Forestry Act 1920

Forestry Act 1920

[Long title Amended by No. 25 of 1994, s. 4 ] An Act to establish a Forestry corporation and to provide for the better management and protection of forests

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART I - Preliminary

1.   Short title and commencement

[Section 1 Amended by 25 Geo. V No. 78 ]This Act may be cited as the Forestry Act 1920 and shall come into force on 1st January 1921.

2.   

[Section 2 Repealed by 25 Geo. V No. 78 ].  .  .  .  .  .  .  .  

3.   

[Section 3 Repealed by 25 Geo. V No. 78 ].  .  .  .  .  .  .  .  

4.   Interpretation

(1)  [Section 4 Amended by 25 Geo. V No. 78 ][Section 4 Amended by 3 & 4 Geo. VI No. 47, s. 2 ][Section 4 Amended by 10 Geo. VI No. 42, s. 2 ][Section 4 Amended by No. 36 of 1958, s. 4 and Sched. 3 ][Section 4 Amended by No. 75 of 1975, s. 2 ][Section 4 Amended by No. 28 of 1976, s. 74 and Sched. III ][Section 4 Amended by No. 117 of 1977, s. 2 and s. 7 ][Section 4 Amended by No. 95 of 1980, s. 4 ][Section 4 Amended by No. 18 of 1981, s. 5 and Sched. 1 ][Section 4 Amended by No. 29 of 1984, s. 3 and Sched. 1 ][Section 4 Amended by No. 49 of 1985, s. 3 and Sched. 1 ][Section 4 Subsection (1) amended by No. 27 of 1989, s. 4 ][Section 4 Subsection (1) amended by No. 5 of 1990, s. 3 and Sched. 1 ][Section 4 Subsection (1) amended by No. 42 of 1991, s. 53 ][Section 4 Subsection (1) amended by No. 25 of 1994, s. 5 ][Section 4 Subsection (1) amended by No. 52 of 1995, s. 3 and Sched. 1 ][Section 4 Subsection (1) amended by No. 66 of 1996, s. 4 ]In this Act, unless the contrary intention appears –

agistment licence means a licence of that name issued under section 30 ;

annual supply of veneer and sawlog means the minimum aggregate quantity of eucalypt veneer logs and eucalypt sawlogs that the corporation must make available annually for the veneer and sawmilling industries in accordance with section 22AA (1) ;

apiary permit means a permit granted under section 28A ;

Board means the Board of Directors of the corporation;

chairperson means the chairperson of the Board appointed under section 12E (3) ;

chief executive officer means the chief executive officer of the corporation appointed under section 12M ;

conservation area means reserved land within the meaning of the National Parks and Wildlife Act 1970 that is not, or does not form part of, a State reserve or game reserve within the meaning of that Act;

contract includes an agreement, arrangement, permit, licence and contract of sale;

contract of sale means a contract for the sale of forest produce entered into under section 33A ;

corporation means the Forestry corporation established under section 6 ;

Crown land has the meaning assigned to that expression by section 2 of the Crown Lands Act 1976 ;

Crown wood means timber obtained from State forest or from Crown land other than State forest;

deferred forest land means land specified in the Register of Deferred Forest Land;

employee has the same meaning as in the Government Business Enterprises Act 1995 ;

enactment means –

(a) an Act; or

(b) any other instrument of a legislative character; or

(c) any provision of an Act or of an instrument of a legislative character;

forest lease means a lease granted under section 34 (1) ;

forest management plan means a forest management plan prepared and approved in accordance with Part IIIA ;

forest offence means the contravention of any provision of this Act;

forest officer means a person appointed as a forest officer under section 12T ;

forest operations means work connected with –

(a) planting trees; or

(b) managing trees before they are harvested; or

(c) harvesting forest products –

and includes any related land clearing, land preparation, burning-off, access construction or transport operations;

forest permit means a permit granted under section 24 ;

Forest Practices Board means the division of the corporation established by section 12X ;

Forest Practices Code means the Code issued by the Forest Practices Board pursuant to section 30 of the Forest Practices Act 1985 and in force under that Act and includes any amendments to that Code;

forestry purposes includes purposes which facilitate conservation, environmental care and recreation on land which is State forest;

forest produce or forest products means all vegetable growth and the products of growing or dead trees, shrubs, timber, or other vegetable growth and, in the case of a State forest, includes sand, gravel, clay, loam, and stone;

forest produce licence means a licence of that name issued under section 30 ;

forest reserve means land dedicated as a forest reserve under section 20 ;

forest road means –

(a) any road constructed or maintained by or for the corporation; or

(b) any other road on State forest, other than a State highway, or subsidiary road, within the meaning of the Roads and Jetties Act 1935 ; or

(c) any other road that is –

(i) on Crown land; and

(ii) being managed by a person for the purpose of timber production; or

(d) any bridge, tunnel, embankment, causeway, culvert, drain or other works constructed in respect of a road referred to in paragraph (a) , (b) or (c) ;

Forests and Forest Industry Guidelines means the guidelines set out in Schedule 1 ;

functions includes duties;

interim forest management plan means a proposed forest management plan that has taken effect as an interim forest management plan under section 22E ;

licence means an agistment licence, a forest produce licence, or any other licence issued under section 30 ;

miner's rightmeans a document of title of that name issued pursuant to section 13 (1) of the Mining Act 1929 ;

mining operations has the meaning assigned to that expression by section 2 (1) of the Mining Act 1929 ;

mining right means –

(a) any right accruing under the Mining Act 1929 to the holder of a mining tenement;

(b) any right accruing under section 52 or section 82A of that Act to any person who has made an application to which either of those sections relate;

(c) any preferential right subsisting (whether or not its exercise has been postponed) under section 60 of that Act ; or

(d) any right accruing under section 61 of that Act to any person who has taken possession of land under that section;

mining tenement has the meaning assigned to that expression by section 2 (1) of the Mining Act 1929 ;

multiple use forest land means land specified in the Register of Multiple Use Forest Land;

newspaper notice means a notice published in at least 2 newspapers published and circulated generally in Tasmania;

occupation permit means a permit granted under section 28 ;

permit means an apiary permit, a forest permit, or an occupation permit;

police officer has the meaning assigned to that expression by the Police Regulation Act 1898 ;

Portfolio Minister has the same meaning as in the Government Business Enterprises Act 1995 ;

private commercial forest means any land (not being Crown land) that supports a merchantable stand of timber or that is being managed with a view to producing timber of merchantable quality;

private commercial forestry includes all matters affecting the establishment, development, or management of private commercial forests or the disposal or use of the produce thereof;

Private Forests Tasmania has the same meaning as in the Private Forests Act 1994 ;

[Section 4 Subsection (1) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998]

purchaser means the party under a contract of sale with whom the corporation contracts to sell forest produce under section 33A ;

Register of Deferred Forest Land means the register maintained by the corporation in accordance with section 17A ;

Register of Multiple Use Forest Land means the register maintained by the corporation in accordance with section 17 ;

regulations means regulations made and in force under this Act;

relevant day means the day fixed under section 2 (2) of the Forest Practices Act 1985 ;

reserved trees means trees declared by notification in the Gazette to be reserved trees within the meaning of this Act;

[Section 4 Subsection (1) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] Resource Planning and Development Commission means the Resource Planning and Development Commission established under the Resource Planning and Development Commission Act 1997 ;

Stakeholder Minister has the same meaning as in the Government Business Enterprises Act 1995 ;

stock means cattle, horses, sheep, goats, and pigs;

sustainable forest management means the management of forests consistent with the practical principles of forest management established in the Forest Practices Code ;

timber includes the trunks and branches of trees, whether standing or not, and all wood, whether or not the same is cut up, sawn, hewn, split, or otherwise fashioned;

timber classification officer means a person appointed as a timber classification officer under section 12U ;

trees includes not only timber trees, but trees, shrubs and bushes, seedlings, saplings, and re-shoots of every description;

warden's court has the meaning assigned to that expression by section 2 (1) of the Mining Act 1929 ;

wood supply agreement means an agreement, made between the corporation and another person, the principal or a principal term of which is that the corporation should make available to that person over a period of time a supply of timber at a rate exceeding 100 000 tonnes a year in return for monetary or other consideration.

(2)  [Section 4 Subsection (2) inserted by No. 27 of 1989, s. 4 ][Section 4 Subsection (2) omitted by No. 25 of 1994, s. 5 ].  .  .  .  .  .  .  .  

4A.   "Parliamentary approval" defined

[Section 4A Inserted by No. 42 of 1991, s. 54 ]For the purposes of this Act, a House of Parliament is to be taken to have approved a draft of a proclamation if the draft has been laid on the table of that House, and –

(a) the draft is approved by that House; or

(b) at the expiration of 5 sitting days after the draft was laid on the table of that House no notice has been given of a motion to disapprove the draft or, if such a notice has been given, it has been withdrawn or the motion has been negatived; or

(c) any notice of a motion to disapprove the draft given during the period of 5 sitting days after the draft was laid on the table of that House is, subsequent to those 5 sitting days, withdrawn or the motion is negatived.

4B.   "State forest" defined

[Section 4B Inserted by No. 42 of 1991, s. 54 ]

(1)  [Section 4B Subsection (1) amended by No. 25 of 1994, s. 6 ]In this Act, State forest means land that is –

(a) dedicated as State forest under this or any other Act; or

(b) purchased by or on behalf of the corporation for forestry purposes; or

(ba) acquired by the Minister under section 12B ; or

(c) entered in the Register of Multiple Use Forest Land; or

(d) deleted from the Register of Multiple Use Forest Land but remains State forest by virtue of section 17 (13) .

(2)  [Section 4B Subsection (2) amended by No. 25 of 1994, s. 6 ]For the purposes of subsection (1) , land acquired by the Minister for forestry purposes before the commencement of the Public Land (Administration and Forests) Act 1991 is to be taken to be land purchased by or on behalf of the corporation for forestry purposes.

4C.   Exemption of statutory instruments from Rules Publication Act 1953

[Section 4C Inserted by No. 42 of 1991, s. 54 ]The following statutory instruments under this Act are not statutory rules within the meaning of the Rules Publication Act 1953 :

(a) proclamations under Part III ;

(b) notices under sections 17 (10) , 34 (4) , 58 (1) and Part IIIA ;

(c) notifications in respect of the definition of "reserved trees" in section 4 (1) .

5.   Act not to apply to scenic reserves, &c.

(1)  [Section 5 Subsection (1) amended by No. 47 of 1970, s. 52 and Sched. 1 ]Except as otherwise provided in this section, this Act shall not apply to any Crown land set apart or reserved under the authority of any Act as a scenic or historic reserve, or for the purposes of a public park, or for recreation for the public.

(2)  [Section 5 Subsection (2) added by No. 47 of 1970, s. 52 and Sched. 1 ]This Act applies to Crown land that is reserved land within the meaning of the National Parks and Wildlife Act 1970 , but, in its application to any such land, has effect subject to the provisions of that Act.

