no. 6254. forests act 1958. an act to consolidate the law ... · 1958. forests. no. 6254 273 no....
TRANSCRIPT
1958. Forests. No. 6254 273
No. 6254.
FORESTS ACT 1958.
An Act to consolidate the Law for the Management and Protection of State Forests.
[30th September, 1958.]
BE it enacted by the Queen's Most Excellent Majesty by and with the advice and consent of the Legislative Council and
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-
Governor in Council published in the Government Gazette. mem' 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to the extent thereby expressed to be repealed are hereby repealed IcSduie.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(a) all persons things and circumstances appointed or created by or under either of the repealed Acts or existing or continuing under either of such Acts immediately before the commencement of this Act shall under and subject to this Act continue to have the same status operation and effect as they respectively would have had if such Acts had not been so repealed ;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.
3. (1) In this Act, unless inconsistent with the context or subject-matter—
' Act."
' Cattle."
' Chairman.'
" Commission."
" Commissioner."
" Department."
" Fire protected area."
Act" 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 275
" 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.
' Firewood."
" Forest officer."
" Forest produce " in reserved forest.
" Forest produce " in protected forest.
" Inflammable material."
" Lease " " licence '
' Minister."
" Minister of Lands."
" National park."
276 1958. Forests. No. 6254
1 Prescribed.'
" Prohibited period."
" Protected forest."
" Regulations."
" Reserved forest."
Second Schedule.
Third Schedule.
' Scrub."
" State forest."
' Stubble.'
' Timber."
'Tree.'
" Working plan."
"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 prohibited area (other than a State forest or national park) and, without period-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 of the Minister of Forests and the Chief Secretary at any time by Order published in the Government Gazette excise from any fire protected area the whole or part of any urban fire districts proclaimed as such under the Country Fire Authority Act 1958 or any corresponding previous enactment.
Provision for excision of urban fire districts from fire protected area.
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 Business of Forests Department. No. 6073 s. 5.
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.
(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
cr 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 > ^ o r c e
aid and assist the commissioners and the officers of the Department {;°mm! .°Jers
in executing their duties under this Act.
278 1958. Forests. No. 6254
Forests Department not to control mining.
No. 6073 s. 6.
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.
Exercise of mining rights subject to certain conditions.
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.
(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 ) The 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.
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.
(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.
Establishment (3 ) The Forests Commission is hereby declared to have been Commission, first constituted under the Forests Act 1918 on the first day of
October One thousand nine hundred and nineteen.
Constitution of Forests Commission.
Power to appoint commissioners and chairman and to fill vacancies.
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 commis-for any further term not exceeding five years, eligible for
re-appointment.
13. A commissioner shall not in respect of his office as such be commis-subiect 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 commis-commissioner from his office on an address praying for such hoTrcmoved removal being presented to the Governor by the Legislative 0?s™spTnded. Council and the Legislative Assembly respectively in the same NO. 6073 s. 14. 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.
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.
Office of commissioner how vacated.
16. (1) No undischarged or uncertificated bankrupt or insolvent shall be capable of being appointed a commissioner.
(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
commissioners.
(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 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.
(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.
No. 6073 s. 18.
282 1958. Forests. No. 6254
Poweno 19. The Governor in Council may by Order published in the place forest produce on Government Gazette direct that the forest produce on any catchment areas under catchment area now or hereafter managed or controlled by any commission. Authori ty within the meaning of the Water Act 1958 shall with No. 6073 s. 19. the consent of such Authori ty subject to such conditions as the
Governor in Council thinks fit be placed under the control and management of the Commission.
fnddXeTo? 2 0 . Subject to this Act the Commission shall out of such commission, moneys as are legally available make provision for the following, No. 6073 s. 20. n a m e l y ; _
(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 2 1 . ( 1 ) Subject to this Ac t the Commission m a y — commission. ( a ) permit the taking or converting of any timber or No. 6073 s. 21 Qtjjgj. forest produce in any State forest at no t 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. Forests. No. 6254 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 construct purchase or operate tramways shall notwithstanding Jr
3anmwa?s*c'
anything in any Act include power— alonB roads-(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 Non-constructed or purchased by the Commission pursuant to this Act appUcatlon-or any corresponding previous enactment.
