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Conservation, Forests and Lands (Infringement Notice) Amendment Regulations 2012

S.R. No. 93/2012

TABLE OF PROVISIONS

Regulation Page

1 Objective 12 Authorising provision 13 Commencement 14 Principal Regulations 25 Schedule 2—Forests—new items inserted 26 Schedule 2—Wildlife—new item inserted 57 Schedule 2—National Parks—new items inserted 58 Schedule 2—Reservoir Parks Land—items revoked 69 Schedule 2—Crown land—new items inserted 610 Schedule 2—Crown Land—items substituted 9

═══════════════ENDNOTES 15

1

STATUTORY RULES 2012

S.R. No. 93/2012

Conservation, Forests and Lands Act 1987


The Governor in Council makes the following Regulations:

Dated: 28 August 2012

Responsible Minister:

RYAN SMITHMinister for Environment and Climate Change

MATTHEW McBEATHClerk of the Executive Council

1 Objective

The objective of these Regulations is to amend Schedule 2 to the Conservation, Forests and Lands (Infringement Notice) Regulations 2002—

(a) to prescribe further offences against a relevant law for which an infringement notice may be served; and

(b) to prescribe penalties for those offences.

2 Authorising provision

These Regulations are made under section 99 of the Conservation, Forests and Lands Act 1987.

3 Commencement

These Regulations come into operation on 1 September 2012.

1

4 Principal Regulations

In these Regulations, the Conservation, Forests and Lands (Infringement Notice) Regulations 20021 are called the Principal Regulations.

5 Schedule 2—Forests—new items inserted

(1) In Schedule 2 to the Principal Regulations, before item 89 insert—

"83 3387 An offence under section 57Q(1) of the Forests Act 1958

4 penalty units

cut or take away 2 cubic metres or less of fallen or felled trees in State forest

84 3388 An offence under section 57W(1) of the Forests Act 1958

4 penalty units

in a firewood collection area during a firewood collection season, cut or take away 2 cubic metres or less of fallen or felled trees unless—

(a) the person is a member of a class specified in a determination made under section 57U of the Forests Act 1958; or

(b) the person is a nominee and the nominating person is a member of a class specified in the determination

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85 3389 An offence under section 57X(1) of the Forests Act 1958

4 penalty units

in any one or more firewood collection areas during a firewood collection season applying to the area or areas, cut or take away more than 2 cubic metres but less than 4 cubic metres of fallen or felled trees in a day

86 3390 An offence under section 57ZD(1) of the Forests Act 1958

2 penalty units

in a firewood collection area during a firewood collection season, cut or take away fallen or felled trees that are visibly hollow


2 penalty units

in a firewood collection area during a firewood collection season, cut or take away fallen or felled trees growing moss or fungi


2 penalty units

in a firewood collection area during a firewood collection season, fell, cut, chop, break off, dent, scrape or push over a standing tree (whether living or dead) that has a diameter of up to 15 centimetres at a height of 1·3 metres above the ground".

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(2) In Schedule 2 to the Principal Regulations, after item 131T insert—

"131U 3393 An offence under regulation 7(1) of the Forests (Domestic Firewood) Regulations 2012

4 penalty units

within a firewood collection area during a firewood collection season, cut or take away fallen or felled trees within 20 metres of a watercourse

131V 3394 An offence under regulation 7(2) of the Forests (Domestic Firewood) Regulations 2012

2 penalty units

within a firewood collection area during a firewood collection season, tow or winch fallen or felled trees along the ground

131W 3395 An offence under regulation 7(3) of the Forests (Domestic Firewood) Regulations 2012

4 penalty units

bring heavy machinery into a firewood collection area during a firewood collection season

131X 3396 An offence under regulation 7(4) of the Forests (Domestic Firewood) Regulations 2012

4 penalty units

operate heavy machinery in a firewood collection area during a firewood collection season

131Y 3397 An offence under regulation 7(5) of the Forests (Domestic Firewood) Regulations 2012

1 penalty unit

within a firewood collection area during a firewood collection season, fill a chainsaw with oil or fuel unless the chainsaw is situated on an impermeable surface".

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6 Schedule 2—Wildlife—new item inserted

In Schedule 2 to the Principal Regulations, before item 153 insert—

"152L 3398 An offence under section 21AA(1) of the Wildlife Act 1975

4 penalty units

cut or take away 2 cubic metres or less of fallen or felled trees in a State Wildlife Reserve or a Nature Reserve".

7 Schedule 2—National Parks—new items inserted

(1) In Schedule 2 to the Principal Regulations, after item 216 insert—

"216AA 3399 An offence under section 44A(1) of the National Parks Act 1975

4 penalty units

in a park, cut or take away 2 cubic metres or less of fallen or felled trees".

