for an offence against sub-section (2)
of this section a certificate signed by the Secretary to the
Commission to the effect that a notice was published by means of
a broadcast pursuant to sub-section (3) of this section shall be
prima facie evidence of the facts set out therein.
Enforcement
of burning
off &c. near
State forest
or national
park.
No. 6073 s. 65.
65. (1) Where the Commission deems it necessary so to do
for the prevention of fire it may in writing direct any owner or
occupier or person or body of persons having the control or
management of any land within one mile of the boundary of any
State forest or national park—
(a) to burn or otherwise destroy any inflammable material
on such land;
(b) where the Commission within the State forest or
national park and adjoining any such land has
carried out or is carrying out any work for fire
prevention or control—to oarry out on such land
adjoining and within fifty yards of the boundary
of the State forest or national park similar work
for fire prevention or control as directed by the
Commission.
(2) The Commission may aid and co-operate with any such
owner occupier person or body in carrying out any such burning
destruction or work where the Commission deems it necessary and
desirable so to do.
(3) If any such owner occupier person or body fails or
neglects to comply with any direction under this section—
(a) such owner occupier or person or the members
of such body shall be guilty of an offence against
this Act; and
(6) the Commission may cause to be carried out the
burning destruction or work directed to be carried
out.
(4) Where any such land is unoccupied and the owner thereof
is unknown or cannot be promptly found the Commission may
cause to be carried out the burning destruction or work directed
to be carried out.
(5) Where the Commission causes any burning destruction
or work to be carried out pursuant to this section—
(a) the Commission may recover the costs thereof in any
court of competent jurisdiction from any owner or
occupier of such land;
{b) in the case of land other than Crown land, until paid
or recovered such costs shall be and remain a
charge on the land and if not paid within six
1958.
Forests.
No. 6254
309
months after demand such costs shall bear interest
at the rate of Six per centum per annum from
the date of demand;
(c) where any land is so charged the Commission shall
furnish to the Registrar of Titles or the
Registrar-General (as the case may be) a certificate
of charge under the hand of the Secretary of the
Commission describing the land charged and
setting out particulars of the title or memorial
relating thereto and stating that there are costs
payable under this section in respect thereof, and—
(i) where such land is under the Transfer of
Land Act 1958, the Registrar of Titles
shall register such charge;
(ii) where such land is not under the Transfer
of Land Act 1958, the Registrar-General
shall cause to be endorsed on the said
memorial a memorandum of the deposit
of such certificate and of the amount
of such charge—
and when the amount set out in such certificate
together with any interest is paid the Registrar of
Titles or the Registrar-General (as the case may
be) shall, on lodgment or deposit with him of a
certificate of discharge under the hand of the
Secretary of the Commission, register such discharge
or (as the case requires) cause to be endorsed
on the relevant memorial a notification of such
discharge; and
(d) until any such costs together with any interest are
paid no sale or transfer of the land on which the
same are charged shall be made or registered.
(6) Nothing in this section shall apply with respect to any
land vested in or under the control of the Melbourne and
Metropolitan Board of Works.
66. Any person who in any fire protected area during the
prohibited period for the purpose of causing any fire and with
intent thereby to injure any forest produce or any property puts or
places any match or inflammable material or combustible substance
matter or thing in such a position that—
(a) a fire is likely to be caused; or
Racing
™Kafore
of e cSf
fire&cN 6073 s 66
°'
' -
310
1958.
Forests.
No. 6254
(b) the match material substance matter or thing may be
ignited exploded or set on fire either from the
action of the sun's rays or by friction or by any
other means whatsoever—
shall whether such fire is caused or not be guilty of felony and
being convicted thereof shall be liable to imprisonment for a term
of not more than ten years.
Duty to
prevent
spread of fire
Ac.
No. 6073 s. 67,
67. (1) Every person who finds any fire burning in any fire
protected area during any period when there is danger of the
spread of fire shall do everything that is reasonably within his
power to prevent such fire from spreading and shall as soon
as practicable report the existence of such fire to the nearest
forest officer or member of the police force.
(2) When any fire is unlawfully burning on any land in any
fire protected area during the prohibited period the occupier of
such land shall take all reasonable measures at his own expense
to extinguish such fire and shall as soon as practicable report
the existence of such fire to the nearest forest officer or member
of the police force.
(3) Every person who holds a lease licence permit or authority
under this Act or is employed by any person holding any such
lease licence permit or authority or is employed by the State of
Victoria shall furnish as soon as practicable to the nearest forest
officer or member of the police force any information he may
possess regarding any outbreak of fire during the prohibited
period in any fire protected area.
Power to
Commission
to require
clearings to
be made
around
dwellings Ac.
in forests.
No. 6073 s. 68.
68. (1) Any person conducting any industrial operation in
any fire protected area shall, upon being required so to do by
notice in writing by the Commission, within the period specified
in such notice—
(a) clear such inflammable material for such distance as
any forest officer directs from around any residence
dwelling hut or other building used by such person
or any employe of such person; and
(b) carry out such preventive burning as is required by
any forest officer.
(2) Where any person on receipt of any such notice fails to
comply with the requirements thereof within the period specified
therein—
(a) such person shall be guilty of an offence against this
Act; and
1958.
Forests.
No. 6254
311
(b) the Commission may carry out any clearing or burning
required by the notice to be carried out and recover
the cost thereof from such person in any court
of competent jurisdiction.
69. (1) The Commission by notice in writing—
Provision of
, ,
.
,
.
,
dugouts &c
(a) may require any person who is conducting any Nformms.
industrial operations in any State forest or carrying o - e m *mon the business of logging lumbering sawmilling
or other prescribed class of business operations
in any fire protected area ; and
(b) shall if in the opinion of the Commission lives may
be endangered by fire require any person who is
conducting any industrial operations in any State
forest or carrying on the business of logging
lumbering sawmilling or other prescribed class of
business operations in any part of a fire protected
area—
to construct or provide dugouts shelters safety zones or other
works, sufficient to afford protection from fire to all persons
employed at or in connexion with such operations together with
all members of their families living in the vicinity, within such
time and in accordance with such plans designs and specifications
as are specified in the notice or otherwise prescribed.
(2) If any person is by any such notice required to construct
or provide any works and fails to construct or provide the same
to the satisfaction of the Commission within the time specified in
the notice he shall be guilty of an offence against this Act and the
•Commission shall forthwith after the expiration of such time
suspend all registrations leases licences permits allotments and
any other rights whatsoever enjoyed by such person under this
Act.
(3) No such suspension shall be revoked by the Commission
except by the express direction of the Minister after having
been notified by the Commission that the works originally required
1o be constructed or provided have been constructed or provided
to the satisfaction of the Commission.
(4) If any such suspension is not revoked within six months
all registrations leases licences permits allotments and other rights
•whatsoever enjoyed by such person under this Act prior to such
suspension shall automatically be absolutely and irrevocably
forfeited.
