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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Forestry Bill 2012
Contents
Page
Part 1 Preliminary
1 Name of Act 2
2 Commencement 2
3 Definitions 2
4 Meaning of "plantation" 5
Part 2 Forestry Corporation
Division 1 Constitution and management of Forestry
Corporation
5 Establishment of Forestry Corporation 6
6 Board of directors 6
7 Chief executive officer 7
8 Acting chief executive officer 7
9 Application of SOC Act 8
b2012-069-35.d22
Forestry Bill 2012
Contents
Page
Division 2 Objectives and functions of Forestry
Corporation
10 Objectives of Forestry Corporation 8
11 Functions of Forestry Corporation 9
12 Ownership of trees in State forest plantations 10
Part 3 State forests and flora reserves
Division 1 Dedication of Crown land
13 Classification of Crown land for State forest purposes 11
14 Dedication of land as State forest 11
15 Revocation of dedication of land as State forest 12
16 Flora reserves 12
17 Review of dedicated State forests 13
Division 2 Special management zones
18 Declaration of special management zones 13
19 Prohibition of forestry operations in special
management zones 14
20 Revocation of special management zones 14
Division 3 Management plans and working plans
21 Management plans for State forests 14
22 Management plans to be consistent with integrated
forestry operations approvals 15
23 Procedures for preparing and adopting management
plans 15
24 Review of management plans 15
25 Working plans for flora reserves 16
Division 4 Acquisition and sale of land
26 Acquisition of land for State forest purposes 16
27 Acquisition of land dedicated as State forest 17
28 Acquisition of land for future lease grant or dealing 17
29 Sale of certain land 18
30 Application of Public Works Act 1912 18
Division 5 Miscellaneous
31 Exchange of land dedicated as State forest 18
32 Revocation of dedication of land as State forest
in certain circumstances 19
33 Leases within State forests and flora reserves 20
34 Easements and rights of way 20
35 Land subject to mining law 20
Contents page 2
Forestry Bill 2012
Contents
Page
36 Effect of dedication etc on existing leases and
licences 20
37 Declaration of access roads 21
Part 4 Taking of timber, forest products and
forest materials
Division 1 General offence
38 Unlawful taking of timber etc 22
Division 2 Licensing scheme
39 General provisions relating to licences 23
40 Timber licences 24
41 Forest products licences 24
42 Forest materials licences 24
43 Clearing licences 24
44 Restrictions on issuing licences 25
45 Small quantity authorisations 26
46 Suspension and revocation of licences and
small quantity authorisations 27
47 Delegation of certain functions 27
Division 3 Payment of resource acquisition fee
48 Definitions 27
49 Resource acquisition fee for taking timber, forest
products or forest materials 28
50 Limitation on resource acquisition fee 28
51 Amount of resource acquisition fee 29
52 Payments to certain timber organisations 29
53 Apportionment of resource acquisition fee--prescribed
land 29
54 Resource acquisition fee payments by Forestry
Corporation 30
55 Liability for resource acquisition fee if timber etc taken
without licence 30
56 Deductions for construction of works 31
Part 5 Use of forestry areas for non-forestry purposes
Division 1 Land managers
57 Land manager of forestry areas 32
58 Functions of land manager confined to non-forestry
uses 33
59 Objectives of land manager of forestry area 33
Contents page 3
Forestry Bill 2012
Contents
Page
Division 2 Forest permits and leases
60 Forest permits for non-forestry uses 33
61 Ancillary provisions relating to forest permits 34
62 Forest leases 35
63 Suspension and revocation of forest permits and leases 36
Division 3 Provision of services and facilities for
non-forestry purposes
64 Agreement to provide services and facilities 36
65 Direction to provide services and facilities 36
66 Re-assessment of costs of compliance with direction 37
Division 4 Miscellaneous
67 Unauthorised use of forestry areas 38
68 Offences relating to hunting and using firearms or
other weapons 38
69 Removal of unauthorised structures 39
Part 6 Investigations and enforcement powers
Division 1 Appointment of authorised officers
70 Appointment of authorised officers 41
71 Police officers to be authorised officers 41
72 Identification card 41
Division 2 Powers of authorised officers
73 Definitions 42
74 Purposes for which powers under Division may
be exercised 42
75 Power to enter premises 43
76 Search warrants 43
77 Powers to search premises and seize things 44
78 Power to detain and search vehicles or vessels 44
79 Dealing with seized things 45
80 Requirement to provide information and records 45
81 Requirement to state name and address 46
82 Requirement for owner of motor vehicle and others
to give information 46
83 Offences 47
Part 7 Criminal proceedings and related matters
84 Proceedings for offences 48
85 Penalty notices for certain offences 48
86 Orders for compensation at time offence proved 50
Contents page 4
Forestry Bill 2012
Contents
Page
87 Liability of vehicle owner for parking offences 51
88 Evidentiary provisions 52
Part 8 Miscellaneous
89 Review of certain decisions by Administrative
Decisions Tribunal 54
90 Delegation of Minister's functions 54
91 Harvesting and haulage costs review 54
92 Regulations 55
93 Review of Act 56
Schedule 1 Special provisions relating to
purchase-tenure land 57
Schedule 2 Dissolution of Forestry Commission 62
Schedule 3 Savings, transitional and other provisions 69
Schedule 4 Amendment of other legislation 73
Schedule 5 Repeals 91
Contents page 5
New South Wales
Forestry Bill 2012
No , 2012
A Bill for
An Act to provide for the dedication, management and use of State forests and other
Crown-timber land for forestry and other purposes; to constitute the Forestry
Corporation of New South Wales as a statutory State owned corporation and to
specify its objectives and functions; to repeal the Forestry Act 1916 and the Timber
Marketing Act 1977 and to amend certain other legislation; and for related purposes.
Clause 1 Forestry Bill 2012
Part 1 Preliminary
The Legislature of New South Wales enacts: 1
Part 1 Preliminary 2
1 Name of Act 3
This Act is the Forestry Act 2012. 4
2 Commencement 5
This Act commences on a day or days to be appointed by proclamation. 6
3 Definitions 7
(1) In this Act: 8
authorised officer means a person appointed as an authorised officer 9
under section 70. 10
board means the board of directors of the Corporation. 11
carbon sequestration right has the same meaning as in section 87A of 12
the Conveyancing Act 1919. 13
chief executive officer means the chief executive officer of the 14
Corporation. 15
clearing licence means a clearing licence issued under Division 2 of 16
Part 4. 17
Corporation means the Forestry Corporation of New South Wales 18
constituted under Part 2. 19
Crown land and Crown Lands Acts have the same meanings as in the 20
Crown Lands Act 1989. 21
Crown-timber land means any of the following: 22
(a) land within a State forest or flora reserve, 23
(b) Crown land (whether or not held under a lease or licence from the 24
Crown and whether or not included in a timber reserve), 25
(c) land affected by a profit à prendre, 26
but does not include: 27
(d) any Crown land the subject of a prescribed Crown tenure if the 28
subject land has an area of 2 hectares or less, or 29
(e) any Crown land the subject of a tenure from the Crown that is not 30
a prescribed Crown tenure. 31
flora reserve means land dedicated or set apart under this Act or the 32
former Act as a flora reserve. 33
Page 2
Forestry Bill 2012 Clause 3
Preliminary Part 1
forest agreement means a forest agreement referred to in Part 5A that is 1
in force. 2
Note. Part 5A is transferred to this Act on the commencement of Schedule 4.11 3
[16]. 4
forest lease means a lease granted under section 62. 5
forest materials means rock, stone, clay, shells, earth, sand, gravel or 6
any like material. 7
forest materials licence means a forest materials licence issued under 8
Division 2 of Part 4. 9
forest permit means a permit issued under section 60. 10
forest products means the products of trees and other vegetation (other 11
than timber) that are of economic value. 12
forest products licence means a forest products licence issued under 13
Division 2 of Part 4. 14
forestry area means a State forest, timber reserve or flora reserve and 15
includes any part of a State forest, timber reserve or flora reserve. 16
Forestry Commission means the corporation constituted under the 17
former Act. 18
forestry operations means: 19
(a) logging operations, namely, the cutting and removal of timber 20
from land for the purpose of timber production, or 21
(b) the harvesting of forest products, or 22
(c) on-going forest management operations, namely, activities 23
relating to the management of land for timber production such as 24
thinning and other silvicultural activities and bush fire hazard 25
reduction, or 26
(d) ancillary road construction, namely, the provision of roads and 27
fire trails, and the maintenance of existing railways, to enable or 28
assist in the above operations. 29
forestry right means a forestry right within the meaning of Division 4 30
of Part 6 of the Conveyancing Act 1919. 31
former Act means the Forestry Act 1916 as in force immediately before 32
its repeal by this Act. 33
function includes a power, authority or duty, and exercise a function 34
includes perform a duty. 35
government agency means any of the following: 36
(a) a public sector agency within the meaning of the Public Sector 37
Employment and Management Act 2002 or the head (within the 38
meaning of that Act) of any such agency, 39
(b) a NSW Government agency, 40
Page 3
Clause 3 Forestry Bill 2012
Part 1 Preliminary
(c) any other public authority that is constituted by or under an Act 1
or that exercises public functions (other than a State owned 2
corporation). 3
integrated forestry operations approval means an approval referred to 4
in Part 5B that is in force. 5
Note. Part 5B is transferred to this Act on the commencement of Schedule 4.11 6
[16]. 7
land exchange agreement means an agreement under section 31. 8
land manager of a forestry area means the land manager for the area as 9
provided by section 57. 10
lease under the Crown Lands Acts includes a promise of lease under 11
those Acts and lessee means the holder of such lease, and includes the 12
holder of any such promise. 13
licence means a licence issued by the Corporation under this Act. 14
management plan means a management plan under section 21. 15
plantation--see section 4. 16
prescribed Crown tenure means a tenure from the Crown specified in 17
the First Schedule to the former Act. 18
profit à prendre means a profit à prendre reserved to the Crown under 19
clause 5 (1) of Schedule 1. 20
resource acquisition fee means a fee payable under Division 3 of Part 4. 21
small quantity authorisation means an authorisation under section 45. 22
SOC Act means the State Owned Corporations Act 1989. 23
special management zone means any area of State forest declared to be 24
a special management zone under section 18. 25
State forest means land dedicated under this Act or under the former 26
Act as State forest, being a dedication that is in force. 27
timber includes trees of any age or description, whether growing or 28
dead. 29
timber licence means a timber licence issued under Division 2 of Part 4. 30
timber reserve means land temporarily reserved under the former Act 31
for forestry purposes, being a reservation in force immediately before 32
the repeal of the former Act. 33
tree means a tree of any description and includes a shrub and a sapling 34
or seedling of a tree. 35
use, in relation to a forestry area, includes occupy the area or engage in 36
or conduct an activity in the area. 37
voting shareholders of the Corporation means the voting shareholders 38
within the meaning of the SOC Act. 39
working plan means a working plan under section 25. 40
Page 4
Forestry Bill 2012 Clause 4
Preliminary Part 1
(2) Notes included in this Act do not form part of this Act. 1
4 Meaning of "plantation" 2
(1) For the purposes of this Act, a plantation is, subject to this section, an 3
area of Crown-timber land (other than a flora reserve), or an area of land 4
owned by the Corporation, on which the predominant number of trees 5
forming, or expected to form, the canopy are trees that have been 6
planted (whether by sowing seed or otherwise): 7
(a) for the purpose of timber production, or 8
(b) for the protection of the environment (including for the purpose 9
of reducing the salinity of the land or otherwise repairing or 10
improving the land, for the purpose of biodiversity conservation 11
or for the purpose of acquiring or trading in carbon sequestration 12
rights), or 13
(c) for any other purpose, 14
but not principally for the purpose of the production of food or any other 15
produce other than timber. 16
(2) To avoid doubt, a natural forest is not a plantation for the purposes of 17
this Act. However, an area of land is not a natural forest merely because 18
it contains some native trees that have not been planted. 19
(3) The Minister may, after carrying out an assessment of an area of land, 20
by order published in the Gazette make a determination as to whether or 21
not the area comprises or is part of a plantation for the purposes of this 22
Act. Any such determination has effect according to its tenor. 23
Page 5
Clause 5 Forestry Bill 2012
Part 2 Forestry Corporation
Part 2 Forestry Corporation 1
Division 1 Constitution and management of Forestry 2
Corporation 3
5 Establishment of Forestry Corporation 4
There is constituted by this Act a corporation with the corporate name 5
of the Forestry Corporation of New South Wales. 6
Note. Schedule 4 to this Act amends the SOC Act to make the Forestry 7
Corporation a statutory State owned corporation. 8
The SOC Act contains a number of provisions that will apply to the Corporation 9
as a statutory SOC. In particular: 10
(a) Part 3 contains provisions relating to the status of the Corporation, the 11
application of the Corporations Act 2001 of the Commonwealth, the 12
issue of shares to the Treasurer and another Minister, the board of 13
directors, the chief executive officer, the employment of staff, the giving 14
of directions by the portfolio Minister (including directions for the 15
performance of non-commercial activities or the carrying out of public 16
sector policies), the constitution of the Corporation, dividends and 17
tax-equivalent payments, government guarantees, the sale or disposal 18
of assets and the legal capacity and general powers of the Corporation, 19
and 20
(b) Part 4 deals with the accountability of the Corporation (including 21
statements of corporate intent, annual reports and accounts), and 22
(c) Part 5 deals with miscellaneous matters (including the duties and 23
liabilities of directors and the application of public sector legislation). 24
6 Board of directors 25
(1) The Corporation is to have a board of directors. 26
(2) The board is to consist of no fewer than 3 and not more than 7 directors 27
appointed by the voting shareholders. 28
(3) One of the directors is, in and by the director's instrument of 29
appointment or in and by another instrument executed by the voting 30
shareholders, to be appointed as chairperson of the board. 31
(4) The chief executive officer may be appointed as a director. 32
(5) The board is accountable to the voting shareholders in the manner set 33
out in Part 4 of the SOC Act and in the constitution of the Corporation. 34
(6) The voting shareholders may remove a director, or the chairperson, 35
from office at any time for any or no reason and without notice (but only 36
at a duly convened meeting of the voting shareholders) and, in that 37
event, the office of the director or chairperson is taken to have become 38
vacant for the purposes of Schedule 8 to the SOC Act. 39
Page 6
Forestry Bill 2012 Clause 7
Forestry Corporation Part 2
(7) Subject to subsections (8) and (9), Schedule 8 to the SOC Act has effect 1
with respect to the constitution and procedure of the board. 2
(8) The provisions of section 20J of the SOC Act, and of clauses 2 (1) and 3
(2) and 7 (1) (d) and (2) of Schedule 8 to the SOC Act, do not apply to 4
the Corporation or to the chairperson. 5
(9) The provisions of clause 6 of Schedule 8 to the SOC Act do not apply 6
to the chief executive officer if appointed as a director, and the chief 7
executive officer is not entitled to remuneration under that clause in his 8
or her capacity as a director. 9
7 Chief executive officer 10
(1) The chief executive officer of the Corporation is to be appointed by the 11
board but only with the approval of the voting shareholders. 12
(2) Subject to this section, the chief executive officer holds office for such 13
term not exceeding 5 years as may be specified in the instrument of 14
appointment, but is eligible (if otherwise qualified) for re-appointment. 15
(3) The voting shareholders may remove a person from office as chief 16
executive officer, at any time, for any or no reason and without notice. 17
(4) The chief executive officer is entitled to be paid such remuneration 18
(including travelling and subsistence allowances) as the board may 19
determine with the approval of the voting shareholders. 20
(5) The board may, with the approval of the voting shareholders, fix the 21
conditions of employment of the chief executive officer in so far as they 22
are not fixed by or under any other Act or law. 23
(6) The board may require the chief executive officer to enter into 24
performance agreements. 25
(7) The chief executive officer may delegate any functions of the chief 26
executive officer to an employee of the Corporation, but this power is 27
subject to any directions of the board. 28
(8) The Public Sector Employment and Management Act 2002 (Chapter 5 29
included) does not apply to the chief executive officer. 30
(9) The provisions of section 20K of the SOC Act, and of Schedule 9 to that 31
Act, do not apply to the chief executive officer. 32
8 Acting chief executive officer 33
(1) The board may, from time to time, appoint a person to act in the office 34
of chief executive officer during the illness or absence of the chief 35
executive officer. 36
Page 7
Clause 9 Forestry Bill 2012
Part 2 Forestry Corporation
(2) The board may remove a person from office as acting chief executive 1
officer, at any time, for any or no reason and without notice. 2
(3) A person, while acting in the office of chief executive officer: 3
(a) has all the functions of the chief executive officer and is taken to 4
be the chief executive officer, and 5
(b) is entitled to be paid such remuneration (including travelling and 6
subsistence allowances) as the board may determine with the 7
approval of the voting shareholders. 8
(4) For the purposes of this section, a vacancy in the office of a chief 9
executive officer is regarded as an absence from office. 10
(5) Clause 5 of Schedule 9 to the SOC Act does not apply to an acting chief 11
executive officer of the Corporation. 12
9 Application of SOC Act 13
The provisions of this Part are in addition to and do not (except to the 14
extent to which this Part provides) derogate from the provisions of the 15
SOC Act. 16
Division 2 Objectives and functions of Forestry Corporation 17
10 Objectives of Forestry Corporation 18
(1) The principal objectives of the Corporation are as follows: 19
(a) to be a successful business and, to this end: 20
(i) to operate at least as efficiently as any comparable 21
businesses, and 22
(ii) to maximise the net worth of the State's investment in the 23
Corporation, 24
(b) to exhibit a sense of social responsibility by having regard to the 25
interests of the community in which it operates, 26
(c) where its activities affect the environment, to conduct its 27
operations in compliance with the principles of ecologically 28
sustainable development contained in section 6 (2) of the 29
Protection of the Environment Administration Act 1991, 30
(d) to exhibit a sense of responsibility towards regional development 31
and decentralisation in the way in which it operates, 32
(e) to be an efficient and environmentally sustainable supplier of 33
timber from Crown-timber land and land owned by it or 34
otherwise under its control or management. 35
(2) Each of the principal objectives of the Corporation is of equal 36
importance. 37
Page 8
Forestry Bill 2012 Clause 11
Forestry Corporation Part 2
(3) The Corporation also has, in exercising its functions as the land 1
manager of a forestry area, the objectives of a land manager under 2
Part 5. 3
(4) The provisions of section 20E of the SOC Act do not apply to the 4
Corporation. 5
11 Functions of Forestry Corporation (1916 Act, ss 11 and 11AA) 6
(1) The principal functions of the Corporation are as follows: 7
(a) to carry out or authorise the carrying out of forestry operations in 8
accordance with good forestry practice on Crown-timber land or 9
land owned by the Corporation, 10
(b) to take or authorise the taking of forest materials from State 11
forests or land owned by the Corporation, 12
(c) to sell, supply or process timber, forest products or forest 13
materials taken or harvested under paragraph (a) or (b), 14
(d) to establish and maintain plantations, 15
(e) to control and manage, subject to Part 5, forestry areas, 16
(f) subject to the Rural Fires Act 1997, to carry out measures on 17
Crown-timber land for the protection from fire of timber and 18
forest products on that land, 19
(g) to grant forestry rights in respect of State forests, timber reserves 20
or land owned by it, including any such right that is for the benefit 21
of the Corporation, 22
(h) to acquire, hold, sell or otherwise deal with or trade in carbon 23
sequestration rights (including for the benefit of other persons). 24
(2) The Corporation may: 25
(a) provide facilities or services, or undertake activities, that are 26
ancillary or incidental to its principal functions, and 27
(b) conduct any business or provide any service (whether or not 28
related to its principal functions) that it considers will further its 29
objectives. 30
(3) The Corporation has such other functions as are conferred or imposed 31
on it by or under this or any other Act or law. 32
(4) Despite any other provision of this Act, the Corporation is not 33
authorised to take or authorise any other person to take any timber, 34
forest products or forest materials from any Crown-timber land that is 35
the subject of a forestry right unless the forestry right is held or granted 36
by the Corporation. 37
Page 9
Clause 12 Forestry Bill 2012
Part 2 Forestry Corporation
12 Ownership of trees in State forest plantations 1
(1) The Corporation is the owner of the trees in any plantation that is or is 2
part of a State forest. 3
(2) Subsection (1): 4
(a) has effect even though State forests are vested in the Crown, and 5
(b) operates to extinguish any existing rights in any such trees before 6
the commencement of this section. 7