284 1958. Forests. No. 6254
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 works-No. 6073 s. 23.
Sanction of Minister for certain contracts.
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.
(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.
1958. Forests. No. 6254 285
24. Subject to the Minister the Commission shall in addition Powers &c. of to the powers duties and authorities conferred or imposed upon Department3
it by this or any other Act ( a ) also administer the provisions of any ™ ^ SA ^
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 commfiion out any matter of general policy specified by the Minister, and S?atterao!in
if the Minister approves of the same he may direct the Commission p°licy-to take all necessary steps to carry out the same. No- 6073s-25-
(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 1958. Forests. No. 6254
Saving of rights to officers of the public service appointed as commissioners. No. 6073 s. 28.
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.
Pension rights &c. of officer reserved.
(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.
Entry of payments.
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.
(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.
Payments into fund.
30. (1) There shall be established and kept in the Treasury an account to be called the Forestry 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 287
(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 Purposes of only for the payment thereout in each financial year of such sums fun * 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.
31 . (1) There shall be established and kept in the Treasury f2srefn
ssf
ore' 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
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.
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.
Forests Plain and Machinery Fund. No. 6073 s. 32.
Books of account. No. 6073 S. 33. Moneys collected to be paid to public account.
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 c°rmj™si
t°n
duties conferred or imposed upon it under this Act shall consider Minister on and report to the Minister upon all questions and matters arising matte'rs. out of or relating to— No-6073 s-34-
(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 Recom-recommendation it deems advisable. confrSonV
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.
v2) 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.
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)
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.
(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.
(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.
Provisions of Fourth Schedule (meetings, contracts procedure <5c.) incorporated. No. 6073 s. 36. Minutes of proceedings of Commission. No. 6073 s. 37.
Minister to have reports &c. and assistance of officers and employes under the Commission.
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 Act 1958 is hereby incorporated with this Act and so far as is %>™r""ati°n
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
Lessee &c. of forest tramway to permit other lessees &c. to transport forest produce thereby.
No. 6073 s. 39.
Application of Part V. of Tramways Act as to private tramways.
Power of Commission to grant permits with respect to forest tramways.
Tramways.
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.
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.
(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 293
(3) Notwithstanding anything in any Act when any tramway Leases&c.of or proposed tramway in any State forest or partly in any such throughys
forest and partly on other Crown land or private land or any road private lands is used or proposed to be used wholly or partly for the transport fo fproduce of forest produce every lease licence permit or authority (including condition" as any delegation under the Tramways Act 1958 of any authority to J° t ^ n ^ construct maintain and manage any tramway, and any assignment £h£,rt
gc!c 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.
294 1958. Forests. No. 6254
Power to make . regulations.
Power to transport forest produce and certain commodities on tramways under this section.
(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:
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.
(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.
Power to make regulations as to classification grading and naming of Victorian timbers &c. No. 6073 s. 40.
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
Victorian timbers and forest produce
traeeto°namee' person who on or after a date to be proclaimed for the purpose 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. No. 6254
Power to excise lands required for springs beauty spots townships schools Ac-
Power to acquire alienated land &c. by exchange.
Certain lands in permanent forests &c. deemed to be unoccupied Crown lands for certain purposes although occupied as residence areas &c.
(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.
(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.
(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.
(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 Timber hereinafter provided all unoccupied Crown land within the areas ^ a m s 43 mentioned in the Third Schedule to this Act shall be timber Third reserves. schedule.
(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.
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 recommendation of the Minister of Forests and the Minister of Lands at any time by order published in the Government Gazette dedicate either as a permanent forest or as a timber reserve any area of Crown land including an area which has been theretofore 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 preceding sub-section the Governor in Council may subject to this Act upon the joint recommendation of the responsible Ministers of the Crown for the time' being administering the 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.