70. (1) None of the fire prevention provisions of this Act
shall derogate from any other of the fire prevention provisions
of this Act or from any penal provisions of any other Act or
enactment relating to fires or the careless negligent or criminal
ruse of
fire.
ProVuions0
off^eV
"gJjJSifiJf
provisions,
No.6073S.79.
312
1958.
Forests.
No. 6254
(2) Without affecting the generality of the provisions of this
Act as to prosecutions for any offence,(a) any prosecution for
an offence against the fire prevention provisions of this Act may be
brought—
(a) by any member of the police force or any forest
officer; or
(b) by any officer of the Department or other person
appointed by the Chairman of the Commission in
writing under his hand for that purpose.
(3) In any information before a court of petty sessions for
any offence against the fire prevention provisions of this Act
the court shall consist of a stipendiary magistrate sitting alone.
(4) In this section "fire prevention provisions of this Act"
means—
(a) sections sixty-three to sixty-nine of this Act; and
(b) any regulations under any of the said sections or under
paragraphs (13) (16) (17) (29) or (30) of
section ninety-nine of this Act.
Liability of
Commission
for damage
caused by lire.
No. 6073 s. 71.
71. (1) The Commission shall be liable for any damage
caused by any fire which was lit kindled or maintained by or on
behalf of the Commission or any forest officer and which was
negligently permitted to spread.
(2) Where any person incurs any liability in consequence
of damage caused by any fire lit kindled or maintained by such
person on the direction of the Commission or of any forest officer
the Commission shall indemnify such person from such liability if
such person—
(a) obeyed and complied with the regulations and all
directions of the Commission and of any forest
officer with respect to such fire; and
(b) did not cause or permit the spread of such fire by
any wilful or negligent act or omission.
Registration
of sawmills
operating in
fire protected
areas.
No. 6073 s. 72.
72. (1) The Commission shall as prescribed prepare and
maintain a register of all sawmills operating in any fire protected
area.
(2) No person shall conduct any milling operations at any
sawmill in a fire protected area unless such sawmill is registered
as prescribed.
(3) The Commission on application in that behalf being made
to it in the prescribed manner and on payment of the prescribed
fee—
(a) may register any sawmill in a fire protected area;
(a) See section 78.
1958.
Forests.
No. 6254
313
(b) shall renew the registration of any registered sawmill
unless any person conducting milling operations
thereat has been convicted of an offence against
this Act or any corresponding previous enactment
and the Commission considers the registration
should not be renewed.
(4) Subject to this Act the registration or renewal of
registration of any sawmill shall expire on the thirtieth day of June
next after it takes effect.
Maps.
73. (1) Maps showing any land excised from or added to any Deposit of
State forest by the Governor in Council or any alteration of the alterations in8
forests.
boundaries of any State forest shall within one month of the No.
6073 s. 73.
making of any such excision or addition or alteration be sealed
with the seal of the Board of Land and Works and deposited with
the Clerk of the Parliaments:
Provided that if the Governor in Council is satisfied that any
such map was, through inadvertence or any unavoidable
circumstance, not sealed and deposited as aforesaid within one
month after the making of such an excision or addition or
alteration, and the Surveyor-General or the person for the time
being acting as the Surveyor-General certifies that the map is an
original map truly showing the land so excised or added or altered,
the Governor in Council may at any time after the making of
such excision or addition or alteration authorize such map to be
sealed with the seal of the Board of Land and Works and
deposited with the Clerk of the Parliaments, and such map may
be so sealed and deposited accordingly.
(2) All maps or parts thereof certified under the hand of the certified
Surveyor-General or the person for the time being acting as {0)^80fmap,
Surveyor-General to be copies of original maps or of parts thereof el&ce?"
deposited with the Clerk of the Parliaments for the purposes of or
pursuant to this Act or any corresponding previous enactment shall
be admissible in evidence in any court of justice or before any
person having by law or by consent of parties authority to hear
receive and examine evidence and shall be prima facie evidence for
the same purposes and to the same extent as the originals thereof
if they had been produced. All courts of justice and persons
having by law or by consent of parties authority to hear receive
and examine evidence shall take judicial notice of the signature of
the Surveyor-General or the person for the time being acting as
Surveyor-General affixed to any certificate under this section.
314
1958.
Forests.
No. 6254
certified
(3) The provisions of sub-section (2) of this section shall
with such alterations modifications a n d substitutions as are
!S?ge3rdscaaiento0 necessary extend a n d apply to all maps o r parts thereof—
deposited
be prima facts
evidence.
(a) certified under the hand of the Surveyor-General o r
the person for the time being acting as t h e
Surveyor-General to b e reproductions of such
original maps o r parts thereof but drawn correctly
to a larger scale than such originals; a n d
(b) accompanied by copies of the original maps or parts
thereof drawn to the same scale as the original
maps o r parts thereof a n d certified as provided
for in sub-section ( 2 ) of this section.
General.
Power for
court of petty
sessions to
order removal
of
unauthorized
buildings Ac
in reserved
forest.
No. 6073 8. 74.
74. (1) Where buildings huts fences dams weirs or standing
crops are found within a reserved forest and—
(a) the owner or occupier thereof does not on demand
produce any lease licence permit or authority
therefor; or
(b) after reasonable inquiries made by a forest officer the
owner or occupier thereof cannot be found—
then on the hearing of the complaint of a forest officer who is
either generally or specially authorized in writing by the
Commission to make such a complaint any court of petty sessions
may fix a time within which such buildings huts fences dams
weirs or crops shall be removed.
(2) If such removal is not effected within the time so fixed all
such buildings huts fences dams weirs or crops shall thereupon
become the property of the Crown and shall be disposed of as the
Minister may direct.
(3) In any case where after such inquiries the owner or
occupier has not been found it shall be sufficient service of the
notice of removal if a copy thereof is posted on some conspicuous
part of the land on which the buildings huts fences dams weirs
or crops are found.
Production of
licence &c. on
demand.
No. 6073 s. 75.
75. Every person who does within any forest any act for
which under the provisions of this Act a lease licence permit or
authority is required shall upon being required so to do by a
forest officer or by a Crown lands bailiff or by a member of
the police force produce such lease licence permit or authority
and if on being so required he within a reasonable time fails
without lawful excuse so to do he shall be liable to a penalty of
not more than Five pounds.
1958.
Forests.
No. 6254
315
76. (1) No person shall ringbark sapring or girdle or
otherwise kill destroy damage or injure any growing tree on any
Crown lands the subject of a grazing licence under Division
eight of Part I. of the Land Act 1958 except in pursuance of a
permit so to do granted under this Act.
Astoiniuring
(2) Notwithstanding anything in any Act the Commission or
any person authorized by it in that behalf may grant in respect
of any such lands or any portion thereof permits to ringbark
sapring or girdle or otherwise kill or destroy growing trees thereon
for such period as the Commission thinks fit and subject to such
conditions as are contained in the permit or as in the opinion
of the Commission are necessary or expedient or as are prescribed.
