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Bill homepage (legislation.vic.gov.au)The main purposes of this Act are—
to provide for public safety in State forests by providing for the establishment and enforcement of public safety zones;
to amend the Forests Act 1958 with respect to powers of committees of management in reserved forests;
to consequentially amend the Conservation, Forests and Lands Act 1987.
This Act comes into operation on the day after the day on which it receives the Royal Assent.
In this Act—
authorised officer has the same meaning as it has in section 3 of the Conservation, Forests and Lands Act 1987;
public safety zone means an area of State forest to which a public safety zone declaration by the Secretary under section 4 applies;
public safety zone declaration means a declaration by the Secretary under section 4;
Secretary means the body corporate established by Part 2 of the Conservation, Forests and Lands Act 1987;
State forest has the same meaning as it has in the Forests Act 1958;
S. 3 def. of transport authority amended by Nos 6/2010 s. 203(1)(Sch. 6 item 43) (as amended by No. 45/2010 s. 22), 13/2009 s. 90.
transport authority means—
a road authority within the meaning of the Road Management Act 2004;
a rail corporation, a train operator or a tram operator under the Rail Management Act 1996;
a person operating a regular passenger service within the meaning of the Bus Services Act 1995 under the authority of a service contract within the meaning of that Act;
the Director within the meaning of the Transport Integration Act 2010;
a person to whom section 61, 62, 63, 64, 65, 66 or 67 of the Rail Management Act 1996 applies;
an employee, agent or contractor of a person referred to in paragraphs (a) to (e) when carrying out duties or functions pursuant to that employment, agency or contract;
S. 3 def. of utility amended by No. 61/2005 s. 222.
utility means—
an entity (whether publicly or privately owned) which provides, or intends to provide, water, sewerage, drainage, gas, electricity, telephone, telecommunication or other like services under the authority of an Act of Victoria or the Commonwealth;
any person who under the Pipelines Act 2005 is the holder of a licence to construct and operate a pipeline;
an employee, agent or contractor of a person referred to in paragraphs (a) to (b) when carrying out duties or functions pursuant to that employment, agency or contract.
Part 2—Public safety zone declarations
The Secretary may declare an area of State forest to be a public safety zone.
A declaration under subsection (1) may be for all or any of, or any combination of, the following purposes—
the conservation of flora or fauna;
the protection of soil or water;
the protection of natural, cultural or historical values;
public recreational activities;
scientific, research or education purposes;
fire operations;
S. 4(2)(g) repealed by No. 11/2014 s. 27.
* * * * *
the maintenance of public safety;
any other prescribed purpose.
S. 4(3) inserted by No. 48/2005 s. 5.
A declaration under subsection (1) may apply, adopt or incorporate any matter contained in any document formulated, issued, prescribed or published by any person, whether—
wholly or partially or as amended by the declaration; or
as formulated, issued, prescribed or published at the time the declaration is made or at any time before then; or
as formulated, issued, prescribed or published from time to time.
A public safety zone declaration must specify—
the area to which the declaration applies; and
the purpose for which the area has been declared a public safety zone; and
S. 5(1)(c) amended by No. 13/2024 s. 3(Sch. 1 item 12).
the period for which the area has been declared a public safety zone, whether—
for a limited time period; or
by reference to a season or seasons; and
the times or periods during which access to the public safety zone is restricted or prohibited; and
the activities that are permitted, prohibited or restricted in the public safety zone; and
the restrictions or conditions (if any) applying to the public safety zone.
A public safety zone declaration may exempt specified persons or classes of person from its operation.
S. 6 repealed by No. 11/2014 s. 28.
* * * * *
S. 7(1) substituted by No. 48/2005 s. 6.
A public safety zone declaration must be published in the Government Gazette.
S. 7(1A) inserted by No. 48/2005 s. 6.
The Secretary must cause notice of the making of a public safety zone declaration to be published—
in a newspaper circulating generally in the State; and
in a newspaper (if any) circulating generally in the area affected by the declaration.
S. 7(1B) inserted by No. 48/2005 s. 6.
A notice published under subsection (1A) must include details of where the public safety zone declaration may be inspected.
S. 7(1C) inserted by No. 48/2005 s. 6.
The Secretary must cause a public safety zone declaration to be available for inspection by the public—
S. 7(1C)(a) amended by Nos 70/2013 s. 4(Sch. 2 item 45), 41/2025 s. 4(Sch. 2 item 25).
at the head office of the Department of Energy, Environment and Climate Action and the regional office of the Department of Energy, Environment and Climate Action (if any) in the area affected by the declaration; and
on the Internet.
A public safety zone declaration takes effect—
from the date it is published in the Government Gazette; or
if a later date is specified in the declaration, from that later date.
The Secretary must cause notice to be given of a proposed declaration of a public safety zone for a continuous period of more than 12 months.
The notice must be published—
in a newspaper circulating generally in the State; and
in a newspaper (if any) circulating generally in the area proposed to be declared a public safety zone.
The notice must—
specify the area proposed to be declared; and
specify the purpose for which the area is proposed to be declared; and
specify the period for which the area is proposed to be declared; and
state that submissions on the proposed declaration may be made to the Secretary not later than the date specified in the notice, being not less than 21 days after the date of the notice.
The Secretary must consider any submissions under subsection (3) before making a public safety zone declaration.
A public safety zone declaration does not apply to—
the Secretary; or
an authorised officer; or
a person or class of person exempted by the declaration in accordance with section 5(2); or
a utility engaged in the carrying out of its functions in a State forest; or
a transport authority engaged in the carrying out of its functions in a State forest; or
a person or class of person authorised under section 10 to be in a public safety zone.
The Secretary may authorise a person or class of person to be in a public safety zone.
An authorisation under this section—
must be in writing; and
is subject to the terms and conditions specified in the authorisation.
The Secretary must ensure that a notice specifying that an area is a public safety zone and the restrictions applying to that area is conspicuously displayed on or near the area to which a public safety zone declaration applies.
The fact that a notice is not displayed on or near a public safety zone in accordance with this section does not affect the liability of any person for a contravention of this Act.
Part 3—Offences and enforcement
A person must not unlawfully alter, obliterate, deface, remove or destroy a notice displayed in accordance with section 11.
A person must not unlawfully break down, damage or destroy a barrier or fence which has been erected to prohibit or restrict access to a public safety zone.
A person who is not authorised to do so must not carry out any activity in a public safety zone in contravention of a public safety zone declaration.
A person who is not authorised to do so must not contravene any restriction or condition applying to a public safety zone which is specified in the public safety zone declaration.
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