(3)  [Section 5 Subsection (3) added by No. 47 of 1970, s. 52 and Sched. 1 ] Subsection (2) does not have effect so as to apply the provisions of any Act (other than this Act) to any land to which they did not apply immediately before the commencement of that subsection.

(4)  [Section 5 Subsection (4) added by No. 75 of 1975, s. 3 ]Subject to section 20 (3) , this Act applies to land within a State forest that is set apart as a forest reserve under that section.

PART II - Forestry Corporation

[Part II Substituted by No. 25 of 1994, s. 7 ]

Division 1 - Forestry corporation

6.   The Forestry corporation

[Section 6 Amended by 25 Geo. V No. 78 ][Section 6 Repealed by No. 42 of 1991, s. 56 ][Section 6 Inserted by No. 25 of 1994, s. 7 ]

(1)  The Forestry corporation is established.

(2)  [Section 6 Subsection (2) omitted by No. 52 of 1995, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

(3)  The corporate name of the corporation is the name specified by the corporation, by notice published in the Gazette, to be its corporate name.

(4)  The corporation may change its corporate name by notice published in the Gazette.

(5)  [Section 6 Subsection (5) inserted by No. 52 of 1995, s. 3 and Sched. 1 ] Section 9(3) of the Government Business Enterprises Act 1995 does not apply in relation to the corporation.

7.   Objectives of corporation

[Section 7 Amended by 25 Geo. V No. 78 ][Section 7 Amended by 10 Geo. VI No. 42 ][Section 7 Amended by No. 75 of 1975, s. 4 ][Section 7 Amended by No. 27 of 1989, s. 5 ][Section 7 Amended by No. 42 of 1991, s. 56 ][Section 7 Substituted by No. 25 of 1994, s. 5 ]As a manager of forest land with a commitment to multiple use, the objectives of the corporation are to optimize –

(a) the economic returns from its wood production activities; and

(b) the benefits to the public and the State of the non-wood values of forests.

7A.   

[Section 7A Inserted by No. 42 of 1991, s. 57 ][Section 7A Repealed by No. 25 of 1994, s. 7 ].  .  .  .  .  .  .  .  

8.   Functions of corporation

[Section 8 Amended by No. 75 of 1975, s. 5 ][Section 8 Amended by No. 42 of 1991, s. 58 ][Section 8 Substituted by No. 25 of 1994, s. 7 ]

(1)  [Section 8 Subsection (1) amended by No. 52 of 1995, s. 3 and Sched. 1 ]The corporation has the following functions:

(a) the development, control and delivery of –

(i) land use policy for State forest; and

(ii) sustainable forest management and forest produce production policy;

(b) the development, control and delivery of the commercial policy of the corporation;

(c) the exclusive management and control of –

(i) all State forest and, if the Director-General of Lands consents, forests on other Crown land; and

(ii) all forest products on State forest and, if the Director-General of Lands consents, on other Crown land including the processing, removal, selling or other disposition of those forest products; and

(iii) the establishment and tending of forests, and all forest operations, on State forest and, if the Director-General of Lands consents, on other Crown land; and

(iv) the granting of all permits, licences, forest leases and other occupation rights, and the making of all contracts of sale, under this Act;

(d) to use multiple use forest land for wood production and, in a manner that is consistent with sustainable forest management and forest produce production policy, for other purposes including –

(i) the conservation of flora and fauna; and

(ii) the conservation of landforms; and

(iii) the conservation of cultural heritage; and

(iv) the care of the environment including scenery; and

(v) recreation;

(e) to regularly advise and inform the Minister with respect to all matters under the management and control of the corporation and the operation and review of this Act;

(f) to foster an internationally competitive wood production and processing industry in Tasmania;

(g) to conduct research in relation to the management of forests;

(h) such other functions as are imposed on the corporation by this Act, the Forest Practices Act 1985 or any other Act.

(2)  The corporation must perform its functions in a manner that is consistent with those practices that the corporation considers would best achieve sustainable forest management.

8A.   

[Section 8A Inserted by No. 75 of 1975, s. 6 ][Section 8A Repealed by No. 25 of 1994, s. 7 ].  .  .  .  .  .  .  .  

8B.   

[Section 8B Inserted by No. 75 of 1975, s. 6 ][Section 8B Amended by No. 42 of 1991, s. 59 ][Section 8B Amended by No. 24 of 1993, sched. 1 ][Section 8B Repealed by No. 25 of 1994, s. 7 ].  .  .  .  .  .  .  .  

8C.   

[Section 8C Inserted by No. 75 of 1975, s. 6 ][Section 8C Amended by No. 27 of 1989, s. 6 ][Section 8C Amended by No. 42 of 1991, s. 60 ][Section 8C Repealed by No. 25 of 1994, s. 7 ].  .  .  .  .  .  .  .  

8D.   

[Section 8D Inserted by No. 75 of 1975, s. 6 ][Section 8D Amended by No. 27 of 1989, s. 7 ][Section 8D Amended by No. 42 of 1991, s. 61 ][Section 8D Repealed by No. 25 of 1994, s. 7 ].  .  .  .  .  .  .  .  

9.   

[Section 9 Substituted by 10 Geo. VI No. 42, s. 4 ][Section 9 Repealed by No. 52 of 1995, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

9AA.   

[Section 9AA Inserted by No. 75 of 1975, s. 7 ][Section 9AA Repealed by No. 25 of 1994, s. 7 ].  .  .  .  .  .  .  .  

9A.   

[Section 9A Inserted by 10 Geo. VI No. 42, s. 4 ][Section 9A Amended by No. 75 of 1975, s. 8 ][Section 9A Amended by No. 117 of 1977, s. 3 ][Section 9A Amended by No. 29 of 1984, sched. 1 ][Section 9A Amended by No. 69 of 1986, s. 4 ][Section 9A Amended by No. 5 of 1990, sched. 1 ][Section 9A Repealed by No. 25 of 1994, s. 7 ].  .  .  .  .  .  .  .  

9B.   

[Section 9B Repealed by No. 25 of 1994, s. 7 ].  .  .  .  .  .  .  .  

9C.   

[Section 9C Repealed by No. 25 of 1994, s. 7 ].  .  .  .  .  .  .  .  

9D.   

[Section 9D Repealed by No. 25 of 1994, s. 7 ].  .  .  .  .  .  .  .  

9E.   

[Section 9E Repealed by No. 25 of 1994, s. 7 ].  .  .  .  .  .  .  .  

9F.   

[Section 9F Repealed by No. 25 of 1994, s. 7 ].  .  .  .  .  .  .  .  

10.   Additional functions and powers

[Section 10 Amended by 25 Geo. V No. 78 ][Section 10 Amended by 10 Geo. VI No. 42 ][Section 10 Amended by 75 of 1975, s. 9 ][Section 10 Substituted by No. 25 of 1994, s. 7 ][Section 10 Amended by 42 of 1991, s. 63 ]

(1)  The corporation has the following additional functions and powers:

(a) the promotion and encouragement of the use of State forests for purposes other than wood production, including in particular –

(i) the conservation of flora and fauna; and

(ii) the conservation of landforms; and

(iii) the conservation of cultural heritage; and

(iv) the care of the environment including scenery; and

(v) recreation; and

(vi) in the case of multiple use forest land, the exploration and development of mineral resources;

(b) the provision to the public of information and educational programmes on sustainable forest management;

(c) the maintenance of the Register of Multiple Use Forest Land under section 17 and the Register of Deferred Forest Land under section 17A ;

(d) the management of forest reserves and deferred forest land in State forest;

(e) the provision and maintenance of forest roads and other facilities for public access to and through State forest;

(f) the provision and maintenance of recreation and public information facilities;

(g) the provision of employees and facilities to ensure that persons other than the corporation are complying with this Act.

(2)  Without limiting the purposes for which that portion of the funds of the corporation consisting of money provided by Parliament may be used, the costs and expenses incurred by the corporation in the performance and exercise of the functions and powers specified in subsection (1) are to be paid out of money provided by Parliament for the purpose.

(3)  [Section 10 Subsection (3) inserted by No. 52 of 1995, s. 3 and Sched. 1 ]The corporation has the following additional functions and powers:

(a) the construction and maintenance of works it considers necessary in relation to the performance of its functions or the transport of forest products;

(b) the promotion and marketing of its work, services, goods and businesses.

10A.   

[Section 10A Repealed by No. 5 of 1990, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

11.   Power to construct drains on adjoining land, &c.

[Section 11 Substituted by No. 25 of 1994, s. 7 ]

(1)  The corporation may construct or maintain a drain or watercourse in and through land adjoining or near a forest road as it considers necessary.

(2)  The corporation must maintain a drain or watercourse constructed by it under subsection (1) .

(3)  The corporation must not enter land for any purpose specified in subsection (1) or (2) unless –

(a) the corporation has notified the owner and occupier of the land, in writing, of its intention to enter the land and the purpose of that entry; and

(b) not less than 14 days have elapsed since that notice was provided to the owner and occupier.

(4)  The corporation must pay compensation to the owner and occupier of land entered under this section for any damage or loss suffered by reason of the construction or maintenance of a drain or watercourse by the corporation under this section.

(5)  The compensation payable by the corporation under this section is to be determined in the same manner as a disputed claim for compensation under the Land Acquisition Act 1993 .

12.   Limitation on functions and powers in respect of environment protection

[Section 12 Substituted by No. 25 of 1994, s. 7 ]

(1)  [Section 12 Subsection (1) amended by No. 37 of 1996, s. 3 and Sched. 1 ]Before commencing any work in relation to the performance of its functions or the exercise of its powers, the corporation must consult with the Director of Environmental Management on how it may avoid, prevent or mitigate environmental harm if –

(a) the work appears to the corporation to be of a kind that will or may cause environmental harm; or

(b) the Director has informed the corporation that, for the reasons given by the Director in relation to the work, he or she considers it to be work of that kind and those reasons are satisfactory to the corporation.

(2)  [Section 12 Subsection (2) substituted by No. 37 of 1996, s. 3 and Sched. 1 ]In subsection (1) , environmental harm has the same meaning as in the Environmental Management and Pollution Control Act 1994 .

(3)  [Section 12 Subsection (3) amended by No. 37 of 1996, s. 3 and Sched. 1 ]The Director of Environmental Management may, on being consulted by the corporation on any matter to which subsection (1) relates, advise the corporation on how best to deal with that matter.

(4)  [Section 12 Subsection (4) amended by No. 37 of 1996, s. 3 and Sched. 1 ] Subsection (1) does not apply to or in relation to any work of a kind that the Director of Environmental Management has, either generally or specially, advised the corporation is a kind of work in respect of which consultation under that subsection is unnecessary.

12A.   Other limitations on functions and powers

[Section 12A Substituted by No. 25 of 1994, s. 7 ]

(1)  The corporation must treat the level of employment deriving from the use of public forest resources as an important consideration when examining options for competing claims for Crown wood including the provision of wood supply agreements.