Future dedication ot additional land for forest or timber reserve. No. 6073 s. 45.
Unoccupied watershed areas suitable for dedication as permanent forests.
298 1958. Forests. No. 6254
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.
Recommendation ol Forests Commission after consultation with Minister of Lands necessaiy for certain exchanges and purchases of land.
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.
Power to exchange forest lands for unoccupied Crown lands. No. 6073 s. 49.
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"|n^f
of any such Order in the Government Gazette, such Order shall a°dededication come into force, whereupon— as perman?nt
forest. (a) the area of land therein described in the reserved 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 Appointment Commission may appoint any number of persons not less than of manage-three to be a committee of management of any land forming S SiS* part of any reserved forest such land being a place of natural foresTs.d
beauty or interest or a health resort and may remove any of such No. «ra s. so. persons.
(2) The Governor in Council may make rules and regulations Power to _ j <•„ Governor in
in-regard to— council to (a) the care protection and management of such land a"nde
by the committee; [hfcon'S™for
(b) the preservation of good order and decency therein; management v ' j J of such lands.
and
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.
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—
(b)
(c)
of any area for the grazing of cattle; 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
for any purpose and area for which a lease may be granted under Division nine of Part I. of the Land Act 1958.
Licences and permits with respect to forests. No. 6073 s. 52.
In reserved forest.
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 to cut dig and take away forest produce. forest-
(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 Power to . section fifty-one of this Act or any licence or permit under feas™1 certa,n
sub-paragraphs (ii) (iii) (iv) (vi) or (vii) of paragraph (a) pl"St°or
or under paragraph (b) of section fifty-two hereof is granted, the taeun"e°r
nor
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 or assessed, as the Commission thinks fit, on timber standing or in ?oy"tyng
the log or on the quantity of merchantable timber produced after on timber-conversion 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 timber
cutting of timber or to thin out and remove trees or to cut and condiX1 *•= take away timber may contain a covenant or condition in the agSTos™ prescribed form to insure in the name of the Commission, when before&c
required by the Commission, against loss by fire or otherwise J ^ S o f
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 com- 5 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.
56 . 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.
57 . 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.
Proclamation of protected forests. No. 6073 s. 58.
Publication of proclamation.
Forest produce in protected forest subject to Forests Department.
Protected 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. No. 6254 303
(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.
59. (1) No person shall fell girdle ringbark injure destroy or protected remove any growing tree or any timber in any protected forest projected without a permit in writing from the Commission or from some forests-forest officer duly authorized by the Commission to give such No-6073s-59-permits.
(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 be) a reserved tree or a reserved kind or class
of tree until the contrary is shown.
As to declaration of unoccupied Crown land as protected forest.
301 1958. Forests. No. 6254
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 and 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 or national &c. fires in park certain areas,. r
No. 6073 s. 63. ( a ) without being thereunto authorized in writing by 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 any fire lit 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.
(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. No. 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 64 . ( 1 ) Whenever the Commission reports to the Minister SSo'fblirenof that a condition of acute fire danger exists or is likely to exist nKdan^t m a n y fire protected area or part of a fire protected area the exists. Minister may by notice— No. 6073 8. 64. 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 Power to published in the Government Gazette specify the names of forest authorize officers for the purposes of this sub-section; and every forest fSresfcmcers officer so specified shall thereupon be authorized, in any case suspension of where he is of opinion that a condition of acute fire danger j j** j^ < t
exists in any district under his control, by notice to direct any 2*j5eflf£
ute
person who is engaged within any fire protected area in any danger. 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.
308 1958. Forests. No. 6254
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 Racing prohibited period for the purpose of causing any fire and with ™Kafore
intent thereby to injure any forest produce or any property puts or ofecSf places any match or inflammable material or combustible substance fire&c-
matter or thing in such a position that— N°'6073 s'66-
(a) a fire is likely to be caused; or
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 formms.
industrial operations in any State forest or carrying N o-e m *m-on 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 ProVuions shall derogate from any other of the fire prevention provisions off^eV0
of this Act or from any penal provisions of any other Act or "gJjJSifiJf enactment relating to fires or the careless negligent or criminal provisions, ruse of fire. No.6073S.79.