(3) The provisions of this section have effect despite anything contained in 8
section 42 of the Real Property Act 1900. 9
(4) Compensation (including damages or any other form of monetary 10
compensation) is not payable to any person or body because of the 11
enactment or operation of this section or for the consequences of that 12
enactment or operation. 13
Page 10
Forestry Bill 2012 Clause 13
State forests and flora reserves Part 3
Part 3 State forests and flora reserves 1
Division 1 Dedication of Crown land 2
13 Classification of Crown land for State forest purposes (1916 Act, s 17) 3
(1) The Minister may classify Crown land for the purpose of selecting land 4
that is suitable and desirable in the public interest to be dedicated as 5
State forest. 6
(2) In classifying Crown land for any such purpose, the Minister is to 7
ensure, to such extent as the Minister considers appropriate, that the 8
selection of land to be dedicated as State forest will result in: 9
(a) the promotion of effective and economic control, utilisation and 10
management of the land for timber production and the facilitation 11
of the economic marketing of timber and forest products, and 12
(b) the establishment, maintenance or expansion of industry for the 13
processing and treatment of timber and forest products, and 14
(c) the growth and harvesting of trees for timber and forest products, 15
and 16
(d) the continuing protection of necessary tree cover in the public 17
interest. 18
(3) The Minister is to also take into account: 19
(a) the potential for economic timber production of any land that is 20
of an inferior character for the purposes of agriculture or grazing 21
but which, by appropriate treatment of the soil, would be capable 22
of sustaining the growth of suitable commercial species of trees 23
in plantations, and 24
(b) such other factors as the Minister considers relevant to the 25
establishment and proper management of State forests. 26
(4) Crown land need not be classified under this section in order for it to be 27
dedicated as State forest. 28
14 Dedication of land as State forest (1916 Act, s 18) 29
(1) The Governor may, by notice published in the Gazette, dedicate as State 30
forest any Crown land that is not the subject of a tenure from the Crown. 31
(2) Any such dedication of land may be limited so as to exclude any land 32
lying below the surface of the land at a depth greater than a depth 33
specified in the notice dedicating the land. 34
(3) Land dedicated under this section may not be dealt with otherwise than 35
as provided by this Act and any such dedication may not be revoked or 36
altered except under this Act. 37
Page 11
Clause 15 Forestry Bill 2012
Part 3 State forests and flora reserves
(4) The Governor may, by order published in the Gazette, constitute 2 or 1
more State forests, or any parts of 2 or more State forests, as one State 2
forest for the purposes of this Act. 3
(5) Subsection (4) does not affect: 4
(a) the declaration of any land as a special management zone, or 5
(b) the setting apart of any land as a flora reserve, or 6
(c) any rights or obligations conferred or imposed by or under this or 7
any other Act. 8
(6) Despite subsection (1), Crown land that is the subject of a prescribed 9
Crown tenure and that has an area of more than 2 hectares may be 10
dedicated as State forest in accordance with this section. 11
15 Revocation of dedication of land as State forest (1916 Act, s 19) 12
(1) Subject to this Act, the dedication of land as State forest may only be 13
revoked or altered in whole or in part in the following manner: 14
(a) a proposal for the revocation or alteration is to be tabled in each 15
House of Parliament, 16
(b) after the proposal has been tabled, the Governor may, on a 17
resolution being passed by both Houses that the proposal be 18
carried out, by notice published in the Gazette, revoke or alter the 19
dedication. 20
(2) On any such revocation, the land becomes Crown land to be dealt with 21
under the Crown Lands Act 1989 or the Western Lands Act 1901 (as the 22
case requires) and until so dealt with is to be reserved from sale or lease 23
under any Act. 24
16 Flora reserves (1916 Act, s 25A (1)-(4)) 25
(1) The Governor may, by notice published in the Gazette: 26
(a) dedicate, with the concurrence of the Minister administering the 27
Crown Lands Act 1989, any Crown land that is not the subject of 28
a tenure from the Crown, or 29
(b) set apart the whole or part of a State forest, 30
as a flora reserve for the preservation of native flora. 31
(2) Any such dedication of land may be limited so as to exclude any land 32
lying below the surface of the land at a depth greater than a depth 33
specified in the notice dedicating the land. 34
(3) The setting apart of the whole or a part of a State forest as a flora reserve 35
under this section does not affect the dedication as a State forest of the 36
area so set apart. 37
Page 12
Forestry Bill 2012 Clause 17
State forests and flora reserves Part 3
(4) Subject to this Act, a notice under this section is not to be revoked 1
wholly or in part otherwise than by Act of Parliament. 2
(5) Despite subsection (1) (a), Crown land that is the subject of a prescribed 3
Crown tenure and that has an area of more than 2 hectares may be 4
dedicated as a flora reserve in accordance with this section. 5
17 Review of dedicated State forests (1916 Act, s 17A) 6
The Minister is, on a continuing basis, to review dedicated State forests 7
for the purposes of determining whether or not any State forest, or part 8
of any State forest, should continue to be dedicated as such. 9
Division 2 Special management zones 10
18 Declaration of special management zones (1916 Act, s 21A (1), (1A), (3) and 11
(7)) 12
(1) The Minister may, by notice published in the Gazette, declare any area 13
of State forest (other than a flora reserve) to be a special management 14
zone if the Minister is satisfied that the area has special conservation 15
value. 16
(2) The object of the declaration of a special management zone and the 17
prohibition of forestry operations in the zone is to protect its special 18
conservation value. 19
(3) The Minister is to ensure that the public is given an opportunity to make 20
representations about any proposed notice of the Minister under this 21
section to declare a special management zone. The Minister must: 22
(a) fix a time within which the public may make representations 23
about the proposal, and 24
(b) make copies of the proposed notice available for public 25
inspection before that time on such website as the Minister thinks 26
appropriate, and 27
(c) make available for public inspection before that time on that 28
website a statement outlining the activities that the Minister 29
proposes to prohibit in the zone, and 30
(d) take any representation on the proposal received by the Minister 31
within that time into account before making a decision on the 32
matter. 33
(4) Except as provided by this Act, a notice under this section is not to be 34
revoked wholly or in part otherwise than by Act of Parliament. 35
Page 13
Clause 19 Forestry Bill 2012
Part 3 State forests and flora reserves
19 Prohibition of forestry operations in special management zones (1916 1
Act, s 21A (2), (2A), (4)-(6) and (8)) 2
(1) The Minister may, by notice in writing to the Corporation: 3
(a) prohibit particular kinds of forestry operations in a special 4
management zone, or 5
(b) prohibit forestry operations in the zone unless particular 6
conditions are complied with. 7
(2) The carrying out of general purpose logging is prohibited in a special 8
management zone. 9
(3) The Corporation must ensure that any forestry operations carried out in 10
a special management zone comply with any prohibition imposed by or 11
under this section. 12
(4) An integrated forestry operations approval does not authorise the 13
carrying out of any forestry operations in a special management zone 14
that are prohibited by or under this section. 15
(5) The Minister may vary or revoke a notice under this section by a further 16
notice. 17
(6) The Minister is to ensure that any notice under this section is made 18
available for public inspection on such website as the Minister thinks 19
appropriate. 20
20 Revocation of special management zones (1916 Act, s 21A (1B) and (1C)) 21
(1) The Governor may, by notice published in the Gazette, revoke the 22
declaration of any land as or as part of a special management zone and 23
by that notice set apart the land as or as part of a flora reserve. 24
(2) The Governor may, by a notice under Division 1 of Part 4 of the 25
National Parks and Wildlife Act 1974 that reserves land under that Act: 26
(a) revoke the declaration of the land, or any part of the land, as a 27
special management zone, and 28
(b) revoke the dedication of the land, or any part of the land, to which 29
the declaration as a special management zone applies, as State 30
forest. 31
Division 3 Management plans and working plans 32
21 Management plans for State forests 33
(1) The Corporation is to prepare and adopt plans for its management of 34
State forests. 35
(2) A management plan may relate to one or more State forests. 36
Page 14
Forestry Bill 2012 Clause 22
State forests and flora reserves Part 3
(3) A management plan must contain such information or other matter as 1
may be prescribed by the regulations. 2
(4) A management plan may be amended in accordance with the procedures 3
and requirements of this Division relating to the preparation and 4
adoption of a management plan. 5
22 Management plans to be consistent with integrated forestry operations 6
approvals (2009 Reg, cl 6) 7
(1) The Corporation is not to adopt a management plan for a State forest 8
that is wholly or partly located in the area to which an integrated forestry 9
operations approval applies unless it is in accordance with the terms of 10
the integrated forestry operations approval for the area. 11
(2) To the extent that a management plan for a State forest that is wholly or 12
partly located in the area to which an integrated forestry operations 13
approval applies is not consistent with the terms of the integrated 14
forestry operations approval for the area, the terms of the approval 15
prevail. 16
(3) The requirements of this section are in addition to the other 17
requirements of this Division in relation to management plans. 18
23 Procedures for preparing and adopting management plans (2009 Reg, 19
cl 5) 20
(1) Before adopting a draft management plan, the Corporation is to ensure 21
that the draft plan is publicly advertised in a notice that: 22
(a) is published on the website of the Corporation, and 23
(b) includes a brief description of the draft plan, and 24
(c) includes a statement indicating a location at which members of 25
the public may examine a copy of the draft plan, and 26
(d) indicates a closing date on or before which written submissions 27
may be made to the Corporation concerning the draft plan, being 28
a date that is not less than 30 days after the date on which the 29
notice is first published. 30
(2) The Corporation is, before adopting the draft plan, to consider any 31
submissions made to it on or before the closing date for submissions 32
specified in the notice. 33
24 Review of management plans 34
A management plan for a State forest is to be reviewed: 35
(a) after any review and amendment of any integrated forestry 36
operations approval that applies to the area of the plan to ensure 37
the plan is consistent with that amended approval, and 38
Page 15
Clause 25 Forestry Bill 2012
Part 3 State forests and flora reserves
(b) at such other times as the Corporation considers appropriate. 1
25 Working plans for flora reserves (1916 Act, s 25A (5)) 2
(1) The Corporation is, in respect of each flora reserve, to prepare a detailed 3
written scheme of the operations to be carried out on or in relation to the 4
flora reserve. 5
(2) The object of any such scheme is to be the preservation of native flora 6
on the flora reserve. 7
(3) The Corporation is to submit the scheme for a flora reserve to the 8
Minister for approval and, if approved by the Minister, the scheme 9
becomes the working plan for the flora reserve. 10
(4) Operations may not be carried out on or in relation to a flora reserve 11
unless such operations are in accordance with the working plan for the 12
reserve. 13
(5) The working plan for a flora reserve may, with the approval of the 14
Minister, be amended or altered from time to time. 15
(6) A working plan may contain provisions authorising a local council in 16
whose area a flora reserve is situated to participate to the extent 17
specified in the working plan in the management of the reserve or in 18
carrying out any of the operations authorised by the working plan on or 19
in relation to the reserve. In any such case, the council concerned may 20
expend out of its consolidated fund any money necessary to meet the 21
costs and expenses of exercising the authority conferred on it by the 22
working plan. 23
(7) A working plan may also contain provisions authorising the 24
representative or representatives of any local committee or public body 25
or organisation to participate, to the extent specified in the working 26
plan, in the management of the flora reserve or in carrying out any of 27
the operations authorised by the working plan. 28
Division 4 Acquisition and sale of land 29
26 Acquisition of land for State forest purposes (1916 Act, s 15 (1) and (2)) 30
(1) The Minister may, for the purpose of a State forest, for the purpose of 31
providing access to a State forest or for any purpose necessary for or 32
incidental to the management or control of a State forest, acquire land 33
(including an interest in land) by agreement or by compulsory process 34
in accordance with the Land Acquisition (Just Terms Compensation) 35
Act 1991. 36
(2) On acquisition, the land is vested in the Crown. 37
Page 16
Forestry Bill 2012 Clause 27
State forests and flora reserves Part 3
27 Acquisition of land dedicated as State forest (1916 Act, s 15 (3) and (4)) 1
(1) The Minister may, for the purpose of giving effect to a land exchange 2
agreement, acquire land dedicated as State forest by compulsory 3
process in accordance with the Land Acquisition (Just Terms 4
Compensation) Act 1991. 5
(2) Despite any other provision of this Act, the publication in the Gazette of 6
an acquisition notice under section 19 of the Land Acquisition (Just 7
Terms Compensation) Act 1991 for the purposes of this section operates 8
to revoke any dedication as State forest, declaration as special 9
management zone or any dedication or setting apart as flora reserve of 10
the land referred to in the acquisition notice. 11
28 Acquisition of land for future lease grant or dealing (1916 Act, s 15 12
(4A)-(4E)) 13
(1) The Minister may, on behalf of the Crown, acquire land (including an 14
interest in land) for the purposes of a future lease grant or dealing by 15
agreement or by compulsory process in accordance with the Land 16
Acquisition (Just Terms Compensation) Act 1991. 17
(2) An acquisition for a future lease grant or dealing is an acquisition: 18
(a) to enable the reservation, dedication or setting apart of land under 19
this Act and the exercise of functions conferred or imposed by or 20
under this Act in relation to land, or 21
(b) to enable the exercise of functions conferred or imposed by or 22
under this Act in relation to land already reserved, dedicated or 23
set apart under this Act. 24
(3) The publication in the Gazette of an acquisition notice under section 19 25
of the Land Acquisition (Just Terms Compensation) Act 1991 for a 26
purpose that is described as a future lease grant or dealing does not: 27
(a) to the extent to which the land referred to in the acquisition notice 28
was Crown land immediately before the publication of the 29
acquisition notice, affect the status of the land as Crown land, or 30
(b) operate to revoke a dedication as State forest, declaration as 31
special management zone or dedication or setting apart as a flora 32
reserve or reservation as a timber reserve of the land referred to 33
in the acquisition notice. 34
(4) This section does not limit the purposes for which land may be acquired 35
under any other provision of this Act. 36
Page 17
Clause 29 Forestry Bill 2012
Part 3 State forests and flora reserves
29 Sale of certain land (1916 Act, s 15 (6)) 1
The Minister may sell any land acquired to provide access to a State 2
forest or for any purpose necessary for or incidental to the control or 3
management of a State forest if that land: 4
(a) has not been dedicated as a State forest, or 5
(b) is not required for the purposes of a State forest or to provide 6
access to a State forest or for any purpose necessary for or 7
incidental to the control or management of a State forest. 8
30 Application of Public Works Act 1912 (1916 Act, s 15 (5)) 9
For the purposes of the Public Works Act 1912, any acquisition of land 10
under this Division is taken to be for an authorised work and the 11
Minister is, in relation to that authorised work, taken to be the 12
Constructing Authority. 13
Division 5 Miscellaneous 14
31 Exchange of land dedicated as State forest (1916 Act, s 16A) 15
(1) The Minister may enter into an agreement for the sale or other disposal 16
of land dedicated as State forest subject to the sale of other land, or of 17
an interest in other land, to the Crown for the purpose of a State forest 18
or for access to a State forest (a land exchange agreement). 19
(2) A land exchange agreement may contain such terms and conditions as 20
the Minister thinks fit. 21
(3) The Minister may not enter into a land exchange agreement unless: 22
(a) the Minister has consulted the Corporation about the proposed 23
agreement, and 24
(b) the Minister administering the provisions of an Act (other than 25
this Act) relating to dealings with land vested in the Crown has 26
approved the proposed agreement in so far as it relates to the 27
grant of or other dealing with land that, under the agreement, is 28
to be held subject to those provisions and in so far as it relates to 29
the terms and conditions on which it is to be so held, and 30
(c) a copy of the proposed agreement has, where it provides for the 31
sale or other disposal of dedicated land that exceeds 20 hectares 32
in area, been laid before both Houses of Parliament, and 33
(d) if compliance with paragraph (c) is required: 34
(i) notice has not been given, in either House of Parliament 35
within 15 sitting days after a copy of the proposed 36
agreement has been laid before it, of a motion that the 37
agreement not be entered into, or 38
Page 18
Forestry Bill 2012 Clause 32
State forests and flora reserves Part 3
(ii) if any such notice is given, that the motion pursuant to the 1
notice has been withdrawn or defeated. 2
(4) Subsection (3) does not operate to prevent the Minister from entering 3
into an agreement by reason only that the parties to the agreement differ 4
from those specified in a proposed agreement, relating to the same land, 5
that the Minister is authorised to enter into. 6
(5) An interested party is not required to inquire: 7
(a) whether subsection (3) has been complied with in relation to an 8
agreement purporting to have been made under this section, or 9
(b) whether the Minister is authorised to give effect to the agreement 10
by an assurance of land vested in the Minister as the Constructing 11
Authority under the Public Works Act 1912. 12
(6) For the purposes of subsection (5), an interested party is any of the 13
following: 14
(a) a party to a land exchange agreement, 15
(b) a person claiming an estate or interest in any land the subject of a 16
land exchange agreement, 17
(c) the Registrar-General or other person registering or certifying 18
title to land the subject of a land exchange agreement. 19
(7) If a land exchange agreement provides for the doing or execution of any 20
act, matter or thing under an Act other than this Act and the doing or 21
execution of the act, matter or thing would not, but for this subsection, 22
be authorised by that other Act, the doing or execution of that act, matter 23
or thing is taken to be so authorised, and any other act, matter or thing 24
for which the agreement provides may be done or executed without any 25
further authority than this Act. 26
(8) A failure to comply with subsection (3) in respect of a land exchange 27
agreement does not invalidate the agreement or anything done under it. 28
32 Revocation of dedication of land as State forest in certain 29
circumstances (1916 Act, s 19B) 30
(1) The Minister may, by notice published in the Gazette, revoke the 31
dedication as State forest of an area of land not exceeding 20 hectares if 32
the Minister is of the opinion that the land should be made available for 33
a public work, or an authorised work, within the meaning of the Public 34
Works Act 1912, or for a public purpose within the meaning of any other 35
Act, that is specified in the notice. 36
(2) Any such notice also operates to revoke any declaration of the affected 37
land as a special management zone. 38
(3) This section has effect despite any other provision of this Act. 39
Page 19
Clause 33 Forestry Bill 2012
Part 3 State forests and flora reserves
33 Leases within State forests and flora reserves (1916 Act, s 20) 1
A lease to occupy land within a State forest or flora reserve may not be 2
granted except under this Act. 3
34 Easements and rights of way (1916 Act, s 20A) 4
(1) The Minister may, on such terms and conditions as the Minister thinks 5
fit, grant an easement or right of way through or over land within a State 6
forest or flora reserve. 7
(2) The Minister may accept a surrender of any easement or right of way 8
through or over land within a State forest or flora reserve. 9
35 Land subject to mining law (1916 Act, s 21) 10
(1) Land within a State forest or flora reserve is, for the purposes of the 11
definition of exempted area in the Mining Act 1992 or in section 70 of 12
the Petroleum (Onshore) Act 1991, land dedicated for public purposes. 13
(2) The exercise of any right under the Mining Act 1992 or the Petroleum 14
(Onshore) Act 1991 on land within a State forest or flora reserve is 15
subject to such conditions and restrictions relating to forestry or the 16
purposes of the flora reserve as may be prescribed by the regulations. 17
(3) The Minister may, with the concurrence of the Minister administering 18
the Mining Act 1992, by order published in the Gazette exempt any part 19
of a State forest or flora reserve from the operation of the Mining Act 20
1992 or the Petroleum (Onshore) Act 1991. 21
36 Effect of dedication etc on existing leases and licences (1916 Act, s 25) 22
(1) The dedication of land as State forest, the declaration of land as a special 23
management zone or the dedication or setting apart of land as a flora 24
reserve does not, except as provided by this Act, affect any lease or 25
licence from the Crown that is in force immediately before the 26
