1Objectives

The objectives of these Regulations are—

(a)

to regulate camping, recreation grounds and roads in State forests; and

(b)

to prescribe acts which must not be done in State forests without a permit; and

(c)

to provide for the care, protection and management of forest reserves and forest parks by the managing body by—

(i)

regulating the entry by persons to forest reserves and forest parks; and

(ii)

restricting or prohibiting access to areas by vehicles and aircraft; and

(iii)

setting aside areas for specific purposes, in particular for prohibiting or regulating the access to, and entry onto, those areas by persons and specified classes of animal; and

(iv)

setting aside areas for specific purposes, in particular for prohibiting or regulating activities in, and the use of those areas; and

(v)

the preservation of good order in areas set aside for specific purposes; and

(vi)

providing for the imposition, collection and receipt of fees by a managing body for entry or use of land and activities in areas set aside for specific purposes; and

(d)

to prescribe fees for camping and parking in State forests and provide for collection and receipt of such fees by a managing body; and

(e)

to prescribe penalties for contravention of these Regulations.

2Authorising provisions

These Regulations are made under sections 50(5), 99 and 99A of the Forests Act 1958.

3Commencement

These Regulations come into operation on 24 May 2021.

4Revocations

The following regulations are revoked—

(a)

Forests (Recreation) Regulations 2010^{^[1]};

(b)

Forests (Recreation) Amendment Regulations 2015^{^[2]};

(c)

Forests (Recreation) Amendment Regulations 2018^[3].

5Definitions

In these Regulations—

Aboriginal cultural heritage has the same meaning as in the Aboriginal Heritage Act 2006;

agreed activity has the same meaning as in section 79 of the Traditional Owner Settlement Act 2010;

aircraft includes a model aircraft or remotely piloted aircraft;

animal means any vertebrate or invertebrate animal in any stage of biological development other than a human;

assistance animal has the same meaning as in the Disability Discrimination Act 1992 of the Commonwealth;

assistance dog has the same meaning as in the Equal Opportunity Act 2010;

bog means any permanently wet site along drainage lines and valley floors, its vegetation primarily consisting of Sphagnum moss, and usually including Spreading Rope‑rush, Matted Nertera, Alpine Astelia and Mountain Gentian;

camp means using or having present in an area, for accommodation purposes, whether occupied or not—

(a)

equipment including a tent, sleeping bag, swag, tarpaulin or any other form of accommodation, shelter or temporary structure; or

(b)

a vehicle, vessel or any other moveable form of accommodation, whether or not it is in a condition that enables it to be moved;

committee, in relation to any land set aside under section 50(1) of the Act, means a committee of management appointed under section 50(3)(a) of the Act for the land;

drive, in relation to a vehicle, has the same meaning as in the Road Safety Act 1986;

emergency activity has the same meaning as in the Emergency Management Act 1986;

emergency services agency has the same meaning as in the Emergency Management Act 1986;

fauna has the same meaning as in the Flora and Fauna Guarantee Act 1988;

firearm has the same meaning as in the Firearms Act 1996;

fixed fireplace means a fixed facility constructed of stone, metal, concrete or other non‑flammable material provided by a committee for the purposes of lighting and maintaining fires;

forest park has the same meaning as in the Crown Land (Reserves) Act 1978;

forest reserve means the land set aside under section 50(1) of the Act and declared under the name that is specified in Column 2 of an item in the Table in Schedule 1 and by the description that is specified in Column 3 of that item in the Table;

large bus means a motor vehicle with seats for 30 or more people;

liquor has the same meaning as in the Liquor Control Reform Act 1998;

managing body means—

(a)

for land managed by a committee, the committee; or

(b)

for all other land, the land manager;

miner's right has the same meaning as in the Mineral Resources (Sustainable Development) Act 1990;

pack animal means a horse, donkey, mule, camel, llama or alpaca;

park, in relation to a vehicle, includes leaving a vehicle standing, whether or not the vehicle is attended;

recreation ground means any area in a State forest within 100 metres of any visitor facility;

registered hound has the same meaning as in the Wildlife (Game) Regulations 2012^[4];

small bus means a motor vehicle with seats for more than 9 people but less than 30 people;

spring includes a soak;

the Act means the Forests Act 1958;

tourist fossicking authority means a tourist fossicking authority under Part 5 of the Mineral Resources (Sustainable Development) Act 1990;

traditional owner group agreement means an agreement under Part 6 of the Traditional Owner Settlement Act 2010;

traditional owner group entity has the same meaning as in the Traditional Owner Settlement Act 2010;

vehicle means a conveyance that is designed to be propelled or drawn by any means, whether or not the vehicle is capable of being propelled or drawn, and includes a bicycle or other pedal-powered vehicle, trailer, tram-car and air-cushion vehicle but does not include any of the following—

(a)

a railway locomotive or railway rolling stock;

(b)

a wheel chair, motorised wheel chair or other device designed or used for the conveyance of persons with disability or injury;

(c)

a pram, stroller or other device designed or used for the conveyance of children;

visitor facility means any infrastructure provided by the managing body on land including a picnic table, toilets, fireplace, information shelter and carpark;

volunteer emergency worker has the same meaning as in the Emergency Management Act 1986;

Yarra Tributaries Forest Reserve means the land set aside and declared to be the Yarra Tributaries Forest Reserve under section 50(1) of the Act by Order published on page 2470 of the Government Gazette dated 17 September 2009.

Reg. 5A inserted by S.R. No. 108/2021 reg. 5.