(2)  For the purposes of subsection (1) , the corporation may require a prospective holder of a wood supply agreement or any other prospective recipient of Crown wood to nominate the employment numbers expected to eventuate from the receipt of the Crown wood.

(3)  During the period of 3 years commencing on the commencement of this section, the corporation must seek the views of Private Forests Tasmania before performing a function or exercising a power in a manner that would, in the opinion of the corporation, make a significant impact on private commercial forestry.

12B.   Minister's power to compulsorily acquire land

[Section 12B Substituted by No. 25 of 1994, s. 7 ]

(1)  On the recommendation of the corporation, the Minister may acquire land that the Minister considers is necessary to enable –

(a) the improved management of State forest and forests on other Crown land by the corporation; or

(b) the corporation to perform its functions.

(2)  Land that may be acquired under this section may be acquired under and in accordance with the Land Acquisition Act 1993 or by any means by which land may be surrendered to, or may revert to and revest in, the Crown.

(3)  Where any land that may be acquired under this section is held under a single title with other land, the Minister may acquire the whole or part of that other land.

(4)  Where the Minister is authorized under this section to acquire any land, that land may be acquired by the exchange for that land of any Crown land if the Director-General of Lands consents.

(5)  An exchange of land under this section may be made on such terms and conditions as may be agreed, including terms and conditions with respect to the payment, giving or receipt of any money or other consideration by way of exchange.

(6)  For the purpose of effecting an exchange, the Governor, in the name of the Crown, may grant any Crown land for an estate in fee simple.

12C.   Ministerial directions

[Section 12C Substituted by No. 25 of 1994, s. 7 ]

(1)  [Section 12C Subsection (1) substituted by No. 52 of 1995, s. 3 and Sched. 1 ]In this section, ministerial charter means the charter provided to the corporation under section 36 of the Government Business Enterprises Act 1995 and includes any amendment to that charter.

(2)  [Section 12C Subsection (2) amended by No. 52 of 1995, s. 3 and Sched. 1 ]Despite anything to the contrary in the Government Business Enterprises Act 1995 , the Portfolio Minister or Stakeholder Minister must not give a direction under that Act or specify a broad policy expectation in the ministerial charter that –

(a) requires the corporation to do anything that it is not empowered to do by this Act or any other Act; or

(b) prevents the corporation from performing or substantially performing any function it is expressly required by this Act or any other Act to perform, whether conditionally or unconditionally; or

(c) interferes with the formation by the corporation of any opinion or belief in relation to any matter that has to be determined as a prerequisite to the performance or exercise by the corporation of any of its functions or powers under this Act or any other Act; or

(d) is inconsistent with sustainable forest management.

(3)  [Section 12C Subsection (3) substituted by No. 52 of 1995, s. 3 and Sched. 1 ]If the Solicitor-General certifies that a direction has been given, or a broad policy expectation has been specified in the ministerial charter, in contravention of subsection (2) (a) , (b) or (c) , the direction or broad policy expectation is of no effect.

(4)  Within 21 days after receiving a direction, the corporation may object to the direction on any ground.

(4A)  [Section 12C Subsection (4A) inserted by No. 52 of 1995, s. 3 and Sched. 1 ]Within 21 days after the ministerial charter takes effect, the corporation may object to a broad policy expectation specified in the ministerial charter.

(5)  [Section 12C Subsection (5) amended by No. 52 of 1995, s. 3 and Sched. 1 ]An objection is to –

(a) be in writing; and

(b) specify the grounds for the objection; and

(c) be provided to the Minister who gave the direction or provided the ministerial charter.

(6)  [Section 12C Subsection (6) substituted by No. 52 of 1995, s. 3 and Sched. 1 ]If, after receiving an objection to a direction, the Minister who gave the direction determines that the direction is not to be withdrawn or amended, that Minister must cause a copy of the direction and the objection to be laid before each House of Parliament.

(6A)  [Section 12C Subsection (6A) inserted by No. 52 of 1995, s. 3 and Sched. 1 ]If, after receiving an objection to a broad policy expectation expressed in the ministerial charter, the Portfolio Minister determines that the broad policy expectation is not to be withdrawn or amended, that Minister must cause a copy of the broad policy expectation and the objection to be laid before each House of Parliament.

(7)  The corporation must perform its functions and exercise its powers in a manner that is consistent with a direction if –

(a) the corporation has not objected to the direction within the period specified in subsection (4) ; or

(b) the corporation has objected to the direction and the direction has been tabled in both Houses of Parliament; or

(c) the corporation has withdrawn its objection.

(7A)  [Section 12C Subsection (7A) inserted by No. 52 of 1995, s. 3 and Sched. 1 ]Notwithstanding the Government Business Enterprises Act 1995 , the corporation need not comply with a broad policy expectation specified in the ministerial charter if the corporation has objected to the broad policy expectation within the time specified in subsection (4A) and –

(a) the Portfolio Minister has not determined the objection; or

(b) the broad policy expectation and objection have not been tabled in both Houses of Parliament in accordance with subsection (6A) .

12D.   

[Section 12D Repealed by No. 52 of 1995, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

Division 2 - Board of Directors

12E.   Board

[Section 12E Substituted by No. 25 of 1994, s. 7 ]

(1)  The corporation has a Board of Directors consisting of –

(a) 3 persons with experience and skills in business, marketing or finance; and

(b) 2 persons with expertise in forest or related sciences and knowledge of and experience in forestry; and

(c) the chief executive officer.

(2)  The directors referred to in subsection (1) (a) and (b) are appointed by the Governor on the recommendation of the Minister.

(3)  On the recommendation of the Minister, the Governor may appoint a director referred to in subsection (1) (a) or (b) , other than a director who is also an employee, as chairperson of the Board.

(4)  Schedule 2 has effect with respect to the directors.

(5)  [Section 12E Subsection (5) omitted by No. 52 of 1995, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

12F.   Delegation

[Section 12F Substituted by No. 52 of 1995, s. 3 and Sched. 1 ]Despite section 15 of the Government Business Enterprises Act 1995 , the Board may delegate any of its powers or functions, other than this power of delegation, to any person it considers appropriate.

12G.   

[Section 12G Repealed by No. 52 of 1995, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

12H.   

[Section 12H Repealed by No. 52 of 1995, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

12I.   

[Section 12I Repealed by No. 52 of 1995, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

Division 3 - .  .  .  .  .  .  .  .  

[Part II, Div. 3,  Repealed by No. 52 of 1995, s. 3 and Sched. 1 ]

12J.   

[Section 12J Repealed by No. 52 of 1995, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

12K.   

[Section 12K Repealed by No. 52 of 1995, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

12L.   

[Section 12L Repealed by No. 52 of 1995, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

Division 4 - Chief executive officer

12M.   Chief executive officer

[Section 12M Substituted by No. 25 of 1994, s. 7 ]

(1)  The Board must appoint a person who has proven administrative skills and a sound knowledge of, and experience in, forestry as chief executive officer of the corporation for a term of not more than 5 years.

(2)  The Board must not appoint as chief executive officer –

(a) the chairperson; or

(b) a person who has served as chief executive officer for 3 consecutive terms of office; or

(c) a person who has attained the age of 72 years.

(3)  The services of a person appointed under section 12Q is not service as chief executive officer for the purposes of subsection (2) .

(4)  The chief executive officer is entitled to be paid the remuneration and allowances determined by the Board.

(5)  The chief executive officer holds that office on the conditions determined by the Board.

(6)  The chief executive officer must not engage in paid employment outside the duties of that office unless the Board has approved that employment.

(7)  The appointment of a person as chief executive officer is not invalid merely because of a defect or irregularity in relation to the appointment.

12N.   

[Section 12N Repealed by No. 52 of 1995, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

12O.   

[Section 12O Repealed by No. 52 of 1995, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

12P.   

[Section 12P Repealed by No. 52 of 1995, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

12Q.   Acting chief executive officer

[Section 12Q Substituted by No. 25 of 1994, s. 7 ]

(1)  In this section, absent means –

(a) absent from duty; or

(b) absent from Australia; or

(c) otherwise unable to perform the functions of the office of chief executive officer.

(2)  The Board, on the recommendation of the chief executive officer, may appoint a person, other than the chairperson, to act as chief executive officer during any or every period during which the chief executive officer is absent.

(3)  While a person appointed under subsection (2) is acting as chief executive officer –

(a) that person is taken to be the chief executive officer; and

(b) this Act applies to that person as if he or she were the chief executive officer.

(4)  Notwithstanding subsection (3) , an appointment under subsection (2) does not entitle the person appointed to act in the office of director referred to in section 12E (1) (c) .

12QA.   Application of Government Business Enterprises Act 1995

[Section 12QA Inserted by No. 52 of 1995, s. 3 and Sched. 1 ]

(1)  Sections 18 and 20 of the Government Business Enterprises Act 1995 do not apply in relation to the corporation.

(2)  The chief executive officer is taken to be a chief executive officer appointed under section 18 of the Government Business Enterprises Act 1995 .

(3)  A person appointed under section 12Q (2) is taken to be a person appointed under section 20(2) of the Government Business Enterprises Act 1995 .

Division 5 - Other staff

12R.   

[Section 12R Repealed by No. 52 of 1995, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

12S.   Arrangements relating to staff

[Section 12S Substituted by No. 52 of 1995, s. 3 and Sched. 1 ]The corporation may arrange with the Head of an Agency, within the meaning of the Tasmanian State Service Act 1984 , for the services of persons employed in that Agency to be made available to it.

Division 6 - Forest officers and timber classification officers

12T.   Forest officers

[Section 12T Inserted by No. 25 of 1994, s. 7 ]

(1)  The corporation may appoint as forest officers –

(a) employees; and

(b) persons employed in an Agency, within the meaning of the Tasmanian State Service Act 1984 , if the Head of that Agency consents to the appointment; and

(c) such other persons as it considers appropriate.

(2)  A person who holds a position or office under the Tasmanian State Service Act 1984 may hold that position or office in conjunction with the office of forest officer.

12U.   Timber classification officers

[Section 12U Inserted by No. 25 of 1994, s. 7 ]

(1)  The corporation may appoint employees and such other persons as it considers appropriate as timber classification officers.

(2)  An employee may hold the office of forest officer in conjunction with the office of timber classification officer.

12V.   Restriction on holding certain interests

[Section 12V Inserted by No. 25 of 1994, s. 7 ]

(1)  Except with the written approval of the corporation, a forest officer or employee must not hold or have an interest in a permit, licence, lease or other contract to which the corporation is a party.

Penalty:  Fine not exceeding 10 penalty units.

(2)  The corporation may at any time, by written notice of withdrawal, withdraw an approval given under subsection (1) .

(3)  The withdrawal of an approval given under subsection (1) to a forest officer or employee takes effect on the day specified in the notice of withdrawal, being a day not earlier than 30 days after the corporation has served that notice on that officer or employee.

Division 7 - .  .  .  .  .  .  .  .  

[Part II, Div. 7  Repealed by No. 52 of 1995, s. 3 and Sched. 1 ]

12W.   