dedication, declaration or reservation (an existing lease or licence). 27
(2) An existing lease or licence may not be renewed or extended. However, 28
an existing lease or licence under the Western Lands Act 1901 may be 29
renewed or extended with the approval of the Minister and subject to 30
such conditions as the Minister thinks fit to impose. 31
(3) The administration of matters relating to existing leases or licences is 32
the responsibility of the Minister or, with the approval of the Minister, 33
the Corporation. For that purpose, the Minister and the Corporation (as 34
the case requires) have the powers of the Minister administering the 35
Crown Lands Act 1989. 36
Page 20
Forestry Bill 2012 Clause 37
State forests and flora reserves Part 3
(4) However, subsection (3) does not apply in relation to land in the 1
Western Division unless the Minister otherwise declares by notice 2
published in the Gazette. 3
(5) An existing lease or licence in respect of land within a State forest may 4
be surrendered in whole or in part to the Crown and a forest lease under 5
this Act may be granted instead. 6
(6) Money payable as rent under an existing lease or licence is to be 7
received by the Corporation. 8
37 Declaration of access roads (1916 Act, s 33A) 9
(1) The Minister may, by order published in the Gazette, declare any road: 10
(a) constructed on land: 11
(i) dedicated as State forest (whether or not the land is 12
declared to be a special management zone or set apart as a 13
flora reserve), or 14
(ii) dedicated as a flora reserve, and 15
(b) described in the order in such manner as the Minister thinks fit, 16
to be a road of access to land purchased or held under a lease or licence 17
under the Crown Lands Acts. 18
(2) Any such order has effect according to its tenor. 19
(3) The declaration and use of any such access road does not affect the 20
status, as State forest, special management zone or flora reserve, of the 21
land on which it is constructed. 22
Page 21
Clause 38 Forestry Bill 2012
Part 4 Taking of timber, forest products and forest materials
Part 4 Taking of timber, forest products and forest 1
materials 2
Division 1 General offence 3
38 Unlawful taking of timber etc (1916 Act, s 27) 4
(1) A person must not: 5
(a) on any Crown-timber land: 6
(i) cut, strip, obtain, remove, destroy or damage any timber, or 7
(ii) dig for, extract, obtain, remove, destroy or damage any 8
forest products, or 9
(iii) cause or allow any of those things to be done, or 10
(b) on any State forest or flora reserve--quarry, dig for, extract, 11
obtain, remove, destroy or damage any forest materials or cause 12
or allow any of those things to be done. 13
Maximum penalty: 50 penalty units or imprisonment for 6 months, or 14
both, and $10 for each tree destroyed or damaged in the commission of 15
the offence. 16
(2) Subsection (1) applies in relation to Crown-timber land despite the 17
provisions of this or any other Act or any terms or conditions subject to 18
which any tenure of the Crown-timber land is held. If any such terms or 19
conditions require the taking or destruction of any timber or forest 20
products, those terms and conditions are to be construed as imposing 21
that requirement subject to the holder of the tenure obtaining a timber 22
licence, forest products licence or clearing licence. 23
(3) A person does not commit an offence under subsection (1): 24
(a) if the act in question is authorised by or under any of the 25
following: 26
(i) a licence or small quantity authorisation, 27
(ii) the Native Vegetation Act 2003 (including any instrument 28
made under that Act), 29
(iii) the Mining Act 1992 or any mineral claim or mining lease 30
under that Act, 31
(iv) the Petroleum (Onshore) Act 1991 or any petroleum title 32
under that Act, 33
(v) a forestry right or any restriction on use or covenant 34
imposed under Division 4 of Part 6 of the Conveyancing 35
Act 1919 in connection with the forestry right, 36
(vi) Schedule 6 to the Crown Lands (Continued Tenures) Act 37
1989, 38
Page 22
Forestry Bill 2012 Clause 39
Taking of timber, forest products and forest materials Part 4
(vii) section 18D (1) (b) of the Western Lands Act 1901, or 1
(b) if the act in question is done or authorised by the land manager of 2
the forestry area in accordance with this Act, or 3
(c) in the course of carrying out duties as an authorised officer, or 4
(d) in the circumstances referred to in clause 5 (7) of Schedule 1. 5
(4) Subsection (1) does not apply in relation to: 6
(a) forestry operations carried out by or on behalf of the Corporation, 7
or 8
(b) forest products or forest materials taken by the Corporation, or 9
(c) any tree on Crown-timber land (not being land referred to in 10
paragraph (a) or (c) of the definition of Crown-timber land) or on 11
land the subject of a forest lease if: 12
(i) the Corporation has certified in writing that the tree has 13
been planted or established and has been maintained by 14
careful tending and improvement as part of a woodlot or 15
forest or for the purpose of tree-farming, or 16
(ii) the tree is or was situated on an authorised plantation 17
within the meaning of the Plantations and Reafforestation 18
Act 1999, or 19
(d) any tree on land affected by a profit à prendre if the Corporation 20
has certified in writing that the tree is not subject to the profit à 21
prendre, or 22
(e) any timber removed, felled or destroyed in accordance with 23
section 89 of the Rural Lands Protection Act 1998. 24
Division 2 Licensing scheme 25
39 General provisions relating to licences 26
(1) The following types of licences may be issued by the Corporation: 27
(a) timber licences, 28
(b) forest products licences, 29
(c) forest materials licences, 30
(d) clearing licences. 31
(2) A licence is subject to such conditions as may be imposed by the 32
Corporation or as are prescribed by the regulations. 33
(3) The authority conferred by a licence is subject to the regulations. 34
(4) A licence may not be transferred except with the consent of the 35
Corporation. 36
Page 23
Clause 40 Forestry Bill 2012
Part 4 Taking of timber, forest products and forest materials
40 Timber licences (1916 Act, s 27A) 1
(1) A timber licence authorises the holder to take timber, or such class or 2
description of timber as is specified in the licence, on Crown-timber 3
land. 4
(2) The term of a timber licence is the term specified in the licence, but the 5
term: 6
(a) must not exceed 5 years without the prior written approval of the 7
Minister, and 8
(b) must not, in any event, exceed 20 years. 9
41 Forest products licences (1916 Act, s 27B) 10
(1) A forest products licence authorises the holder to take forest products, 11
or such class or description of forest products as is specified in the 12
licence, on Crown-timber land. 13
(2) The term of a forest products licence is such term, not exceeding 14
5 years, as is specified in the licence. 15
42 Forest materials licences (1916 Act, s 27C) 16
(1) A forest materials licence authorises the holder to take forest materials, 17
or such class or description of forest materials as is specified in the 18
licence, from a State forest. 19
(2) The term of a forest materials licence is the term specified in the licence, 20
but the term: 21
(a) must not exceed 5 years without the prior written approval of the 22
Minister, and 23
(b) must not, in any event, exceed 20 years. 24
43 Clearing licences (1916 Act, s 27G) 25
(1) A clearing licence authorises: 26
(a) the holder, and 27
(b) a successor in title to the land in respect of which the clearing 28
licence is issued, 29
to ringbark or otherwise kill or destroy trees, or such class or description 30
of trees as is specified in the licence, on such Crown-timber land as is 31
specified in the licence. 32
(2) Subsection (1) has effect despite any other Act or any terms or 33
conditions subject to which any tenure of the Crown-timber land is held. 34
(3) The term of a clearing licence is the term specified in the licence. 35
Page 24
Forestry Bill 2012 Clause 44
Taking of timber, forest products and forest materials Part 4
44 Restrictions on issuing licences (1916 Act, ss 27D-27F and 27H) 1
(1) Licences in respect of flora reserves 2
A timber licence, forest products licence or forest materials licence in 3
respect of a flora reserve may not be issued unless: 4
(a) the conditions of the licence are in accordance with the working 5
plan for the flora reserve, and 6
(b) the issue of the licence is approved by the Minister. 7
(2) Clearing licences 8
A clearing licence may not be issued: 9
(a) in respect of land within a State forest that is not the subject of a 10
forest lease or any other lease from the Crown, or 11
(b) in respect of land within a flora reserve, or 12
(c) in respect of Crown-timber land that is the subject of a lease 13
under the Western Lands Act 1901 and is not within a State forest 14
or timber reserve, or 15
(d) if the Crown-timber land is: 16
(i) held subject to a prescribed Crown tenure--except to the 17
holder of that tenure, or 18
(ii) purchase-tenure land within the meaning of Schedule 1-- 19
except to the owner (within the meaning of that Schedule) 20
of that land, or 21
(iii) held under a forest lease--except to the lessee, or 22
(e) in respect of land that is vested in, owned by, held on trust by or 23
leased (as lessee) by the Nature Conservation Trust of New South 24
Wales constituted by the Nature Conservation Trust Act 2001, or 25
(f) in respect of land that is the subject of a Trust agreement under 26
the Nature Conservation Trust Act 2001, or 27
(g) in respect of State protected land as referred to in clause 4 of 28
Schedule 3 to the Native Vegetation Act 2003, or 29
(h) to clear any native vegetation within the meaning of the Native 30
Vegetation Act 2003, or 31
(i) to ringbark or otherwise kill or destroy trees having economic 32
value. 33
(3) Consent of lessees or trustees 34
A timber licence or forest products licence may not be issued: 35
(a) in the case of land held under a conditional purchase lease under 36
the Crown Lands Acts--unless the lessee of that land consents to 37
the issue of the licence, or 38
Page 25
Clause 45 Forestry Bill 2012
Part 4 Taking of timber, forest products and forest materials
(b) in the case of land in respect of which trustees have been 1
appointed for a public purpose--unless those trustees consent to 2
the issue of the licence. 3
(4) Trees planted etc for certain purposes 4
A timber licence or forest products licence may not be issued in respect 5
of Crown-timber land (not being a State forest or flora reserve) if, in the 6
opinion of the Corporation: 7
(a) trees have been planted or established on the land and have been 8
maintained by careful tending and improvement as a woodlot or 9
forest or for the purpose of tree-farming, or have been planted or 10
established as a windbreak or for the beautification of the land, or 11
(b) the land is the subject of a forestry right, or 12
(c) the land has been substantially improved for farming purposes 13
and the trees on the land are necessary for shade or shelter or for 14
the purpose of the farming, improvement or protection of the 15
land, 16
unless the licence is subject to a condition preventing the holder of the 17
licence from taking from the land to which the licence relates any such 18
trees as are designated or described in the condition. 19
(5) The requirement to impose a condition in respect of land referred to in 20
subsection (4) (c) extends only to trees designated or described in the 21
condition and having a total timber content not exceeding 150 cubic 22
metres as determined by the Corporation. 23
(6) Subsection (4) does not, in the case of Crown-timber land that is subject 24
to a prescribed Crown tenure, apply to the issue of a timber licence or 25
forest products licence to the holder of that tenure or, with the consent 26
of that holder, to any other person. 27
45 Small quantity authorisations (1916 Act, s 30I) 28
(1) The Corporation may, otherwise than by the issue of a timber licence, 29
forest products licence or forest materials licence, authorise a person: 30
(a) to take timber, forest products or forest materials having a value 31
of not more than $1,000 (or such other amount as may be 32
prescribed by the regulations) on or from land within a State 33
forest, other than land set apart as a flora reserve, or 34
(b) to take timber or forest products having a value of not more than 35
$1,000 (or such other amount as may be prescribed by the 36
regulations) on or from Crown land. 37
(2) A small quantity authorisation is subject to such conditions as may be 38
imposed by the Corporation or by the regulations. 39
Page 26
Forestry Bill 2012 Clause 46
Taking of timber, forest products and forest materials Part 4
(3) The authority conferred by a small quantity authorisation is subject to 1
the regulations. 2
(4) A small quantity authorisation may not be issued in respect of: 3
(a) land held under a conditional purchase lease, closer settlement 4
lease, group purchase lease, settlement purchase lease or returned 5
soldiers' special holding unless the lessee of that land consents to 6
the issue of the authorisation, or 7
(b) land in respect of which trustees have been appointed for a public 8
purpose unless those trustees consent to the issue of the 9
authorisation. 10
46 Suspension and revocation of licences and small quantity 11
authorisations (1916 Act, s 35) 12
The Corporation: 13
(a) may suspend a licence or small quantity authorisation if it is of 14
the opinion that the holder of the licence or authorisation has 15
failed to comply with any of the terms or conditions of the licence 16
or authorisation, and 17
(b) may, after giving the holder of the licence or authorisation an 18
opportunity to make representations in relation to the matter, 19
revoke the licence or authorisation. 20
47 Delegation of certain functions (1916 Act, s 10A and 2009 Reg, cl 68) 21
The Corporation may delegate to a person or body, or a person or body 22
of a class, prescribed by the regulations any of its functions under this 23
Division that relate to clearing licences (except in respect of State 24
forests and timber reserves) or small quantity authorisations. 25
Division 3 Payment of resource acquisition fee 26
48 Definitions (1916 Act, s 30) 27
In this Division: 28
landholder, in relation to prescribed land, means: 29
(a) in the case of land held under a prescribed lease (not being a 30
special purpose lease within the meaning of Division 3A of Part 31
4 of the Crown Lands Act 1989 or Part 9E of the Western Lands 32
Act 1901)--the lessee of the land, or 33
(b) in the case of purchase-tenure land--the owner of the land, or 34
(c) in the case of land under the care, control and management of a 35
livestock health and pest authority--the authority having the 36
care, control and management of the land. 37
Page 27
Clause 49 Forestry Bill 2012
Part 4 Taking of timber, forest products and forest materials
lessee means the holder or owner of a lease, but does not include a 1
mortgagee of land the subject of a lease. 2
owner, in relation to purchase-tenure land, has the same meaning as in 3
Schedule 1. 4
prescribed land means: 5
(a) land held by a lessee under a prescribed lease, or 6
(b) purchase-tenure land, or 7
(c) a controlled travelling stock reserve within the meaning of the 8
Rural Lands Protection Act 1998. 9
prescribed lease means a lease specified in the Second Schedule to the 10
former Act. 11
purchase-tenure land has the same meaning as in Schedule 1. 12
responsible authority has the same meaning as in Part 8 of the Rural 13
Lands Protection Act 1998. 14
49 Resource acquisition fee for taking timber, forest products or forest 15
materials (1916 Act, s 30A) 16
(1) The holder of a timber licence, forest products licence or forest 17
materials licence must, in accordance with this Division, pay a resource 18
acquisition fee in respect of the timber, forest products or forest 19
materials taken under the authority of the licence. 20
(2) Any such resource acquisition fee is payable to and recoverable by the 21
Corporation. 22
(3) Subsection (1) does not require the payment of a resource acquisition 23
fee in respect of timber taken under the authority of a timber licence 24
from land the subject of a Crown tenure if the timber is derived from 25
trees which, in the opinion of the Corporation: 26
(a) have been planted or established and have been maintained by 27
careful tending and improvement as a woodlot or forest or for the 28
purpose of tree-farming, or 29
(b) have been planted or established as a windbreak or for the 30
beautification of the land. 31
50 Limitation on resource acquisition fee (1916 Act, s 30AA) 32
The Corporation is not entitled to a resource acquisition fee in respect 33
of any timber or forest products: 34
(a) derived from trees that have been established on land that is the 35
subject of a forestry right, and 36
Page 28
Forestry Bill 2012 Clause 51
Taking of timber, forest products and forest materials Part 4
(b) taken in accordance with the forestry right and any restriction on 1
use or covenant imposed in connection with the forestry right, 2
unless the forestry right is granted by the Corporation. 3
51 Amount of resource acquisition fee (1916 Act, s 30B) 4
(1) The Corporation may determine the amount of a resource acquisition 5
fee either generally or in a particular case or class of cases. 6
(2) The amount of any such resource acquisition fee is subject to any 7
maximum amount prescribed by the regulations. Any such regulation 8
may only be made with the concurrence of the Treasurer. 9
52 Payments to certain timber organisations (1916 Act, s 30D) 10
The Corporation may determine, either generally or in a particular case 11
or class of cases, to pay such part of a resource acquisition fee as is 12
specified in its determination to such organisation established for the 13
promotion or improvement of the use or marketing of timber or forest 14
products produced in New South Wales as is so specified. 15
53 Apportionment of resource acquisition fee--prescribed land (1916 Act, 16
s 30E) 17
(1) This section applies to a resource acquisition fee payable in respect of 18
timber, forest products or forest materials taken on or from prescribed 19
land. 20
(2) If a resource acquisition fee to which this section applies is paid to the 21
Corporation, the Corporation is required to pay to the landholder 22
concerned (other than a responsible authority) one-third of the balance 23
of the resource acquisition fee remaining after deduction of the 24
following amounts: 25
(a) any part of the resource acquisition fee that is payable under 26
section 52, 27
(b) any costs incurred by the Corporation in connection with the 28
establishment, planting, maintenance, improvement and 29
protection of the timber, forest products or forest materials, 30
(c) any costs incurred by the Corporation in connection with the 31
facilitation of the taking of the timber, forest products or forest 32
materials, including the costs of construction and maintenance of 33
roads, bridges, gates, ramps and incidental works. 34
(3) The costs that are deductible under subsection (2) (b) and (c) are to be 35
as determined by the Corporation. 36
(4) A share of the resource acquisition fee payable by the Corporation to a 37
landholder under this section must be paid before the expiration of one 38
month after the end of the financial year of the Corporation that is 39
Page 29
Clause 54 Forestry Bill 2012
Part 4 Taking of timber, forest products and forest materials
current when the resource acquisition fee concerned is paid to the 1
Corporation. 2
(5) This Division does not entitle a landholder to be paid an amount of a 3
resource acquisition fee in respect of the taking of timber, forest 4
products or forest materials under a licence held by the landholder. 5
54 Resource acquisition fee payments by Forestry Corporation (1916 Act, 6
s 30F) 7
If the Corporation takes timber or forest products from prescribed land, 8
the Corporation is required: 9
(a) to pay to an organisation specified in a determination under 10
section 52 the amount that would have been payable under the 11
determination, and 12
(b) to pay to the landholder concerned (other than a responsible 13
authority) the amount that would have been payable to the 14
landholder under section 53, 15
if the timber or forest products had been taken under a timber licence or 16
forest products licence and a resource acquisition fee had been paid to 17
the Corporation in respect of the timber or forest products in accordance 18
with this Division. 19
55 Liability for resource acquisition fee if timber etc taken without licence 20
(1916 Act, s 30H) 21
(1) If: 22
(a) a person takes, destroys or damages, or causes or allows the 23
taking, destroying or damaging of, any timber, forest products or 24
forest materials without lawful authority (whether or not by doing 25
so the person is guilty of an offence under this Act), and 26
(b) the Corporation would, if the timber, forest products or forest 27
materials had been taken under the authority conferred by a 28
licence, have been entitled to determine a resource acquisition fee 29
in respect of the timber, forest products or forest materials so 30
taken, 31
the Corporation may certify in writing the amount that it determines 32
would have been payable by way of a resource acquisition fee if the 33
timber, forest products or forest materials had been taken under a 34
licence. 35
(2) The Corporation may recover any such amount from the person as a 36
debt in any court of competent jurisdiction. 37
(3) Section 53 applies in respect of an amount recovered by the Corporation 38
under this section as if the amount were a resource acquisition fee paid 39
to the Corporation under section 49. 40
Page 30
Forestry Bill 2012 Clause 56
Taking of timber, forest products and forest materials Part 4
(4) Subsection (3) does not require the Corporation, in respect of an amount 1
recovered by it under this section, to make a payment out of the amount 2
to the person from whom the amount is recovered. 3
56 Deductions for construction of works (1916 Act, s 11 (4)) 4
(1) The Corporation may enter into an agreement with the holder of a 5
timber licence, forest products licence or forest materials licence: 6
(a) for the construction by the licence holder of any works that, in the 7
opinion of the Corporation, are necessary to enable timber, forest 8
products or forest materials to be taken from the land in respect 9
of which the licence is issued, and 10
(b) for the cost of the works, as specified in the agreement, to be 11
deducted, in such manner as may be specified in the agreement, 12
by the licence holder from any resource acquisition fee which, 13
but for the deductions, the holder would be liable to pay. 14
(2) In this section, works include any road, bridge, gate or ramp. 15
Page 31
Clause 57 Forestry Bill 2012
Part 5 Use of forestry areas for non-forestry purposes
Part 5 Use of forestry areas for non-forestry purposes 1
Division 1 Land managers 2