(2) In Schedule 2 to the Principal Regulations, after item 242K insert—

"242L 9296 An offence under regulation 63(1) of the National Parks (Park) Regulations 2003

1·25 penalty units

occupy an occupation site other than in accordance with an occupation permit issued under section 21(1) of the National Parks Act 1975

242M 9297 An offence under regulation 64(1) of the National Parks (Park) Regulations 2003

1·25 penalty units

fail to pay the fee or charge determined for the permit under section 21(2) of the National Parks Act 1975

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242N 9298 An offence under regulation 66(1) of the National Parks (Park) Regulations 2003

1·25 penalty units

fail to pay fee or charge for the use of any services, facilities or goods in a park for which a fee or charge has been determined by the Minister under section 21(3) of the National Parks Act 1975".

8 Schedule 2—Reservoir Parks Land—items revoked

Items 258 to 282 of Schedule 2 to the Principal Regulations are revoked.

9 Schedule 2—Crown land—new items inserted

In Schedule 2 to the Principal Regulations, after item 284 insert—

"285 3400 An offence under section 21L(1) of the Crown Land (Reserves) Act 1978

4 penalty units

cut or take away 2 cubic metres or less of fallen or felled trees from land reserved under the Crown Land (Reserves) Act 1978

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286 9286 An offence under section 21R(1) of the Crown Land (Reserves) Act 1978

4 penalty units

in a firewood collection area during a firewood collection season, cut or take away 2 cubic metres or less of fallen or felled trees unless—(a) the person

is a member of a class specified in a determination under section 21P of the Crown Land (Reserves) Act 1978; or

(b) the person is a nominee and the nominating person is a member of a class specified in the determination

287 9287 An offence under section 21S(1) of the Crown Land (Reserves) Act 1978

4 penalty units

in any one or more firewood collection areas during a firewood collection season applying to the area or areas, cut or take away more than 2 cubic metres but less than 4 cubic metres of fallen or felled trees in a day

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288 9288 An offence under section 21X(1) of the Crown Land (Reserves) Act 1978

2 penalty units

in a firewood collection area during a firewood collection season, cut or take away fallen or felled trees that are visibly hollow


2 penalty units

in a firewood collection area during a firewood collection season, cut or take away fallen or felled trees growing moss or fungi


2 penalty units

in a firewood collection area during a firewood collection season, fell, cut, chop, break off, dent, scrape or push over a standing tree (whether living or dead) that has a diameter of up to 15 centimetresat a height of 1·3 metres above the ground

291 9291 An offence under regulation 6(1) of the Crown Land (Reserves) (Domestic Firewood) Regulations 2012

4 penalty units

within a firewood collection area during a firewood collection season, cut or take away fallen or felled trees within 20 metres of a watercourse

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2 penalty units

within a firewood collection area during a firewood collection season, tow or winch fallen or felled trees along the ground


4 penalty units

bring heavy machinery into a firewood collection area during a firewood collection season


4 penalty units

operate heavy machinery in a firewood collection area during a firewood collection season


1 penalty unit

within a firewood collection area during a firewood collection season, fill a chainsaw with oil or fuel unless the chainsaw is situated on an impermeable surface".

10 Schedule 2—Crown Land—items substituted

(1) In Schedule 2 to the Principal Regulations—

(a) in item 305ZZZL, for "6837" substitute "9273";

(b) in item 305ZZZM, for "6838" substitute "9274";

(c) in item 305ZZZN, for "6839" substitute "9275";

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(d) in item 305ZZZO, for "6840" substitute "9276";

(e) in item 305ZZZP, for "6841" substitute "9277";

(f) in item 305ZZZQ, for "6842" substitute "9278".

(2) In Schedule 2 to the Principal Regulations, for item 305ZZZR substitute—

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"305ZZZR 9279 An offence under section 13(6) of the Crown Land (Reserves) Act 1978 constituted by a contravention of regulation 14(1) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2010

1·25 penalty units

as a person in control of a dog, horse or other animal in the Phillip Island Nature Park, fail to collect and remove any faeces deposited in the Park by that dog, horse or other animal".

(3) In Schedule 2 to the Principal Regulations—

(a) in item 305ZZZS, for "6844" substitute "9280";

(b) in item 305ZZZT, for "6845" substitute "9281";

(c) in item 305ZZZU, for "6846" substitute "9282";

(d) in item 305ZZZV, for "6847" substitute "9283";

(e) in item 305ZZZW, for "6848" substitute "9284";

(f) in item 305ZZZX, for "6849" substitute "9285".