.  .  .  .  .  .  .  .  

Division 8 - Forest Practices Board

12X.   Forest Practices Board

[Section 12X Inserted by No. 25 of 1994, s. 7 ]

(1)  A division of the corporation known as the Forest Practices Board is established.

(2)  The Forest Practices Board has such constitution, objectives, functions and powers as are specified by or under the Forest Practices Act 1985 .

(3)  The corporation must establish and maintain an account in relation to the finances of the Forest Practices Board.

(4)  In the performance and exercise of its functions and powers under the Forest Practices Act 1985 , the Forest Practices Board is not subject to the direction of the Board and its decisions are not subject to review by the Board.

(5)  [Section 12X Subsection (5) inserted by No. 52 of 1995, s. 3 and Sched. 1 ]Notwithstanding the Government Business Enterprises Act 1995 , the Forest Practices Board is not, and may not be made, a Government Business Enterprise within the meaning of that Act or a subsidiary within the meaning of that Act.

(6)  [Section 12X Subsection (6) inserted by No. 52 of 1995, s. 3 and Sched. 1 ]If the corporation is a Government Business Enterprise, within the meaning of the Government Business Enterprises Act 1995 , only that part of the corporation that is not the Forest Practices Board is such a Government Business Enterprise.

Division 9 - Miscellaneous

12Y.   Liability for failure to maintain a forest road

[Section 12Y Inserted by No. 25 of 1994, s. 7 ]The corporation does not incur any liability by virtue of its failure to keep a forest road in repair.

12Z.   

[Section 12Z Repealed by No. 52 of 1995, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

12ZA.   

[Section 12ZA Repealed by No. 52 of 1995, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

12ZB.   

[Section 12ZB Repealed by No. 52 of 1995, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

12ZC.   

[Section 12ZC Repealed by No. 52 of 1995, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

12ZD.   

[Section 12ZD Repealed by No. 52 of 1995, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

PART IIA - .  .  .  .  .  .  .  .  

[Part IIA  Repealed by No. 25 of 1994, s. 7 ]

PART IIB - .  .  .  .  .  .  .  .  

[Part IIB  Repealed by No. 25 of 1994, s. 7 ]

PART III - [Part III Heading amended by No. 42 of 1991, s. 65 ] State Forest and Forest Reserves

13.   Classification of forest lands

[Section 13 Amended by 10 Geo. VI No. 42, s. 13 and Sched. 1 ][Section 13 Amended by No. 42 of 1991, s. 66 ][Section 13 Amended by No. 25 of 1994, s. 44 and Sched. 1 ]The corporation shall cause a classification of the forest lands of the State to be made for the purpose of determining which of such lands are suitable to be –

(a) dedicated as State forest; or

(b) dedicated as forest reserves.

14.   Dedication of State forests

(1)  [Section 14 Subsection (1) substituted by No. 42 of 1991, s. 67 ]The Governor may, by proclamation, dedicate as State forest any Crown land including deferred forest land.

(2)  Land so dedicated shall not be dealt with otherwise than in pursuance of this Act, and such dedication shall not be revoked or altered except under the authority of this Act.

(3)  [Section 14 Subsection (3) added by No. 47 of 1970, s. 52 and Sched. 1 ]Nothing in this section shall be construed as preventing any conservation area or State reserve, within the meaning of the National Parks and Wildlife Act 1970 , from comprising or including the whole or any part of a State forest.

15.   Revocation of dedication of State forest

[Section 15 Subsection (1) amended by 25 Geo. V No. 78 ][Section 15 Subsection (1) amended by No. 4 of 1956, s. 2 ][Section 15 Subsection (1) amended by No. 18 of 1989, s. 4 ][Section 15 Substituted by No. 42 of 1991, s. 68 ]

(1)  [Section 15 Subsection (1) amended by No. 25 of 1994, s. 8 ]The Governor may, by proclamation made after receiving a certificate from the corporation, revoke the dedication of any land as State forest.

(2)  [Section 15 Subsection (2) amended by No. 25 of 1994, s. 8 ]The corporation must not issue a certificate for the purposes of subsection (1) unless –

(a) a draft of the proclamation referred to in that subsection has been approved by each House of Parliament; or

(b) [Section 15 Subsection (2) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] the Resource Planning and Development Commission has recommended that the dedication of the land as State forest be revoked.

(3)  [Section 15 Subsection (3) amended by No. 85 of 1997, Applied:01 Jan 1998] The Resource Planning and Development Commission must not recommend that the dedication of any land as State forest be revoked unless–

(a) the recommendation is made as a result of a reference given to that Commission–

(i) in accordance with the Public Land (Administration and Forests) Act 1991 ; and

(ii) on the instructions of the Minister, the Minister administering the Constitution Act 1934 and the Minister administering the Public Land (Administration and Forests) Act 1991 ; and

(b) the reference was made for one or more of the following reasons:

(i) the discovery of facts indicating that a species of flora or fauna may become endangered, vulnerable or rare if the land remains State forest;

(ii) the discovery of a physical feature, or entity, of cultural heritage or natural heritage value that may suffer substantial adverse effects if the land remains State forest;

(iii) the discovery of an area, object or physical characteristic of particular significance to Aborigines that may suffer substantial adverse effects if the land remains State forest;

(iv) the discovery of a physical feature, or entity, that is part of the natural or cultural environment of Australia, has aesthetic, historical, scientific, social or other special value for future generations as well as the present community and may suffer substantial adverse effects if the land remains State forest –

or the land is deferred forest land and the reference included an instruction to that Commission that it apply the Forests and Forest Industry Guidelines in making its recommendation.

(4)  [Section 15 Subsection (4) amended by No. 25 of 1994, s. 8 ]When the dedication of land as State forest is revoked –

(a) in the case of land that before being dedicated as State forest was purchased by or on behalf of the corporation – the land may be sold or otherwise dealt with by the corporation; and

(b) in any other case – the land becomes subject to, and may be dealt with in accordance with, the Crown Lands Act 1976 .

(5)  [Section 15 Subsection (5) amended by No. 25 of 1994, s. 8 ]For the purposes of subsection (4) (a) , land acquired by the Minister for forestry purposes before the commencement of the Public Land (Administration and Forests) Act 1991 is to be taken to be land purchased by or on behalf of the corporation.

(6)  [Section 15 Subsection (6) omitted by No. 25 of 1994, s. 8 ].  .  .  .  .  .  .  .  

15A.   

[Section 15A Inserted by No. 18 of 1989, s. 4 ][Section 15A Repealed by No. 42 of 1991, s. 69 ].  .  .  .  .  .  .  .  

16.   Other matters relating to land ceasing to be State forest or Crown land

[Section 16 Repealed by No. 42 of 1991, s. 70 ][Section 16 Inserted by No. 25 of 1994, s. 9 ]

(1)  The corporation may sell or otherwise dispose of land referred to in section 4B (1) (b) .

(2)  On the sale or other disposition of land referred to in section 4B (1) (b) , the land ceases to be State forest.

(3)  Notwithstanding subsection (4) (b) , land or any part of land acquired under section 12B may not be dealt with under the Crown Lands Act 1976 except with the written approval of the corporation.

(4)  On the sale or other disposition of Crown land containing forests which were, immediately before the sale or other disposition, managed by the corporation, the corporation is entitled to be compensated out of money provided by Parliament for the purpose for –

(a) any reasonable costs and expenses incurred by the corporation in relation to the sale or other disposition; and

(b) the value of any improvements made to the land during the corporation's management of forest on that land.

(5)  The amount of compensation payable is to be determined by agreement between the corporation and the Valuer-General.

(6)  Where the corporation and Valuer-General do not agree on the amount of compensation payable, that amount is to be determined in the same manner as a disputed claim for compensation under the Land Acquisition Act 1993 .

17.   Register of Multiple Use Forest Land

[Section 17 Repealed by 25 Geo. V No. 78 ][Section 17 Inserted by No. 42 of 1991, s. 71 ]

(1)  [Section 17 Subsection (1) amended by No. 25 of 1994, s. 10 ]In this section, the register means the register maintained by the corporation in accordance with subsection (2) .

(2)  [Section 17 Subsection (2) amended by No. 25 of 1994, s. 10 ]The corporation must maintain a register, called the Register of Multiple Use Forest Land, in accordance with this section.

(3)  The Governor may, by proclamation –

(a) declare that Crown land is to be entered in the register; or

(b) declare that the whole or any part of an entry in the register is to be deleted from the register.

(4)  [Section 17 Subsection (4) amended by No. 25 of 1994, s. 10 ]A proclamation to delete an entry from the register is to be made after receiving a certificate from the corporation.

(5)  [Section 17 Subsection (5) amended by No. 25 of 1994, s. 10 ]Except as provided by subsection (6) , the corporation must not issue a certificate for the purposes of subsection (4) unless –

(a) the corporation has, if it considers that the making of the proclamation is likely to reduce the annual supply of veneer and sawlog, caused a newspaper notice to be published –

(i) stating that it is proposed to delete the entry from the register and that a draft of a proclamation for this purpose is to be tabled in Parliament; and

(ii) identifying the relevant land; and

(b) the corporation has caused a draft of the proclamation and advice on the effect the making of the proclamation is likely to have on the annual supply of veneer and sawlog to be laid on the table of each House of Parliament –

(i) not less than 14 days after the publication of the newspaper notice in a case to which paragraph (a) applies; or

(ii) at any time before the issue of the certificate in any other case; and

(c) the draft of the proclamation has been approved by each House of Parliament.

(6)  [Section 17 Subsection (6) amended by No. 25 of 1994, s. 10 ]The corporation may issue a certificate for the purposes of subsection (4) if –

(a) [Section 17 Subsection (6) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] the Resource Planning and Development Commission has recommended that the entry in the register be deleted; and

(b) the corporation has, if it considers that the making of the proclamation is likely to reduce the annual supply of veneer and sawlog, caused a newspaper notice to be published –

(i) stating that it is proposed to delete the entry from the register; and

(ii) identifying the relevant land; and

(c) the corporation has caused advice on the effect the making of the proclamation is likely to have on the annual supply of veneer and sawlog to be laid on the table of each House of Parliament.

(7)  [Section 17 Subsection (7) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] The Resource Planning and Development Commission must not recommend that an entry be deleted from the register unless–

(a) the recommendation is made as a result of a reference given to that Commission–

(i) in accordance with Part 2 of the Public Land (Administration and Forests) Act 1991 ; and

(ii) on the instructions of the Minister, the Minister administering the Constitution Act 1934 and the Minister administering Part 2 of the Public Land (Administration and Forests) Act 1991 ; and

(b) the reference was made for one or more of the following reasons:

(i) the discovery of facts indicating that a species of flora or fauna may become endangered, vulnerable or rare if the entry remains in the register;

(ii) the discovery of a physical feature, or entity, of cultural heritage or natural heritage value that may suffer substantial adverse effects if the entry remains in the register;

(iii) the discovery of an area, object or physical characteristic of particular significance to Aborigines that may suffer substantial adverse effects if the entry remains in the register;

(iv) the discovery of a physical feature, or entity, that is part of the natural or cultural environment of Australia, has aesthetic, historic, scientific, social or other special value for future generations as well as the present community and may suffer substantial adverse effects if the entry remains in the register.