57 Land manager of forestry areas 3
(1) The Corporation is the land manager of forestry areas except as 4
provided by this section. 5
(2) The land manager of a forestry area has, subject to any order under this 6
section, the functions conferred or imposed on the land manager by or 7
under this or any other Act in relation to the forestry area. 8
(3) The Minister may, with the concurrence of the voting shareholders of 9
the Corporation, by order published in the Gazette appoint a 10
government agency, or a person or body (or a person or body of a class) 11
prescribed by the regulations: 12
(a) as the land manager of a specified forestry area or specified class 13
of forestry area, or 14
(b) as the land manager of a specified forestry area or specified class 15
of forestry area, but only for the purposes of exercising specified 16
land management functions in relation to that area. 17
(4) The government agency or the person or body so appointed is the land 18
manager of any such specified forestry area or class of forestry area to 19
the extent specified in the order. 20
(5) If a government agency or a person or body is appointed as the land 21
manager of a forestry area for the purposes of exercising specified land 22
management functions in relation to that area, the government agency 23
or person or body is taken to have the control and management of the 24
forestry area for the purposes of exercising those functions. 25
(6) The land manager of a forestry area may delegate functions as manager 26
of the area to a person or body, or a person or body of a class, prescribed 27
by the regulations. 28
(7) The appointment of a person or body (other than a government agency) 29
under this section may only be made with the consent of that person or 30
body. 31
(8) An order under this section may provide that the exercise of particular 32
functions of the land manager specified in the order require the approval 33
of the Corporation. 34
Page 32
Forestry Bill 2012 Clause 58
Use of forestry areas for non-forestry purposes Part 5
58 Functions of land manager confined to non-forestry uses 1
The functions that may be exercised by the land manager of a forestry 2
area do not include functions relating to the carrying out of forestry 3
operations in the area or functions of the kind conferred or imposed on 4
the Corporation under Part 2. 5
59 Objectives of land manager of forestry area 6
(1) The land manager of a forestry area has the following objectives in the 7
exercise of functions as land manager of the area: 8
(a) to facilitate public access to the forestry area, 9
(b) to promote the recreational use of the forestry area, 10
(c) to conserve fauna (other than feral animals) living in the forestry 11
area. 12
(2) However, the functions of the land manager of a forestry area are to be 13
exercised: 14
(a) in the case of an area that is or is part of a State forest: 15
(i) in a manner that is not inconsistent with the use of State 16
forests for the purposes of carrying out forestry operations, 17
and 18
(ii) in accordance with the management plan for the State 19
forest and in accordance with good forestry practice, and 20
(b) in the case of an area that is or is part of a flora reserve: 21
(i) in a manner that is not inconsistent with the use of flora 22
reserves for the preservation of native flora, and 23
(ii) in accordance with the working plan for the flora reserve. 24
(3) The principal objectives of the Corporation specified in section 10 (1) 25
(a) and (e) do not apply in relation to the Corporation in the exercise of 26
its functions as the land manager of a forestry area. 27
Division 2 Forest permits and leases 28
60 Forest permits for non-forestry uses (1916 Act, ss 31 (1)-(2) and 32F) 29
(1) The land manager of a forestry area may, on payment of such fee as may 30
be determined by the land manager, issue a forest permit authorising the 31
holder of the permit to use the forestry area for such purposes (including 32
recreational, sporting or commercial activities) as are specified in the 33
permit. 34
(2) The amount of any such fee is subject to any maximum amount 35
prescribed by the regulations. Any such regulation may only be made 36
with the concurrence of the Treasurer. 37
Page 33
Clause 61 Forestry Bill 2012
Part 5 Use of forestry areas for non-forestry purposes
(3) The purposes for which a forestry area may be used under the authority 1
conferred by a forest permit are not to include forestry operations or any 2
purpose in respect of which a licence may be issued. 3
(4) A forest permit is subject to such conditions as may be imposed by the 4
land manager or by the regulations. 5
(5) A forest permit may be issued for such period as the land manager 6
thinks appropriate and may be renewed by the land manager. 7
(6) The authority conferred by a forest permit is subject to the regulations. 8
(7) In the event of any inconsistency between the activities carried out 9
under the authority conferred by a licence and any use authorised by a 10
permit issued by a land manager other than the Corporation, the licence 11
prevails to the extent of the inconsistency. 12
61 Ancillary provisions relating to forest permits (1916 Act, s 31 (3)-(7)) 13
(1) A forest permit may not be issued in respect of land within a flora 14
reserve except with the approval of the Minister and in accordance with 15
the working plan for the reserve. 16
(2) A forest permit may not be issued in respect of land that is subject to a 17
forestry right if the permit is for a purpose that is, in the opinion of the 18
land manager, inconsistent with: 19
(a) the forestry right, or 20
(b) a restriction on the use of land, or forestry covenant, imposed in 21
connection with the forestry right under Division 4 of Part 6 of 22
the Conveyancing Act 1919. 23
(3) A forest permit may also be issued by the Corporation in respect of any 24
Crown land that is not a forestry area (and not being Crown land that is 25
held under a conditional lease and not reserved from sale or under a 26
conditional purchase lease, closer settlement lease, group purchase 27
lease, settlement purchase lease or returned soldiers' special holding). 28
Any such Crown land is taken to be a forestry area for the purposes of 29
this Part (other than Division 3). 30
(4) A forest permit may not be issued in respect of Crown land as referred 31
to in subsection (3) except with the approval of the Minister 32
administering the Crown Lands Acts. 33
(5) Any such Crown land in respect of which a forest permit is issued must 34
not be available for sale during the currency of the permit. 35
(6) A forest permit does not operate to withdraw the land to which it applies 36
from any lease or licence under the Crown Lands Acts or the Western 37
Lands Act 1901 or from any forest lease granted under this Act. 38
Page 34
Forestry Bill 2012 Clause 62
Use of forestry areas for non-forestry purposes Part 5
(7) However, it is a condition of a forest permit that the holder of the permit 1
must, in addition to any fee payable to the land manager in respect of 2
the permit, pay any such licensee or lessee: 3
(a) in the case of a permit that authorises the grazing or watering of 4
horses or cattle--such agistment fees as the land manager may 5
determine, or 6
(b) in any other case--such compensation as may be determined by 7
the Minister. 8
(8) A forest permit may not be transferred except with the consent of the 9
land manager. 10
62 Forest leases (1916 Act, s 33) 11
(1) The land manager of a forestry area that is or is part of a State forest may 12
lease, on such conditions as the land manager thinks appropriate, land 13
within the area for any purpose specified in the lease. 14
(2) Any such purpose may not be inconsistent with the carrying out of 15
forestry operations in the forestry area concerned. 16
(3) A forest lease may not be granted: 17
(a) for a term of more than 6 years, or for an area of more than 40 18
hectares, except with the approval of the Minister, or 19
(b) for a term of more than 20 years unless it contains conditions 20
referred to in subsection (4), or 21
(c) for a term exceeding 50 years if it contains any such conditions. 22
(4) A forest lease may: 23
(a) contain conditions requiring the lessee to carry out work in 24
connection with the silvicultural management of the trees and 25
forest products on the land the subject of the lease in accordance 26
with a working plan for that land referred to in the lease, and 27
(b) if it contains any such conditions, provide that the lessee is 28
entitled: 29
(i) to a part of the resource acquisition fee paid for timber or 30
forest products taken from the land the subject of the lease 31
under a licence, or 32
(ii) in the case where timber or forest products are taken by the 33
Corporation from the land the subject of the lease--to a 34
part of the resource acquisition fee that would have been 35
payable under this Act if the timber or forest products had 36
been taken under a licence. 37
(5) Any such part of the resource acquisition fee to which the lessee may be 38
entitled under subsection (4) (b) is to be specified in the lease. 39
Page 35
Clause 63 Forestry Bill 2012
Part 5 Use of forestry areas for non-forestry purposes
(6) A forest lease may not be transferred except with the consent of the land 1
manager. 2
63 Suspension and revocation of forest permits and leases (1916 Act, s 35) 3
(1) A land manager: 4
(a) may suspend a forest permit or forest lease issued or granted by 5
the land manager if the land manager is satisfied that: 6
(i) the holder of the permit or lease has failed to comply with 7
any of the terms or conditions of the permit or lease, or 8
(ii) the permit or lease is not being used for the purpose for 9
which it was issued or granted, and 10
(b) may, after giving the holder of the permit or lease an opportunity 11
to make representations in relation to the matter, revoke the 12
permit or lease (as the case requires). 13
(2) A forest permit may be revoked on such other grounds as may be 14
prescribed by the regulations. 15
(3) If a forest permit is revoked, the land manager may refund all or part of 16
the fee paid for the permit. 17
Division 3 Provision of services and facilities for 18
non-forestry purposes 19
64 Agreement to provide services and facilities 20
(1) The land manager of a forestry area may enter into an agreement with 21
the Minister under which the land manager agrees to provide, or 22
facilitate the provision of, services and facilities in the area for the 23
benefit of persons who use the area otherwise than to carry out forestry 24
operations. 25
(2) Such services and facilities may include, but are not limited to, fire 26
protection measures, the establishment and maintenance of roads and 27
the management of recreational areas. 28
(3) An agreement under this section is to provide for the land manager to be 29
reimbursed for the costs of providing or facilitating the provision of 30
services and facilities under the agreement. 31
65 Direction to provide services and facilities 32
(1) The Minister may direct the land manager of a forestry area to provide 33
or facilitate the provision of services and facilities in the area that the 34
Minister is satisfied are for the benefit of persons who use the area 35
otherwise than to carry out forestry operations. 36
Page 36
Forestry Bill 2012 Clause 66
Use of forestry areas for non-forestry purposes Part 5
(2) Any such direction: 1
(a) must specify the services or facilities to which the direction 2
relates, and 3
(b) must specify the amount or a methodology by which that amount 4
may be assessed by the Minister as the estimated cost to the land 5
manager of complying with the direction, and 6
(c) must specify arrangements for the payment to the land manager 7
of an amount equivalent to the costs assessed by the Minister, as 8
referred to in paragraph (b), or, if the land manager disputes that 9
assessment, the costs assessed under section 66, and 10
(d) may require the land manager to publish the direction in the 11
manner specified in the direction. 12
(3) Before making a direction under this section, the Minister must: 13
(a) consult with the land manager concerned, and 14
(b) give the land manager written notice of the criteria on which the 15
estimated efficient costs of complying with the direction are to be 16
assessed. 17
(4) A land manager must comply with a direction given to the land manager 18
under this section. 19
66 Re-assessment of costs of compliance with direction 20
(1) Any dispute between the Minister and a land manager to whom a 21
direction has been given under section 65 (being a dispute as to the cost 22
to the land manager of complying with the direction) is to be referred to 23
a committee constituted by one or more assessors. 24
(2) The assessor or assessors to constitute such a committee are to be 25
suitably qualified persons appointed by agreement between the land 26
manager and the Minister or, if no such agreement can be reached, by 27
the Treasurer. 28
(3) In determining a dispute that has been referred to it under this section, a 29
committee: 30
(a) must consider any representations made by the parties to the 31
dispute, and 32
(b) must determine, on the basis of those representations and any 33
other information available to it, the amount or a methodology by 34
which the amount may be assessed as the efficient cost to the land 35
manager of complying with the direction to which the dispute 36
relates. 37
Page 37
Clause 67 Forestry Bill 2012
Part 5 Use of forestry areas for non-forestry purposes
(4) The committee's decision on a dispute binds the parties to the dispute, 1
but does not prevent the direction to which it relates from being 2
withdrawn. 3
(5) The committee's decision as to the efficient costs is taken to be the 4
amount of or the methodology for assessing costs for the purposes of the 5
Minister's direction and the direction is accordingly varied from the 6
date specified in the decision. 7
Division 4 Miscellaneous 8
67 Unauthorised use of forestry areas (1916 Act, ss 32 and 32G) 9
(1) A person must not, without lawful authority, use any land within a 10
forestry area. 11
Maximum penalty: 20 penalty units. 12
(2) In proceedings for an offence under this section, the defendant has the 13
onus of proving lawful authority in relation to the act giving rise to the 14
alleged offence. 15
68 Offences relating to hunting and using firearms or other weapons (1916 16
Act, s 32C) 17
(1) A person must not: 18
(a) possess or discharge a firearm in a forestry area, or 19
(b) possess, place or use a net, trap, snare, hunting device, poison or 20
explosive in a forestry area, or 21
(c) discharge a firearm into a forestry area, or 22
(d) take, kill, hunt, shoot, poison, net, snare, spear, capture, lure or 23
injure an animal in a forestry area, or 24
(e) cause or permit any of the things referred to in paragraphs (a)-(d) 25
to be done. 26
Maximum penalty: 50 penalty units or imprisonment for 6 months, or 27
both. 28
(2) A person does not commit an offence under this section by reason of the 29
person's doing any of the things referred to in subsection (1): 30
(a) under and in accordance with a forest permit or forest lease, or 31
(b) under and in accordance with a prescribed Crown tenure, or 32
(c) under the authority conferred by a restricted game hunting 33
licence under the Game and Feral Animal Control Act 2002, or 34
(d) in carrying out the person's duties as an employee of the land 35
manager of the forestry area, or 36
Page 38
Forestry Bill 2012 Clause 69
Use of forestry areas for non-forestry purposes Part 5
(e) with the consent of the land manager of the forestry area, or 1
(f) in the case where the offence involves a snake--unless it is 2
proved that there were no grounds on which the person could 3
reasonably have believed at any time that the snake was 4
endangering, or was likely to endanger, any person or property. 5
(3) In this section: 6
animal includes a bird or reptile but does not include a fish. 7
firearm includes any weapon that is capable of propelling a projectile, 8
whether by use of an explosive or by other means. 9
69 Removal of unauthorised structures (1916 Act, s 35A) 10
(1) The land manager of a forestry area may cause any structure that is in 11
the area without lawful authority to be removed, together with the 12
contents of the structure. 13
(2) The land manager of a forestry area may cause to be displayed or 14
published a notice requiring any person: 15
(a) who claims to have authority to erect, maintain or use a structure 16
erected in the forestry area, or 17
(b) who claims any interest in the structure, 18
to deliver to the land manager a statement in writing signed by the 19
person stating by what authority the person erected or is entitled to 20
maintain or use the structure or part or by what authority the person 21
claims any interest in the structure. 22
(3) Any such notice is: 23
(a) to be displayed on or adjacent to the structure for a period of at 24
least 1 month, or 25
(b) to be published in a local newspaper or such other newspaper (if 26
any) as the land manager determines. 27
(4) A person who, within 1 month after the end of the period of display or 28
publication of the notice, fails to deliver the statement to the land 29
manager has no claim against the land manager or any other person 30
removing the structure or contents. 31
(5) A land manager may cause anything removed under this section: 32
(a) to be destroyed, sold or stored, or 33
(b) to be returned to a person considered by the manager to be its 34
owner, or 35
(c) if it is stored under paragraph (a) and not returned under 36
paragraph (b)--to be destroyed or sold. 37
Page 39
Clause 69 Forestry Bill 2012
Part 5 Use of forestry areas for non-forestry purposes
(6) A land manager may, on condition that it be removed, sell anything that 1
the land manager may cause to be removed under this section. 2
(7) A land manager may recover as a debt in a court of competent 3
jurisdiction the expenses incurred in the removal, destruction, sale or 4
storage of the structure or contents: 5
(a) from the person who erected the structure or caused it to be 6
erected, or 7
(b) if a notice was displayed or published under this section in 8
respect of the structure and it is proved that the person knew, or 9
ought reasonably to have known, of the notice--from the person 10
who has made use of the structure after the end of the period of 11
1 month after which the notice was displayed or published. 12
Page 40
Forestry Bill 2012 Clause 70
Investigations and enforcement powers Part 6
Part 6 Investigations and enforcement powers 1
Division 1 Appointment of authorised officers 2
70 Appointment of authorised officers 3
(1) The Minister may appoint any of the following persons as an authorised 4
officer for the purposes of this Act: 5
(a) an employee of the Corporation, 6
(b) a member of any Division of the Government Service, 7
(c) a member of staff of a land manager other than the Corporation, 8
(d) a person of a class prescribed by the regulations. 9
(2) The Minister may, in and by the instrument of the authorised officer's 10
appointment, limit the functions that an authorised officer may exercise 11
under this Act (including limiting the purposes for or area in which the 12
functions may be exercised). 13
(3) A person referred to in subsection (1) (c) or (d) who is not a member of 14
staff of a public sector agency may only exercise the functions of an 15
authorised officer if the exercise of those functions is subject to the 16
control and direction of the Corporation or a public sector agency or of 17
an employee of the Corporation or a public sector agency. 18
71 Police officers to be authorised officers 19
A police officer may exercise the functions of an authorised officer 20
under this Act and for that purpose is taken to be an authorised officer. 21
72 Identification card 22
(1) Every authorised officer (other than a police officer) is to be issued with 23
an identification card as an authorised officer by the Minister. 24
(2) The identification card must: 25
(a) state that it is issued under this Act, and 26
(b) give the name of the person to whom it is issued and bear a 27
photograph of that person, and 28
(c) state any limitations on the authorised officer's functions 29
(including the particular forestry area in respect of which the 30
functions may be exercised), and 31
(d) state the date (if any) on which it expires, and 32
(e) bear the signature of the Minister. 33
Page 41
Clause 73 Forestry Bill 2012
Part 6 Investigations and enforcement powers
(3) A power conferred on an authorised officer by this Part to enter 1
premises, or to search or take other action on premises, may not be 2
exercised unless the authorised officer proposing to exercise the power 3
is in possession of the identification card issued to the authorised officer 4
and produces the identification card if required to do so by the occupier 5
of the premises. 6
(4) Subsection (3) does not apply to a police officer or to a power conferred 7
by a search warrant. 8
Division 2 Powers of authorised officers 9
73 Definitions 10
(1) In this Division: 11
premises includes: 12
(a) a building or structure, or 13
(b) land or a place (whether built on or not). 14
search includes examine or inspect. 15
(2) For the purposes of this Division, a thing is connected with an offence 16
under this Act or the regulations if it is: 17
(a) a thing with respect to which the offence has been committed, or 18
(b) a thing that will afford evidence of the commission of the 19
offence, or 20
(c) a thing that was used, or is intended to be used, for the purpose of 21
committing the offence, 22
and a reference to any such offence includes a reference to an offence 23
that there are reasonable grounds for believing has been committed. 24
74 Purposes for which powers under Division may be exercised 25
(1) Powers may be exercised under this Division for the following purposes 26
(referred to as authorised purposes): 27
(a) for determining whether there has been a contravention of this 28
Act or the regulations, 29
(b) for obtaining information or records for purposes connected with 30
the administration of this Act, 31
(c) in connection with exercising the functions of an authorised 32
officer under this Act. 33
(2) A reference in this section to this Act does not include a reference to 34
Part 5A or 5B. 35
Page 42
Forestry Bill 2012 Clause 75
Investigations and enforcement powers Part 6
75 Power to enter premises (1916 Act, s 38) 1
(1) An authorised officer may enter any premises for authorised purposes. 2
(2) The authorised officer must give the occupier of the premises notice of 3
intention to enter the premises unless: 4
(a) the entry is made with the permission of the occupier, or 5
(b) the entry is made to a part of the premises open to the public, or 6
(c) the giving of notice would defeat the purpose for which the 7
premises were entered or would unreasonably delay the 8
authorised officer in a case of urgency. 9