(3) Every person who ringbarks saprings or girdles or
otherwise kills destroys damages or injures any growing tree
in contravention of this section or knowingly causes or suffers the
same to be done shall be liable to a penalty of not less than
Five shillings and not more than Forty shillings in respect of
each tree and to pay full compensation in respect of each tree
so ringbarked sapringed or girdled or otherwise killed destroyed
damaged or injured at its full market value, to be determined by
a court of petty sessions.
Gram of
emission
pe r ^ orized
77. (1) Notwithstanding anything in any Act or any by-law
lease licence permit right or authority thereunder (but, with
respect to main roads and State highways within the meaning of
the Country Roads Act 1958, subject to the provisions of that
Act) no person shall without the authority in writing of the
Commission mark bark ringbark sapring girdle fell cut split
break or otherwise kill destroy damage or injure or remove the
whole or any part of any tree sapling shrub underwood or timber
in or upon so much of any road as passes through or is within
any State forest or is between and adjoining any State forests.
(2) The Commission may grant any such authority in
accordance with the regulations and on payment of such fee as is
prescribed.
(3) Every person who is guilty of any contravention of or
failure to comply with this section or any such regulation shall
be liable to a penalty of not more than Twenty-five pounds.
(4) Notwithstanding anything in this or any other Act (other
than the Country Roads Act 1958) the council of every
municipality shall have the control and management of all trees
saplings shrubs underwood and timber in or upon any road
(except so much of any road as passes through or is within any
State forest or is between and adjoining any State forests) under
the care and management of such council:
Crown lands
s
ctof
lh|cen
r arin|
ll "' s 7
°'
' '
Penalty,
Prohibition of
timber &c. on
r a ds
w1thoStthe
«*">**<>r
^"^f'm01^
No. 6073
8.77.
"~ " """
316
1958.
Forests.
No. 6254
Provided that if the council of any municipality cuts or obtains
any timber in or upon so much of any such road as is on or
adjoins any boundary of any State forest (not being a road
between and adjoining any State forests) such timber shall be
so cut or obtained and all debris resulting from the cutting
or obtaining of such timber shall be burnt or otherwise disposed
of to the satisfaction of the Commission and at such time or
times as the Commission directs.
(5) Notwithstanding anything in this Act, for the
purposes of construction of or repairs to any road culvert or
bridge, the council of any municipality may without payment
of any royalty fee due or charge cut or obtain timber in or upon
so much of any road under the care and management of such
council as passes through or is within any State forest or is
between and adjoining any State forests: Provided that all
timber so cut or obtained shall be cut or obtained and all debris
resulting from the cutting or obtaining of such timber shall be
burnt or otherwise disposed of to the satisfaction of the Commission
and at such time or times as the Commission directs.
(6) The Commission may for the purposes only of protecting
any State forest from fire cut and remove the whole or any
part of any tree sapling shrub underwood or timber in or upon
so much of any road as is on or adjoins any boundary of such
State forest: Provided that nothing in this sub-section shall be
deemed to restrict the powers of the Commission with respect
to any part of any road which is between and adjoining any
State forests.
Power of
forest officer.
No. 6073 s. 78.
78. (1) (a) Forest officers shall have power to lay
informations and conduct all prosecutions and proceedings against
persons who offend against any of the provisions of this Act
and may sue for and recover any penalties under this Act and
may sue for and recover any rent or fees or charges due and
payable under this Act by any person for the occupation of any
land or building or for the grazing or agistment of cattle within
any reserved forest or any royalty dues or charges for forest
produce or any sum due or payable for the sale of any such
produce.
(b) In any such prosecution proceeding or matter no proof
shall until evidence is given to the contrary be required of the
appointment of any forest officer or of any authority (whether
general or special) of such officer to lay any information or to
prosecute or to take any proceeding or to sue.
(2) If any person within a reserved forest does any act or
commits any offence for which he is liable to a conviction under
any Act relating to Crown lands or under any Act whatsoever
1958.
Forests.
No. 6254
317
providing for the punishment of offences such person may in
respect of such act or offence be proceeded against by any forest
officer.
(3) All forest officers (whether or not they are appointed to impounding,
be pound keepers under this Act and notwithstanding anything
in the Pounds Act 1958) shall have power to impound cattle
trespassing within any reserved forest and to receive on behalf
of the Crown such trespass rates due thereon as are payable under
the provisions of the Pounds Act 1958 and for the purposes of
this section may take any proceedings or do any act or thing
which may be taken or done under that Act by the occupier
of any land trespassed upon.
(4) Every forest officer shall so far as is necessary for the Tohave
Dowers ot
purpose of carrying out the provisions of this Act have all the
like power and authority as is for the time being by law exercisable
by Crown lands bailiffs in respect of any Crown lands (other
than reserved forests).
(5) Every forest officer may in the performance of his duties—
(a) sell by auction any forest produce; and
(b) for the purposes of section fifty-three of this Act
submit licences or permits referred to in the said
section to public auction—
without having obtained an auctioneer's licence under the Auction
Sales Act 1958.
crown lands
ftcueen«nnot's
fore^officer
produce&c.
79. (1) Any forest officer may give directions regarding the Power to
road or track in or by which any forest produce may be removed ^removal
or taken through any part of a forest whether by land or water. pr0ducf£rest
(2) Any forest officer or member of the police force may
stop or detain any forest produce within the boundaries of any
forest or upon any Crown land or public highway within or
abutting on any such forest.
No. 6073 s. 79.
p
°^fnrf°rest ns
Pr<xi"c°
(3) Where any forest officer or member of the police force Power to
has reason to believe that any forest produce has been cut brand certain
removed or otherwise dealt with contrary to the provisions of this P°Lduce.
Act he may seize the same and place a distinctive brand thereon
and such forest produce shall thereupon become and remain
the property of the Crown unless within one month from the
date of seizure a court of petty sessions orders to the contrary
and fixes the ownership. Where the Minister is of opinion that
it is desirable in the public interest to at once dispose of any
forest produce so seized and branded he may so order without
waiting for any order of the court.
318
1958.
Forests.
No. 6254
Power of
court as to
unlawful
possession of
forest
produce.
(4) Any person found in possession of any forest produce
so seized may be summoned to appear before a court of petty
sessions and such court in addition to imposing any penalty to
which the person so summoned may be liable under the provisions
of this Act shall upon a conviction being obtained order that
such produce be forfeited to the Crown or order that the full
market value of the same (to be determined on the sworn
valuation of any person or persons to the satisfaction of the court)
for the best commercial purpose to which as forest produce in
the forest it could have properly been put be paid to the Crown
by such person.
onus of proof.
(5) The onus of proof that any person found in possession
of any forest produce is lawfully entitled thereto shall in all
cases lie on the defendant.
Offence to
remove forest
produce from
forest by
forbidden
routes or at
night-time or
on Sunday.
(6) Any person who—
(a) removes or takes any forest produce through or from
any forest contrary to any direction given under
sub-section (1) of this section; or
(b) without the authority in writing of a forest officer
removes or takes any forest produce from any
forest—
(i) after sunset or before sunrise on any day
of the week other than Sunday; or
(ii) at any time on Sunday—
shall be guilty of an offence against this Act.
