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Bill homepage (legislation.vic.gov.au)The purposes of this Act are—
to repeal the Sustainable Forests (Timber) Act 2004 so as to end commercial native forest timber harvesting under that Act; and
to abolish VicForests and provide for the transfer of property, rights and liabilities to the Crown; and
to amend the Conservation, Forests and Lands Act 1987 and the Forests Act 1958 in relation to forest management; and
to make consequential amendments to other Acts.
Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
If a provision of this Act does not come into operation before 1 May 2025, it comes into operation on that day.
In this Act—
commencement day means the day on which Part 2 comes into operation;
liabilities means all liabilities, duties and obligations, whether actual, contingent or prospective;
property means any legal or equitable estate or interest (whether present or future and whether vested or contingent) in real or personal property of any description;
rights means all rights, powers, privileges and immunities, whether actual, contingent or prospective;
VicForests means the State body known as "VicForests" established under section 14 of the State Owned Enterprises Act 1992 by Order in Council dated 28 October 2003 published in the Government Gazette on 28 October 2003.
Part 2—Repeal of Sustainable Forests (Timber) Act 2004
Division 1—Repeal
The Sustainable Forests (Timber) Act 2004 is repealed.
Division 2—Abolition of VicForests and transfer of property, rights and liabilities to the Crown
On the commencement day, VicForests is abolished and the members of its board go out of office.
On the commencement day—
all property and rights that, immediately before that day, were vested in VicForests are vested in the Crown; and
any land for which VicForests was the registered proprietor under the Transfer of Land Act 1958 immediately before that day is taken to be unalienated land of the Crown freed and discharged from all encumbrances, limitations and restrictions and from any estate or interest in the land; and
all liabilities of VicForests existing immediately before that day become liabilities of the Crown; and
the Crown is substituted as a party to any proceeding pending in any court or tribunal to which VicForests was a party immediately before that day; and
the Crown is substituted as a party to any arrangement or contract entered into by or on behalf of VicForests as a party and in force immediately before that day.
If, under this Act, property, rights and liabilities of VicForests (other than land for which VicForests was the registered proprietor under the Transfer of Land Act 1958) become property, rights and liabilities of the Crown—
the property and rights become property and rights of the Crown subject to any encumbrance to which they were subject immediately before the commencement day; and
the rights to which VicForests was entitled in respect of those liabilities immediately before they ceased to be its liabilities become rights in respect of liabilities of the Crown.
The Registrar of Titles must make any recordings in or amendments to the Register kept under the Transfer of Land Act 1958 that are necessary because of the operation of this Part.
A reference to VicForests in any Act (other than this Act), subordinate instrument or other document (by whatever name) prepared or made under or for the purposes of any Act (other than the Code) must be construed as a reference to the Crown—
to the extent that the reference relates to any period on or after the commencement day; and
if not inconsistent with the subject matter.
A reference to VicForests, in its capacity as the managing authority for timber harvesting operations in State forests, in the Code must be construed as a reference to the Secretary within the meaning of the Conservation, Forests and Lands Act 1987—
to the extent that the reference relates to any period on or after the commencement day; and
if not inconsistent with the subject matter.
In this section—
Code means the Code of Practice for the carrying out of timber production made under section 31 of the Conservation, Forests and Lands Act 1987 in force immediately before the commencement day and known as the "Code of Practice for Timber Production 2014".
Division 3—Property in timber resources vested in VicForests transferred to the Crown
An order made under Part 3 of the Sustainable Forests (Timber) Act 2004 that is in effect immediately before the commencement day ceases to have effect on the commencement day.
Property in the timber vested in VicForests under section 14(1) of the Sustainable Forests (Timber) Act 2004 immediately before the commencement day passes to the Crown on the commencement day.
Note
See also section 14 of the Interpretation of Legislation Act 1984.
A plan prepared under section 37 of the Sustainable Forests (Timber) Act 2004 that is in effect immediately before the commencement day ceases to have effect on the commencement day.
Division 4—Savings and transitional provisions
Despite the repeal of the Sustainable Forests (Timber) Act 2004, that Act continues to apply to an audit under section 47 of that Act that had commenced but was not completed before the commencement day.
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