Forests Act 1958

Executive summary of update

This update amends the Forests Act 1958* to redefine which Crown lands are automatically classified as ‘protected public land’. A new category has been added: land managed by Parks Victoria under a Section 18(1) Crown Land (Reserves) Act 1978 order. Concurrently, the update removes the automatic classification for lands managed by the Secretary, Parks Victoria, or the Great Ocean Road Coast and Parks Authority for the purposes of Section 18A of this Act. The primary intent is to refine land classifications. The most significant consequence is the change in the geographic scope of the Secretary’s statutory fire prevention and suppression duties under **Section 62(2)*, which apply specifically to ‘protected public land’. This necessitates an immediate review of land portfolios to confirm which parcels are now included or excluded from these critical obligations.

Impacted parties

This update most significantly impacts the Secretary (DEECA), Parks Victoria, and the Great Ocean Road Coast and Parks Authority by altering the land parcels for which they have fire management responsibilities under this Act.

Change Analysis

Redefinition of ‘Protected Public Land’ and its Impact on Fire Management Obligations

• What has changed:** **Section 62(1A)(d) of the Act has been amended to alter the categories of land that are automatically deemed to be ‘protected public land’.

  • New Inclusion:** A new category has been added. Land placed under the control and management of Parks Victoria by an Order made under Section 18(1) of the Crown Land (Reserves) Act 1978 is now automatically considered ‘protected public land’ (**Section 62(1A)(d)(iaa)).
  • New Exclusions: Two categories of land have been removed from the automatic classification:
    • Land under the Secretary’s control for the purposes of Section 18A of the Forests Act 1958** (repeal of **Section 62(1A)(d)(ii)).
    • Land under the control of Parks Victoria or the Great Ocean Road Coast and Parks Authority for the purposes of Section 18A of the Forests Act 1958** (repeal of **Section 62(1A)(d)(iii)).

• Why it matters:* The definition of ‘protected public land’ is critical as it determines the geographic scope of the Secretary’s statutory duties for fire prevention and suppression under **Section 62(2)*. This amendment alters that scope. Land parcels previously covered may now be excluded, while new parcels are included. This has direct implications for operational planning, resource allocation, and legal liability related to fire management on Crown land. An incorrect understanding of which lands are covered could lead to either a failure to perform a statutory duty or an overreach of authority.

Corrective and preventive actions

Legal

• Section 62(1A)(d): Review and update the internal register of all land parcels currently classified as ‘protected public land’ to reflect the new inclusions and exclusions introduced by Act No. 47/2025.
• Section 62(1A)(d):* Advise Operations and Health Safety and Environment teams on the legal implications of the changed scope of the Secretary’s fire management duties under **Section 62(2)*.

Government & Regulatory Affairs

• Section 62(1A)(d): Liaise with Parks Victoria and the Great Ocean Road Coast and Parks Authority to ensure a shared and clear understanding of the changes to fire management responsibilities on affected land parcels.

Operations

• Section 62(1A)(d): In conjunction with the Legal team, identify all specific land parcels affected by the definitional change.
• Section 62(1A)(d): Update all fire management plans, operational procedures, and resource allocation models to align with the revised scope of ‘protected public land’.

Health Safety and Environment

• Section 62(1A)(d): Review and update risk assessments and emergency response plans for fire management, ensuring they accurately reflect the new land classifications and associated responsibilities.

Risks & opportunities assessment

Risks

• Statutory Breach:* There is a significant operational and legal risk if fire management activities are not immediately adjusted to the new definition. Failing to manage fire on newly included land would constitute a breach of the statutory duty under **Section 62(2)*.
• Jurisdictional Gaps: Confusion between agencies (DEECA, Parks Victoria, GORCAPA) over responsibilities for specific parcels, particularly those now excluded from the automatic ‘protected public land’ definition, could create dangerous gaps in fire preparedness and response.
• Liability: An incorrect application of fire management duties could lead to increased liability for the organisation in the event of a fire incident on affected lands.

Opportunities

• Clarified Responsibilities: The legislative change provides an opportunity to clarify and formalise fire management responsibilities.
• Targeted Resource Allocation: The redefinition allows for a review and potential reallocation of fire management resources to ensure they are focused on the areas where the statutory duty now applies, improving efficiency.
• Strengthened Agreements: This change prompts a necessary review of inter-agency agreements to formalise arrangements for fire management on lands that are no longer automatically covered, potentially leading to stronger and clearer operational protocols.