Forests

Safety on public land in Victoria

Overview | Occupational Health and Safety Act 2004 | Safety on Public Land Act 2004 | Declarations and maps of public safety zones

Overview

Two legislative instruments guiding safety on public land in Victoria are the Occupational Health and Safety Act 2004 and the Safety on Public Land Act 2004.

This page provides key information on selected aspects of these Acts as they relate to public land in general, and particularly State forest. Links at the base of the page provide access to additional information.

Occupational Health and Safety Act 2004

The legislation that sets out the principles for the health, safety and welfare of employees and other persons at work, including on public land, is the Occupational Health and Safety Act 2004 (new Act). The new Act, which came into operation on 1 July 2005, repealed the Occupational Health and Safety Act 1985 (old Act), though the old Act continues to apply for events that occurred prior to 1 July 2005.

One aspect in relation to these legislative changes that affects activities on public land, including State forests, is the role of industry codes of practice. Under the old Act, approved codes of practice enabled people to meet their duties under Victoria's health and safety laws by complying with the related part of a code of practice. The new Act does not provide for making codes of practice. Therefore, complying with a code of practice may not necessarily mean compliance with a duty under the new Act. The new Act allows for the replacement of the codes of practice with (where applicable) Compliance Codes or Guidance Notes. All Codes of Practice will be reviewed by WorkSafe to determine whether they need to become a Compliance Code or a Guidance Note.

In 1990, a Code of Practice for Safety in Forest Operations (ISBN 0 7241 9629 3) was introduced under the old Act. The purpose of this code is to provide practical guidance on measures to be taken to prevent injury to persons engaged in forest operations. The Code covers the planning, preparation and conduct of work practices in connection with the formation, protection (including fire protection), silviculture, harvesting, and regeneration of forests and all means of obtaining forest produce from forests and plantations. It includes the loading, transporting and unloading of forest produce, and the clearing, fencing, trenching, draining, roadmaking or otherwise preparing of land for forestry purposes.

While this Code of Practice is not an instrument under the new Act, it was developed through a consultative process and endorsed by forest industries, and is still valuable in the industry-defined system of management of risks. It continues to be a source of practical guidance, and can contribute to industry state of knowledge to assist those who must comply with health and safety laws.

A copy of the Code is provided here (contact the Victorian Workcover Authority for the authoritative source):
Safety in Forest Operations (Code of Practice No. 12, 1990) (PDF - 73 Kb)

There is more to the new Act than the information discussed here, and you are encouraged to consult more comprehensive information from the Victorian Legislation and Parliamentary Documents and Victorian Workcover Authority websites. The new Act requires that consultation and information sharing occur between Employers, Contractors and Employees. This is to ensure the health and safety of all parties who may be impacted or the potential to be impacted on by the works being carried out.

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Safety on Public Land Act 2004

The Safety on Public Land Act 2004 came into operation on 22 December 2004. One feature of this Act is the provision to declare public safety zones (section 4(1) ).

The intent of public safety zones is described by the Minister for Environment in the second reading to the Legislative Assembly (17 November 2004) as follows:

• to protect flora and fauna - for example, to allow rehabilitation of a site in a heavily used area or to allow for forest regeneration following a bushfire or other disturbance
• to protect water, soil, natural, cultural or historical values such as restricting access to water supply infrastructure, to minimise soil erosion following heavy rainfalls, or to temporarily restrict vehicle traffic to a historic mine or other place of significance
• to ensure the safe conduct of timber harvesting operations
• to better manage public recreational activities such as restricting access to allow for preparation for public events such as car rallies, music festivals or orienteering events
• to protect sites where scientific or research investigations or educational activities are being conducted
• to allow the orderly and safe management of fuel reduction and fire suppression activities
• to maintain public safety in events such as landslips and floods.

Special Gazette Number S140, 28 June 2007 (PDF - 381 Kb). Includes a list of Public Safety Zones declared for the period 1 July 2007 to 30 June 2008.

Map of Public Safety Zones based on Special Gazette Number S140, 28 June 2007 (PDF - 2.6 Mb)

Map of Public Safety Zones based on Special Gazette Number S140 in Dandenong, 28 June 2007 (PDF - 1.7 Mb)

General Gazette G1/08, 3 January 2008 (PDF - 504 KB). Includes a list of Public Safety Zones declared for the period 3 January 2008 to 30 June 2008.

Map of Public Safety Zones based on General Gazette No. G1/08, 3 January 2008 (PDF - 2.5 MB)

Map of Public Safety Zones based on General Gazette No. G1/08, 3 January 2008 in Benalla-Mansfield and Central FMAs (PDF - 1.6 MB)

Map of Public Safety Zones based on General Gazette No. G1/08, 3 January 2008 in Bendigo and Midlands FMAs (PDF - 1.4 MB)

Map of Public Safety Zones based on General Gazette No. G1/08, 3 January 2008 in Central Gippsland and Dandenong FMAs (PDF - 2.1 MB)

Map of Public Safety Zones based on General Gazette No. G1/08, 3 January 2008 in East Gippsland FMA (PDF - 970 KB)

Map of Public Safety Zones based on General Gazette No. G1/08, 3 January 2008 in Mid Murray FMA (PDF - 1.2 MB)

Map of Public Safety Zones based on General Gazette No. G1/08, 3 January 2008 in North East FMA (PDF - 1.6 MB)

Map of Public Safety Zones based on General Gazette No. G1/08, 3 January 2008 in Tambo FMA (PDF - 1.5 MB)

General Gazette No. G13/08, 27 March 2008 (PDF - 504 KB). Includes a list of Public Safety Zones declared for the period 27 March 2008 to 30 June 2008

Map of Public Safety Zones based on General Gazette No. G13/08, 27 March 2008 (PDF - 2.5 MB)

Map of Public Safety Zones based on General Gazette No. G13/08, 27 March 2008 in Benalla-Mansfield and Central FMAs (PDF - 1.6 MB)

Map of Public Safety Zones based on General Gazette No. G13/08, 27 March 2008 in Central Gippsland and Dandenong FMAs (PDF - 2.1 MB)