(8)  [Section 17 Subsection (8) amended by No. 25 of 1994, s. 10 ]Land purchased by the corporation may be entered in the register by the corporation.

(9)  [Section 17 Subsection (9) amended by No. 25 of 1994, s. 10 ]An entry in the register in respect of land purchased by the corporation may be amended, or wholly or partially deleted, by the corporation.

(10)  [Section 17 Subsection (10) amended by No. 25 of 1994, s. 10 ]If the corporation –

(a) makes or amends an entry in the register; or

(b) deletes an entry from the register –

under subsection (8) or (9) , the corporation must give notice of the entry, deletion or amendment in the Gazette.

(11)  A proclamation under subsection (3) , and a notice under subsection (10) , must identify the relevant land by reference to a plan in the Central Plan Register.

(12)  When land is entered in the register –

(a) it becomes multiple use forest land; and

(b) if it was not State forest before being entered in the register – it becomes State forest.

(13)  When land is deleted from the register –

(a) it ceases to be multiple use forest land; but

(b) whether or not it was State forest before it was entered in the register – it remains State forest except in a case to which subsection (14) applies.

(14)  When land is deleted from the register under subsection (9) for the purpose of selling that land, it ceases by virtue of this subsection to be State forest and, in any such case, a notice under subsection (10) is to state that the land has ceased to be State forest.

(15)  The following land is not capable of being entered in the register:

(a) land that is dedicated as a State reserve or game reserve under the National Parks and Wildlife Act 1970 ;

(b) land that is dedicated as a forest reserve;

(c) deferred forest land.

(16)  Nothing in the National Parks and Wildlife Act 1970 prevents land that is dedicated as a conservation area under that Act from being entered in the register.

(17)  Multiple use forest land is not capable of being dedicated as a conservation area under the National Parks and Wildlife Act 1970 .

(18)  Notwithstanding any other enactment, multiple use forest land is available for timber production.

(19)  Notwithstanding subsection (18) , multiple use forest land may be dedicated as a forest reserve under section 20 but any such land must first be deleted from the register as provided by that section.

(20)  [Section 17 Subsection (20) omitted by No. 25 of 1994, s. 10 ].  .  .  .  .  .  .  .  

(21)  Except as expressly provided in this or any other Act, multiple use forest land is otherwise subject to, and must be dealt with in accordance with, this Act.

17A.   Register of Deferred Forest Land

[Section 17A Inserted by No. 42 of 1991, s. 71 ]

(1)  [Section 17A Subsection (1) amended by No. 25 of 1994, s. 11 ]In this section, register means the register maintained by the corporation in accordance with subsection (2) .

(2)  [Section 17A Subsection (2) amended by No. 25 of 1994, s. 11 ]The corporation must maintain a register, called the Register of Deferred Forest Land, in accordance with this section.

(3)  The Governor may, by proclamation –

(a) declare that Crown land is to be entered in the register; or

(b) declare that the whole or any part of an entry in the register is to be deleted from the register.

(4)  [Section 17A Subsection (4) amended by No. 25 of 1994, s. 11 ]A proclamation to delete an entry from the register is to be made after receiving a certificate from the corporation.

(5)  [Section 17A Subsection (5) amended by No. 25 of 1994, s. 11 ]Except as provided by subsection (6) , the corporation must not issue a certificate for the purposes of subsection (4) unless a draft of the proclamation referred to in that subsection has been approved by each House of Parliament.

(6)  [Section 17A Subsection (6) amended by No. 25 of 1994, s. 11 ]The corporation may issue a certificate for the purposes of subsection (4) if –

(a) [Section 17A Subsection (6) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] the Resource Planning and Development Commission has recommended that the entry in the register be deleted; and

(b) the corporation has, if it considers that the making of the proclamation is likely to reduce the annual supply of veneer and sawlog, caused a newspaper notice to be published –

(i) stating that it is proposed to delete the entry from the register; and

(ii) identifying the relevant land; and

(c) the corporation has caused advice on the effect the making of the proclamation is likely to have on the annual supply of veneer and sawlog to be laid on the table of each House of Parliament.

(7)  [Section 17A Subsection (7) amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] The Resource Planning and Development Commission must not recommend that an entry be deleted from the register unless–

(a) the recommendation is made as a result of a reference given to that Commission–

(i) in accordance with Part 2 of the Public Land (Administration and Forests) Act 1991 ; and

(ii) on the instructions of the Minister, the Minister administering the Constitution Act 1934 , the Minister administering the National Parks and Wildlife Act 1970 and the Minister administering Part 2 of the Public Land (Administration and Forests) Act 1991 ; and

(b) the reference included an instruction to that Commission that it apply the Forests and Forest Industry Guidelines in making its recommendation.

(8)  A proclamation under subsection (3) must identify the relevant land by reference to a plan in the Central Plan Register.

(9)  When land is entered in the register it becomes deferred forest land.

(10)  The following land is not capable of being entered in the register:

(a) land that is dedicated as a State reserve or game reserve under the National Parks and Wildlife Act 1970 ;

(b) land that is dedicated as a forest reserve;

(c) multiple use forest land.

(11)  Deferred forest land is not capable of being dedicated as a State reserve or game reserve under the National Parks and Wildlife Act 1970 .

(12)  Deferred forest land is not to be –

(a) dealt with except in accordance with; or

(b) used other than for a purpose specified in –

guidelines concerning the use and management of deferred forest land.

(13)  [Section 17A Subsection (13) amended by No. 25 of 1994, s. 11 ]The guidelines referred to in subsection (12) are to be prepared by the corporation in consultation with –

(a) the responsible Department in relation to the Crown Lands Act 1976 ; and

(b) the responsible Department in relation to the Mining Act 1929 ; and

(c) the responsible Department in relation to the National Parks and Wildlife Act 1970 ; and

(d) any other land manager of deferred forest land.

(14)  Except as expressly provided in this or any other Act, deferred forest land is otherwise subject to, and must be dealt with in accordance with, this Act.

18.   Proclamations may be combined

[Section 18 Amended by 25 Geo. V No. 78 ][Section 18 Amended by 10 Geo. VI No. 42 ][Section 18 Amended by 75 of 1975, s. 11 ][Section 18 Substituted by No. 42 of 1991, s. 72 ]A proclamation to delete an entry from –

(a) the Register of Multiple Use Forest Land; or

(b) the Register of Deferred Forest Land –

may be combined with any other proclamation that may be made under this Act.

19.   Registers and guidelines to be available for public inspection

[Section 19 Amended by 10 Geo. VI No. 42 ][Section 19 Substituted by No. 42 of 1991, s. 73 ][Section 19 Amended by No. 25 of 1994, s. 44 and Sched. 1 ]The corporation must, at all reasonable times and free of charge, make –

(a) the Register of Multiple Use Forest Land; and

(b) the Register of Deferred Forest Land; and

(c) the guidelines referred to in section 17A (12) –

available for public inspection at its main office.

20.   Forest reserves

[Section 20 Substituted by No. 75 of 1975, s. 12 ]

(1)  [Section 20 Subsection (1) substituted by No. 42 of 1991, s. 74 ]The Governor may, by proclamation –

(a) dedicate any area of land within State forest as a forest reserve for one or more of the following purposes:

(i) public recreational use;

(ii) the preservation or protection of features of the land of aesthetic, scientific or other value;

(iii) the preservation or protection of a species of flora or fauna; or

(b) revoke the dedication of any land as a forest reserve.

(2)  [Section 20 Subsection (2) substituted by No. 42 of 1991, s. 74 ][Section 20 Subsection (2) amended by No. 25 of 1994, s. 12 ]A proclamation under subsection (1) (a) in respect of land that comprises any multiple use forest land is to be –

(a) made on the recommendation of the corporation; and

(b) combined with a proclamation to delete the multiple use forest land from the Register of Multiple Use Forest Land.

(2A)  [Section 20 Subsection (2A) inserted by No. 42 of 1991, s. 74 ][Section 20 Subsection (2A) amended by No. 25 of 1994, s. 12 and s. 44 ]The corporation must not make a recommendation for the purposes of subsection (2) unless –

(a) the corporation has caused a newspaper notice to be published –

(i) stating the corporation's intention to make the recommendation; and

(ii) identifying the relevant land; and

(b) the corporation has, not less than 14 days after the publication of that newspaper notice, caused a draft of the combined proclamation and advice on the effect the making of the proclamation is likely to have on the annual supply of veneer and sawlog, to be laid on the table of each House of Parliament; and

(c) the draft of the combined proclamation has been approved by each House of Parliament.

(2B)  [Section 20 Subsection (2B) inserted by No. 42 of 1991, s. 74 ][Section 20 Subsection (2B) amended by No. 25 of 1994, s. 12 ]A proclamation under subsection (1) (b) is to be made after receiving a certificate from the corporation.

(2C)  [Section 20 Subsection (2C) inserted by No. 42 of 1991, s. 74 ][Section 20 Subsection (2C) amended by No. 25 of 1994, s. 12 ]The corporation must not issue a certificate for the purposes of subsection (2B) unless a draft of the proclamation has been approved by each House of Parliament.

(3)  [Section 20 Subsection (3) substituted by No. 42 of 1991, s. 74 ][Section 20 Subsection (3) amended by No. 25 of 1994, s. 12 ]The corporation must not exercise a power in respect of a forest reserve if the exercise of that power would conflict with –

(a) the purpose for which that forest reserve was dedicated; or

(b) a forest management plan or an interim forest management plan applying to that forest reserve.

(3A)  [Section 20 Subsection (3A) inserted by No. 42 of 1991, s. 74 ][Section 20 Subsection (3A) amended by No. 25 of 1994, s. 12 ][Section 20 Subsection (3A) amended by No. 68 of 1994, s. 3 and Sched. 1 ]For the purposes of subsection (3) , the corporation must maintain a register of the proclamations made under this section and the purposes for which they were made.

(3B)  [Section 20 Subsection (3B) inserted by No. 42 of 1991, s. 74 ][Section 20 Subsection (3B) amended by No. 25 of 1994, s. 12 ][Section 20 Subsection (3B) amended by No. 68 of 1994, s. 3 and Sched. 1 ]The corporation must, at all reasonable times and free of charge, make the register referred to in subsection (3A) available for public inspection at its main office.

(4)  Any land that is set apart as a forest reserve under this section shall be deemed to be land that is required for use for a public purpose under this Act.

(5)  This section and the regulations made under section 60 in relation to forest reserves have effect subject to the National Parks and Wildlife Act 1970 .

20AA.   Minor alterations to boundaries

[Section 20AA Inserted by No. 42 of 1991, s. 75 ]

(1)  This section applies to –

(a) any area of multiple use forest land; and

(b) any area of deferred forest land; and

(c) any area of land, other than land referred to in paragraph (a) or (b) , that has been dedicated as State forest; and

(d) any land that has been dedicated as a forest reserve.