312 1958. Forests. No. 6254
Liability of Commission for damage caused by lire. No. 6073 s. 71.
(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.
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
forests. No. 6073 s. 73.
(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
boundaries of any State forest shall within one month of the 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 deposited with such alterations modifications and substitutions as are !S?ge3rdscaaiento0 necessary extend and apply to all maps o r parts thereof— be prima facts evidence. (a) certified under the hand of the Surveyor-General or
the person for the time being acting as the Surveyor-General to be reproductions of such original maps or parts thereof but drawn correctly to a larger scale than such originals; and
(b) accompanied by copies of the original maps or parts thereof drawn to the same scale as the original maps or parts thereof and certified as provided for in sub-section ( 2 ) of this section.
General.
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.
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.
Power for court of petty sessions to order removal of unauthorized buildings Ac in reserved forest. No. 6073 8. 74.
Production of licence &c. on demand. No. 6073 s. 75.
1958. Forests. No. 6254 315
76. (1) No person shall ringbark sapring or girdle or Astoiniuring otherwise kill destroy damage or injure any growing tree on any Crown lands Crown lands the subject of a grazing licence under Division lh|r
sarin|ctof
eight of Part I. of the Land Act 1958 except in pursuance of a llcen"' permit so to do granted under this Act. °' s '7 '
(2) Notwithstanding anything in any Act the Commission or Gram of any person authorized by it in that behalf may grant in respect emission of any such lands or any portion thereof permits to ringbark per^
orized
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 Penalty, 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.
77. (1) Notwithstanding anything in any Act or any by-law Prohibition of lease licence permit right or authority thereunder (but, with timber &c. on respect to main roads and State highways within the meaning of w1thoStrthaeds
the Country Roads Act 1958, subject to the provisions of that «*">**<>r Act) no person shall without the authority in writing of the ^"^f'01^ Commission mark bark ringbark sapring girdle fell cut split "~ "m""" 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:
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.
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
Power of forest officer. No. 6073 s. 78.
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 crown lands 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— ftcueen«nnot's
(a) sell by auction any forest produce; and fore^officer (b) for the purposes of section fifty-three of this Act produce&c.
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.
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
No. 6073 s. 79.
(2) Any forest officer or member of the police force may p°^fnrf°rest
stop or detain any forest produce within the boundaries of any Pr<xi"c°ns
forest or upon any Crown land or public highway within or abutting on any such forest.
(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
(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.
(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.
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 tobl'd^med6 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.
Power of court as to unlawful possession of forest produce.
Offence to remove forest produce from forest by forbidden routes or at night-time or on Sunday.
Payment of dues and charges. No. 6073 8. 80.
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 of the police force stating his belief that forest produce, liable to the payment of any royalty fees dues or charges, is secreted in any place other than a forest any justice may issue a warrant to search for such forest produce.
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.
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.
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.
Search warrant for secreted forest produce. No. 6073 s. 83
Restriction on dealings by forest officers. No. 6073 s. 84.
Agistment fees chargeable for cattle in reserved forest. No. 6073 s. 85.
320 1958. Forests. No. 6254
Power of grazing lessee or licensee to impound.
No. 6073 s. 87.
Penalty for unauthorized occupation or depasturing on reserved forests. No. 6073 s. 88.
Unbrandcd wild cattle to belong to Crown. No. 6073 s. 89.
Encouragement of tree planting for mining or commercial purposes. No. 6073 s. 90.
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.
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.
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.
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.
1958. Forests. No. 6254 ,321
Provision of trees for State school plantations and application of Forestry Fund towards meeting cost of establishing same. No. 6073 s. 91.
