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Contents (2012 - 96)
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Forestry Act 2012 No 96
Current version for 11 October 2019 to date (accessed 8 April 2020 at 18:56)
Part 3
Part 3 State forests and flora reserves
Division 1 Dedication of Crown land
13   Classification of Crown land for State forest purposes
(1916 Act, s 17)
(1)  The Minister may classify Crown land for the purpose of selecting land that is suitable and desirable in the public interest to be dedicated as State forest.
(2)  In classifying Crown land for any such purpose, the Minister is to ensure, to such extent as the Minister considers appropriate, that the selection of land to be dedicated as State forest will result in—
(a)  the promotion of effective and economic control, utilisation and management of the land for timber production and the facilitation of the economic marketing of timber and forest products, and
(b)  the establishment, maintenance or expansion of industry for the processing and treatment of timber and forest products, and
(c)  the growth and harvesting of trees for timber and forest products, and
(d)  the continuing protection of necessary tree cover in the public interest.
(3)  The Minister is to also take into account—
(a)  the potential for economic timber production of any land that is of an inferior character for the purposes of agriculture or grazing but which, by appropriate treatment of the soil, would be capable of sustaining the growth of suitable commercial species of trees in plantations, and
(b)  such other factors as the Minister considers relevant to the establishment and proper management of State forests.
(4)  Crown land need not be classified under this section in order for it to be dedicated as State forest.
14   Dedication of land as State forest
(1916 Act, s 18)
(1)  The Governor may, by notice published in the Gazette, dedicate as State forest any Crown land that is not the subject of a tenure from the Crown.
(2)  Any such dedication of land may be limited so as to exclude any land lying below the surface of the land at a depth greater than a depth specified in the notice dedicating the land.
(3)  Land dedicated under this section may not be dealt with otherwise than as provided by this Act and any such dedication may not be revoked or altered except under this Act.
(4)  The Governor may, by order published in the Gazette, constitute 2 or more State forests, or any parts of 2 or more State forests, as one State forest for the purposes of this Act.
(5)  Subsection (4) does not affect—
(a)  the declaration of any land as a special management zone, or
(b)  the setting apart of any land as a flora reserve, or
(c)  any rights or obligations conferred or imposed by or under this or any other Act.
(6)  Despite subsection (1), Crown land that is the subject of a prescribed Crown tenure and that has an area of more than 2 hectares may be dedicated as State forest in accordance with this section.
15   Revocation of dedication of land as State forest
(1916 Act, s 19)
(1)  Subject to this Act, the dedication of land as State forest may only be revoked or altered in whole or in part in the following manner—
(a)  a proposal for the revocation or alteration is to be tabled in each House of Parliament,
(b)  after the proposal has been tabled, the Governor may, on a resolution being passed by both Houses that the proposal be carried out, by notice published in the Gazette, revoke or alter the dedication.
(2)  On any such revocation, the land becomes Crown land to be dealt with under the Crown Land Management Act 2016 and until so dealt with is to be reserved from sale or lease under any Act.
16   Flora reserves
(1916 Act, s 25A(1)–(4))
(1)  The Governor may, by notice published in the Gazette—
(a)  dedicate, with the concurrence of the Minister administering the Crown Land Management Act 2016, any Crown land that is not the subject of a tenure from the Crown, or
(b)  set apart the whole or part of a State forest,
as a flora reserve for the preservation of native flora.
(2)  Any such dedication of land may be limited so as to exclude any land lying below the surface of the land at a depth greater than a depth specified in the notice dedicating the land.
(3)  The setting apart of the whole or a part of a State forest as a flora reserve under this section does not affect the dedication as a State forest of the area so set apart.
(4)  Subject to this Act, a notice under this section is not to be revoked wholly or in part otherwise than by Act of Parliament.
(5)  Despite subsection (1)(a), Crown land that is the subject of a prescribed Crown tenure and that has an area of more than 2 hectares may be dedicated as a flora reserve in accordance with this section.
17   Review of dedicated State forests
(1916 Act, s 17A)
The Minister is, on a continuing basis, to review dedicated State forests for the purposes of determining whether or not any State forest, or part of any State forest, should continue to be dedicated as such.
Division 2 Special management zones
18   Declaration of special management zones
(1916 Act, s 21A(1), (1A), (3) and (7))
(1)  The Minister may, by notice published in the Gazette, declare any area of State forest (other than a flora reserve) to be a special management zone if the Minister is satisfied that the area has special conservation value.
(2)  The object of the declaration of a special management zone and the prohibition of forestry operations in the zone is to protect its special conservation value.