5AApplication of Regulations to regulated watercourse land

These Regulations do not apply to any area of State forest that is regulated watercourse land (within the meaning of the Land Act 1958) unless that land is any of the following—

(a)

a forest reserve;

(b)

a forest park;

(c)

the Yarra Tributaries Forest Reserve.

6Application of Regulations to holders of a permit, lease, licence or other authority

A person acting in accordance with the terms and conditions of any lease, licence, permit or authority granted under the Act, or agreement entered into under the Act, is not subject to these Regulations to the extent that the activities authorised by the lease, licence, permit, authority or agreement are inconsistent with these Regulations.

7Offences do not apply to certain persons acting in the course of powers, duties or functions

The following persons do not commit an offence against these Regulations when acting in the course of the person's duties or functions or exercising a power for that purpose—

(a)

a managing body or an employee of a managing body;

(b)

an authorised officer;

(c)

a police officer or protective services officer within the meaning of the Victoria Police Act 2013;

(d)

a contractor, agent, volunteer or other person carrying out any work for, or acting on the authority or instruction of, a managing body;

(e)

a person employed under Part 3 of the Public Administration Act 2004 who is exercising a power or carrying out a duty or function under—

(i)

the Conservation, Forests and Lands Act 1987 or regulations made under that Act; or

(ii)

an Act or part of an Act (as the case requires) specified in Schedule 1 to the Conservation, Forests and Lands Act 1987; or

(iii)

regulations made under an Act or part of an Act (as the case requires) specified in Schedule 1 to the Conservation, Forests and Lands Act 1987; or

(iv)

the Water Act 1989 or regulations made under that Act;

(f)

a person employed by a public entity within the meaning of the Public Administration Act 2004 who is exercising a power or carrying out a duty or function under—

(i)

the Conservation, Forests and Lands Act 1987 or regulations made under that Act; or

(ii)

an Act or part of an Act (as the case requires) specified in Schedule 1 to the Conservation, Forests and Lands Act 1987; or

(iii)

regulations made under an Act or part of an Act (as the case requires) specified in Schedule 1 to the Conservation, Forests and Lands Act 1987; or

(iv)

the Water Act 1989 or regulations made under that Act;

(g)

an operational staff member within the meaning of the Ambulance Services Act 1986;

(h)

an officer, employee or volunteer emergency worker of an emergency services agency when engaged in an emergency activity or the discharge of a responsibility, function or other role in relation to an emergency.

8Application of these Regulations to traditional owner group

(1)

If a traditional owner group entity has entered into a traditional owner group agreement, any of these Regulations that provides for an offence to conduct or carry out an activity or do any thing that is an agreed activity (other than a regulation specified in subregulation (2)) does not apply to a member of the traditional owner group—

(a)

who is bound by the agreement; and

(b)

who carries out the agreed activity to which the offence relates in accordance with the agreement and on land to which the agreement applies.

(2)

For the purpose of subregulation (1) the following regulations are specified—

(a)

regulation 9(2);

(b)

regulation 12;

(c)

regulation 13(1);

(d)

regulation 15;

(e)

regulation 18(2);

(f)

regulation 22;

(g)

regulation 24(4);

(h)

regulation 31;

(i)

regulation 32;

(j)

regulation 33;

(k)

regulation 41(4).

(3)

This regulation does not apply to the Yarra Tributaries Forest Reserve.

Note

For application of these Regulations to members of a traditional owner group in the Yarra Tributaries Forest Reserve, see regulation 64.

Part 2—Common provisions for permits

9Permits

(1)

A permit issued under these Regulations authorises the holder of the permit to enter or use an area of State forest specified in the permit—

(a)

for the purpose specified in the permit; and

(b)

for the period specified in the permit; and

(c)

subject to any terms and conditions that are specified in the permit.

Reg. 9(1A) inserted by S.R. No. 108/2021 reg. 6(1).

(1A)

A permit issued under these Regulations may be issued for a period not exceeding 3 years from the day it is issued.

(2)

A permit holder must—

(a)

carry the permit on their person when conducting activities specified in the permit; and

(b)

if requested by an authorised officer, produce the permit for inspection by an authorised officer.

Penalty: 10 penalty units.

Reg. 9(2A) inserted by S.R. No. 108/2021 reg. 6(2).

(2A)

A permit holder must comply with any terms and conditions specified in the permit.

Penalty: 10 penalty units.

(3)

A permit issued under these Regulations must be in writing.

10Surrender and cancellation of permits

(1)

The holder of a permit may surrender the permit in writing to the managing body.

(2)

The managing body may cancel a permit issued under these Regulations at any time if the managing body reasonably believes that—

(a)

the holder of the permit has—

(i)

failed to comply with the conditions of the permit; or

(ii)

failed to comply with these Regulations; or

(b)

the continuation of the permit is likely to be detrimental to or interfere with the management and protection of the natural environment, features, or visitors in a State forest; or

(c)

the continuation of the permit is likely to be detrimental to or interfere with other visitors' recreational use of land in a State forest; or

(d)

the continuation of the permit is likely to be detrimental to or interfere with the effective management and control of a State forest.

(3)

If a permit is cancelled under subregulation (2), the managing body must cause the holder of the permit to be notified in writing of the cancellation of the permit.

(4)

The cancellation of a permit under subregulation (2) does not take effect until the holder of the permit is given notification of that cancellation in accordance with subregulation (3).

11Managing body may issue replacement permit

If a permit issued under these Regulations is lost, stolen or damaged, the person to whom the permit was issued may apply in writing to the managing body for a replacement permit.

Part 3—State forests

Division 1—Protection of roads and tracks

Forests (Recreation) (Temporary) Regulations 2021

About this Act

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