Payment of
dues and
charges.
No. 6073 8. 80.
80. All forest produce cut or obtained in a forest upon which
under the provisions of this Act any royalties dues or charges
are payable shall until the payment thereof remain the property
of the Crown and may be seized and detained or removed by any
forest officer or member of the police force until such royalties
dues and charges have been paid, and in default of payment
within ten days of the seizure may by direction of the Minister
be disposed of or destroyed.
Unbranded
8 1 . All forest produce unbranded or from or on which the
6
tobl'd^med
brands
have been accidentally obliterated altered or defaced by
cnwn.nBt0
Are or otherwise and which is found adrift on any river creek
NO. 6073 s. si. stream or other watercourse or lying unclaimed in any State forest
shall be deemed to be the property of the Crown unless any
person within three months from the time of the Crown taking
possession of such forest produce proves his right and title thereto.
All claims of ownership to such forest produce shall be decided
by the nearest court of petty sessions.
1958.
Forests.
No. 6254
319
82. In any proceedings under this Act with respect to any Presumption
forest produce such forest produce shall until the contrary IS ownership of
shown be deemed to be the property of the Crown.
'""" A"~
83. On the complaint on oath of any forest officer or member
the police force stating his belief that forest produce, liable
the payment of any royalty fees dues or charges, is secreted
any place other than a forest any justice may issue a warrant
search for such forest produce.
Search
warrant for
secreted
forest
produce.
No. 6073 s. 83
84. No officer trainee or other person appointed or employed
by the Commission shall as principal or agent trade in any forest
produce or become beneficially interested in any lease or licence
of any land within any forest or in any permit or other authority
or in any contract for working any forest produce in any forest.
Restriction on
dealings by
forest
officers.
of
to
in
to
85. The owner of all cattle found depasturing within any
part of a reserved forest not held or occupied by such owner
under a grazing lease or licence or permit under this Act or
any corresponding previous enactment shall be charged therefor
by the Commission agistment fees at such rates as may be
prescribed.
No. 6073 s. 84.
Agistment
fees
chargeable
for cattle in
reserved
forest.
No. 6073 s. 85.
86. (1) The Governor in Council may appoint a pound within Power to
any reserved forest and may appoint any forest officer to be forest pounds,
poundkeeper therefor, and the pound fees and (except where the NO.6073S.86.
land trespassed upon is held by any lessee or licensee) the
trespass rates collected by him shall be paid into the Consolidated
Revenue.
(2) A pound so appointed shall be deemed to be a pound
not within a municipality, and the trespass rates to be received
by the poundkeeper shall be fixed at Two shillings and sixpence
for each horse mare gelding colt filly foal bull cow ox steer heifer
calf ass or mule, and One shilling for each ram ewe sheep lamb
goat or pig: Provided that where a reserved forest or a plantation
or any part thereof is closed to grazing by order of the Governor
in Council the trespass fees due and payable under this section
shall be for a horse mare gelding colt filly foal bull cow ox
steer heifer calf ass or mule, Five shillings per head, and for a
ram ewe sheep lamb goat or pig, Two shillings and sixpence
per head. The trespass rates hereby fixed shall be due and
payable by the owner of the cattle or his agent to any forest
officer in charge of such cattle who is driving them to a forest
pound or pound within a municipality and shall be paid by such
owner or agent before the release of such cattle.
(3) So far as is consistent with this section the provisions of
the Pounds Act 1958 shall apply to such pound and the
poundkeeper thereof, and all persons whose cattle are impounded,
and to such cattle.
320
1958.
Power of
grazing lessee
or licensee to
impound.
No. 6073 s. 87.
87. Every holder under this Act or any corresponding previous
enactment of a grazing lease or licence within a reserved forest
shall have power to impound in any pound established by a
municipality or with a written permit from the Commission in
any pound appointed as provided in the last preceding section
all or any cattle trespassing on his leased or licensed land.
Penalty for
unauthorized
occupation or
depasturing on
reserved
forests.
No. 6073 s. 88.
88. (1) Every person who is found in unauthorized
occupation of any reserved forest or any part thereof or who
knowingly and wilfully depastures any cattle thereon without
authority in that behalf shall be liable to the penalties following
(that is to say):—For the first offence a sum of not more than
Five pounds, for the second offence after an interval of fourteen
clear days from the date of the previous conviction a sum of not
more than Twenty pounds, and for any subsequent offence after
a like interval a sum of not more than Fifty pounds.
(2) On the conviction of any person for an offence against
this section any forest officer may when so authorized by the
Minister take all such steps as are necessary to dispossess the
offender from and recover possession of the land of which he
has been in unauthorized occupation.
(3) Whether such person is or is not prosecuted under this
section all or any buildings fences or improvements erected or
made or occupied or used by him without lawful authority or
permission may forthwith be taken possession of for the Crown
or removed by any forest officer.
Unbrandcd
wild cattle
to belong to
Crown.
No. 6073 s. 89.
89. (1) All unbranded wild cattle above the age of twelve
months at any time depasturing on any forest and having no
reputed or apparent owner shall be and be deemed and taken to
be the property of the Crown; and it shall be lawful for the
Commission to cause the same to be sold and disposed of in
such a manner as the Governor in Council directs.
(2) The purchaser of any such cattle on obtaining the written
authority of the Commission for that purpose shall be at liberty,
within such time and in such a manner as is mentioned in such
authority with necessary and proper assistance to shoot or take
possession of such cattle, and for that purpose may enter upon
any forest where the same may be depasturing.
Encouragement of tree
planting for
mining or
commercial
purposes.
No. 6073 s. 90.
90. Where any area of land of not less than ten acres in extent
is planted after the commencement of the Forests Act 1907 with
trees approved of by the Commission as being suitable for mining
or commercial purposes, such trees being planted not more than
ten feet apart from each other, then in computing the net annual
value of such area of land as rateable property within the meaning
of any Act relating to local government, the increase in the value
of such area of land by reason of the trees so planted thereon shall
not be taken into consideration during such time as such trees
remain thereon.
Forests.
No. 6254
1958.
Forests.
No. 6254
,321
Provision of
91. Where the Education Department has arranged for the trees
for
State school
establishment of plantations of forest trees and plants (whether plantations
on lands vested in the Minister of Education or otherwise) and and
of
the planting and care thereof by State school pupils and teachers application
Forestry Fund
towards
and members of school committees under the Education Act 1958, meeting
cost
establishing
or in any cases where committees of management of forest ofsame.
plantations referred to in the next succeeding section have been No. 6073 s. 91.
appointed and are constituted as provided in the said section—
(a) the Commission may provide from the nurseries of the
Commission, free of cost, trees plants and seedlings
for use in connexion with such plantations under
such conditions as are agreed upon by the
Commission and the Director of Education;
(b) there may, notwithstanding anything in this Act, be
paid out of the Forestry Fund any sums (not
exceeding in the aggregate in all cases the sum
of Five hundred pounds in any one year) towards
meeting the cost of obtaining materials required
to be used in the initial establishment of such
plantations, and such sums may be expended for
that purpose in such manner as is agreed upon
by the Commission and the Director of Education;
and
Power of
(c) the council of any municipality (including the city of councils
to
pay moneys
Melbourne and the city of Geelong) may apply tor
purposes
any portion of the municipal fund or town fund of plantations
of such municipality for the purposes of any such * c
plantation situate within the municipal district of
such municipality or, with the consent of the
Governor in Council, may apply any portion of
the said fund for the purposes of any such
plantation situate outside the said municipal
district.
