Schedule 3 Amendment of Forestry Act 1916 No 55

(Section 3)

[1]   Section 11 Powers and duties of the commission

Omit section 11 (1) (m5). Insert instead:

  

(m5)  without limiting paragraph (m4), may, for any purpose consistent with its objects, grant a forestry right (within the meaning of section 87A of the Conveyancing Act 1919) in respect of a State forest, timber reserve or land owned by it, including any such right that is for the benefit of the commission, and only with the consent of any lessee in the case of a timber reserve, or

[2]   Section 11AA

Insert after section 11:

  

11AA   Limit on power to take timber etc from land subject to forestry right

Despite any other provision of this Act, the commission is not authorised to take, or authorise any other person to take, any timber, products or forest materials from any Crown-timber land that is the subject of a forestry right within the meaning of section 87A of the Conveyancing Act 1919 unless the forestry right is held or granted by the commission.

[3]   Section 25F Crown’s rights to timber and products on purchase-tenure land

Insert after section 25F (5) (a):

  

(a1)  have been established on land that is the subject of a forestry right within the meaning of section 87A of the Conveyancing Act 1919, or

[4]   Section 27 Penalty for unlawfully taking timber, products or forest materials

Insert “, (a1)” after “paragraph (a)” in section 27 (3) (a) (iv).

[5]   Section 27 (3) (a) (iva)

Insert after section 27 (3) (a) (iv):

  

(iva)  in pursuance of and in accordance with a forestry right within the meaning of section 87A of the Conveyancing Act 1919 and any restriction on use or covenant imposed under Division 4 of Part 6 of that Act in connection with the forestry right,

[6]   Section 27E Trees planted, established or necessary for certain purposes

Insert after section 27E (1) (a):

  

(a1)  have been established on land that is the subject of a forestry right within the meaning of section 87A of the Conveyancing Act 1919, or

[7]   Section 30AA

Insert after section 30A:

  

30AA   Limitation on royalty

Despite any other provision of this Division, the commission is not entitled to a royalty in respect of any timber or products:

(a)  derived from trees that have been established on land that is the subject of a forestry right within the meaning of section 87A of the Conveyancing Act 1919, and

(b)  taken in accordance with the forestry right and any restriction on use or covenant imposed in connection with the forestry right,

unless the forestry right is granted by the commission.

[8]   Section 31 Permits to occupy and use land

Insert after section 31 (6):

  

(7)  A permit under this section may not be granted in respect of land that is subject to a forestry right (within the meaning of section 87A of the Conveyancing Act 1919) if the permit is for a purpose that is, in the opinion of the commission, inconsistent with:

(a)  the forestry right, or

(b)  a restriction on the use of land, or forestry covenant, imposed in connection with the forestry right under Division 4 of Part 6 of the Conveyancing Act 1919.