(3)  The Minister is to ensure that the public is given an opportunity to make representations about any proposed notice of the Minister under this section to declare a special management zone. The Minister must—
(a)  fix a time within which the public may make representations about the proposal, and
(b)  make copies of the proposed notice available for public inspection before that time on such website as the Minister thinks appropriate, and
(c)  make available for public inspection before that time on that website a statement outlining the activities that the Minister proposes to prohibit in the zone, and
(d)  take any representation on the proposal received by the Minister within that time into account before making a decision on the matter.
(4)  Except as provided by this Act, a notice under this section is not to be revoked wholly or in part otherwise than by Act of Parliament.
19   Prohibition of forestry operations in special management zones
(1916 Act, s 21A(2), (2A), (4)–(6) and (8))
(1)  The Minister may, by notice in writing to the Corporation—
(a)  prohibit particular kinds of forestry operations in a special management zone, or
(b)  prohibit forestry operations in the zone unless particular conditions are complied with.
(2)  The carrying out of general purpose logging is prohibited in a special management zone.
(3)  The Corporation must ensure that any forestry operations carried out in a special management zone comply with any prohibition imposed by or under this section.
(4)  An integrated forestry operations approval does not authorise the carrying out of any forestry operations in a special management zone that are prohibited by or under this section.
(5)  The Minister may vary or revoke a notice under this section by a further notice.
(6)  The Minister is to ensure that any notice under this section is made available for public inspection on such website as the Minister thinks appropriate.
20   Revocation of special management zones
(1916 Act, s 21A(1B) and (1C))
(1)  The Governor may, by notice published in the Gazette, revoke the declaration of any land as or as part of a special management zone and by that notice set apart the land as or as part of a flora reserve.
(2)  The Governor may, by a notice under Division 1 of Part 4 of the National Parks and Wildlife Act 1974 that reserves land under that Act—
(a)  revoke the declaration of the land, or any part of the land, as a special management zone, and
(b)  revoke the dedication of the land, or any part of the land, to which the declaration as a special management zone applies, as State forest.
Division 3 Management plans and working plans
21   Management plans for State forests
(1)  The Corporation is to prepare and adopt plans for its management of State forests.
(2)  A management plan may relate to one or more State forests.
(3)  A management plan must contain such information or other matter as may be prescribed by the regulations.
(4)  A management plan may be amended in accordance with the procedures and requirements of this Division relating to the preparation and adoption of a management plan.
22   Management plans to be consistent with integrated forestry operations approvals
(2009 Reg, cl 6)
(1)  The Corporation is not to adopt a management plan for a State forest that is wholly or partly located in the area to which an integrated forestry operations approval applies unless it is in accordance with the terms of the integrated forestry operations approval for the area.
(2)  To the extent that a management plan for a State forest that is wholly or partly located in the area to which an integrated forestry operations approval applies is not consistent with the terms of the integrated forestry operations approval for the area, the terms of the approval prevail.
(3)  The requirements of this section are in addition to the other requirements of this Division in relation to management plans.
23   Procedures for preparing and adopting management plans
(2009 Reg, cl 5)
(1)  Before adopting a draft management plan, the Corporation is to ensure that the draft plan is publicly advertised in a notice that—
(a)  is published on the website of the Corporation, and
(b)  includes a brief description of the draft plan, and
(c)  includes a statement indicating a location at which members of the public may examine a copy of the draft plan, and
(d)  indicates a closing date on or before which written submissions may be made to the Corporation concerning the draft plan, being a date that is not less than 30 days after the date on which the notice is first published.
(2)  The Corporation is, before adopting the draft plan, to consider any submissions made to it on or before the closing date for submissions specified in the notice.
24   Review of management plans
A management plan for a State forest is to be reviewed—
(a)  after any review and amendment of any integrated forestry operations approval that applies to the area of the plan to ensure the plan is consistent with that amended approval, and
(b)  at such other times as the Corporation considers appropriate.
25   Working plans for flora reserves
(1916 Act, s 25A(5))
(1)  The Corporation is, in respect of each flora reserve, to prepare a detailed written scheme of the operations to be carried out on or in relation to the flora reserve.
(2)  The object of any such scheme is to be the preservation of native flora on the flora reserve.
(3)  The Corporation is to submit the scheme for a flora reserve to the Minister for approval and, if approved by the Minister, the scheme becomes the working plan for the flora reserve.
(4)  Operations may not be carried out on or in relation to a flora reserve unless such operations are in accordance with the working plan for the reserve.
(5)  The working plan for a flora reserve may, with the approval of the Minister, be amended or altered from time to time.