92. (1) In the case of any lands which are reserved pursuant As to
to section fourteen of the Land Act 1958 for the purposes of a constitution
of committee .
State school forest plantation the committee of management of
management
of land
thereof appointed pursuant to section one hundred and eighty-four reserved
for
forest
of the said Act may consist of—
plantations
State
(c) the persons for the time being holding the offices of— for
schools.
No.
6073 s. 92.
(i) chairman of the school committee for the
State school concerned ;
(ii) head teacher of such school; and
(iii) inspector of schools for the school district;
and
(b) two other persons nominated by the Minister of
Education.
(2) The Commission may set aside for the purpose of a ^^f,.^6
State school forest plantation any portion of reserved forest, panutions
foiSfror
and the Minister on the recommendation of the Commission
VOL. III.—11
322
Sale of
produce of
plantation
and
application of
proceeds.
Power to
make
regulations.
Provision for
grant of lease,
and term and
area thereof.
No. 6148
ss. 2,3,4.
Conditions of
lease.
1958.
Forests.
No. 6254
may appoint a committee of management with respect to the
land forming the portion so set aside and such committee shall
consist of the persons referred to in paragraphs (a) and (b)
of the last preceding sub-section.
(3) Notwithstanding anything in the Land Act 1958 or this
Act any such committee of management, in addition to its powers
under the Land Act 1958 or this Act (as the case may be),
may—
(a) sell or otherwise dispose of or arrange for the sale or
disposal of the timber produced from such forest
plantation; and
(b) expend the proceeds thereof for such school purposes
as are approved by the Minister of Education.
(4) On the recommendation of the Commission the Governor
in Council may make regulations for or with respect to—
(a) the inspection of such forest plantations or of
any plantations of forest trees and plants established
under the last preceding section of this Act;
(b) the thinning and cutting down of trees in any such
plantations; and
(c) generally, all things necessary or convenient to be
prescribed for carrying into effect the purposes of
this section.
93. (1) Notwithstanding anything to the contrary in this Act
or in any other Act or enactment the Governor in Council may
pursuant and subject to this section grant to any person or
corporation a lease for a term of not more than seventy-five years
of an area not exceeding eight acres of land in the reserved forest
at Horse Hill in the vicinity of Mount Buller in the Parish of
Changue, County of Wonnangatta, subject to the conditions referred
to in the next following sub-section and to such further terms and
conditions as the Governor in Council determines.
(2) Any lease granted pursuant to this section shall include
conditions to the following effect, namely:—
(a) That the lessee shall within a period of five years next
after the beginning of the term granted by the lease
expend at least the amount specified in the lease
(being not less than Two hundred thousand pounds)
on—
(i) the construction fitting and furnishing of a
modern hostel with high class
accommodation for not less than sixty
guests and accommodation of a lesser
standard for not less than forty guests;
and
(ii) the provision of amenities in connexion
therewith;
1958.
Forests.
No. 6254
323
(b) That the rent expressed in the lease shall be payable
only in respect of the first ten years of the term
granted by the lease and that then, and thereafter
at intervals of ten years, the rent shall be
re-appraised by the Minister after consultation with
the Commission but so that the rent shall not be
increased by more than Twenty per centum by any
one such re-appraisal, and the amount of the rent
as so re-appraised shall after any such re-appraisal
be the rent payable under the lease; and
(c) That at the expiration of the term granted by the lease
or the earlier determination thereof the land,
together with all buildings, structures, fittings and
improvements thereon or used in connexion
therewith, shall revert to and become the property
of the Crown.
(3) No lease shall be granted under this section unless tenders Tenders too.
for the lease, including plans and specifications for the construction mv te *
fitting and furnishing of the hostel and the provision of amenities,
have been invited from prospective lessees by public advertisement
on at least two occasions in a newspaper circulating generally
throughout Victoria, but nothing in this sub-section shall be
construed as requiring acceptance of the highest or any other tender.
(4) Any lease granted pursuant to this section shall be Lease to be
registered as a Crown grant pursuant to Part III. of the Transfer resisteredof Land Act 1958.
(5) No term or condition of the lease shall preclude the lessee Lease not to
from applying for or being granted a victualler's licence under the grant of
Licensing Act 1958 in respect of the hostel or from carrying on the acenstnidAct
business of a licensed victualler under any licence so granted.
fornosteu
94. (1) Whenever required by the Commission or by any Returns by
person thereto authorized in writing by the Commission (either N T W W T ^
generally or in any particular case) the owner of every sawmill
shall furnish in the prescribed manner such information and
particulars as are required from him concerning the intake and
the output of timber of all classes and species from such sawmill.
(2) Every owner of a saw-mill aforesaid shall forthwith fill Forms to N.
up any form sent to or left with or for him for the purposes of e up'
this section.
(3) Any owner of a sawmill aforesaid who in contravention Penalty,
of this section—
(a) refuses or fails to forthwith furnish information and
particulars when required to do so pursuant to
this section;
(b) fails or refuses to forthwith fill up any form sent to
or left with or for him for the purposes of this
section; or
324
potms.
Powers of
entry by
Commission
officers &c.
No. 6073 s. 94.
Obstructing
Commission
officers A c
1958.
Forests.
No. 6254
(c) furnishes information or particulars which is or are
not correct—
shall be guilty of an offence against this Act.
(4) The forms which are required to be filled in for the
purposes of this section shall from time to time be prepared
by the Commission and approved by the Governor in Council.
95. (1) The Commission shall for the purposes of this Act
and the regulations thereunder have power by itself or any
of its officers or any person (authorized by the Commission in
writing either generally or in any particular case) to enter at any
time into and upon any building or land for the purposes of—
(a) executing any work or exercising any power or making
any inspection authorized to be executed exercised
or made by the Commission or any such officer
or person under this Act or the regulations
thereunder;
{b) ascertaining whether the provisions of this Act and
regulations with respect to the prevention or
extinguishing of fires are being complied with; or
(c) taking or directing to be taken all lawful steps
for preventing or extinguishing fires:
Provided that except so far as the purposes mentioned in
paragraphs (b) and (c) of this sub-section are concerned the
Commission or any such officer or person shall not make any
such entry upon occupied premises unless with the consent of
the occupier until after the expiration of twenty-four hours' notice
of intention to enter given to the occupier.