(2)  The Governor may, by proclamation, make minor alterations to the boundary of any land to which this section applies.

(3)  For the purposes of subsection (2) , an alteration to the boundary of land is a minor alteration if –

(a) in the case of land specified in subsection (1) (c) or (d) – any diminution in the overall area of the land resulting from the alteration does not exceed one per cent of the total area of that land; or

(b) in any case – no part of the boundary is relocated by a distance exceeding 100 metres.

(4)  Subsections (4) and (5) of section 15 apply to any land that is excised from a State forest by virtue of subsection (2) as if the dedication of that land as State forest had been revoked under that section.

(5)  [Section 20AA Subsection (5) amended by No. 25 of 1994, s. 44 and Sched. 1 ] Subsection (4) has effect in relation to the alteration of the boundary of a State forest subject to any agreement as to the exchange of lands made by the corporation with a person from whom land is acquired for incorporation into that State forest.

20A.   Plans to be lodged in Central Plan Office, &c.

[Section 20A Inserted by No. 75 of 1975, s. 12 ][Section 20A Substituted by No. 42 of 1991, s. 76 ]

(1)  [Section 20A Subsection (1) amended by No. 25 of 1994, s. 44 and Sched. 1 ]The corporation must lodge a plan of each proposed –

(a) area of State forest; and

(b) forest reserve; and

(c) area of multiple use forest land; and

(d) area of deferred forest land –

in the Central Plan Office.

(2)  [Section 20A Subsection (2) amended by No. 25 of 1994, s. 44 and Sched. 1 ]Notwithstanding subsection (1) –

(a) the corporation is not required to lodge a plan pursuant to a paragraph of that subsection if a plan of the relevant land has been lodged pursuant to another of those paragraphs; and

(b) if the boundary of an item specified in that subsection is altered, the corporation is not required to lodge a new plan in respect of that item if the corporation lodges a plan showing the alteration.

(3)  The Surveyor-General must, if satisfied that a plan lodged in the Central Plan Office pursuant to this section is in accordance with the provisions of the Survey Co-ordination Act 1944 , register that plan in the Central Plan Register.

(4)  Subsection (1) does not apply to land that was dedicated as State forest or as a forest reserve before the commencement of the Public Land (Administration and Forests) Act 1991 .

20B.   Public access to State forest

[Section 20B Inserted by No. 104 of 1984, s. 4 ][Section 20B Substituted by No. 42 of 1991, s. 77 ]

(1)  [Section 20B Subsection (1) amended by No. 25 of 1994, s. 44 and Sched. 1 ]The corporation must exercise its powers so as to afford members of the public access to State forest for such recreational purposes as are not incompatible with the management of State forest under this Act.

(2)  [Section 20B Subsection (2) amended by No. 25 of 1994, s. 44 and Sched. 1 ]Nothing in subsection (1) prevents the corporation from prohibiting a person from –

(a) entering, or remaining in, an area of State forest –

(i) that has been declared under section 68 of the Fire Service Act 1979 to be an area of extreme fire hazard; or

(ii) that is an area in respect of which another person has a right of exclusive possession; or

(iii) contrary to a restriction contained in a forest management plan pursuant to section 22C (6) ; or

(iv) from which that person has been excluded pursuant to section 44A (2) ; or

(b) using a forest road in contravention of the regulations or a forest road that has been temporarily or permanently closed.

(3)  [Section 20B Subsection (3) amended by No. 25 of 1994, s. 44 and Sched. 1 ]Nothing in subsection (1) prevents the corporation from charging a person a fee for the right to use –

(a) a forest road; or

(b) any facilities or conveniences provided by the corporation in areas of State forest for the benefit of visitors to those areas.

21.   Forests to be public reserves for purposes of Mining Act 1929

[Section 21 Amended by 12 Geo. V No. 68, s. 2 ][Section 21 Amended by 25 Geo. V No. 78 ]All State forests shall be deemed to be public reserves within the meaning of the Mining Act 1929 . Provided that, where any land forming part of a State forest is within the operation of that Act, the exercise of any right under that Act shall be subject to such conditions and restrictions relating to forestry as may be prescribed. Provided, however, that this section shall not affect any lease, licence, or easement granted, acquired, or applied for under the Mining Act 1917 prior to 1st January 1921, or any right or privilege under any such lease, licence, or easement.

22.   

[Section 22 Substituted by No. 75 of 1975, s. 13 ][Section 22 Subsection (4) inserted by No. 117 of 1977, s. 8 ][Section 22 Subsection (2) amended by No. 95 of 1980, s. 5 ][Section 22 Subsection (5) inserted by No. 49 of 1985, s. 3 and Sched. 1 ].  .  .  .  .  .  .  .  

22A.   

[Section 22A Inserted by 10 Geo. VI No. 42, s. 6 and expired by virtue of that section ].  .  .  .  .  .  .  .  

22AA.   Production policy

[Section 22AA Inserted by No. 56 of 1984, s. 4 ][Section 22AA Substituted by No. 42 of 1991, s. 79 ]

(1)  [Section 22AA Subsection (1) amended by No. 25 of 1994, s. 13 ]Each year, from multiple use forest land, the corporation must make available for the veneer and sawmilling industries a minimum aggregate quantity of eucalypt veneer logs and eucalypt sawlogs that meet the prescribed specifications.

(2)  In subsection (1) , minimum aggregate quantity means –

(a) 300 000 cubic metres; or

(b) if another quantity is prescribed – the prescribed quantity.

(3)  [Section 22AA Subsection (3) omitted by No. 25 of 1994, s. 13 ].  .  .  .  .  .  .  .  

PART IIIA - Forest Management Plans

[Part IIIA Inserted by No. 95 of 1980, s. 6 ][Part IIIA Substituted by No. 42 of 1991, s. 80 ]

22A.   Interpretation

[Section 22A Inserted by No. 95 of 1980, s. 6 ][Section 22A Substituted by No. 42 of 1991, s. 80 ][Section 22A Amended by No. 25 of 1994, s. 14 ]In this Part, unless the contrary intention appears –

Council means the National Parks and Wildlife Advisory Council established under section 9 of the National Parks and Wildlife Act 1970 ;

Director means the Director of National Parks and Wildlife appointed under section 5 of the National Parks and Wildlife Act 1970 ;

forestry right means –

(a) a private right conferred by or under this Act or subsisting immediately before the commencement of the Public Land (Administration and Forests) Act 1991 ; or

(b) a private right conferred, or to be conferred, by or under any of the following Acts immediately before that commencement:

(i) Wood-pulp and Paper Industry Encouragement Act 1926 ;

(ii) Florentine Valley Paper Industry Act 1935 ;

(iii) Associated Pulp and Paper Mills Act 1936 ;

(iv) National Park and Florentine Valley Act 1950 ;

(v) Forestry Act 1954 ;

(vi) Huon Valley Pulp and Paper Industry Act 1959 ;

(vii) Wesley Vale Pulp and Paper Industry Act 1961 ;

(viii) Pulpwood Products Industry (Eastern and Central Tasmania) Act 1968 ;

Government department means a department established under section 24 of the Tasmanian State Service Act 1984 ;

private right means an estate, interest or right in or over Crown land, not being an interest arising under a contract for the grant of an estate in fee simple, pursuant to which its holder has the right –

(a) to occupy or use that land for forestry purposes; or

(b) to build or maintain any structures on that land for forestry purposes; or

(c) to carry out any forestry operations on that land; or

(d) to take any forest produce of that land;

responsible officer means –

(a) in relation to a Government department – the Secretary of that department; or

(b) in relation to a State authority – the president, chairman or other principal or presiding member of that authority or the governing body of that authority or, if that authority or body is comprised of a single person, that person;

restriction, in relation to a restriction imposed on the exercise of a statutory power, means a restriction specifying –

(a) a condition subject to which that power may be exercised; or

(b) the circumstances in which that power may or may not be exercised;

State authority has the same meaning as in the Tasmanian State Service Act 1984 ;

statutory power means a power under an enactment –

(a) for the reservation or dedication of Crown land for any purpose; or

(b) for the alienation of, or the grant of a private right in or over, Crown land; or

(c) for the carrying out of any works or other operations on Crown land.

22B.   Corporation may prepare forest management plans

[Section 22B Inserted by No. 95 of 1980, s. 6 ][Section 22B Subsection (3) Inserted by No. 49 of 1985, s. 3 and Sched. 1 ][Section 22B Substituted by No. 42 of 1991, s. 80 ]

(1)  [Section 22B Subsection (1) amended by No. 25 of 1994, s. 44 and Sched. 1 ]The corporation may prepare forest management plans in accordance with this Part for –

(a) any area of State forest; and

(b) the whole or any part of a forest reserve; and

(c) any area of Crown land that, as at the date of the commencement of the Public Land (Administration and Forests) Act 1991 , is subject to a forestry right; and

(d) any part of a conservation area that is –

(i) State forest; or

(ii) as at the date of commencement of the Public Land (Administration and Forests) Act 1991 – subject to a forestry right.

(2)  [Section 22B Subsection (2) amended by No. 25 of 1994, s. 44 and Sched. 1 ]The Minister may direct the corporation to prepare a forest management plan for any land specified in subsection (1) .

22C.   Forest management plans

[Section 22C Inserted by No. 95 of 1980, s. 6 ][Section 22C Subsection (6) amended by No. 29 of 1984, s. 3 and Sched. 1 ][Section 22C Substituted by No. 42 of 1991, s. 80 ]

(1)  A forest management plan –

(a) embodies the forest policy for; and

(b) regulates the use and management of –

the land to which it applies.

(2)  A forest management plan is to –

(a) specify the purposes for which, and the manner in which, the land to which the plan applies is to be developed, used and managed; and

(b) specify the period for which, if not superseded or revoked, it is to remain in force; and

(c) indicate the nature and location of the forest operations to be carried out on the land to which the plan applies while it is in force.

(3)  Subject to this Part, a forest management plan may prohibit or restrict the exercise of a statutory power in respect of the land to which it applies.

(4)  Subsection (3) has effect notwithstanding any other enactment.

(5)  A forest management plan is not to contain a provision that is inconsistent with this Act or the Forest Practices Code .

(6)  A forest management plan may specify that the whole or any part of the land to which it applies is a restricted area to which the public does not have access –

(a) at any time; or

(b) at certain times; or

(c) except for certain purposes; or

(d) except for certain purposes at certain times.

(7)  A State forest is to be managed in accordance with any forest management plan applying to it.

(8)  A forest management plan may –

(a) revoke; or

(b) amend –

an existing forest management plan.

(9)  A forest management plan supersedes any existing forest management plan or existing interim forest management plan for the land to which it applies.

