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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 20:06)
Part 5 Division 1
Division 1 Land managers
57   Land manager of forestry areas
(1)  The Corporation is the land manager of forestry areas except as provided by this section.
(2)  The land manager of a forestry area has, subject to any order under this section, the functions conferred or imposed on the land manager by or under this or any other Act in relation to the forestry area.
(3)  The Minister may, with the concurrence of the voting shareholders of the Corporation, by order published in the Gazette appoint a government agency, or a person or body (or a person or body of a class) prescribed by the regulations—
(a)  as the land manager of a specified forestry area or specified class of forestry area, or
(b)  as the land manager of a specified forestry area or specified class of forestry area, but only for the purposes of exercising specified land management functions in relation to that area.
(4)  The government agency or the person or body so appointed is the land manager of any such specified forestry area or class of forestry area to the extent specified in the order.
(5)  If a government agency or a person or body is appointed as the land manager of a forestry area for the purposes of exercising specified land management functions in relation to that area, the government agency or person or body is taken to have the control and management of the forestry area for the purposes of exercising those functions.
(6)  The land manager of a forestry area may delegate functions as manager of the area to a person or body, or a person or body of a class, prescribed by the regulations.
(7)  The appointment of a person or body (other than a government agency) under this section may only be made with the consent of that person or body.
(8)  An order under this section may provide that the exercise of particular functions of the land manager specified in the order require the approval of the Corporation.
58   Functions of land manager confined to non-forestry uses
The functions that may be exercised by the land manager of a forestry area do not include functions relating to the carrying out of forestry operations in the area or functions of the kind conferred or imposed on the Corporation under Part 2.
59   Objectives of land manager of forestry area
(1)  The land manager of a forestry area has the following objectives in the exercise of functions as land manager of the area—
(a)  to facilitate public access to the forestry area,
(b)  to promote the recreational use of the forestry area,
(c)  to conserve fauna (other than feral animals) living in the forestry area.
(2)  However, the functions of the land manager of a forestry area are to be exercised—
(a)  in the case of an area that is or is part of a State forest—
(i)  in a manner that is not inconsistent with the use of State forests for the purposes of carrying out forestry operations, and
(ii)  in accordance with the management plan for the State forest and in accordance with good forestry practice, and
(b)  in the case of an area that is or is part of a flora reserve—
(i)  in a manner that is not inconsistent with the use of flora reserves for the preservation of native flora, and
(ii)  in accordance with the working plan for the flora reserve.
(3)  The principal objectives of the Corporation specified in section 10(1)(a) and (e) do not apply in relation to the Corporation in the exercise of its functions as the land manager of a forestry area.