(2) Every person who at any time obstructs the Commission
or any such officer or person in the performance of anything
which the Commission or such officer or person is empowered
to do under this section shall be liable to a penalty of not more
than Twenty pounds.
offences.
NO. 6073 s. 95.
96. Every person who commits or attempts to commit or aids
abets any person who commits or attempts to commit any
of the following offences shall be liable to imprisonment for a
term of not more than one year or to a penalty of not more
than Fifty pounds, or to both such imprisonment and penalty:—
,
(a) Counterfeits upon any tree or timber or unlawfully
affixes to any forest produce a mark used by forest
officers to indicate that such produce is the property
of the Crown or that it may be lawfully cut or
removed;
(b) Without due authority makes or causes to be made or
uses or causes to be used or has in his possession
a brand or stamp which resembles or purports to
be a brand or stamp such as is usually used by
or
1958.
Forests.
(c)
(d)
(c)
(/)
(g)
(h)
(i)
(/')
No. .6254
forest officers to indicate that forest produce is
the property of the Crown or that it may be lawfully
cut or removed;
Counterfeits or without due authority issues any
licence permit or order for the cutting removal or
sale of forest produce;
Unlawfully alters obliterates defaces pulls up removes
or destroys any boundary mark or any stamp
mark sign licence permit or order used or issued
by any officer or person appointed or employed
by the Commission;
Unlawfully cuts breaks throws down or in anywise
destroys or damages any building or fence of any
description whatsoever or any wall stile or gate
or any part thereof respectively in or enclosing
any forest or who unlawfully cuts through or breaks
down or otherwise destroys the bank dam or wall
of any part of any lake or any natural or artificial
reservoir or pond of water within or partly within
and adjoining any forest;
Exercises compulsion upon any forest officer or trainee
by violence or threats or corrupts or attempts to
corrupt by promises offers gifts or presents any
forest officer or trainee for the purpose of obtaining
a favorable report recommendation certificate
valuation or royalty assessment whether in respect
of any place employment sale auction lease licence
permit authority or any other benefit whatsoever,
or for the purpose of obtaining abstention on the
part of any forest officer or trainee from any act
which forms part of his duties or refuses or fails
to comply with any lawful direction of a forest
officer or trainee or assaults or obstructs any forest
officer or trainee in the execution of his duty;
Being a forest officer or trainee accepts any bribe or
receives any gift or present in connexion with the
performance of the functions of his office;
Without a licence or permit therefor does or causes to
be done any act matter or thing for which a licence
or permit may be issued under the provisions of this
Act;
Without the written authority of a forest officer removes
from any area or from any lands within any State
forest any timber or forest produce without
previously paying the proper royalty or fee due
thereon;
Cuts splits fells obtains or removes any forest produce
on or from any lands within any forest or on or
326
1958.
Forests.
No. 6254
from any portion of any forest not specified in any
licence or permit issued to him under the
provisions of this Act;
(k) Removes from any forest without the written authority
of a forest officer any timber before the same has
been branded by a forest officer;
(/) Furnishes a forest officer with a false or incorrect
statement of any forest produce cut split felled or
removed by him or by any agent or employe of
his on which royalties dues or charges are payable
to the Crown;
( m ) Under cover of a miner's right within any forest cuts
splits fells obtains or removes any timber for sale;
( n ) Marks barks ringbarks saprings girdles fells o r
otherwise kills destroys damages or injures any
tree or plant contrary to the provisions of this
Act or any regulation;
( o ) Is found in possession of any forest produce without
having been authorized by a forest officer to cut
or remove the same;
( p ) Without being authorized by a forest officer deposits
or causes to be deposited in any reserved forest
any waste products or refuse matter of farms or
dairies or otherwise or any night-soil manure or
rubbish o r the carcass of any dead cattle.
General
offencefor
* 8ai ^^ ct
AS to axing
toSS0"
9 7 . ( 1 ) Every person who contravenes o r causes the
contravention of or neglects or fails to comply with any of the
provisions of this Act shall be guilty of an offence against this
Act and shall for every such offence be liable on conviction to
a penalty expressly imposed in this Act for such offence.
(2) Any person guilty of an offence against this Act for
which no penalty is expressly imposed shall be liable to a penalty
of not more than One hundred pounds or to imprisonment for
a term of not more than one year or to both such penalty and
imprisonment.
(3) Where under this Act any person is convicted he may in
addition to any penalty or imprisonment imposed be ordered
by the court to pay compensation for any damage caused by the
commission of such offence.
( 4 ) Where in pursuance of the provisions of this section the
court orders compensation to be paid by any convicted person,
the amount of the compensation for any damage caused by the
commission of the offence shall be fixed by the court at the
hearing after taking such evidence on oath of such persons as
is necessary to enable the court to decide the nature and extent
of such damage.
1958.
Forests.
No. 6254
327
98. Upon the hearing of an information for an offence against Appearance
on
A j.
i ..•
ii
j
hearing of
this Act or any regulation thereunder—
information
•.i_ •
for offence.
(a) the informant may appear either personally or by a No.6073s.97.
barrister and solicitor or by some forest officer
nominated in writing by the Commission either
generally or in any particular case for the purpose:
Provided that no order for payment by any
defendant to the informant of the costs of any
barrister and solicitor shall be made unless the
court by which the information is heard is of opinion
that in the circumstances it was reasonable for
the informant to appear by a barrister and solicitor.
The reasons for such opinion shall be entered in
the register of such court and shall be signed by
each justice concurring in such opinion; and
(b) the appearance of such forest officer and his
statement that he appears for the informant shall
be sufficient evidence of the authority of such
forest officer to appear for the informant for all
purposes.
Regulations.
99. The Governor in Council may make regulations not Regulations,
inconsistent with the provisions of this Act for all or any of the NO.6073S.98.
following purposes, namely:—
(1) Prescribing the form of leases licences permits or
authorities and the terms covenants and conditions
under which such leases shall be granted or cease
and determine or such licences permits or
authorities shall be issued and cancelled or
withdrawn and the mode of applying for any such
lease licence permit or authority ;
(2) Prescribing the rate or amount of rentals royalties fees
dues and charges payable in respect of any lease or
licence or for any permit or authority;
(3) Reserving any area of any reserved forest from the
operation of any lease licence permit or authority;
(4) Reserving from the operation of any lease or licence
under this Act any area of a reserved forest required
for the agistment of draught cattle used by any
person holding a lease or licence or permit or
authority under this Act;
(5) Prohibiting except under licence or permit the
depasturing of cattle within and the regulation of
the passage of cattle through any reserved forest;
1958.
Forests.
