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Plantation Management – Regulation and Planning

Victoria

Legislation

Overview of Victorian legislation applicable to plantation forestry

Legislation Agency Comment
Aboriginal Heritage Act 2006 Department of Victorian Communities To protect and conserve Aboriginal cultural heritage. To promote public awareness, understanding and management as an integral part of land and natural resource management. To establish an Aboriginal cultural heritage register to record sites; establish processes for assessment of activities that may harm cultural heritage; promote the use of agreements and establish dispute resolution mechanisms.
Agricultural and Veterinary Chemicals (Control of Use) Act 1992 and Agricultural and Veterinary Chemicals Act 1994 Department of Primary Industries Imposes controls in relation to the use, application and sale of agricultural and veterinary chemical products, fertilisers and stock foods to protect public health, the environment, users, other activities, and to ensure products are fit for purpose and used in accordance to label requirements.
Catchment and Land Protection Act 1994 Department of Sustainability and Environment Provides a framework for the integrated management and protection of catchments; encourages community participation in the management of land and water resources; sets up controls on noxious weeds and pest animals.
Conservation, Forests and Lands Act 1987 Department of Sustainability and Environment Provides the head of power for the Code of Forest Practice for Timber Production.
Country Fire Authority Act 1958 Country Fire Authority Confers on the Authority a responsibility to prevent and suppress fire on all land (urban and rural) outside the Melbourne Metropolitan Fire District, but does not include any forest, national park or protected public land
Environment Protection Act 1970 Environmental Protection Authority To protect the environment (air, land, and water) from degradation and pollution associated with noise, waste, emissions, discharges, litter that may arise as a result of an activity.
Flora and Fauna Guarantee Act 1988 Department of Sustainability and Environment To establish a legal and administrative structure to enable and promote the conservation of Victoria's native flora and fauna, and to provide for a choice of procedures which can be used for the conservation, management or control of flora and fauna and the management of potentially threatening processes.
Forests Act 1958 Department of Sustainability and Environment Prevention of and suppression of fires within 1.5 km of State forest.

Forestry Rights Act 1996

Forestry Rights (Amendment) Act 2001

Department of Sustainability and Environment Separates ownership of the land from ownership of the trees on the land and provides legal security to the ‘Forest Property Owner’, and recognises carbon sequestration rights and enables ownership of these rights separately from the trees and the land.
Land Act 1958 Department of Sustainability and Environment Administers licences associated with unused roads and water frontages.
Road Management Act 2004 Department of Infrastructure and all road management authorities To establish a coordinated management system that will promote safe and efficient road networks at state and local levels.
Occupational Health and Safety Act 2004 Work Cover To secure health and safety of employees; eliminate risk and to protect the public’s health and safety. Provides head of power for development of relevant industry safety codes i.e. Code of Practice for Forestry Operations.
Planning and Environment Act 1987Planning and Environment (Planning schemes) Act 1996 Department of Sustainability and Environment To establish a framework for planning, development and protection of land in Victoria.Provides for the protection of natural processes and genetic diversity, and to conserve places of scientific, aesthetic or special conservation value. Requires administration and enforcement of planning schemes, which specify appropriate controls on the use, development and protection of land, including timber production on private land.
Please note the above list is not a complete summary of all relevant legislation that relates to plantation forestry in Victoria. The Acts listed are likely to be the most relevant to plantations. For a full list of relevant legislation, regulations and other policy guidelines please refer to the Code of Forest Practices for Timber Production, currently under review.

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