(3) Entry under the power conferred by this section may only be made at a 10
reasonable time. This subsection does not apply to a power conferred by 11
a search warrant. 12
(4) The powers of entry conferred by this Division are not exercisable in 13
relation to any part of premises used only for residential purposes 14
except: 15
(a) with the permission of the occupier of the premises, or 16
(b) under the authority conferred by a search warrant. 17
76 Search warrants 18
(1) An authorised officer under this Act may apply to an issuing officer for 19
a search warrant if the authorised officer has reasonable grounds for 20
believing that a provision of this Act or the regulations has been or is 21
being contravened in or about any premises. 22
(2) An issuing officer to whom an application for a search warrant is made 23
under this section may, if satisfied that there are reasonable grounds for 24
doing so, issue a search warrant authorising an authorised officer named 25
in the warrant, and any other person named in the warrant: 26
(a) to enter the premises concerned, and 27
(b) to search the premises for evidence of a contravention of this Act 28
or the regulations. 29
(3) Division 4 of Part 5 of the Law Enforcement (Powers and 30
Responsibilities) Act 2002 applies to a search warrant issued under this 31
section. 32
(4) In this section: 33
issuing officer means an authorised officer within the meaning of the 34
Law Enforcement (Powers and Responsibilities) Act 2002. 35
premises includes a vehicle or vessel. 36
Page 43
Clause 77 Forestry Bill 2012
Part 6 Investigations and enforcement powers
77 Powers to search premises and seize things 1
An authorised officer may, on any premises lawfully entered, do 2
anything that in the opinion of the officer is necessary to be done for the 3
purposes of this Division, including (but not limited to) the following: 4
(a) examine and inspect any part of the premises or any article or 5
thing on the premises, 6
(b) make such examinations and inquiries as the officer considers 7
necessary, 8
(c) take such photographs, films, audio, video and other recordings 9
as the authorised officer considers necessary, 10
(d) require records to be produced for inspection, 11
(e) examine and inspect any records, 12
(f) copy any records, 13
(g) seize anything that the officer has reasonable grounds for 14
believing is connected with an offence under this Act or the 15
regulations, 16
(h) do any other thing the officer is empowered to do under this 17
Division. 18
78 Power to detain and search vehicles or vessels 19
(1) An authorised officer who has reason to believe that there is in or on a 20
vehicle or vessel anything connected with an offence under this Act or 21
the regulations may: 22
(a) stop and detain the vehicle or vessel, and 23
(b) enter and search the vehicle or vessel, and 24
(c) break open and search any container in or on the vehicle or vessel 25
that the officer has reason to believe contains any such thing, and 26
(d) seize anything that the officer has reasonable grounds for 27
believing is connected with an offence under this Act or the 28
regulations. 29
(2) An authorised officer may require the person in charge of the vehicle or 30
vessel to take the vehicle or vessel to a specified place for the purposes 31
of searching the vehicle or vessel if it is not reasonably practicable to 32
carry out the search where the vehicle or vessel is stopped. 33
(3) An authorised officer may only exercise the power under this section of 34
requiring a vehicle to stop if accompanied by a police officer. 35
Page 44
Forestry Bill 2012 Clause 79
Investigations and enforcement powers Part 6
79 Dealing with seized things 1
(1) A court may order the forfeiture of a thing seized under this Division in 2
connection with an offence if the court finds a person guilty of the 3
offence. 4
(2) The owner of anything seized under this Division may dispute the 5
seizure by giving notice to that effect in writing to the Minister within 6
28 days after becoming aware of the seizure. 7
(3) If the seizure of a thing is so disputed by the owner, the thing is to be 8
returned to the owner (or the person from whom it was seized) unless: 9
(a) proceedings have been instituted for an offence in connection 10
with which the court may order the thing to be forfeited, or 11
(b) proceedings have been instituted under this section for the 12
forfeiture of the thing. 13
(4) An authorised officer may institute proceedings in the Local Court for 14
the forfeiture of a thing seized under this Division and the Local Court 15
may order the forfeiture of the thing if satisfied it was duly seized under 16
this Division. 17
(5) Anything that is forfeited under this section (or the proceeds of its sale) 18
becomes: 19
(a) in the case of proceedings instituted by an authorised officer who 20
is an employee of the Corporation--the property of the 21
Corporation, or 22
(b) in any other case--the property of the State. 23
80 Requirement to provide information and records 24
(1) An authorised officer may, by notice in writing given to a person, 25
require the person to furnish to the officer such information or records 26
(or both) as the officer requires by the notice in connection with any 27
matter arising under or in connection with this Act. 28
(2) Any such notice must specify the manner in which information or 29
records are required to be furnished and a reasonable time by which the 30
information or records are required to be furnished. 31
(3) A notice under this section may only require a person to furnish records 32
that are in the person's possession or that are within the person's power 33
to obtain lawfully. 34
(4) The authorised officer to whom any record is furnished under this 35
section may take copies of it. 36
Page 45
Clause 81 Forestry Bill 2012
Part 6 Investigations and enforcement powers
(5) If any record required to be furnished under this section is in electronic, 1
mechanical or other form, the notice requires the record to be furnished 2
in written form, unless the notice otherwise provides. 3
(6) This section applies whether or not a power of entry under this Division 4
is being or has been exercised. 5
81 Requirement to state name and address (1916 Act, s 38A) 6
(1) An authorised officer may: 7
(a) require a person whom the officer reasonably suspects has 8
committed an offence under this Act or the regulations to state the 9
person's full name and place of residence, and 10
(b) require the driver of a motor vehicle in a forestry area to produce 11
his or her driver licence and to state the person's full name and 12
place of residence. 13
(2) A person does not commit an offence under section 83 in respect of a 14
requirement made under this section if: 15
(a) the authorised officer does not, at the time when the officer 16
makes the requirement, show the person the officer's 17
identification card, or 18
(b) the authorised officer does not, at the time when the officer 19
makes the requirement, warn the person that it would be an 20
offence not to comply with the requirement. 21
82 Requirement for owner of motor vehicle and others to give information 22
(1916 Act, s 38B) 23
(1) If an authorised officer suspects on reasonable grounds that the driver 24
of a motor vehicle has committed an offence under this Act or the 25
regulations, the authorised officer may: 26
(a) require the owner of the vehicle, or the person in whose name it 27
is registered, or the person having the custody of the vehicle, to 28
give information (which must, if so required, be given in the form 29
of a statement in writing, signed by that owner or person) as to 30
the name and place of residence of the driver, or 31
(b) require any other person to give any information that is in that 32
person's power to give and that may lead to the identification of 33
the driver. 34
(2) In a prosecution for an offence in respect of a failure or refusal to 35
comply with a requirement under subsection (1) (a), it is a defence if the 36
defendant satisfies the court that the defendant did not know and could 37
not with reasonable diligence have ascertained the name or place of 38
residence of the driver concerned, or both, as the case requires. 39
Page 46
Forestry Bill 2012 Clause 83
Investigations and enforcement powers Part 6
(3) If a statement in writing purporting to be furnished under subsection (1) 1
(a) and to contain particulars of the name and place of residence of the 2
driver of a motor vehicle at the time of commission of an alleged 3
offence is produced in any court in proceedings for the offence against 4
the person named in the statement as the driver, the statement is, if that 5
person does not appear before the court, evidence without proof of 6
signature that the person was the driver of the vehicle at that time. 7
83 Offences (1916 Act, ss 38 (2) and 44) 8
(1) A person must not: 9
(a) without lawful excuse, refuse or fail to comply with a 10
requirement made of the person under this Division or to answer 11
a question of an authorised officer asked in accordance with this 12
Division, or 13
(b) in purported compliance with a requirement under this Division, 14
or in answer to a question of an authorised officer asked in 15
accordance with this Division, give or furnish information or 16
evidence or produce a document knowing it to be false or 17
misleading in a material particular, or 18
(c) obstruct, delay or hinder an authorised officer in the exercise of 19
the officers's functions under this Act, or 20
(d) impersonate an authorised officer. 21
Maximum penalty: 20 penalty units. 22
(2) A person must not: 23
(a) assault, threaten or intimidate an authorised officer in the 24
exercise of the officer's functions under this Act, or 25
(b) without lawful excuse, give or offer to give an authorised officer 26
any payment, gratuity or gift in consideration that the officer will 27
do or omit to do an act or thing in relation to the exercise of the 28
officer's functions under this Act. 29
Maximum penalty: 50 penalty units or imprisonment for 6 months, or 30
both. 31
Page 47
Clause 84 Forestry Bill 2012
Part 7 Criminal proceedings and related matters
Part 7 Criminal proceedings and related matters 1
84 Proceedings for offences (1916 Act, s 46) 2
(1) Proceedings for an offence under this Act or the regulations are to be 3
dealt with summarily before the Local Court. 4
(2) Proceedings for an offence under this Act or the regulations may be 5
commenced within, but not later than, 2 years after the date on which 6
the offence is alleged to have been committed. 7
(3) However, proceedings for any such offence may also be commenced 8
within, but not later than, 2 years after the date on which evidence of the 9
alleged offence first came to the attention of an authorised officer. 10
(4) If subsection (3) is relied on for the purpose of commencing 11
proceedings for an offence, the information or application must contain 12
particulars of the date on which evidence of the offence first came to the 13
attention of an authorised officer and need not contain particulars of the 14
date on which the offence was committed. The date on which evidence 15
first came to the attention of an authorised officer is the date specified 16
in the information or application, unless the contrary is established. 17
(5) This section applies despite anything in the Criminal Procedure Act 18
1986 or any other Act. 19
85 Penalty notices for certain offences (1916 Act, s 46A) 20
(1) An authorised officer may serve a penalty notice on a person if it 21
appears to the authorised officer that the person has committed an 22
offence under this Act or the regulations, being an offence prescribed by 23
the regulations as a penalty notice offence. 24
(2) An authorised officer may also serve a penalty notice on a person if it 25
appears to the officer that the person is, by virtue of section 87, guilty 26
of a parking offence within the meaning of that section. 27
(3) A penalty notice is a notice to the effect that, if the person served does 28
not wish to have the matter determined by a court, the person may, 29
within the time and to the person specified in the notice, pay: 30
(a) the amount of the penalty prescribed by the regulations for the 31
offence if dealt with under this section, and 32
(b) if the Corporation has certified an amount under subsection (4)-- 33
the amount so certified. 34
(4) If it appears to an authorised officer that a person has committed an 35
offence referred to in subsection (1) involving the taking or destruction 36
of any timber, forest products or forest materials, the Corporation may 37
certify to the authorised officer the amount that it determines would 38
Page 48
Forestry Bill 2012 Clause 85
Criminal proceedings and related matters Part 7
have been payable by way of a resource acquisition fee if the timber, 1
forest products or forest materials had been taken under the authority of 2
a timber licence, forest products licence or forest materials licence. 3
(5) A penalty notice: 4
(a) may be served personally or by post, or 5
(b) if it relates to an offence of which the owner of a motor vehicle is 6
guilty by virtue of section 87--may be addressed to the owner 7
without naming the owner or stating the owner's address and may 8
be served by leaving it on or attaching it to the vehicle. 9
(6) If the penalty for an offence dealt with under this section and any 10
resource acquisition fee is or are paid under this section in respect of an 11
alleged offence: 12
(a) a person is not liable to any further proceedings for the alleged 13
offence, and 14
(b) a person may not be proceeded against for recovery of the 15
resource acquisition fee, and 16
(c) the payment is not to be regarded as an admission of liability for 17
the purpose of, and does not (except as provided by paragraph 18
(b)) in any way affect or prejudice, any civil claim, action or 19
proceeding arising out of the same occurrence. 20
(7) The regulations may: 21
(a) prescribe the offences that are penalty notice offences for the 22
purposes of this section by specifying the offence or by referring 23
to the provision creating the offence, and 24
(b) prescribe the amount of penalty payable for the offence if dealt 25
with under this section, and 26
(c) prescribe different amounts of penalties for different offences or 27
classes of offences. 28
(8) The penalty prescribed for an offence dealt with under this section is not 29
to exceed the maximum amount of penalty that could be imposed for the 30
offence by a court. 31
(9) Section 53 applies in respect of any resource acquisition fee paid to the 32
Corporation under this section as if it were a resource acquisition fee 33
paid to the Corporation under section 49. However, this subsection does 34
not require the Corporation, in respect of any resource acquisition fee 35
paid to it under this section, to make a payment out of the resource 36
acquisition fee to the person by whom the fee was paid. 37
(10) This section does not limit the operation of any other provision of, or 38
made under, this or any other Act relating to proceedings that may be 39
taken in respect of offences. 40
Page 49
Clause 86 Forestry Bill 2012
Part 7 Criminal proceedings and related matters
(11) In this section: 1
owner, in relation to a motor vehicle, has the meaning as in section 87. 2
resource acquisition fee, in relation to a notice under subsection (1), 3
means the amount (if any) referred to in subsection (3) (b) and specified 4
in the notice. 5
86 Orders for compensation at time offence proved (1916 Act, s 48) 6
(1) This section applies where a court convicts a person of an offence under 7
this Act or the regulations. 8
(2) The court may, if it appears to the court that the Corporation or the land 9
manager of a forestry area has, by reason of the commission of the 10
offence: 11
(a) suffered loss or damage to any land or property owned by or 12
under the control or management of the Corporation or the land 13
manager, or 14
(b) incurred costs and expenses in preventing or mitigating, or in 15
attempting to prevent or mitigate, any such loss or damage, 16
order the offender to pay to the Corporation or the land manager (as the 17
case requires) the costs and expenses so incurred, or compensation for 18
the loss or damage so suffered, in such amount as is fixed by the order. 19
(3) Without limiting subsection (2), if: 20
(a) the offence involved the taking or destruction of any timber, 21
forest products or forest materials, and 22
(b) the Corporation has certified the amount that it determines would 23
have been payable by way of a resource acquisition fee if the 24
timber, forest products or forest materials had been taken under 25
the authority of a timber licence, forest products licence or forest 26
materials licence, 27
the court may order payment by the offender to the Corporation of that 28
amount. 29
(4) A court may not make an order under this section for the payment of an 30
amount that exceeds the amount for which an order may be made by the 31
court when exercising jurisdiction under the Civil Procedure Act 2005. 32
An order made by the court is enforceable as if it were an order made 33
by the court when exercising jurisdiction under that Act. 34
(5) Orders may be made under this section in addition to any penalty that 35
may be imposed or any other action that may be taken in relation to the 36
offence concerned. 37
Page 50
Forestry Bill 2012 Clause 87
Criminal proceedings and related matters Part 7
(6) Orders may be made under this section regardless of whether any 1
penalty is imposed, or other action taken, in relation to the offence 2
concerned. 3
(7) If an amount is ordered to be paid to the Corporation under 4
subsection (3), section 53 applies in respect of an amount paid under the 5
order as if it were a resource acquisition fee paid to the Corporation 6
under section 49. However, this subsection does not require the 7
Corporation, in respect of an amount paid under any such order, to make 8
a payment out of the amount to the person by whom the amount was 9
paid. 10
(8) In this section, a reference to the conviction of a person includes a 11
reference to the making of an order in respect of a person under section 12
10 of the Crimes (Sentencing Procedure) Act 1999. 13
(9) In this section: 14
court means the court that convicts a person of the offence concerned. 15
offender means the person who is convicted of the offence. 16
87 Liability of vehicle owner for parking offences (1916 Act, s 38C) 17
(1) If a parking offence occurs in relation to any vehicle, the person who at 18
the time of the occurrence of the offence is the owner of the vehicle is, 19
by virtue of this section, guilty of an offence under the regulation 20
concerned as if the person were the actual offender guilty of the parking 21
offence unless: 22
(a) in any case where the parking offence is dealt with under 23
section 85--the person satisfies the authorised officer referred to 24
in the notice served under that section that the vehicle was at the 25
relevant time a stolen vehicle or a vehicle illegally taken or used, 26
or 27
(b) in any other case--the court is satisfied that the vehicle was at the 28
relevant time a stolen vehicle or a vehicle illegally taken or used. 29
(2) This section does not affect the liability of an actual offender in respect 30
of a parking offence but if a penalty has been imposed on or recovered 31
from any person in relation to the offence no further penalty may be 32
imposed on or recovered from any other person for the offence. 33
(3) Despite subsection (1), an owner of a vehicle is not, by virtue of that 34
subsection, guilty of an offence if: 35
(a) in any case where the offence is dealt with under section 85--the 36
person: 37
(i) within 21 days after service on the person of a notice under 38
that section alleging that the person has been guilty of that 39
offence, supplies by statutory declaration to the authorised 40
Page 51
Clause 88 Forestry Bill 2012
Part 7 Criminal proceedings and related matters
person referred to in the notice the name and address of the 1
person who was in charge of the vehicle at all relevant 2
times relating to the offence, or 3
(ii) satisfies the authorised person that the person did not know 4
and could not with reasonable diligence have ascertained 5
that name and address, or 6
(b) in any other case--the person: 7
(i) within 21 days after service on the person of a court 8
attendance notice in respect of that offence supplies by 9
statutory declaration to the informant the name and address 10
of the person who was in charge of the vehicle at all 11
relevant times relating to the offence, or 12
(ii) satisfies the court that the person did not know and could 13
not with reasonable diligence have ascertained that name 14
and address. 15
(4) If a statutory declaration under subsection (3) is produced in any 16
proceedings against the person named in the declaration that relate to 17
the offence in respect of which it was supplied, the declaration is 18
evidence that the person so named was in charge of the vehicle at all 19
relevant times relating to that offence. 20
(5) A statutory declaration that relates to more than one parking offence is 21
not a statutory declaration for the purposes of subsection (3). 22
(6) In this section: 23
owner of a motor vehicle includes the responsible person for the vehicle 24
within the meaning of the Road Transport (General) Act 2005. 25
parking offence means the offence committed by a person who, in 26
contravention of the regulations: 27
(a) parks a motor vehicle, or 28
(b) causes or permits a motor vehicle to be parked or to stand or wait. 29
88 Evidentiary provisions (1916 Act, ss 45A and 45B) 30
In any proceedings for an offence under this Act or the regulations, any 31
one of the following allegations (however expressed) is evidence of the 32
truth of the allegation unless the contrary is proved: 33
(a) that specified land comprises a forestry area or other 34
Crown-timber land, 35
(b) that a notice was erected on or at the boundary of a forestry area 36
with the authority of the Corporation or the land manager of the 37
area, 38
Page 52
Forestry Bill 2012 Clause 88
Criminal proceedings and related matters Part 7
(c) that a notice on or at the boundary of a forestry area was erected, 1
interfered with or removed without the authority of the 2
Corporation or the land manager of the area. 3
Page 53
Clause 89 Forestry Bill 2012
Part 8 Miscellaneous
Part 8 Miscellaneous 1
89 Review of certain decisions by Administrative Decisions Tribunal (1916 2
Act, s 40) 3
(1) A person may apply to the Administrative Decisions Tribunal for a 4
review of any of the following decisions: 5
(a) a decision by the land manager of a forestry area refusing to grant 6
a forest permit to the person or to renew a forest permit held by 7
the person, 8
(b) a decision to suspend or cancel a forest permit held by the person, 9
(c) a decision made under the regulations that belongs to a class of 10
decisions prescribed by the regulations for the purposes of this 11
paragraph. 12