No. 6254
(6) Prohibiting except under licence or permit the making
of temporary clearings for any description of
cultivation;
(7) Regulating the temporary prohibition of grazing over
specified areas of reserved forests in order to
preserve the young trees and seedlings growing on
such areas;
(8) Prescribing the mode in which any forest produce is
to be branded or marked, and the mode in which
such brands or marks may be registered with the
Commission;
(9) Prescribing the kinds sizes and quantities of any forest
produce which may be cut or removed in or from
any forest and prohibiting the removal of any
forest produce until branded by a forest officer if so
prescribed;
(10) Prescribing any acts which may not be done within
a forest without a lease or licence or permit or
authority for the doing of such act;
(11) Prescribing such annual succession of areas over
which timber cutting and grazing rights may be
exercised as shall be deemed most favorable for
forest conservation;
(12) Providing for the making of declarations or
statements by licensees or any other persons as to
the quantity and description of timber and forest
produce obtained taken delivery of hauled removed
hewn sawn or otherwise treated or transported or
consigned by road rail or water and as to the place
where any timber or forest produce was obtained
and as to the place to which any timber or forest
produce is consigned;
(13) Regulating the burning off of inflammable material
and the lighting and use of fires and the use of any
engine or boiler within any fire protected area or
any specified portion thereof;
(14) Regulating the establishment of Government timber
depots, and terms and conditions for the use of
same;
(15) Regulating traffic through reserved forests, and the
prevention of trespass on or in any portion of a
State forest which is fenced and providing for the
safety and protection of roads tracks and tramways
constructed or maintained by the Commission, and
the operation of vehicles and the transportation of
timber sand stone gravel and other materials
thereon;
1958.
Forests.
No. 6254
(16) Regulating the establishment and conduct of
recreation grounds and camping areas in State
forests and prescribing the conditions on which
the same may be used by persons;
(17) Prescribing the measures to be taken by any person
within a fire protected area for the prevention and
suppression of fire and for diminishing the danger
to life and property arising from fire;
(18) Prescribing the terms and conditions under which
persons may be appointed as trainees and the
positions to which trainees may be appointed;
(19) The organization of a system of education and
training in scientific forestry;
(20) The protection of trees in Crown lands reserved
under the Land Act 1958 from sale permanently
for the purposes of public parks or gardens or for
the recreation convenience and amusement of the
people and vested in trustees and whether there is
a committee of management of such lands or not;
and regulating or prohibiting the cutting or
removal of such trees and other forest produce;
(21) Prescribing such annual cutting sections as are
deemed necessary under a working plan;
(22) Prescribing the procedure for the sale by auction
or by tender of rights to leases licences or permits
or of forest produce and enabling upset prices or
minimum royalties dues or charges to be fixed;
(23) Prescribing the fees or deposits to be paid with any
application or tender;
(24) Providing for the inspecting of timber and other
forest produce for export and for local use, and
prescribing the forms and certificates to be used,
the fees to be paid and the brands or marks to be
used;
(25) Prescribing rules for the grading of timber for export
and for local use;
(26) Regulating the export of prescribed species of timber
or other forest produce;
(27) Prescribing the manner of making applications for
the registration or renewal of registration of
sawmills and of granting registration or renewal
of registration of sawmills and prescribing
reasonable fees with respect to such registration or
renewal of registration;
330
Forests.
1958.
No. 6254
(28) Providing for the keeping by the Commission of
a register of the names addresses and occupations
of all persons engaged or employed in any
industry in any State forest;
(29) Regulating or prohibiting the carrying or use of
dangerous matches and fire-arms in State forests
and national parks, and subject to the provisions
of the Local Government Act 1958 and the
Country Roads Act 1958 the use of steam
engine locomotives and traction engines in State
forests and national parks, and generally for the
protection of State forests and national parks from
damage by fire;
(30) Regulating or prohibiting the destruction shooting
*
hunting pursuing or snaring of animals or birds in
any State forest or national park and within any
period specified in a notice under section sixty-four
of this A c t ;
(31) Prescribing either generally or particularly penalties
not exceeding One hundred pounds for breaches
of any regulations;
(32) Making provision with respect to the declaration
and appointment of officers employes and persons
to be or act as forest officers; and
(33) Prescribing any matters required or permitted or
necessary or expedient to be prescribed for
carrying this Act into effect, and generally for
carrying into effect the objects of this Act.
interpretation
For the purposes of this section the expression " dangerous
matche^?rous matches" means any matches other than those so made as to
strike only on a preparation affixed to the containing box or to
a box containing the same description of matches.
Power to
relation* as
WQ. ( 1 ) The Governor in Council may make regulations for
° r with respect t o —
to eradication
&c. of tree
pests diseases
in timber &c.
( a ) securing—
'
a
(j)
the
treatment of diseased trees;
No. 6073 s. 99.
(ii) the eradication of diseases of trees;
(iii) the treatment of timber affected with
disease;
(iv) the prevention and eradication of diseases
in timber—
whether any such trees are or any such timber is
upon or in any State forest or wherever situate in
Victoria;
1958.
Forests.
No. 6254
331
(b) prescribing penalties (not exceeding One hundred
pounds in any case) for the breach of any
regulation under this section; and
(c) generally, prescribing all matters and things necessary
or convenient to be prescribed for carrying into
effect the purposes of this section.
(2) In this section unless inconsistent with the context or interpretatioa
subject-matter—
" Disease " means any disorder affecting trees or timber
and which on the recommendation of the Commission
the Governor in Council from time to time by
proclamation in the Government Gazette declares to be
a disease within the meaning of this section and
whether or not caused by or consisting of the presence
of insects or fungus.
" Diseased " means affected with disease.
" Fungus " means any fungus or any tree parasite or timber
parasite whatever which on the recommendation of the
Commission the Governor in Council from time to time
by proclamation in the Government Gazette declares to
be a fungus within the meaning of this section.
" Insect" means any insect whatever which on the
recommendation of the Commission the Governor in
Council from time to time by proclamation in the
Government Gazette declares to be an insect within
the meaning of this section, and includes any such
insect in whatever stage of existence the same may be
and any eggs of any such insect.
' Disease.'
" Diseased."
' Fungus."
1
Insect."
" Timber " includes any timber imported into Victoria.
' Timber."
" Tree " means any tree (within the meaning of this Act) of
any genus species or variety usually growing in a
forest, and includes every part of such a tree.
• Tree.'
(3) This section shall be read and construed as in aid of and saving.
not in derogation from the provisions of the Vermin and Noxious
Weeds Act 1958 or of the Vegetation and Vine Diseases Act 1958
or of any other enactment relating to the subject-matter hereof.
101. All regulations made under this Act shall be published
in the Government Gazette and shall be laid before both Houses
of Parliament within fourteen days after the making thereof if
Parliament is then sitting, and if Parliament is not then sitting then
within fourteen days after the next meeting of Parliament.
Publication of
regulations.
No. 6073
s. 100.
332
1958.
Forests.
No. 6254
SCHEDULES.
Section 2.
FIRST SCHEDULE.
Number
of Act.
Sections 3 &
Title of Act.
Extent of Repeal.
6073
..
Forests Act 1957
The whole.
6148
..
Forests (Mount Buller Lease) Act 1957
The whole.
SECOND SCHEDULE.
42.
PERMANENT FORESTS.