22D.   Duties of corporation in preparing forest management plans

[Section 22D Inserted by No. 95 of 1980, s. 6 ][Section 22D Substituted by No. 42 of 1991, s. 80 ]

(1)  [Section 22D Subsection (1) amended by No. 25 of 1994, s. 44 and Sched. 1 ]The corporation must, before preparing a forest management plan, cause a newspaper notice to be published –

(a) stating its intention to prepare the plan; and

(b) identifying the land to which the plan is to apply; and

(c) advising that any person who wishes to make a submission in respect of the plan must register with the corporation for that purpose; and

(d) advising when and how any such person is to register.

(2)  [Section 22D Subsection (2) amended by No. 25 of 1994, s. 44 and Sched. 1 ]The corporation must, when preparing a forest management plan, seek the views of –

(a) each person who has registered with the corporation under subsection (1) ; and

(b) each person whose forestry rights will, or may, be affected by the plan –

and may consult such –

(c) Government departments and State authorities; and

(d) local government bodies; and

(e) persons within the forest industry; and

(f) other persons –

as the corporation considers it necessary or desirable to consult.

(3)  [Section 22D Subsection (3) amended by No. 25 of 1994, s. 44 and Sched. 1 ]Any Government department or State authority may make a submission to the corporation in response to a notice published under subsection (1) .

(4)  [Section 22D Subsection (4) amended by No. 25 of 1994, s. 44 and Sched. 1 ]If the corporation –

(a) intends to include in a forest management plan a provision that will prohibit, restrict or affect the exercise of a statutory power by a Government department, State authority or a person; or

(b) considers that the exercise of a statutory power by a Government department, State authority or a person may be affected by a provision it intends to include in a forest management plan –

the corporation must give a written notice to the responsible officer of that Government department or State authority, or to that person, requesting that the officer, or that person, provide the corporation with a submission on whether the proposed provision should –

(c) be included in the plan; or

(d) be included in the plan in amended form; or

(e) not be included in the plan.

(5)  A notice under subsection (4) –

(a) may be sent by post or delivered personally; and

(b) is to allow at least 30 days for the officer, or the person, to respond.

(6)  [Section 22D Subsection (6) amended by No. 25 of 1994, s. 44 and Sched. 1 ]The corporation must, when it has prepared a forest management plan, cause a newspaper notice to be published –

(a) stating that the corporation has prepared the plan; and

(b) identifying the land to which the plan applies; and

(c) advising where the plan may be inspected and copies of it obtained; and

(d) advising of any fee that may be payable for obtaining a copy of the plan; and

(e) advising that submissions on the plan may be made to the corporation within such period as is specified in the notice, being a period of not less than 60 days from the day on which the notice is first published.

(7)  [Section 22D Subsection (7) amended by No. 25 of 1994, s. 44 and Sched. 1 ]The corporation may, as a result of any submissions received pursuant to subsection (4) or (6) (e) , amend the plan.

(8)  [Section 22D Subsection (8) amended by No. 25 of 1994, s. 44 and Sched. 1 ]When the corporation has prepared a forest management plan in accordance with this section, the corporation must submit it to the Minister for approval.

(9)  [Section 22D Subsection (9) amended by No. 25 of 1994, s. 44 and Sched. 1 ]When the corporation submits a forest management plan to the Minister for approval, the corporation must provide the Minister with –

(a) details of –

(i) any submissions received pursuant to subsection (6) (e) ; and

(ii) any action taken by the corporation in respect of those submissions; and

(b) details of –

(i) any statutory powers that will, or may, be prohibited, restricted or affected by the plan; and

(ii) any submissions received pursuant to subsection (4) ; and

(iii) any action taken by the corporation in respect of those submissions; and

(c) a certification by the corporation that –

(i) the plan does not adversely affect any forestry rights; or

(ii) each person whose forestry rights are adversely affected by the plan has either consented, or raised no objection, to the plan; or

(iii) if any person whose forestry rights are adversely affected by a provision of the plan has objected to it – it is necessary or reasonable for that provision to be included in the plan and stating the grounds why this is the case; and

(d) a certification by the corporation that the plan has been prepared in accordance with this section; and

(e) a recommendation by the corporation as to whether or not the plan should take effect as an interim forest management plan.

22E.   Interim forest management plans

[Section 22E Inserted by No. 95 of 1980, s. 6 ][Section 22E Substituted by No. 42 of 1991, s. 80 ]

(1)  [Section 22E Subsection (1) amended by No. 25 of 1994, s. 44 and Sched. 1 ]This section applies to a forest management plan that the corporation has recommended should take effect as an interim forest management plan.

(2)  [Section 22E Subsection (2) amended by No. 25 of 1994, s. 44 and Sched. 1 ]The Minister may, within 30 days of receiving a forest management plan from the corporation, direct that the plan is to –

(a) take effect; or

(b) not take effect –

as an interim forest management plan.

(3)  If the Minister –

(a) issues a direction under subsection (2) (a) ; or

(b) does not issue a direction under subsection (2) (b) –

the plan is to come into force as an interim forest management plan in accordance with this section.

(4)  [Section 22E Subsection (4) amended by No. 25 of 1994, s. 44 and Sched. 1 ]For the purposes of subsection (3) , the corporation must cause a newspaper notice to be published –

(a) stating that the corporation has prepared the plan and submitted it to the Minister for approval; and

(b) identifying the land to which the plan applies; and

(c) stating that on such day as is specified in the notice the plan is to –

(i) come into force as an interim forest management plan for the land to which it applies; and

(ii) supersede any existing forest management plan or interim forest management plan for that land; and

(d) giving details of any restriction included in the plan pursuant to section 22C (6) ; and

(e) advising where the plan may be inspected and copies of it obtained; and

(f) advising of any fee that may be payable for obtaining a copy of the plan; and

(g) advising that submissions on the plan may be made to the Minister within such period as is specified in the notice, being a period of not less than 30 days from the day on which the notice is first published.

(5)  An interim forest management plan –

(a) has the same force and effect as a forest management plan; and

(b) supersedes any existing forest management plan or interim forest management plan for the land to which it applies.

(6)  An interim forest management plan comes into force on the day specified in accordance with subsection (4) (c) .

(7)  An interim forest management plan remains in force until –

(a) it is superseded by a forest management plan or a subsequent interim forest management plan; or

(b) it is revoked by the Minister.

22F.   Notification of plans other than interim plans

[Section 22F Inserted by No. 95 of 1980, s. 6 ][Section 22F Substituted by No. 42 of 1991, s. 80 ]

(1)  [Section 22F Subsection (1) substituted by No. 25 of 1994, s. 44 and Sched. 1 ]This section applies to a forest management plan that the corporation has recommended should not take effect as an interim forest management plan.

(2)  [Section 22F Subsection (2) amended by No. 25 of 1994, s. 44 and Sched. 1 ]When the corporation submits a forest management plan to which this section applies to the Minister for approval, the corporation must cause a newspaper notice to be published in the same terms as the notice referred to in subsection (4) of section 22E , with the exception of the statement referred to in paragraph (c) of that subsection.

22G.   Powers and duties of Minister in respect of forest management plans

[Section 22G Inserted by No. 95 of 1980, s. 6 ][Section 22G Substituted by No. 42 of 1991, s. 80 ]

(1)  [Section 22G Subsection (1) amended by No. 25 of 1994, s. 44 and Sched. 1 ]When a forest management plan has been submitted by the corporation to the Minister for approval, the Minister may –

(a) approve it without amendment; or

(b) recommend to the corporation that it make such amendments to, or take such other action in respect of, the plan as the Minister specifies and then resubmit it to the Minister; or

(c) refuse to approve it.

(2)  The Minister must not exercise a power referred to in subsection (1) until the Minister –

(a) has received the documents referred to in section 22D (9) ; and

(b) has considered any submissions received pursuant to section 22E (4) (g) or 22F .

(3)  The Minister must not approve a forest management plan that will prohibit, restrict or affect the exercise of a statutory power by a Government department, State authority or a person until the Minister has consulted, and obtained the agreement of, the responsible officer of that Government department, State authority or that person.

(4)  The Minister must, on approving a forest management plan, cause a notice of the approval to be published in the Gazette.

(5)  A notice under subsection (4) is to –

(a) specify the day on which the plan comes into force; and

(b) give details of any restriction included in the plan pursuant to section 22C (6) .

(6)  If the Minister refuses to approve a forest management plan that is in force as an interim forest management plan, the Minister may direct that it is to cease to have effect as an interim forest management plan and, in any such case, the Minister must cause to be published in the Gazette a notice –

(a) stating that the plan has not been approved; and

(b) declaring that it ceases to be of effect as an interim forest management plan on such day as is specified in the notice.

(7)  The Minister may, by notice published in the Gazette, revoke in whole or in part –

(a) a forest management plan; or

(b) an interim forest management plan.

22H.   Forest management plans for conservation areas

[Section 22H Inserted by No. 42 of 1991, s. 80 ]

(1)  This section applies to forest management plans in respect of land that comprises the whole or any part of a conservation area.

(2)  Except as otherwise provided in this section, a forest management plan to which this section applies is to be prepared and considered, and may be approved, in accordance with the preceding provisions of this Part.

(3)  [Section 22H Subsection (3) amended by No. 25 of 1994, s. 44 and Sched. 1 ]The corporation must, when preparing a forest management plan to which this section applies, give a written notice to the Director –

(a) stating that the plan is being prepared; and

(b) requesting that the Director provide the corporation with a submission on whether the plan should include provisions –

(i) for the protection or preservation of the relevant conservation area; or

(ii) prohibiting, restricting or affecting the exercise of any statutory powers; and

(c) advising that the Director may make any other submission on the plan that the Director considers necessary or desirable.

(4)  A notice under subsection (3) –

(a) may be sent by post or delivered personally; and

(b) is to allow at least 30 days for the Director to respond.

(5)  [Section 22H Subsection (5) amended by No. 25 of 1994, s. 44 and Sched. 1 ]The corporation must conduct such consultations with the Director for the purposes of this section as the corporation considers necessary or desirable.

(6)  [Section 22H Subsection (6) amended by No. 25 of 1994, s. 44 and Sched. 1 ]The corporation may, as a result of any submission received from the Director, amend the forest management plan.

(7)  [Section 22H Subsection (7) amended by No. 25 of 1994, s. 44 and Sched. 1 ]The corporation must, when it has prepared a forest management plan to which this section applies, send a copy of it to –

(a) the Director; and

(b) the Council –

together with a written notice advising that submissions on the plan may be made to the Minister.

(8)  A notice under subsection (7) –

(a) may be sent by post or delivered personally; and

(b) is to allow at least 30 days for submissions to be made.

(9)  [Section 22H Subsection (9) amended by No. 25 of 1994, s. 44 and Sched. 1 ]The Minister must not approve a forest management plan to which this section applies until the Minister –

(a) has consulted the Minister administering the National Parks and Wildlife Act 1970 ; and

(b) has considered any submissions received from the Director or the Council pursuant to subsection (7) ; and

(c) has received from the corporation details of any submissions received by it pursuant to subsection (3) and any action taken by the corporation in respect of those submissions; and

(d) is satisfied that the plan has been prepared in accordance with this section.