(6)  A working plan may contain provisions authorising a local council in whose area a flora reserve is situated to participate to the extent specified in the working plan in the management of the reserve or in carrying out any of the operations authorised by the working plan on or in relation to the reserve. In any such case, the council concerned may expend out of its consolidated fund any money necessary to meet the costs and expenses of exercising the authority conferred on it by the working plan.
(7)  A working plan may also contain provisions authorising the representative or representatives of any local committee or public body or organisation to participate, to the extent specified in the working plan, in the management of the flora reserve or in carrying out any of the operations authorised by the working plan.
Division 4 Acquisition and sale of land
26   Acquisition of land for State forest purposes
(1916 Act, s 15(1) and (2))
(1)  The Minister may, for the purpose of a State forest, for the purpose of providing access to a State forest or for any purpose necessary for or incidental to the management or control of a State forest, acquire land (including an interest in land) by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.
(2)  On acquisition, the land is vested in the Crown.
27   Acquisition of land dedicated as State forest
(1916 Act, s 15(3) and (4))
(1)  The Minister may, for the purpose of giving effect to a land exchange agreement, acquire land dedicated as State forest by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.
(2)  Despite any other provision of this Act, the publication in the Gazette of an acquisition notice under section 19 of the Land Acquisition (Just Terms Compensation) Act 1991 for the purposes of this section operates to revoke any dedication as State forest, declaration as special management zone or any dedication or setting apart as flora reserve of the land referred to in the acquisition notice.
28   Acquisition of land for future lease grant or dealing
(1916 Act, s 15(4A)–(4E))
(1)  The Minister may, on behalf of the Crown, acquire land (including an interest in land) for the purposes of a future lease grant or dealing by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.
(2)  An acquisition for a future lease grant or dealing is an acquisition—
(a)  to enable the reservation, dedication or setting apart of land under this Act and the exercise of functions conferred or imposed by or under this Act in relation to land, or
(b)  to enable the exercise of functions conferred or imposed by or under this Act in relation to land already reserved, dedicated or set apart under this Act.
(3)  The publication in the Gazette of an acquisition notice under section 19 of the Land Acquisition (Just Terms Compensation) Act 1991 for a purpose that is described as a future lease grant or dealing does not—
(a)  to the extent to which the land referred to in the acquisition notice was Crown land immediately before the publication of the acquisition notice, affect the status of the land as Crown land, or
(b)  operate to revoke a dedication as State forest, declaration as special management zone or dedication or setting apart as a flora reserve or reservation as a timber reserve of the land referred to in the acquisition notice.
(4)  This section does not limit the purposes for which land may be acquired under any other provision of this Act.
29   Sale of certain land
(1916 Act, s 15(6))
The Minister may sell any land acquired to provide access to a State forest or for any purpose necessary for or incidental to the control or management of a State forest if that land—
(a)  has not been dedicated as a State forest, or
(b)  is not required for the purposes of a State forest or to provide access to a State forest or for any purpose necessary for or incidental to the control or management of a State forest.
30   Application of Public Works Act 1912
(1916 Act, s 15(5))
For the purposes of the Public Works Act 1912, any acquisition of land under this Division is taken to be for an authorised work and the Minister is, in relation to that authorised work, taken to be the Constructing Authority.
Division 5 Miscellaneous
31   Exchange of land dedicated as State forest
(1916 Act, s 16A)
(1)  The Minister may enter into an agreement for the sale or other disposal of land dedicated as State forest subject to the sale of other land, or of an interest in other land, to the Crown for the purpose of a State forest or for access to a State forest (a land exchange agreement).
(2)  A land exchange agreement may contain such terms and conditions as the Minister thinks fit.
(3)  The Minister may not enter into a land exchange agreement unless—
(a)  the Minister has consulted the Corporation about the proposed agreement, and
(b)  the Minister administering the provisions of an Act (other than this Act) relating to dealings with land vested in the Crown has approved the proposed agreement in so far as it relates to the grant of or other dealing with land that, under the agreement, is to be held subject to those provisions and in so far as it relates to the terms and conditions on which it is to be so held, and
(c)  a copy of the proposed agreement has, where it provides for the sale or other disposal of dedicated land that exceeds 20 hectares in area, been laid before both Houses of Parliament, and
(d)  if compliance with paragraph (c) is required—
(i)  notice has not been given, in either House of Parliament within 15 sitting days after a copy of the proposed agreement has been laid before it, of a motion that the agreement not be entered into, or
(ii)  if any such notice is given, that the motion pursuant to the notice has been withdrawn or defeated.
(4)  Subsection (3) does not operate to prevent the Minister from entering into an agreement by reason only that the parties to the agreement differ from those specified in a proposed agreement, relating to the same land, that the Minister is authorised to enter into.
