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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 5 April 2020 at 08:06)
Part 3 Division 1
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.