91. Where the Education Department has arranged for the establishment of plantations of forest trees and plants (whether on lands vested in the Minister of Education or otherwise) and the planting and care thereof by State school pupils and teachers and members of school committees under the Education Act 1958, or in any cases where committees of management of forest plantations referred to in the next succeeding section have been 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
(c) the council of any municipality (including the city of Melbourne and the city of Geelong) may apply any portion of the municipal fund or town fund of such municipality for the purposes of any such 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 to section fourteen of the Land Act 1958 for the purposes of a State school forest plantation the committee of management thereof appointed pursuant to section one hundred and eighty-four of the said Act may consist of—
(c) the persons for the time being holding the offices of— (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, foiSfror and the Minister on the recommendation of the Commission panutions
Power of councils to pay moneys tor purposes of plantations * c
As to constitution of committee . of management of land reserved for forest plantations for State schools. No. 6073 s. 92.
VOL. III.—11
322 1958. Forests. No. 6254
Sale of produce of plantation and application of proceeds.
Power to make regulations.
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.
Provision for grant of lease, and term and area thereof. No. 6148 ss. 2,3,4.
Conditions of lease.
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 resistered-of 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 NTWWT^ 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 1958. Forests. No. 6254
(c) furnishes information or particulars which is or are not correct—
shall be guilty of an offence against this Act. potms. (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. 96. Every person who commits or attempts to commit or aids NO. 6073 s. 95. o r 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
Powers of entry by Commission officers &c. No. 6073 s. 94.
Obstructing Commission officers Ac
1958. Forests. No. .6254
forest officers to indicate that forest produce is the property of the Crown or that it may be lawfully cut or removed;
(c) Counterfeits or without due authority issues any licence permit or order for the cutting removal or sale of forest produce;
(d) 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;
(c) 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;
(g) 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;
(h) 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;
(i) 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. N o . 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 or 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 or the carcass of any dead cattle.
General 9 7 . ( 1 ) Every person who contravenes or causes the offencefor contravention of or neglects or fails to comply with any of the *8ai^^ct 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.
AS to axing ( 4 ) Where in pursuance of the provisions of this section the t o S S 0 " 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 •.i_ • A j. i ..• ii j o n hearing of this Act or any regulation thereunder— information
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 1958. Forests. 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 Act ;
(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 WQ. (1) The Governor in Council may make regulations for relation* as ° r with respect t o — to eradication
&c. of tree ( a ) securing— pests diseases ' a
in timber &c. (j) t h e 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.
" Timber " includes any timber imported into Victoria.
" 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.
' Disease.'
" Diseased."
' Fungus."
1 Insect."
' Timber."
• 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. Title of Act. Extent of Repeal.
6073 . .
6148 . .
Forests Act 1957
Forests (Mount Buller Lease) Act 1957
The whole.
The whole.
Sections 3 & 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.
FOURTH SCHEDULE.
PART A.—MEETINGS OF THE COMMISSION.
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.
(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.
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.
Section 36.
Quorum.
Validity of proceedings and acts.
Chairman to preside at meetings.
Senior commissioner in absence of chairman.
Casting vote.
1958. Forests. No. 6254 333
FOURTH SCHEDULE—continued.
Mode of entering into contracts.
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 contracts may be exercised as follows:—
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 shall be effectual in law and binding on the Commission and all other parties thereto their successors heirs executors or administrators (as the case may be). 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 p o w e r of purpose from time to time to compound and agree with any person who has Commission entered into any contract with the Commission pursuant to the said Act or against '° cgmpS?nf whom any action or suit is brought for any penalty contained in any such contract ^nt/aS. ° 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.
Effect of contracts so made &c.
Judicial notice of common seal of Commission. Service of notices and legal proceedings.
On owners or occupiers.
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.
2. (1) Any notice summons writ or other proceeding required to be served upon the Commission may be served by being given personally to the chairman or secretary of the Commission.
(2) Save as otherwise expressly provided any notice or demand required by the Forests Act 1958 to be given or served on the owner or occupier of any land 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.
Evidence of regulations &c.
Evidence as to State forests.
Evidence of documents issued by the Commission.
Protection of commissioners officers &c
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.
(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.
(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.
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.
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.