(5)  An interested party is not required to inquire—
(a)  whether subsection (3) has been complied with in relation to an agreement purporting to have been made under this section, or
(b)  whether the Minister is authorised to give effect to the agreement by an assurance of land vested in the Minister as the Constructing Authority under the Public Works Act 1912.
(6)  For the purposes of subsection (5), an interested party is any of the following—
(a)  a party to a land exchange agreement,
(b)  a person claiming an estate or interest in any land the subject of a land exchange agreement,
(c)  the Registrar-General or other person registering or certifying title to land the subject of a land exchange agreement.
(7)  If a land exchange agreement provides for the doing or execution of any act, matter or thing under an Act other than this Act and the doing or execution of the act, matter or thing would not, but for this subsection, be authorised by that other Act, the doing or execution of that act, matter or thing is taken to be so authorised, and any other act, matter or thing for which the agreement provides may be done or executed without any further authority than this Act.
(8)  A failure to comply with subsection (3) in respect of a land exchange agreement does not invalidate the agreement or anything done under it.
32   Revocation of dedication of land as State forest in certain circumstances
(1916 Act, s 19B)
(1)  The Minister may, by notice published in the Gazette, revoke the dedication as State forest of an area of land not exceeding 20 hectares if the Minister is of the opinion that the land should be made available for a public work, or an authorised work, within the meaning of the Public Works Act 1912, or for a public purpose within the meaning of any other Act, that is specified in the notice.
(2)  Any such notice also operates to revoke any declaration of the affected land as a special management zone.
(3)  This section has effect despite any other provision of this Act.
33   Leases within State forests and flora reserves
(1916 Act, s 20)
A lease to occupy land within a State forest or flora reserve may not be granted except under this Act.
34   Easements and rights of way
(1916 Act, s 20A)
(1)  The Minister may, on such terms and conditions as the Minister thinks fit, grant an easement or right of way through or over land within a State forest or flora reserve.
(2)  The Minister may accept a surrender of any easement or right of way through or over land within a State forest or flora reserve.
35   Land subject to mining law
(1916 Act, s 21)
(1)  Land within a State forest or flora reserve is, for the purposes of the definition of exempted area in the Mining Act 1992 or in section 70 of the Petroleum (Onshore) Act 1991, land dedicated for public purposes.
(2)  The exercise of any right under the Mining Act 1992 or the Petroleum (Onshore) Act 1991 on land within a State forest or flora reserve is subject to such conditions and restrictions relating to forestry or the purposes of the flora reserve as may be prescribed by the regulations.
(3)  The Minister may, with the concurrence of the Minister administering the Mining Act 1992, by order published in the Gazette exempt any part of a State forest or flora reserve from the operation of the Mining Act 1992 or the Petroleum (Onshore) Act 1991.
36   Effect of dedication etc on existing leases and licences
(1916 Act, s 25)
(1)  The dedication of land as State forest, the declaration of land as a special management zone or the dedication or setting apart of land as a flora reserve does not, except as provided by this Act, affect any lease or licence from the Crown that is in force immediately before the dedication, declaration or reservation (an existing lease or licence).
(2)  An existing lease or licence may not be renewed or extended. However, an existing lease or licence over land in the Western Division (within the meaning of Schedule 3 to the Crown Land Management Act 2016) may be renewed or extended with the approval of the Minister and subject to such conditions as the Minister thinks fit to impose.
(3)  The administration of matters relating to existing leases or licences is the responsibility of the Minister or, with the approval of the Minister, the Corporation. For that purpose, the Minister and the Corporation (as the case requires) have the powers of the Minister administering the Crown Land Management Act 2016.
(4)  However, subsection (3) does not apply in relation to land in the Western Division unless the Minister otherwise declares by notice published in the Gazette.
(5)  An existing lease or licence in respect of land within a State forest may be surrendered in whole or in part to the Crown and a forest lease under this Act may be granted instead.
(6)  Money payable as rent under an existing lease or licence is to be received by the Corporation.
37   Declaration of access roads
(1916 Act, s 33A)
(1)  The Minister may, by order published in the Gazette, declare any road—
(a)  constructed on land—
(i)  dedicated as State forest (whether or not the land is declared to be a special management zone or set apart as a flora reserve), or
(ii)  dedicated as a flora reserve, and
(b)  described in the order in such manner as the Minister thinks fit,
to be a road of access to land purchased or held under a lease or licence under the Crown Land Management Act 2016 or other Crown Land Acts.
(2)  Any such order has effect according to its tenor.
(3)  The declaration and use of any such access road does not affect the status, as State forest, special management zone or flora reserve, of the land on which it is constructed.