(4) In Schedule 2 to the Principal Regulations, for item 305ZZZZA substitute—

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"305ZZZZA 9098 An offence under section 13(6) of the Crown Land (Reserves) Act 1978 constituted by a contravention of regulation 18(4) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2010

1·25 penalty units

as a person who camps in an area of the Phillip Island Nature Park set aside for camping under regulation 18(1) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2010 or in accordance with a permit issued under regulation 18(3) of those Regulations, fail to maintain the campsite in a clean and tidy condition and, before vacating the campsite, fail to clear his or her litter and personal equipment from the site".

(5) In Schedule 2 to the Principal Regulations, for item 305ZZZZJ substitute—

"305ZZZZJ 9157 An offence under section 13(6) of the Crown Land (Reserves) Act 1978 constituted by a contravention of regulation 27(1)(a) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2010

1·25 penalty units

possess, carry or use poison in the Phillip Island Nature Park other than in accordance with regulation 27(3) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2010".

(6) In Schedule 2 to the Principal Regulations, for item 305ZZZZL substitute—

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"305ZZZZL 9159 An offence under section 13(6) of the Crown Land (Reserves) Act 1978 constituted by a contravention of regulation 27(1)(d) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2010

1·25 penalty units

possess, carry or use a trap, snare, net or similar equipment in the Phillip Island Nature Park other than in accordance with regulation 27(2) or (3) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2010".

(7) In Schedule 2 to the Principal Regulations, for items 305ZZZZO and 305ZZZZP substitute—

"305ZZZZO 9162 An offence under section 13(6) of the Crown Land (Reserves) Act 1978 constituted by a contravention of regulation 33 of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2010

1·25 penalty units

use or dispose of any soap, detergent or similar substance in the Phillip Island Nature Park within 50 metres of any sea, river, stream, creek, well, spring, dam, lake, reservoir, bore or waterbody

305ZZZZP 9163 An offence under section 13(6) of the Crown Land (Reserves) Act 1978 constituted by a contravention of regulation 34(2) of the Crown Land (Reserves) (Phillip Island Nature Park) Regulations 2010

1·25 penalty units

as a person who occupies or uses an area of the Phillip Island Nature Park, fail to remove all his or her litter from the site before vacating".

(8) In Schedule 2 to the Principal Regulations, for item 305ZZZZZB substitute—

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"305ZZZZZB 9175 An offence under section 13(6) of the Crown Land (Reserves) Act 1978 constituted by a contravention of regulation 15 of the Crown Land (Reserves) (Yarra Park) Regulations 2010

1·25 penalty units

as a person in charge of any animal in the Yarra Park Reserve, fail to collect and remove any excrement left in the Park by that animal or fail to ensure that the excrement is placed in a receptacle provided in the Park for that purpose".

(9) In Schedule 2 to the Principal Regulations, for item 305ZZZZZV substitute—

"305ZZZZZV 9195 An offence under section 13(6) of the Crown Land (Reserves) Act 1978 constituted by a contravention of regulation 25(1) of the Crown Land (Reserves) (Yarra Park) Regulations 2010

1·25 penalty units

plant or introduce any flora in or into the Yarra Park Reserve other than in accordance with a permit issued by the Committee".

(10) In Schedule 2 to the Principal Regulations, for items 305ZZZZZZC and 305ZZZZZZD substitute—

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"305ZZZZZZC 9202 An offence under section 13(6) of the Crown Land (Reserves) Act 1978 constituted by a contravention of regulation 30(1)(a) of the Crown Land (Reserves) (Yarra Park) Regulations 2010

1·25 penalty units

possess, carry or use poison in the Yarra Park Reserve other than in accordance with a permit issued by the Committee

305ZZZZZZD 9203 An offence under section 13(6) of the Crown Land (Reserves) Act 1978 constituted by a contravention of regulation 30(1)(c) of the Crown Land (Reserves) (Yarra Park) Regulations 2010

1·25 penalty units

possess, carry or use a trap, snare, net or similar equipment in the Yarra Park Reserve other than in accordance with a permit issued by the Committee".

═══════════════

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ENDNOTES

Endnotes S.R. No. 93/2012


16

1 Reg. 4: S.R. No. 48/2002. Reprint No. 2 as at 9 February 2007. Reprinted to S.R. No. 150/2006. Subsequently amended by S.R. Nos 14/2009, 37/2010, 58/2010 and 86/2011 and extended in operation by S.R. No. 54/2012.

——

Penalty Units

These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.

In accordance with section 11 of the Monetary Units Act 2004, the value of a penalty unit for the financial year commencing 1 July 2012 is $140.84.

The amount of the calculated penalty may be rounded to the nearest dollar.

The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.

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