Conservation, Forests and Lands (Infringement
Notice) Amendment Regulations 2012
S.R. No. 93/2012
TABLE OF PROVISIONS
Regulation
Page
1
2
3
4
5
6
7
8
9
10
Objective
Authorising provision
Commencement
Principal Regulations
Schedule 2—Forests—new items inserted
Schedule 2—Wildlife—new item inserted
Schedule 2—National Parks—new items inserted
Schedule 2—Reservoir Parks Land—items revoked
Schedule 2—Crown land—new items inserted
Schedule 2—Crown Land—items substituted
═══════════════
ENDNOTES
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1
1
1
2
2
5
5
6
6
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15
STATUTORY RULES 2012
S.R. No. 93/2012
Conservation, Forests and Lands Act 1987
Conservation, Forests and Lands (Infringement
Notice) Amendment Regulations 2012
The Governor in Council makes the following Regulations:
Dated: 28 August 2012
Responsible Minister:
RYAN SMITH
Minister for Environment and Climate Change
MATTHEW McBEATH
Clerk 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
Conservation, Forests and Lands (Infringement Notice) Amendment
Regulations 2012
r. 4
S.R. No. 93/2012
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
2
Conservation, Forests and Lands (Infringement Notice) Amendment
Regulations 2012
r. 5
S.R. No. 93/2012
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
87
3391
An offence under
section 57ZD(2) 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
growing moss or
fungi
88
3392
An offence under
section 57ZD(3) of
the Forests Act
1958
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".
3
Conservation, Forests and Lands (Infringement Notice) Amendment
Regulations 2012
r. 5
S.R. No. 93/2012
(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".
4
Conservation, Forests and Lands (Infringement Notice) Amendment
Regulations 2012
r. 6
S.R. No. 93/2012
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
5
Conservation, Forests and Lands (Infringement Notice) Amendment
Regulations 2012
r. 8
S.R. No. 93/2012
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
6
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
Conservation, Forests and Lands (Infringement Notice) Amendment
Regulations 2012
r. 9
S.R. No. 93/2012
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
7
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
Conservation, Forests and Lands (Infringement Notice) Amendment
Regulations 2012
r. 9
S.R. No. 93/2012
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
289
9289
An offence under
section 21X(2) 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 growing moss
or fungi
290
9290
An offence under
section 21X(4) of
the Crown Land
(Reserves) Act
1978
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
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
8
Conservation, Forests and Lands (Infringement Notice) Amendment
Regulations 2012
r. 10
S.R. No. 93/2012
292
9292
An offence under
regulation 6(2) of
the Crown Land
(Reserves)
(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
293
9293
An offence under
regulation 6(3) of
the Crown Land
(Reserves)
(Domestic
Firewood)
Regulations 2012
4
penalty
units
bring heavy
machinery into a
firewood collection
area during a
firewood collection
season
294
9294
An offence under
regulation 6(4) of
the Crown Land
(Reserves)
(Domestic
Firewood)
Regulations 2012
4
penalty
units
operate heavy
machinery in a
firewood collection
area during a
firewood collection
season
295
9295
An offence under
regulation 6(5) of
the Crown Land
(Reserves)
(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".
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";
9
Conservation, Forests and Lands (Infringement Notice) Amendment
Regulations 2012
r. 10
S.R. No. 93/2012
(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—
"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".
10
Conservation, Forests and Lands (Infringement Notice) Amendment
Regulations 2012
r. 10
S.R. No. 93/2012
(4) In Schedule 2 to the Principal Regulations, for
item 305ZZZZA substitute—
"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
11
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".
Conservation, Forests and Lands (Infringement Notice) Amendment
Regulations 2012
r. 10
S.R. No. 93/2012
(6) In Schedule 2 to the Principal Regulations, for
item 305ZZZZL substitute—
"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".
12
Conservation, Forests and Lands (Infringement Notice) Amendment
Regulations 2012
r. 10
S.R. No. 93/2012
(8) In Schedule 2 to the Principal Regulations, for
item 305ZZZZZB substitute—
"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
13
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".
Conservation, Forests and Lands (Infringement Notice) Amendment
Regulations 2012
r. 10
S.R. No. 93/2012
(10) In Schedule 2 to the Principal Regulations, for
items 305ZZZZZZC and 305ZZZZZZD
substitute—
"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".
═══════════════
14
Conservation, Forests and Lands (Infringement Notice) Amendment
Regulations 2012
S.R. No. 93/2012
ENDNOTES
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.
15
Endnotes