(2) Despite subsection (1), a regulation referred to in subsection (1) (c) may 13
limit the class of persons who may make an application for a review of 14
a decision referred to in that paragraph. 15
(3) A regulation referred to in subsection (1) (c) may not be made without 16
the concurrence of the Minister administering the Administrative 17
Decisions Tribunal Act 1997. 18
90 Delegation of Minister's functions 19
The Minister may delegate the exercise of any function of the Minister 20
under this Act (other than this power of delegation) to any person, or 21
any class of persons, authorised for the purposes of this section by the 22
regulations. 23
91 Harvesting and haulage costs review 24
(1) As soon as practicable after the first 3 full financial years after the 25
commencement of this section and every 3 financial years thereafter, 26
the Corporation is to: 27
(a) review its native timber harvesting and haulage costs, and 28
(b) prepare a report on the results of the review that benchmarks 29
those costs against the costs of similar organisations undertaking 30
similar native timber harvesting and haulage operations. 31
(2) The Corporation may, subject to such requirements as may be 32
prescribed by the regulations, engage an expert body or person for the 33
purposes of the review and report. 34
(3) The Corporation is to provide its report to the Independent Pricing and 35
Regulatory Tribunal. 36
Page 54
Forestry Bill 2012 Clause 92
Miscellaneous Part 8
(4) The Tribunal is to review the report of the Corporation and make any 1
recommendations it thinks appropriate to the Corporation about 2
improvements that the Corporation might make to its management of 3
native timber harvesting and haulage to reduce its costs. In making any 4
such recommendation, the Tribunal is not limited to matters included in 5
the report and may take into consideration any information the Tribunal 6
considers relevant. 7
(5) The reports and recommendations of the Corporation and the Tribunal 8
are to be provided to the voting shareholders of the Corporation, who 9
are required to make them publicly available. 10
(6) The Tribunal is (subject to the regulations) entitled to charge the 11
Corporation for the costs reasonably incurred by the Tribunal in 12
exercising its functions under this section. 13
(7) The regulations may make provision with respect to reviews and other 14
matters under this section. 15
(8) Sections 24AB-24AD of the Independent Pricing and Regulatory 16
Tribunal Act 1992 apply to the function of the Tribunal under this 17
section in the same way they apply to the function of the Tribunal under 18
section 24AA of that Act. 19
(9) In this section: 20
financial year means a period of 12 months commencing on 1 July. 21
native timber harvesting and haulage does not include timber 22
harvesting and haulage from plantations. 23
92 Regulations (1916 Act, s 41) 24
(1) The Governor may make regulations, not inconsistent with this Act, for 25
or with respect to any matter that by this Act is required or permitted to 26
be prescribed or that is necessary or convenient to be prescribed for 27
carrying out or giving effect to this Act. 28
(2) In particular, the regulations may make provision for or with respect to 29
the following: 30
(a) regulating the use and enjoyment of forestry areas, 31
(b) prohibiting or regulating any conduct or activity (including the 32
carrying out of any development or works) in forestry areas, 33
(c) prohibiting or regulating the entry of persons or vehicles into 34
forestry areas and the use or parking of vehicles in forestry areas, 35
(d) prohibiting or regulating the taking of animals into forestry areas 36
and any other matter relating to the control and management of 37
animals in forestry areas, 38
Page 55
Clause 93 Forestry Bill 2012
Part 8 Miscellaneous
(e) prohibiting or regulating the use of roads, tracks, trails and other 1
ways in forestry areas, 2
(f) authorising any of the matters referred to in paragraphs (a)-(e) to 3
be done by means of notices displayed in or at the boundary of a 4
forestry area or by the giving of directions by authorised officers, 5
(g) the removal of persons from forestry areas, 6
(h) any matter relating to the control and management of forestry 7
areas (including the reservation of such areas for separate or 8
exclusive use), 9
(i) regulating the manner of applying for, and issuing, granting, 10
suspending or revoking, licences, forest permits and forest leases, 11
(j) the form of licences, forest permits and forest leases, 12
(k) requiring the payment of fees in connection with licences, forest 13
permits or forest leases, 14
(l) requiring the payment of charges in connection with the use of, 15
or entry into, forestry areas, 16
(m) requiring the provision of information relating to the carrying out 17
of forestry operations or dealings in or with timber, forest 18
products or forest materials, 19
(n) any matter relating to the payment of resource acquisition fees 20
(including exempting specified persons or classes of persons 21
from the requirement to pay any such fee), 22
(o) any matter relating to the control and management of timber, 23
forest products or forest materials (including the branding or 24
other identification of timber). 25
(3) The regulations may create offences punishable by a penalty not 26
exceeding 20 penalty units. 27
93 Review of Act 28
(1) The Minister is to review this Act to determine whether the policy 29
objectives of the Act remain valid and whether the terms of the Act 30
remain appropriate for securing those objectives. 31
(2) The review is to be undertaken as soon as possible after the period of 32
5 years from the date of assent to this Act. 33
(3) A report on the outcome of the review is to be tabled in each House of 34
Parliament within 12 months after the end of the period of 5 years. 35
Page 56
Forestry Bill 2012
Special provisions relating to purchase-tenure land Schedule 1
Schedule 1 Special provisions relating to 1
purchase-tenure land 2
1 Transferred provisions 3
Clauses 2-8 of this Schedule re-enact (with minor modifications) 4
Part 2A of the former Act and are transferred provisions to which 5
section 30A of the Interpretation Act 1987 applies. 6
2 Definitions (1916 Act, s 25C) 7
In this Schedule: 8
owner, in relation to purchase-tenure land, means: 9
(a) where the land has not been brought under the provisions of the 10
Real Property Act 1900--the holder or the owner, subject to 11
mortgage, of the prescribed lease from the Crown immediately 12
before the application for the purchase of the land was granted 13
under the Crown Lands (Continued Tenures) Act 1989 or the 14
Western Lands Act 1901, as the case may be, or, where the title 15
of that holder or owner has devolved or been transferred, any 16
successor of that holder or owner, but not including a mortgagee 17
of the land, or 18
(b) where the land has been brought under the provisions of the Real 19
Property Act 1900--the registered proprietor of the land or, 20
where the registered proprietor holds the land as mortgagee, the 21
mortgagor, or any successor of the mortgagor, for the time being 22
entitled to the equity of redemption. 23
prescribed lease from the Crown has the same meaning as in Part 2A 24
of the former Act immediately before its repeal. 25
prescribed officer means: 26
(a) in respect of any provision of this Schedule relating to prescribed 27
leases from the Crown granted or confirmed under the Crown 28
Lands Acts--the Director-General of the Department of Trade 29
and Investment, Regional Infrastructure and Services or any 30
officer of that Department authorised by the Director-General to 31
act for the purposes of that provision, and 32
(b) in respect of any provision of this Schedule relating to prescribed 33
leases from the Crown granted under the Western Lands Act 34
1901--the Western Lands Commissioner or any officer 35
employed in the administration of the Western Lands Act 1901 36
authorised by the Western Lands Commissioner to act for the 37
purposes of that provision. 38
Page 57
Forestry Bill 2012
Schedule 1 Special provisions relating to purchase-tenure land
purchase-tenure land means land held under a prescribed lease from 1
the Crown which has been contracted to be sold under the Crown Lands 2
Acts or the Western Lands Act 1901. 3
3 Application of provisions of this Schedule (1916 Act, s 25D) 4
The Minister may, on the recommendation of the Corporation, by order 5
published in the Gazette, declare that any Crown land described in the 6
order is not to be subject to the provisions of clause 4 or 5 or of both 7
clauses 4 and 5, as may be specified in the order. Any such order takes 8
effect on and from the date on which it is published. 9
4 Restriction on granting applications to purchase land subject to 10
prescribed leases from the Crown (1916 Act, s 25E) 11
(1) An application for the purchase of land held under a prescribed lease 12
from the Crown must not be granted if: 13
(a) notice in writing of the application has not been given to the 14
Corporation by a prescribed officer, or 15
(b) where such a notice has been so given, the Corporation has, 16
within a period of 3 months after the receipt of the notice or 17
within such further period not exceeding 3 months as may, within 18
the first-mentioned period of 3 months, have been notified by the 19
Corporation to that prescribed officer, certified in writing to that 20
prescribed officer that it objects to the granting of the application. 21
(2) If the Corporation has certified in writing to a prescribed officer that it 22
objects to the granting of an application, the application is taken to have 23
been refused. 24
(3) If, within the period prescribed by the regulations after the Corporation 25
has so certified, any land to which the certificate relates has not been 26
dedicated as a State forest or flora reserve, the provisions of 27
subclause (1) do not apply to any application for the purchase of the 28
land, being an application made in respect of the land or any part of it 29
within 12 months after the end of that prescribed period. 30
(4) Any land to which a certificate given by the Corporation under 31
subclause (1) relates must not, during the prescribed period referred to 32
in subclause (3), be disposed of except with the consent in writing of the 33
Corporation, and a lease of any such land must not, during that 34
prescribed period, be granted or extended, except with such a consent. 35
(5) A failure to comply with the provisions of subclause (1) does not affect 36
the validity of any title granted pursuant to an application referred to in 37
that subclause. 38
(6) Subclause (1) does not apply to an application for the purchase of land 39
leased solely for the purpose of tree-farming. 40
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Special provisions relating to purchase-tenure land Schedule 1
(7) If the Corporation decides not to object to the application, the 1
Corporation may certify to the prescribed officer to that effect and may, 2
if it thinks fit, certify that clause 5 is not to apply to the land concerned. 3
5 Crown's rights to timber and forest products on purchase-tenure land 4
(1916 Act, s 25F) 5
(1) On land becoming purchase-tenure land, there is (unless the 6
Corporation has certified under clause 4 (7) that this clause is not to 7
apply to the land) reserved to the Crown for the enjoyment of the 8
Corporation or, if a timber licence or forest products licence is issued in 9
respect of that land, for the enjoyment of the holder of the licence, a 10
profit à prendre conferring on the Corporation or that holder, as the case 11
may be, the right, whether or not the balance of purchase money is paid 12
or the land is under the provisions of the Real Property Act 1900, to take 13
timber or forest products from that land to the exclusion of any person 14
who, but for this subclause, would be entitled to take the timber or forest 15
products. 16
(2) Subject to clause 8, a profit à prendre reserved in respect of any land 17
expires at the end of a period of 10 years from the date on which the land 18
became purchase-tenure land. 19
(3) Except as otherwise provided by this Act, the Corporation or the holder 20
of a timber licence or forest products licence entitled to the enjoyment 21
of a profit à prendre is not liable to make any payment in respect of the 22
rights conferred by the profit à prendre. 23
(4) Without derogating from the rights conferred by law on persons entitled 24
to the enjoyment of profits à prendre, the Corporation, or holder of a 25
timber licence or forest products licence, entitled to the enjoyment of a 26
profit à prendre reserved in respect of any land may, during the currency 27
of the profit à prendre, and with or without vehicles, machinery and 28
equipment, enter and occupy the land affected by the profit à prendre for 29
the purpose of removing, treating, processing or protecting the timber 30
or forest products the subject of the profit à prendre for the purpose of 31
constructing roads, bridges, gates and ramps and incidental works that, 32
in the opinion of the Corporation, are necessary to enable the timber or 33
forest products to be removed from the land. However, nothing in this 34
subclause authorises the holder of a licence to contravene any 35
conditions or limitations of that licence. 36
(5) A profit à prendre reserved in respect of any land does not confer the 37
right to take from the land any trees which, in the opinion of the 38
Corporation: 39
(a) have been planted or established and have been maintained by 40
careful tending and improvement as a woodlot or forest or for the 41
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Forestry Bill 2012
Schedule 1 Special provisions relating to purchase-tenure land
purpose of tree-farming or have been planted or established as a 1
windbreak or for the beautification of the land, or 2
(b) have been established on land that is the subject of a forestry 3
right, or 4
(c) are growing on land that has been substantially improved for 5
farming purposes and which, subject to subclause (6), are 6
necessary for shade or shelter or for the purpose of the farming, 7
improvement or protection of the land. 8
(6) The restriction of a profit à prendre imposed by subclause (5) (c) 9
extends only to trees selected by the Corporation and having a total 10
timber content not exceeding 150 cubic metres, as determined by the 11
Corporation. 12
(7) The reservation in respect of any land of a profit à prendre does not 13
prevent the owner of that land from taking timber or forest products for 14
the purpose of erecting fences on the land or, with the consent in writing 15
of the Corporation, for building or other purposes on the land. 16
(8) Every estate or interest acquired by an agreement for the disposition of 17
purchase-tenure land which has not been brought under the provisions 18
of the Real Property Act 1900 or by a transfer or conveyance of any 19
such land is, despite any other law, subject to any rights under a profit à 20
prendre affecting the land. 21
6 Forestry Corporation may sell its rights in timber and forest products on 22
purchase-tenure land (1916 Act, s 25G) 23
(1) The Corporation may enter into an agreement, containing such terms 24
and conditions as may be agreed, to sell to the owner of any 25
purchase-tenure land the subsisting rights of the Corporation under a 26
profit à prendre reserved in respect of that land. 27
(2) The price at which the subsisting rights of the Corporation under a profit 28
à prendre may be agreed to be sold under subclause (1) is to be such 29
amount as the Corporation determines would have been received by it 30
by way of a resource acquisition fee if the timber and forest products the 31
subject of those rights had been taken pursuant to a timber licence or 32
forest products licence. 33
7 Timber or forest products to be removed in one continuous operation 34
(1916 Act, s 25H) 35
If the Corporation removes any timber or forest products pursuant to 36
clause 5 (1) or issues a timber licence or forest products licence for the 37
removal of any timber or forest products pursuant to that subclause, it 38
must as far as is practicable remove, or it must impose conditions 39
requiring the holder of the licence as far as practicable to remove, the 40
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Forestry Bill 2012
Special provisions relating to purchase-tenure land Schedule 1
timber or forest products in one continuous operation or in one 1
continuous program of operations. 2
8 Forestry Corporation to execute certificate releasing land from profit à 3
prendre (1916 Act, s 25I) 4
(1) If: 5
(a) the Corporation is of the opinion that the timber and forest 6
products the subject of a profit à prendre reserved in respect of 7
any land have been substantially taken from that land before the 8
expiration of the profit à prendre as referred to in clause 5 (2), or 9
(b) the Corporation is of the opinion that by reason of the small 10
quantity or inferior quality of the timber or forest products the 11
subject of any such profit à prendre it is unlikely that the timber 12
or forest products would be taken by the Crown or the holder of 13
a timber licence or forest products licence before that expiration, 14
or 15
(c) an agreement to sell the subsisting rights of the Corporation 16
under any such profit à prendre has been entered into under 17
clause 6, and no timber licence or forest products licence remains 18
in force in respect of the land, 19
the Corporation is to execute a certificate, in the form prescribed by the 20
regulations, certifying that the land is freed from the profit à prendre. On 21
the execution of such a certificate, the Crown is taken to have released 22
the land from the burden of the profit à prendre. 23
(2) The Corporation must, after the execution of any such certificate in 24
respect of any land: 25
(a) if the land is not under the provisions of the Real Property Act 26
1900--lodge a copy of the certificate with the Registrar-General 27
who is to record in the record of Crown holdings which are not 28
under that Act, in such manner as the Registrar-General considers 29
proper, the release of the profit à prendre, and 30
(b) if the land is under the provisions of the Real Property Act 31
1900--lodge with the Registrar-General in a form approved by 32
the Registrar-General a copy of the certificate and on receipt of it 33
the Registrar-General is, under section 32 of that Act, to record in 34
the Register kept under that Act, in such manner as the 35
Registrar-General considers proper, the release of the profit à 36
prendre and is to make a corresponding recording on the grant or 37
certificate of title upon its being produced, and 38
(c) if the certificate was executed on application made by the owner 39
of the land--furnish to the owner a copy of the certificate. 40
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Schedule 2 Dissolution of Forestry Commission
Schedule 2 Dissolution of Forestry Commission 1
Part 1 Preliminary 2
1 Definitions 3
In this Schedule: 4
assets means any legal or equitable estate or interest (whether present or 5
future, whether vested or contingent and whether personal or 6
assignable) in real or personal property of any description (including 7
money), and includes securities, choses in action and documents. 8
liabilities means any liabilities, debts or obligations (whether present or 9
future, whether vested or contingent and whether personal or 10
assignable). 11
Ministerial Holding Corporation means the Ministerial Holding 12
Corporation constituted under section 37B of the SOC Act. 13
rights means any rights, powers, privileges or immunities (whether 14
present or future, whether vested or contingent and whether personal or 15
assignable). 16
Part 2 Dissolution of Forestry Commission and 17
vesting or transfer of assets etc 18
2 Dissolution of Forestry Commission 19
The Forestry Commission is dissolved. 20
3 Forestry Corporation is same legal entity as Forestry Commission 21
The Corporation is taken for all purposes, including the rules of private 22
international law, to be a continuation of and the same legal entity as the 23
Forestry Commission. 24
4 Vesting of assets, rights and liabilities in Forestry Corporation 25
(1) On the dissolution of the Forestry Commission, the assets, rights and 26
liabilities of the Forestry Commission immediately before its 27
dissolution become the assets, rights and liabilities of the Corporation. 28
(2) Any such assets are vested in the Corporation without the need for any 29
further conveyance, transfer, assignment or assurance. 30
(3) Part 3 of this Schedule applies in relation to the vesting of any such 31
assets, rights and liabilities to the extent specified in that Part. 32
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Dissolution of Forestry Commission Schedule 2
5 Transfer of specified assets, rights and liabilities of Forestry 1
Commission before its dissolution 2
(1) The Treasurer may, at any time before the dissolution of the Forestry 3
Commission, by order in writing, transfer such assets, rights and 4
liabilities of the Forestry Commission as are specified or referred to in 5
the order to the Ministerial Holding Corporation or other person or body 6
representing or acting on behalf of the State. 7
(2) Part 3 of this Schedule applies to a transfer under this clause. 8
6 Transfer of specified assets, rights and liabilities of Forestry 9
Corporation 10
(1) The Treasurer may, by order in writing, transfer such assets, rights and 11
liabilities of the Corporation as: 12
(a) are vested in the Corporation by operation of clause 4, and 13
(b) are specified or referred to in the order, 14
to the Ministerial Holding Corporation or other person or body acting 15
on behalf of the State, but only during the period of 12 months after the 16
dissolution of the Forestry Commission. 17
(2) Part 3 of this Schedule applies to a transfer under this clause. 18
7 Transfer of existing offices, workshops and depots to Forestry 19
Corporation 20
(1) This clause applies to any part of a State forest on which a relevant 21
building is situated. 22
(2) If the dedication of any such part of a State forest is revoked under 23
section 15, the Governor may, by the notice of revocation under that 24
section, transfer the land concerned to the Corporation. 25
(3) On publication in the Gazette of that notice: 26
(a) the land concerned does not become Crown land under 27
section 15, and 28
(b) Part 3 of this Schedule applies to the transfer of the land as a 29
transfer of the assets, rights and liabilities of the Crown to the 30
Corporation. 31
(4) For the purposes of this clause, a relevant building is a building that: 32
(a) immediately before the commencement of this clause, was being 33
used by the Forestry Commission for the purposes of an 34
administrative office, workshop or depot or as a residence 35
ancillary to any such office, workshop or depot, and 36
(b) was constructed (or commenced to be constructed) by or on 37