The area of Crown lands described as permanent forests and delineated by
projections bearing a distinguishing colour or shading on maps sealed with the
seal of the Board of Land and Works and deposited with the Clerk of the
Parliaments.
Sections 3 &
THIRD SCHEDULE.
TIMBER RESERVES.
The area of Crown lands described as timber reserves and delineated by
projections bearing a distinguishing colour or shading on maps sealed with the
seal of the Board of Land and Works and deposited with the Clerk of the
Parliaments.
Section 36.
FOURTH SCHEDULE.
PART A.—MEETINGS OF THE COMMISSION.
Quorum.
1. (1) Any two commissioners shall form a quorum and shall have and may
exercise and perform the powers authorities and duties which by any Act or
means whatsoever are vested in or imposed upon the Commission.
Validity of
proceedings
and acts.
(2) No proceeding or act of the Commission shall be invalidated or illegal in
consequence only of there being any vacancy in the number of commissioners at
the time of such proceeding or act.
Chairman to
preside at
meetings.
Senior
commissioner
in absence of
chairman.
Casting vote.
2. (1) At any meeting of the Commission the chairman if present shall
preside.
(2) When only two commissioners, neither of them being the chairman, are
present at any meeting of the Commission, the commissioner who is the senior
in respect to date of appointment shall preside at such meeting.
(3) The commissioner presiding at a meeting of the Commission shall, in the
event of an equal division of votes thereat, have a second or casting vote.
1958.
Forests.
No. 6254
333
FOURTH SCHEDULE—continued.
PART B.—CONTRACTS.
1. Every contract entered into by the Commission may if the Commission so Mode of
thinks fit specify the person to whose satisfaction the same is to be completed determining
and the mode of determining any dispute which arises concerning or in disputes &c.
consequence of such contract.
2. The powers granted by the Forests Act 1958 to the Commission to make Mode of
entering into
contracts may be exercised as follows:—
contracts.
Any contract which if made between private persons would be by law
required to be in writing and under seal the Commission may make in
writing in its corporate name under its common seal and in the same
manner may vary or discharge the same.
Any contract which if made between private persons would be by law
required to be in writing and signed by the parties thereto the
Commission may make in writing in its corporate name signed by
any two commissioners and in like manner may vary or discharge
the same.
Any contract which if made between private persons would be by law
valid although made by parol only and not reduced into writing the
commissioners or any two of them of whom the chairman shall be
one acting by direction and on behalf of the Commission may make
by parol only without writing and in like manner may vary or
discharge the same.
3. All contracts so made and duly executed by the parties thereto respectively Effect of
so
shall be effectual in law and binding on the Commission and all other parties contracts
thereto their successors heirs executors or administrators (as the case may be). made &c.
In case of default in the execution of any such contract either by the Commission
or by any other party thereto, such actions or suits may be instituted either by or
against the Commission in its corporate name or by or against the other parties
failing in the execution thereof and such damages and costs recovered as might be
instituted and recovered had the like contract been made between private persons.
4. It shall be lawful for the Commission at a meeting specially called for that
purpose from time to time to compound and agree with any person who has
entered into any contract with the Commission pursuant to the said Act or against
whom any action or suit is brought for any penalty contained in any such contract
or in any bond or other security for the performance thereof or for or on account
of any breach or non-performance of any such contract bond or security for such
sum of money or other recompense as the Commission thinks proper.
p o w e r of
Commission
'° c g mp S? n f
^nt/aS. °
PART C.—SEAL, LEGAL PROCEEDINGS, EVIDENCE, ETC.
1. All courts judges and persons acting judicially shall take judicial notice of
the common seal of the Commission affixed to any deed and shall presume that
such seal was properly affixed thereto.
Judicial notice
of common
seal of
Commission.
2. (1) Any notice summons writ or other proceeding required to be served Service of
upon the Commission may be served by being given personally to the chairman notices and
legal
or secretary of the Commission.
proceedings.
(2) Save as otherwise expressly provided any notice or demand required by On owners
the Forests Act 1958 to be given or served on the owner or occupier of any land or occupiers.
or tenement may (in addition to or instead of any other mode of service) be
served by post by pre-paid letter addressed to the owner or occupier, and in
proving the service it shall be sufficient to prove that the notice or demand was
properly addressed to the owner or occupier and was put into the post.
3. Every notice order summons or other document requiring authentication Documents
by the Commission may be sufficiently authenticated without the seal of the how
Commission if signed by the secretary of the Commission.
authenticated.
4. The Commission may order either generally or in any particular case that Power to
proceedings be taken for the recovery of any penalties incurred under or for the direct
punishment of any persons offending against the Forests Act 1958 or under or Prosecutions,
against any regulation made under the powers conferred by the said Act.
334
1958.
Forests.
No. 6254
FOURTH SCHEDULE—continued.
Power of
officer to
represent
Commission
in petty
sessions.
Proof of
certain
matters not
required.
5. In all proceedings before justices or in any court of petty sessions any
officer of the Commission appointed by the chairman in writing under his hand
for that purpose may represent the Commission in all respects as though such
officer was the party concerned.
6. (1) In any prosecution or legal proceeding under the provisions of the
Forests Act 1958 instituted by or under the direction of the Commission no proof
shall be required (until evidence is given to the contrary) of—
(a) the persons constituting the Commission;
(6) any order of the Commission to prosecute;
(c) the particular or general appointment of the secretary or any other
officer of the Commission to take proceedings against any person;
(d) the powers of the said secretary or other officer to prosecute;
(e) the appointment of the chairman or of the secretary or other officer
of the Commission; or
(/) the presence of a quorum at any meeting at which any order is made
or any act is done by the Commission.
Evidence of
regulations
&c.
(2) The production of—
a copy of the Government Gazette containing any rule regulation order or
notice purporting to have been made or given under any of the
provisions of the Forests Act 1958; or
a copy purporting to be a true copy of any such rule regulation order or
notice certified as such under the hand of the secretary of the
Commission—
shall be evidence until the contrary is proved of the due making existence
confirmation approval and giving of such rule regulation order or notice and of
all preliminary steps necessary to give full force and effect to the same.
Evidence as
to State
forests.
(3) In any prosecution or legal proceedings under the provisions of the
Forests Act 1958 a statement by any forest officer that any area is a State forest
shall be sufficient evidence of such fact until the contrary is shown.
Evidence of
documents
issued by the
Commission.
7. All documents whatever purporting to be issued or written by or under
the direction of the Commission and purporting to be signed by the secretary of
the Commission shall be received as evidence in all courts and before all persons
acting judicially within Victoria and shall without proof be deemed to have been
issued or written by or under the direction of the Commission until the contrary
is shown.
Protection of
commissioners
officers &c
8. No matter or thing done by any commissioner or by any officer or other
person appointed or employed by the Commission if done bona fide in the
exercise of his powers or in the performance of his duties under the Forests Act
1958 shall subject such commissioner officer or other person to any personal
liability in respect thereof.(a)
(a) See Crown Proceedings Act 1958, sections 22, 23.