behalf of the Forestry Commission before 1 January 1994. 38
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Schedule 2 Dissolution of Forestry Commission
(5) A reference in this clause to land on which a relevant building is situated 1
includes a reference to any adjacent land the use of which is or was 2
necessary for, or incidental to, the construction or operation of the 3
building. 4
8 Continuation of criminal proceedings against Forestry Commission 5
(1) Proceedings for an offence that were instituted against the Forestry 6
Commission before its dissolution, or that could have been instituted 7
against the Forestry Commission but for its dissolution, may be 8
continued or instituted against the Corporation. 9
(2) A penalty notice served on the Forestry Commission for an offence or 10
any amount paid by the Forestry Commission in respect of such a 11
penalty notice: 12
(a) is taken to be a penalty notice served on the Corporation, or 13
(b) is taken to be an amount paid by the Corporation, 14
as the case requires. 15
Part 3 Provisions relating to vesting or transfers 16
under Part 2 17
9 Application and interpretation 18
(1) This Part applies to any transfer of assets, rights or liabilities under 19
clause 5, 6 or 7. 20
(2) This Part also applies to the vesting of assets, rights and liabilities in the 21
Corporation under clause 4. Such a vesting is taken to be a transfer to 22
which this Part applies. 23
(3) In this Part, the person or body from which any assets, rights or 24
liabilities are transferred is called the transferor and the person or body 25
to which they are transferred is called the transferee. In the case of the 26
vesting of assets, rights and liabilities under clause 4, the Forestry 27
Commission is taken to be the transferor and the Corporation is taken to 28
be the transferee for the purposes of this Part. 29
(4) In this Part: 30
instrument means an instrument (other than this Act) that creates, 31
modifies or extinguishes rights or liabilities (or would do so if lodged, 32
filed or registered in accordance with any law), and includes any 33
judgment, order or process of a court. 34
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Forestry Bill 2012
Dissolution of Forestry Commission Schedule 2
10 Operation of transfer 1
(1) When any assets, rights or liabilities are transferred by a transfer to 2
which this Part applies, the following provisions have effect: 3
(a) in the case of a transfer under clause 5, 6 or 7--the assets of the 4
transferor vest in the transferee by operation of this clause 5
without the need for any further conveyance, transfer, assignment 6
or assurance, 7
(b) in the case of a transfer under clause 5, 6 or 7--the rights or 8
liabilities of the transferor become by operation of this clause the 9
rights or liabilities of the transferee, 10
(c) all proceedings relating to the assets, rights or liabilities 11
commenced before the transfer by or against the transferor or a 12
predecessor of the transferor and pending immediately before the 13
relevant vesting or transfer are taken to be proceedings pending 14
by or against the transferee, 15
(d) any act, matter or thing done or omitted to be done in relation to 16
the assets, rights or liabilities before the transfer by, to or in 17
respect of the transferor or a predecessor of the transferor is (to 18
the extent to which that act, matter or thing has any force or 19
effect) taken to have been done or omitted by, to or in respect of 20
the transferee, 21
(e) a reference in any Act, in any instrument made under any Act or 22
in any document of any kind to the transferor or a predecessor of 23
the transferor is (to the extent to which it relates to those assets, 24
rights or liabilities) taken to include a reference to the transferee. 25
(2) The operation of clause 4 and this clause is not to be regarded: 26
(a) as a breach of contract or confidence or otherwise as a civil 27
wrong, or 28
(b) as a breach of any contractual provision prohibiting, restricting or 29
regulating the assignment or transfer of assets, rights or 30
liabilities, or 31
(c) as giving rise to any remedy by a party to an instrument, or as 32
causing or permitting the termination of any instrument, because 33
of a change in the beneficial or legal ownership of any asset, right 34
or liability. 35
(3) The operation of clause 4 and this clause is not to be regarded as an 36
event of default under any contract or other instrument. 37
(4) No attornment to the transferee by a lessee from the transferor is 38
required. 39
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Schedule 2 Dissolution of Forestry Commission
(5) A transfer is subject to the terms and conditions of the order (if any) by 1
which it is effected. 2
(6) No compensation is payable to any person or body in connection with a 3
transfer except to the extent (if any) to which the order giving rise to the 4
transfer so provides. 5
11 Date of vesting by order 6
(1) An order under clause 5 takes effect on the date specified in the order, 7
being a date that is on or before the dissolution of the Forestry 8
Commission. 9
(2) An order under clause 6 takes effect on the date specified in the order, 10
being a date that is after the dissolution of the Forestry Commission but 11
earlier than 12 months after that dissolution. 12
12 Consideration for vesting 13
The Treasurer may, by order in writing, specify the consideration on 14
which a transfer by an order under clause 5 or 6 is made and the value 15
or values at which the assets, rights or liabilities are transferred. 16
13 State taxes not chargeable 17
State tax is not chargeable in respect of: 18
(a) a transfer to which this Schedule applies, or 19
(b) anything certified by the Treasurer as having been done in 20
consequence of such a transfer (for example, the transfer or 21
conveyance of an interest in land). 22
14 Confirmation of vesting 23
(1) The Treasurer may, by notice in writing, confirm a transfer of particular 24
assets, rights or liabilities by operation of this Part. 25
(2) Such a notice is conclusive evidence of that transfer. 26
Part 4 Transfer of staff 27
15 Definitions 28
In this Part: 29
enterprise agreement means an enterprise agreement under the Fair 30
Work Act 2009 of the Commonwealth. 31
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Forestry Bill 2012
Dissolution of Forestry Commission Schedule 2
existing member of staff means a person who, immediately before the 1
commencement of Part 2 of this Schedule, was: 2
(a) employed in the Forestry Commission Division of the 3
Government Service, or 4
(b) otherwise employed under Chapter 1A of the Public Sector 5
Employment and Management Act 2002 in the Government 6
Service to enable the Forestry Commission to exercise its 7
functions. 8
transfer date, in relation to a transferred staff member, means the date 9
on which the transfer of the staff member by order under clause 16 takes 10
effect. 11
transferred staff member means an existing member of staff who is 12
transferred to the employment of the Corporation by order under 13
clause 16. 14
transition period, in relation to a transferred staff member, means 15
whichever is the shorter of the following periods: 16
(a) the period of 6 months beginning on the transfer date, 17
(b) the period beginning on the transfer date and ending immediately 18
before the date on which an enterprise agreement first takes effect 19
in relation to the staff member. 20
16 Transfer of existing staff to Forestry Corporation 21
(1) The Treasurer may, by order in writing, transfer such existing members 22
of staff as are specified or referred to in the order to the employment of 23
the Corporation. 24
(2) Any such staff who are transferred to the Corporation by order under 25
this clause are to be regarded for all purposes as having become 26
employees of the Corporation, in accordance with the terms of the order 27
and this Part, on the day specified in the order as being the day on which 28
the transfer takes effect. 29
17 Transitional employment arrangements for transferred staff members 30
(1) This clause does not apply in relation to a transferred staff member if an 31
enterprise agreement relating to that staff member is entered into before 32
the transfer date. 33
(2) During the transition period, the employment of a transferred staff 34
member with the Corporation is to be on the same terms and conditions 35
relating to the following matters as applied to the person's employment 36
as an existing member of staff immediately before the transfer date: 37
(a) hours of work, 38
(b) salary, 39
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Forestry Bill 2012
Schedule 2 Dissolution of Forestry Commission
(c) shift, overtime and penalty rates, 1
(d) allowances, 2
(e) leave. 3
18 Other provisions relating to transferred staff members 4
(1) A transferred staff member: 5
(a) retains any rights to annual leave, extended or long service leave, 6
sick leave, or other forms of leave, accrued or accruing in his or 7
her employment as an existing member of staff, and 8
(b) is not entitled to receive any payment or other benefit (including 9
in the nature of severance pay or redundancy or other 10
compensation) merely because the member ceases to be in the 11
employment from which the member was transferred, and 12
(c) is not entitled to claim, both under this Act or any other Act, dual 13
benefits of the same kind for the same period of service. 14
(2) Without limiting subclause (1), a transferred staff member is not, 15
despite any other provision of this or any other Act, entitled to elect, 16
because of that transfer, to be paid the money value of any extended or 17
annual leave that the member accrued in the employment from which 18
the member was transferred. 19
(3) The Forestry Commission is taken to be an authority to which 20
Schedule 4 to the SOC Act applies. 21
19 Jurisdiction of Industrial Relations Commission 22
(1) If an existing staff member is transferred by order under clause 16, the 23
Industrial Relations Commission has no jurisdiction to determine an 24
industrial matter (within the meaning of the Industrial Relations Act 25
1996) relating to the staff member if: 26
(a) the Fair Work Act 2009 of the Commonwealth has excluded the 27
application of State industrial laws (within the meaning of section 28
26 of that Act) in relation to the matter, or 29
(b) the matter is an appeal to which Part 7 of Chapter 2 of the 30
Industrial Relations Act 1996 applies. 31
(2) This clause does not affect the jurisdiction of the Industrial Relations 32
Commission in relation to a matter that is the subject of an application 33
under section 146B of the Industrial Relations Act 1996. 34
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Forestry Bill 2012
Savings, transitional and other provisions Schedule 3
Schedule 3 Savings, transitional and other 1
provisions 2
Part 1 Preliminary 3
1 Regulations 4
(1) The regulations may contain provisions of a savings or transitional 5
nature consequent on the enactment of this Act or any Act that amends 6
this Act. 7
(2) Any such provision may, if the regulations so provide, take effect from 8
the date of assent to the Act concerned or a later date. 9
(3) To the extent to which any such provision takes effect from a date that 10
is earlier than the date of its publication on the NSW legislation website, 11
the provision does not operate so as: 12
(a) to affect, in a manner prejudicial to any person (other than the 13
State or an authority of the State), the rights of that person 14
existing before the date of its publication, or 15
(b) to impose liabilities on any person (other than the State or an 16
authority of the State) in respect of anything done or omitted to 17
be done before the date of its publication. 18
Part 2 Provisions consequent on enactment of this 19
Act 20
Division 1 Provisions relating to Forestry Commission 21
2 References to Forestry Commission in other Acts or instruments 22
In any Act (other than this Act), in any instrument made under any Act 23
or in any document, a reference to the Forestry Commission of New 24
South Wales is taken to be a reference to the Forestry Corporation of 25
New South Wales. 26
3 Special provisions relating to Visy agreement 27
(1) In this clause: 28
Visy agreement means the agreement within the meaning of the Visy 29
Mill Facilitation Act 1997. 30
(2) Without limiting clause 2, a reference to the Forestry Commission of 31
New South Wales in the Visy agreement is taken to be a reference to the 32
Forestry Corporation of New South Wales. 33
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Schedule 3 Savings, transitional and other provisions
(3) The operation of this Act is not to be regarded: 1
(a) as varying any obligation, right, power or remedy of a person in 2
connection with the Visy agreement, or 3
(b) as a price revision event within the meaning of clause 47 of that 4
agreement. 5
(4) Subclause (3) does not limit the operation of clause 10 (2) or (3) of 6
Schedule 2. 7
(5) This clause has effect despite any provision to the contrary in the Visy 8
agreement. 9
4 Forestry Commissioner and Assistant Commissioners cease to hold 10
office 11
A person who, immediately before the dissolution of the Forestry 12
Commission, held office as the Commissioner constituting the Forestry 13
Commission or as an Assistant Commissioner under the former Act: 14
(a) ceases to hold that office, and 15
(b) is not entitled to any remuneration or compensation because of 16
the loss of that office. 17
5 First annual report of Forestry Corporation to include financial affairs of 18
Forestry Commission 19
(1) This clause applies with respect to any period before the dissolution of 20
the Forestry Commission for which the financial affairs of the Forestry 21
Commission have not been the subject of an annual report of the 22
Forestry Commission under the Annual Reports (Statutory Bodies) Act 23
1984. 24
(2) The first annual report of the Corporation is to include the financial 25
affairs of the Forestry Commission with respect to any such period. 26
(3) Section 43A of the Public Finance and Audit Act 1983 does not apply 27
to or in respect of the Forestry Commission. 28
Division 2 Provisions relating to other matters under former 29
Act 30
6 Existing State forests and flora reserves 31
Any land dedicated as a State forest or flora reserve, or set apart as a 32
flora reserve, under the former Act, being a dedication or setting apart 33
of the land that was in force immediately before the repeal of the former 34
Act, is taken to be a State forest or flora reserve (as the case requires) 35
under this Act. 36
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Savings, transitional and other provisions Schedule 3
7 Existing special management zones 1
Any special management zone declared under the former Act, being a 2
declaration that was in force immediately before the repeal of the 3
former Act, is taken to be a special management zone under this Act. 4
8 Existing timber or forest reserves 5
(1) The repeal of section 22 of the former Act does not affect the reservation 6
from sale of land as a timber or forest reserve that was in force under 7
that section immediately before its repeal and any such reservation may 8
be revoked under and in accordance with that section as if it had not 9
been repealed. 10
(2) A lease or licence of land within a timber reserve may be granted under 11
the Crown Lands Act 1989 or the Western Lands Act 1901 (as the case 12
requires) with the approval of the Minister for such purpose, for such 13
term, and subject to such conditions, as the Minister thinks fit to impose. 14
(3) A lease or licence referred to in section 24 of the former Act, and in 15
force immediately before the repeal of that section, is not affected by the 16
repeal of that section and may continue to be dealt with as if that section 17
had not been repealed. 18
9 Existing authorisations 19
Any licence, permit or lease granted under the former Act and in force 20
immediately before the repeal of the former Act is taken to be a licence, 21
permit or lease of the corresponding kind (as determined by the 22
Corporation) in force under this Act. 23
10 Existing forest agreements and integrated forestry operations approvals 24
(1) A forest agreement in force under the Forestry and National Park 25
Estate Act 1998 immediately before the commencement of this clause 26
is taken to be a forest agreement in force under this Act. 27
(2) An integrated forestry operations approval in force under the Forestry 28
and National Park Estate Act 1998 immediately before the 29
commencement of this clause is taken to be an integrated forestry 30
operations approval in force under this Act. 31
(3) A reference in any other Act, or in any instrument made under any other 32
Act or in any other document: 33
(a) to a forest agreement under the Forestry and National Park 34
Estate Act 1998 is to be construed as a reference to a forest 35
agreement under this Act, or 36
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Schedule 3 Savings, transitional and other provisions
(b) to an integrated forestry operations approval under the Forestry 1
and National Park Estate Act 1998 is to be construed as a 2
reference to an integrated forestry operations approval under this 3
Act. 4
11 Existing sale agreements 5
The repeal of the former Act does not affect the operation of an 6
agreement entered into under section 11 (1) (m) (i) of the former Act 7
and in force immediately before that repeal and any such agreement 8
continues to have effect despite that repeal. 9
12 Existing management and working plans 10
A management plan or working plan in force under the Forestry 11
Regulation 2009 immediately before the repeal of that Regulation by 12
this Act is taken to be a management plan or working plan (as the case 13
requires) in force under this Act. 14
13 General savings provision 15
Subject to this Act and the regulations, anything done under or for the 16
purposes of a provision of the former Act is, to the extent that the thing 17
has effect immediately before the repeal of the provision, taken to have 18
been done under or for the purposes of the corresponding provision of 19
this Act. 20
Division 3 Other provisions 21
14 No compensation because of repeal of Timber Marketing Act 1977 22
(1) Compensation is not payable because of the repeal by this Act of the 23
Timber Marketing Act 1977 or for the consequences of that repeal. 24
(2) In this clause, compensation includes damages or any other form of 25
monetary compensation or the refund of any fees paid under the Timber 26
Marketing Act 1977. 27
15 Making of first principal Regulation 28
Part 2 of the Subordinate Legislation Act 1989 is taken to apply to the 29
first regulation made under this Act as if the Minister administering that 30
Act had given a certificate under section 6 (1) (b) of that Act with 31
respect to the regulation. 32
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Forestry Bill 2012
Amendment of other legislation Schedule 4
Schedule 4 Amendment of other legislation 1
4.1 Brigalow and Nandewar Community Conservation Area Act 2
2005 No 56 3
[1] Section 33 Content of Agreement 4
Omit "Forestry and National Park Estate Act 1998" from section 33 (1) (b). 5
Insert instead "Forestry Act 2012". 6
[2] Section 34 Management of Zones in accordance with Agreement 7
Omit "Part 4 of the Forestry and National Park Estate Act 1998" from the 8
definition of integrated forestry operations approval in section 34 (3). 9
Insert instead "the Forestry Act 2012". 10
4.2 Commons Management Act 1989 No 13 11
Section 61 Crown-timber lands located within a common 12
Omit "section 27 of the Forestry Act 1916". 13
Insert instead "section 38 of the Forestry Act 2012". 14
4.3 Commons Management Regulation 2006 15
Schedule 1 Model by-law 16
Omit clause 6 (2). Insert instead: 17
(2) The trust must not permit a commoner to remove dead timber 18
from any part of the common that is within Crown-timber land 19
within the meaning of the Forestry Act 2012 unless the 20
commoner has obtained the concurrence of the Forestry 21
Corporation. 22
4.4 Crown Lands Act 1989 No 6 23
Section 59C Granting and creation of carbon sequestration and related 24
forestry rights 25
Omit section 59C (8). Insert instead: 26
(8) Before granting a forestry right in respect of Crown land that is 27
Crown-timber land within the meaning of the Forestry Act 2012 28
(or before consenting to the granting of any such forestry right), 29
Page 73
Forestry Bill 2012
Schedule 4 Amendment of other legislation
the Minister must consult the Minister administering the Forestry 1
Act 2012. 2
Note. In the case of Crown-timber land that is a State forest or timber 3
reserve, it is the Forestry Corporation that may grant a forestry right in 4
respect of the land. 5
4.5 Crown Lands (Continued Tenures) Act 1989 No 7 6
[1] Schedule 6 Conditions etc 7
Omit "Forestry Act 1916" from clause 2 (3) (c) (i). 8
Insert instead "Forestry Act 2012". 9
[2] Schedule 7 Purchase of land held under lease 10
Omit "section 25E of the Forestry Act 1916" from clause 2 (1) wherever 11
occurring. 12
Insert instead "clause 4 of Schedule 1 to the Forestry Act 2012". 13
[3] Schedule 7, clause 2 (2) 14
Omit "Forestry Act 1909 or the Forestry Act 1916". 15
Insert instead "Forestry Act 2012". 16
4.6 Duties Act 1997 No 123 17
Schedule 2 Crown bodies that are subject to this Act 18
Omit "Forests NSW". 19
4.7 Environmental Planning and Assessment Act 1979 No 203 20
Section 110B Determining authorities taken to be proponents of 21
activities 22
Omit "Commission" wherever occurring. Insert instead "Corporation". 23
4.8 Fines Act 1996 No 99 24
[1] Section 38 Circumstances in which person issued with penalty reminder 25
notice for vehicle or vessel offence is not liable to pay penalty 26
Omit paragraph (e) of the definition of vehicle or vessel offence in 27
section 38 (4). 28
Insert instead: 29
(e) an offence under section 87 (Liability of vehicle owner for 30
parking offences) of the Forestry Act 2012, 31
Page 74
Forestry Bill 2012
Amendment of other legislation Schedule 4
[2] Section 54 1
Omit the section. Insert instead: 2
54 Part not to apply to certain forestry penalty notices 3
This Part does not apply to or in relation to a penalty notice under 4
section 85 of the Forestry Act 2012 if the amount payable under 5
the notice includes any resource acquisition fee within the 6
meaning of that section. 7
[3] Schedule 1 Statutory provisions under which penalty notices issued 8
Omit the matter relating to the Forestry Act 1916. Insert instead: 9
Forestry Act 2012, section 85 10
4.9 Firearms Act 1996 No 46 11
[1] Section 12 Genuine reasons for having licence 12
Omit ", the Forestry Commission" from paragraph (b) of the matter relating to 13
the genuine reason of recreational hunting/vermin control in the Table. 14
[2] Section 12, Table 15
Insert after paragraph (b) of the matter relating to the genuine reason of 16
recreational hunting/vermin control: 17
(b1) produce proof of permission given by a land manager 18
within the meaning of the Forestry Act 2012 to shoot on 19
land in respect of which the land manager is authorised to 20
exercise functions as land manager under that Act, or 21
[3] Section 12, Table 22
Omit "to give permission to shoot on rural land" from the matter relating to the 23
genuine reason of recreational hunting/vermin control. 24
Insert instead "to give permission to shoot on land referred to in paragraph (b) 25
or (b1)". 26
4.10 First State Superannuation Act 1992 No 100 27
Schedule 1 Employers 28
Insert "Forestry Corporation" at the end of the Schedule. 29
Page 75
Forestry Bill 2012
Schedule 4 Amendment of other legislation
4.11 Forestry and National Park Estate Act 1998 No 163 1
[1] Long title 2
Omit the long title. Insert instead: 3
An Act to transfer certain State forest and other Crown land to the 4
national park estate or Aboriginal ownership; and for other 5
purposes. 6
[2] Section 1 Name of Act 7
Omit "Forestry and National Park Estate". 8
Insert instead "National Park Estate (Land Transfers)". 9
[3] Section 3 Definitions 10
Omit all definitions except the definitions of national park estate and State 11
forest. 12
[4] Sections 14 (2) and 27 (1) 13
Omit "Climate Change and" wherever occurring. 14
[5] Section 14 (4) 15
Omit the subsection. 16
[6] Section 15 Requirement for NRC forest assessment before agreement 17
made 18
Omit "Forestry Commission" from section 15 (3). 19
Insert instead "Forestry Corporation". 20
[7] Sections 21 (2), 35 (1) and 40 (2) (a) 21
Omit "this Act" wherever occurring. Insert instead "this Part". 22
[8] Sections 21 (2) and 22 (2), (3) and (6) 23
Omit "Environment and Climate Change" wherever occurring. 24
Insert instead "Premier and Cabinet". 25
[9] Section 24 Forestry operations to which Part applies 26
Insert after section 24 (2): 27
(3) For the purposes of this Part and Part 5A, the on-going forest 28
management operations referred to in paragraph (c) of the 29
definition of forestry operations in section 3 are taken to include 30
bee-keeping and grazing. 31
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Forestry Bill 2012
Amendment of other legislation Schedule 4
(4) In this section: 1
national park estate means any of the following: 2
(a) land declared as a wilderness area under the Wilderness 3
Act 1987 or the National Parks and Wildlife Act 1974, 4
(b) land reserved under the National Parks and Wildlife Act 5
1974, 6
(c) a flora reserve, 7
(d) land dedicated or reserved for a similar public purpose 8
under the Crown Lands Act 1989. 9
[10] Section 26 Granting of approvals 10
Omit "This Act" from section 26 (2). Insert instead "This Part". 11
[11] Section 26 (2) 12
Omit "the Forestry Act 1916". 13
Insert instead "or under any other provision of this Act". 14
[12] Section 32 Civil enforcement of certain conditions of approval 15
Omit "the Forestry Act 1916" from the definition of relevant Minister in 16
section 32 (1). 17
Insert instead "Part 3 of this Act". 18
[13] Section 33 Licences to which Division applies 19
Omit "under the Pollution Control Act 1970 or, after the repeal of that Act," 20
from section 33 (1) (a). 21
[14] Section 40 Application of statutory provisions relating to proceedings by 22
third parties 23
Omit "section 25 of the Environmental Offences and Penalties Act 1989, or, 24
after the repeal of that Act," from section 40 (1) (a). 25
[15] Section 40 (1) (c) 26
Omit "section 13 (2A) of the Environmental Offences and Penalties Act 1989 27
or, after the repeal of that Act,". 28
[16] Parts 3 and 4 (as amended by this Schedule) 29
Omit the Parts. 30
Transfer the Parts to the Forestry Act 2012 as Parts 5A and 5B respectively, 31
renumber sections 14-40 of the transferred Parts as sections 69A-69ZA and 32
amend any cross-references in those Parts accordingly. 33
Page 77
Forestry Bill 2012
Schedule 4 Amendment of other legislation
4.12 Game and Feral Animal Control Act 2002 No 64 1
[1] Sections 4 (definition of "State forest") and 8 (2) (f) 2
Omit "Forestry Act 1916" wherever occurring. 3
Insert instead "Forestry Act 2012". 4
[2] Section 38 Definitions 5
Omit the definition of game hunting offence from section 38 (1). 6
Insert instead: 7
game hunting offence means: 8
(a) an offence under this Act or the regulations, or 9
(b) an offence under section 68 of the Forestry Act 2012, 10
and includes any such offence that there are reasonable grounds 11
for believing has been, or is to be, committed. 12
4.13 Government Information (Public Access) Regulation 2009 13
Schedule 3 Agencies declared to be part of other agencies 14
Omit the matter relating to the Forestry Commission of New South Wales. 15
4.14 Impounding Act 1993 No 31 16
[1] Dictionary 17
Omit the second paragraph of the definition of area of operations. 18
Insert instead: 19
· in the case of an impounding officer appointed by the 20
Minister administering the Forestry Act 2012--a State 21
forest, timber reserve or flora reserve within the meaning 22
of that Act and any other land owned by or under the 23
control of the Forestry Corporation, 24
[2] Dictionary, definition of "impounding authority" 25
Omit the second paragraph of the definition. Insert instead: 26
· the Minister administering the Forestry Act 2012, 27
Page 78
Forestry Bill 2012
Amendment of other legislation Schedule 4
4.15 Land and Environment Court Act 1979 No 204 1
[1] Section 20 Class 4--environmental planning and protection and 2
development contract civil enforcement 3
Omit section 20 (1) (cc). Insert instead: 4
(cc) proceedings under section 69S (Civil enforcement of 5
certain conditions of approval) of the Forestry Act 2012, 6
[2] Section 20 (3) (a) 7
Omit "Forestry and National Park Estate Act 1998". 8
Insert instead "Part 5A or 5B of the Forestry Act 2012". 9
4.16 Law Enforcement (Powers and Responsibilities) Act 2002 10
No 103 11
Schedule 2 Search warrants under other Acts 12
Insert in alphabetical order of Acts: 13
Forestry Act 2012, section 76 14
4.17 Local Government Act 1993 No 30 15
[1] Section 633B Part not to apply to National Park reserves or State forests 16
Omit "Forestry Act 1916". Insert instead "Forestry Act 2012". 17
[2] Section 742 Dispute resolution 18
Omit "the Forestry Commission of New South Wales" from section 742 (7). 19
Insert instead "the Forestry Corporation". 20
[3] Dictionary 21
Omit paragraph (b) of the definition of lease. Insert instead: 22
(b) in relation to Crown land, land owned by or vested in the 23
Crown or land within a State forest--includes a licence, 24
permit, permissive occupancy or authority (other than a 25
licence or permit under the Forestry Act 2012), and land 26
occupied under a mineral claim under the Mining Act 1992 27
is taken for the purposes of this Act to be held under a lease 28
by the person in lawful occupation, under the mineral 29
claim, of the land. 30
Page 79
Forestry Bill 2012
Schedule 4 Amendment of other legislation
4.18 Mining Regulation 2010 1
Clause 61 Use of information and protected documents 2
Omit clause 61 (1) (e). Insert instead: 3
(e) Forestry Act 2012, 4
4.19 Motor Sports (World Rally Championship) Act 2009 No 55 5
Section 14 Application of Forestry Act 2012 6
Omit "Forestry Act 1916". Insert instead "Forestry Act 2012". 7
4.20 National Park Estate (Reservations) Act 2005 No 84 8
Schedule 6 Land transfers--ancillary and special provisions 9
Omit "Commission" from clause 9 (4) and (5), wherever occurring. 10
Insert instead "Corporation". 11
4.21 National Park Estate (Riverina Red Gum Reservations) Act 12
2010 No 22 13
[1] Section 14 Definitions 14
Omit "Forestry and National Park Estate Act 1998 to which Part 4" from the 15
definition of Riverina forestry operations. 16
Insert instead "Forestry Act 2012 to which Part 5B". 17
[2] Section 15 18
Omit the section. Insert instead: 19
15 Integrated forestry operations approval for Riverina forestry 20
operations 21
(1) An integrated forestry operations approval may be granted under 22
Part 5B of the Forestry Act 2012 for Riverina forestry operations. 23
Note. Section 69O (4) of that Act provides that such an approval may be 24
granted without the area being covered by a forest agreement. 25
(2) The substitution of this section by the Forestry Act 2012 does not 26
affect any integrated forestry operations approval in force 27
immediately before that substitution. 28
Page 80
Forestry Bill 2012
Amendment of other legislation Schedule 4
4.22 National Park Estate (South-Western Cypress Reservations) 1
Act 2010 No 112 2
Section 16 Definitions 3
Omit "Forestry and National Park Estate Act 1998 to which Part 4" from the 4
definition of South-Western forestry operations. 5
Insert instead "Forestry Act 2012 to which Part 5B". 6
[1] Section 17 7
Omit the section. Insert instead: 8
17 Integrated forestry operations approval for South-Western 9
forestry operations 10
(1) An integrated forestry operations approval may be granted under 11
Part 5B of the Forestry Act 2012 for South-Western forestry 12
operations. 13
Note. Section 69O (5) of that Act provides that such an approval may be 14
granted without the area being covered by a forest agreement. 15
(2) The substitution of this section by the Forestry Act 2012 does not 16
affect any integrated forestry operations approval in force 17
immediately before that substitution. 18
4.23 National Park Estate (Southern Region Reservations) Act 19
2000 No 103 20
Schedule 7 Land transfers--ancillary and special provisions 21
Omit "Commission" from clause 7 (3) (a). Insert instead "Corporation". 22
4.24 National Parks and Wildlife Act 1974 No 80 23
[1] Sections 5 (1) (definitions of "flora reserve", "State forest" and "timber 24
reserve"), 30C (c), 30D (c), 42, 55, 58P, 68 (7), 69B (1D), 71 (2) (a), 25
72AA (5) (b), 82, 116, 117 (3) (b) (i), 187 (1) and (3) (a), 188 (1) (definition 26
of "broadcasting or telecommunications facility") and 188D (6) (a) 27
Omit "Forestry Act 1916" wherever occurring. 28
Insert instead "Forestry Act 2012". 29
[2] Section 5 (1), definition of "Forestry Commission" 30
Omit the definition. 31
Page 81
Forestry Bill 2012
Schedule 4 Amendment of other legislation
[3] Section 16 Ex-officio rangers 1
Insert ", each authorised officer within the meaning of the Forestry Act 2012" 2
after "police officer" in section 16 (1). 3
[4] Section 16 (2) 4
Omit the subsection. 5
[5] Sections 68 (3) (a) (iv) and (7), 73 (1), 73B (6) (c) and (8), 81 (3), 82, 116 6
and 187 (3) (a) 7
Omit "Forestry Commission" wherever occurring. 8
Insert instead "Forestry Corporation". 9
[6] Section 69B Conservation agreements 10
Insert at the end of section 69B (1C) (b): 11
, or 12
(c) if the land is under the control and management of the 13
Forestry Corporation--the Forestry Corporation, or 14
(d) if the land is under the management of a land manager 15
(other than the Forestry Corporation) within the meaning 16
of the Forestry Act 2012--the relevant land manager. 17
4.25 National Parks and Wildlife Regulation 2009 18
[1] Clause 97 Ex-officio rangers 19
Omit clause 97 (1). 20
[2] Clause 97 (2) 21
Omit "ex-officio ranger prescribed by subclause (1)". 22
Insert instead "authorised officer within the meaning of the Forestry Act 23
2012". 24
4.26 Native Vegetation Act 2003 No 103 25
[1] Schedule 1 Land excluded from operation of Act 26
Omit "Forestry Act 1916" from clause 11. Insert instead "Forestry Act 2012". 27
[2] Schedule 1, clause 12 28
Omit "section 15 of the Forestry Act 1916". 29
Insert instead "Division 4 of Part 3 of the Forestry Act 2012". 30
Page 82
Forestry Bill 2012
Amendment of other legislation Schedule 4
4.27 Nature Conservation Trust Act 2001 No 10 1
Section 5 2
Omit the section. Insert instead: 3
5 Land excluded from application of Act 4
This Act does not apply to or in respect of: 5
(a) land that is a State forest, flora reserve or timber reserve 6
under the Forestry Act 2012, or 7
(b) land vested in, or owned, controlled or managed by, the 8
Forestry Corporation. 9
4.28 Noxious Weeds Act 1993 No 11 10
Dictionary 11
Insert after paragraph (c) of the definition of public authority: 12
(c1) the Forestry Corporation, or 13
4.29 Plantations and Reafforestation Act 1999 No 97 14
[1] Sections 4 (1) (definition of "Crown-timber lands"), 7 (1) (c) and 31 (2) 15
Omit "Forestry Act 1916" wherever occurring. 16
Insert instead "Forestry Act 2012". 17
[2] Sections 4 (1) (paragraph (b) of the definition of "owner") and 43 (2) 18
Omit "Forestry Commission" wherever occurring. 19
Insert instead "Forestry Corporation". 20
4.30 Protection of the Environment Operations Act 1997 No 156 21
Clause 24 of Schedule 1 and the Dictionary (paragraph (b) of definition 22
of "public place") 23
Omit "Forestry Act 1916" wherever occurring. 24
Insert instead "Forestry Act 2012". 25
Page 83
Forestry Bill 2012
Schedule 4 Amendment of other legislation
4.31 Protection of the Environment Operations (General) 1
Regulation 2009 2
Clause 81 Enforcement officers 3
Omit clause 81 (6) (g). Insert instead: 4
(g) class 7--an authorised officer within the meaning of the 5
Forestry Act 2012, 6
4.32 Public Authorities (Financial Arrangements) Regulation 7
2005 8
Schedules 2 and 5 (clause 16B) 9
Omit "Forestry Commission" wherever occurring. 10
Insert instead "Forestry Corporation". 11
4.33 Public Finance and Audit Act 1983 No 152 12
Schedule 2 Statutory bodies 13
Omit "Forestry Commission of New South Wales". 14
4.34 Public Sector Employment and Management Act 2002 No 43 15
[1] Schedule 1 Divisions of the Government Service 16
Omit the matter relating to the Forestry Commission Division from Part 3 17
(Special Employment Divisions). 18
Insert instead: 19
Forestry Special Employment Division Director-General of the Department of
Trade and Investment, Regional
Infrastructure and Services
[2] Schedule 2 Executive positions (other than non-statutory SES positions) 20
Omit "Assistant Commissioner under the Forestry Act 1916" from Part 3 21
(Statutory senior executive positions). 22
4.35 Real Property Act 1900 No 25 23
Schedule 2 24
Omit "Forestry Act 1916". Insert instead "Forestry Act 2012". 25
Page 84
Forestry Bill 2012
Amendment of other legislation Schedule 4
4.36 Road Transport (General) Regulation 2005 1
Schedule 2 Authorised officers 2
Omit the definition Class 6 officer. Insert instead: 3
Class 6 officer means an authorised officer within the meaning of 4
the Forestry Act 2012. 5
4.37 Rural Fires Act 1997 No 65 6
[1] Section 55 General content 7
Omit "commissioner constituting the Forestry Commission" from 8
section 55 (1) (b). 9
Insert instead "Forestry Corporation". 10
[2] Section 100A Definitions 11
Omit paragraph (a) of the definition of managed land in section 100A (1). 12
Insert instead: 13
(a) that is dedicated, or acquired for the purpose of dedication, 14
under the Forestry Act 2012 or in respect of which the 15
Forestry Corporation has obtained the benefit of a forestry 16
right within the meaning of Division 4 of Part 6 of the 17
Conveyancing Act 1919, or 18
[3] Section 100C Carrying out of bush fire hazard reduction work 19
Omit section 100C (5). 20
[4] Section 128 Protection from liability 21
Insert after section 128 (1). 22
(1A) A matter or thing done or omitted to be done by the Forestry 23
Corporation or a person acting under the authority of the Forestry 24
Corporation does not, if the matter or thing was done in good 25
faith for the purpose of executing any provision (other than 26
section 33) of this Act, subject the Forestry Corporation, or such 27
person personally, to any action, liability, claim or demand. 28
[5] Section 128 (2), definition of "protected person or body" 29
Omit paragraph (e) of the definition. Insert instead: 30
(e) the Commissioner of Fire and Rescue NSW, the 31
Director-General of the Department of Premier and 32
Cabinet, the Forestry Corporation and any person acting 33
under the authority of any such person or body, 34
Page 85
Forestry Bill 2012
Schedule 4 Amendment of other legislation
[6] Dictionary 1
Omit "Commission" from paragraph (d) of the definition of fire fighting 2
authority. 3
Insert instead "Corporation". 4
[7] Dictionary, definition of "Forestry Commission" 5
Omit the definition. 6
[8] Dictionary, definition of "managed land" 7
Omit paragraph (a) of the definition. Insert instead: 8
(a) a State forest, flora reserve or timber reserve within the 9
meaning of the Forestry Act 2012, or acquired for the 10
purpose of dedication or reservation under that Act, or in 11
respect of which the Forestry Corporation has obtained the 12
benefit of a forestry right within the meaning of Division 4 13
of Part 6 of the Conveyancing Act 1919, or 14
4.38 Rural Fires Regulation 2008 15
[1] Clause 3 Definitions 16
Omit the definition of forestry land from clause 3 (1). Insert instead: 17
forestry land means: 18
(a) land that is a State forest, flora reserve or timber reserve 19
within the meaning of the Forestry Act 2012 or acquired 20
for the purpose of dedication or reservation under that Act, 21
or 22
(b) land in respect of which the Forestry Corporation has 23
obtained the benefit of a forestry right within the meaning 24
of Division 4 of Part 6 of the Conveyancing Act 1919. 25
[2] Clauses 31 (1), 32 (1) and 34 (1) 26
Omit "Commission" wherever occurring. Insert instead "Corporation". 27
4.39 Rural Lands Protection Act 1998 No 143 28
[1] Sections 84 (1) (definition of "timber"), 90 (2) and 91 (1) and (3) and the 29
Dictionary (definition of "State forest") 30
Omit "Forestry Act 1916" wherever occurring. 31
Insert instead "Forestry Act 2012". 32
Page 86
Forestry Bill 2012
Amendment of other legislation Schedule 4
[2] Sections 89 (1), 90 (2) and 91 1
Omit "Commission" wherever occurring. Insert instead "Corporation". 2
[3] Section 89 (1), note 3
Omit "section 27 (3) (a) (va) of the Forestry Act 1916". 4
Insert instead "section 38 (4) (e) of the Forestry Act 2012". 5
4.40 Soil Conservation Act 1938 No 10 6
Section 17 Areas of erosion hazard 7
Omit "Forestry Act 1916" from section 17 (9). 8
Insert instead "Forestry Act 2012". 9
4.41 Standard Instrument (Local Environmental Plans) Order 10
2006 11
[1] Standard instrument, Land Use Table 12
Omit "Forestry Act 1916" from item 2 of the matter relating to Zone RU3 13
Forestry. 14
Insert instead "Forestry Act 2012". 15
[2] Standard instrument, Dictionary 16
Omit the definition of forestry. Insert instead: 17
forestry has the same meaning as forestry operations has for the 18
purposes of Part 5A of the Forestry Act 2012. 19
Note. The term is defined as follows: 20
forestry operations means: 21
(a) logging operations, namely, the cutting and removal of timber 22
from land for the purpose of timber production, or 23
(b) the harvesting of forest products, or 24
(c) on-going forest management operations, namely, activities 25
relating to the management of land for timber production such as 26
thinning and other silvicultural activities such as bee-keeping, 27
grazing and bush fire hazard reduction, or 28
(d) ancillary road construction, namely, the provision of roads and 29
fire trails, and the maintenance of existing railways, to enable or 30
assist in the above operations. 31
Page 87
Forestry Bill 2012
Schedule 4 Amendment of other legislation
4.42 State Authorities Non-contributory Superannuation Act 1
1987 No 212 2
Schedule 1 Employers 3
Insert "Forestry Corporation" at the end of Part 1. 4
4.43 State Authorities Superannuation Act 1987 No 211 5
Schedule 1 Employers 6
Insert "Forestry Corporation" at the end of Part 1. 7
4.44 State Owned Corporations Act 1989 No 134 8
Schedule 5 Statutory SOCs 9
Insert at the end of the Schedule: 10
Forestry Corporation 11
4.45 Superannuation Act 1916 No 28 12
[1] Schedule 26 13
Omit "State Forests" from Part 1. 14
[2] Schedule 26, Part 1 15
Omit "Forestry Commission". Insert instead "Forestry Corporation". 16
4.46 Threatened Species Conservation Act 1995 No 101 17
[1] Section 126L Conservation measures 18
Omit "section 25A of the Forestry Act 1916" from section 126L (m). 19
Insert instead "section 16 of the Forestry Act 2012". 20
[2] Section 127F General provisions relating to biobanking agreements 21
Omit "Forestry Act 1916" from section 127F (4). 22
Insert instead "Forestry Act 2012". 23
Page 88
Forestry Bill 2012
Amendment of other legislation Schedule 4
4.47 Threatened Species Conservation (Biodiversity Banking) 1
Regulation 2008 2
Clause 11 Land excluded from being designated as biobank site 3
Omit "Forestry Act 1916" from clause 11 (1) (g). 4
Insert instead "Forestry Act 2012". 5
4.48 Valuation of Land Act 1916 No 2 6
Section 14I Valuing Crown lease restricted land 7
Omit "Forestry Act 1916" from section 14I (2) (c). 8
Insert instead "Forestry Act 2012". 9
4.49 Visy Mill Facilitation Act 1997 No 139 10
Section 3 Interpretation 11
Insert after section 3 (2): 12
(3) The Forestry Corporation constituted under the Forestry Act 13
2012 is taken to be an agency of the State for the purposes of this 14
Act. 15
4.50 Water Management (General) Regulation 2011 16
Clauses 34 (2) (g) and 173 (2) 17
Omit "Forestry Act 1916" wherever occurring. 18
Insert instead "Forestry Act 2012". 19
4.51 Water (Part 2--General) Regulation 1997 20
Clause 27 Public authorities 21
Omit "Forestry Commission". Insert instead "Forestry Corporation". 22
4.52 Water (Part 5--Bore licences) Regulation 1995 23
Clause 8 Prescribed public authorities: sec 116A 24
Omit "Forestry Commission". Insert instead "Forestry Corporation". 25
Page 89
Forestry Bill 2012
Schedule 4 Amendment of other legislation
4.53 Western Lands Act 1901 No 70 1
[1] Section 18E Subsisting leases: extension 2
Omit "Forestry Commission" from section 18E (2) (c) (ii). 3
Insert instead "Forestry Corporation". 4
[2] Section 35X Granting and creation of forestry rights in respect of land 5
held under lease 6
Omit section 35X (6). Insert instead: 7
(6) Before granting a forestry right in respect of land that is 8
Crown-timber land within the meaning of the Forestry Act 2012 9
(or before consenting to the granting of any such forestry right), 10
the Minister must consult the Minister administering the Forestry 11
Act 2012. 12
Note. In the case of Crown-timber land that is a State forest or timber 13
reserve, it is the Forestry Corporation that may grant a forestry right in 14
respect of the land. 15
[3] Schedule 4 Provisions relating to purchases of certain leased land 16
Omit "section 25E of the Forestry Act 1916" from clause 3 (1). 17
Insert instead "clause 4 of Schedule 1 to the Forestry Act 2012". 18
[4] Schedule 4, clause 6 (5) 19
Omit "section 25F of the Forestry Act 1916". 20
Insert instead "clause 5 of Schedule 1 to the Forestry Act 2012". 21
4.54 Western Lands Regulation 2011 22
Clause 18 Circumstances in which consent to cultivation is not required: 23
section 18DA 24
Omit "Forestry Act 1916" from clause 18 (2) (d). 25
Insert instead "Forestry Act 2012". 26
Page 90
Forestry Bill 2012
Repeals Schedule 5
Schedule 5 Repeals 1
The following Acts and regulations are repealed: 2
(a) Forestry Act 1916, 3
(b) Forestry Regulation 2009, 4
(c) Timber Marketing Act 1977, 5
(d) Timber Marketing Regulation 2010. 6
Page 91
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