22I.   Period during which forest management plans are in force

[Section 22I Inserted by No. 42 of 1991, s. 80 ]

(1)  A forest management plan comes into force on the day specified in the notice referred to in section 22G (5) (a) .

(2)  A forest management plan remains in force for the period specified in it unless –

(a) it is superseded or revoked by –

(i) an interim forest management plan; or

(ii) another forest management plan; or

(b) it is revoked by the Minister.

22J.   Amendment of forest management plans

[Section 22J Inserted by No. 42 of 1991, s. 80 ]

(1)  [Section 22J Subsection (1) amended by No. 25 of 1994, s. 44 and Sched. 1 ]The corporation may, at the request of the Minister or of its own accord, prepare an amendment to a forest management plan in accordance with this section.

(2)  [Section 22J Subsection (2) amended by No. 25 of 1994, s. 44 and Sched. 1 ]The corporation must, when preparing an amendment to a forest management plan, cause a newspaper notice to be published –

(a) identifying the plan; and

(b) advising of the intention to amend the plan; and

(c) giving a brief description of the proposed amendment; and

(d) advising that details of the proposed amendment are contained in a document that may be inspected at the corporation's main office free of charge; and

(e) advising that submissions on the proposed amendment may be made to the corporation within such period as is specified in the notice, being a period of not less than 30 days from the day on which the notice is published; and

(f) giving such other information in respect of the proposed amendment as the corporation considers necessary or desirable.

(3)  [Section 22J Subsection (3) amended by No. 25 of 1994, s. 44 and Sched. 1 ]Any Government department or State authority may make a submission to the corporation in response to a notice published under subsection (2) .

(4)  [Section 22J Subsection (4) amended by No. 25 of 1994, s. 44 and Sched. 1 ]If the corporation –

(a) intends to amend a forest management plan so as to prohibit, restrict or affect the exercise of a statutory power by a Government department, State authority or a person; or

(b) considers that the exercise of a statutory power by a Government department, State authority or a person may be affected by a proposed amendment to a forest management plan –

the corporation must give a written notice to the responsible officer of that Government department or State authority, or to that person, requesting that the officer, or that person, provide the corporation with a submission on the proposed amendment.

(5)  A notice under subsection (4) –

(a) may be sent by post or delivered personally; and

(b) is to allow at least 30 days for the officer, or the person, to respond.

(6)  [Section 22J Subsection (6) amended by No. 25 of 1994, s. 44 and Sched. 1 ]The corporation must –

(a) after considering any submissions received pursuant to subsection (2) (e) or (4) ; and

(b) after taking any action it considers necessary or desirable in respect of those submissions –

submit the proposed amendment to the Minister for approval.

(7)  [Section 22J Subsection (7) amended by No. 25 of 1994, s. 44 and Sched. 1 ]When the corporation submits a proposed amendment to a forest management plan to the Minister for approval, the corporation must provide the Minister with –

(a) details of –

(i) any submissions received pursuant to subsection (2) (e) ; and

(ii) any action taken by the corporation in respect of those submissions; and

(b) details of –

(i) any statutory powers that will, or may, be prohibited, restricted or affected by the proposed amendment; and

(ii) any submissions received pursuant to subsection (4) ; and

(iii) any action taken by the corporation in respect of those submissions; and

(c) a certification by the corporation that –

(i) the proposed amendment does not adversely affect any forestry rights; or

(ii) each person whose forestry rights are adversely affected by the proposed amendment has either consented to, or raised no objection to, the proposed amendment; or

(iii) if any person whose forestry rights are adversely affected by the proposed amendment has objected to it – it is necessary or reasonable for the amendment to be made and stating the grounds why this is the case; and

(d) a certification by the corporation that the proposed amendment has been prepared in accordance with this section.

(8)  [Section 22J Subsection (8) amended by No. 25 of 1994, s. 44 and Sched. 1 ]When the proposed amendment is submitted by the corporation to the Minister for approval the Minister may –

(a) approve it; or

(b) recommend to the corporation that it make such changes to, or take such other action in respect of, the proposed amendment as the Minister specifies and then resubmit it to the Minister; or

(c) refuse to approve it.

(9)  The Minister must not exercise a power referred to in subsection (8) until –

(a) the Minister has received the documents referred to in subsection (7) ; and

(b) the Minister has caused a newspaper notice to be published –

(i) stating that the Minister has received the proposed amendment; and

(ii) specifying where details of the proposed amendment may be inspected; and

(iii) advising that further submissions in respect of the proposed amendment may be made to the Minister within such period as is specified in the notice, being a period of not less than 30 days from the day on which the notice is published; and

(c) the period specified in the notice referred to in paragraph (b) (iii) has elapsed; and

(d) the Minister has considered any submissions received pursuant to paragraph (b) (iii) .

(10)  The Minister must not approve an amendment to a forest management plan that will prohibit, restrict or affect the exercise of a statutory power by a Government department, State authority or a person until the Minister has consulted, and obtained the agreement of, the responsible officer of that Government department or State authority or that person.

(11)  The Minister must not approve an amendment to a forest management plan to which section 22H applies (forest management plans for conservation areas) unless the Minister has consulted the Minister administering the National Parks and Wildlife Act 1970 .

(12)  The Minister must, on approving an amendment to a forest management plan, cause a notice of the approval to be published in the Gazette.

(13)  A notice under subsection (12) is to –

(a) specify the day on which the proposed amendment comes into force; and

(b) give details of any restriction included in the amendment pursuant to section 22C (6) .

(14)  An amendment to a forest management plan comes into force on the day specified in accordance with subsection (13) (a) .

22K.   Forest management plans to be available for public inspection

[Section 22K Inserted by No. 42 of 1991, s. 80 ]

(1)  [Section 22K Subsection (1) amended by No. 25 of 1994, s. 44 and Sched. 1 ]The corporation must, at all reasonable times, make each –

(a) draft of a proposed forest management plan; and

(b) interim forest management plan; and

(c) forest management plan –

available for public inspection at its main office and must, upon request, provide a copy of that plan to any person.

(2)  [Section 22K Subsection (2) amended by No. 25 of 1994, s. 44 and Sched. 1 ]The corporation may charge a fee for providing a copy of a plan under subsection (1) , but such fee is not to exceed the reasonable cost of providing the copy.

PART IV - [Part IV Heading substituted by No. 75 of 1975, s. 14 ] Disposal of Forest Produce: permits, licences, contracts of sale, and leases

23.   Powers of corporation, &c.

[Section 23 Substituted by No. 75 of 1975, s. 15 ][Section 23 Subsection (1) amended by No. 25 of 1994, s. 15 ]

(1)  [Section 23 Subsection (1) amended by No. 42 of 1991, s. 81 ]The powers that are vested in the corporation or any other person under this Part to dispose of forest produce or to grant permits or issue licences or to enter into contracts of sale for any purpose under this Act shall not be exercised in respect of Crown land other than State forest without the concurrence of the Director-General of Lands.

(2)  [Section 23 Subsection (2) added by No. 25 of 1994, s. 15 ]The powers that are vested in the corporation under this Part are in addition to, and do not limit, its other powers in relation to the management of forests.

23A.   Bonds, &c.

[Section 23A Inserted by No. 42 of 1991, s. 82 ][Section 23A Amended by No. 25 of 1994, s. 44 and Sched. 1 ]The corporation may, as a condition of granting any lease, licence or permit under this Part, require –

(a) the provision of a bond; or

(b) the giving of such other security or guarantee of performance as the corporation determines.

24.   Grant of forest permit

[Section 24 Subsection (1) amended by 10 Geo. VI No. 42, s. 7 ][Section 24 Subsection (1) amended by No. 75 of 1975, s. 16 ][Section 24 Subsection (1) amended by No. 42 of 1991, s. 83 ][Section 24 Subsection (1) amended by No. 25 of 1994, s. 16 ]

(1)  [Section 24 Subsection (1) amended by 25 Geo. V No. 78 ]The corporation may grant forest permits in respect of any land within State forest or Crown land other than State forest for the purpose of obtaining therefrom forest produce in accordance with this Act.

(2)  [Section 24 Subsection (2) added by No. 75 of 1975, s. 16 ]Forest permits granted under this section may be of such classes as are prescribed.

25.   Effect of permit

[Section 25 Amended by No. 75 of 1975, s. 17 ]Without prejudice to the generality of section 24 , a forest permit or a forest permit of a prescribed class may confer on the holder exclusive rights over the land therein defined for all purposes connected with the obtaining, conversion, and removal of such forest produce as is specified therein.

26.   Term of permit

[Section 26 Amended by 10 Geo. VI No. 42, s. 13 and Sched. 1 ]

(1)  A forest permit may be granted for any period not exceeding 15 years.

(2)  [Section 26 Subsection (2) added by 3 & 4 Geo. VI No. 47, s. 2 ][Section 26 Subsection (2) amended by No. 25 of 1994, s. 44 and Sched. 1 ]A forest permit may be renewed by the corporation as prescribed, so long as the aggregate period during which the same is in force does not exceed 15 years.

27.   Permit may be granted subject to conditions

[Section 27 Amended by 10 Geo. VI No. 42, s. 8 ]

(1)  [Section 27 Subsection (1) substituted by No. 75 of 1975, s. 18 ][Section 27 Subsection (1) amended by No. 25 of 1994, s. 44 and Sched. 1 ]A forest permit may be granted subject to such conditions as the corporation may determine.

(1AA)  [Section 27 Subsection (1AA) inserted by No. 49 of 1985, s. 3 and Sched. 1 ]Notwithstanding subsection (1) , a forest permit granted after the relevant day shall not contain a provision that is inconsistent with the Forest Practices Code .

(1A)  [Section 27 Subsection (1A) inserted by No. 75 of 1975, s. 18 ]The regulations may prescribe the conditions subject to which a forest permit of any specified kind or class may be granted and, without prejudice to subsection (1) , a forest permit of that kind or class shall not be granted otherwise than subject to the conditions so prescribed.

(2)  [Section 27 Subsection (2) added by 2 Geo. VI No. 12, s. 2 ][Section 27 Subsection (2) amended by No. 75 of 1975, s. 18 ]Without prejudice to the generality of subsection (1A) , the regulations may provide that the holder of a forest permit shall be responsible for ensuring the payment to all persons employed in the exercise of any of the powers and authorities granted by such permit of not less than the wages or remuneration determined by the relevant wage-fixing authority in respect of employment in the class of workers in which such persons respectively are engaged; and for the cancellation of such permit for the breach of any such regulation.

(2A)  [Section 27 Subsection (2A) inserted by No. 49 of 1985, s. 3 and Sched. 1 ]Notwithstanding subsections (1A) and (2) , any regulations made for the purposes of those subsections after the relevant day shall not prescribe a condition that is inconsistent with the Forest Practices Code .

28.   Grant of occupation permit

[Section 28 Amended by 25 Geo. V No. 78 ][Section 28 Amended by 10 Geo. VI No. 42, s. 13 and Sched. 1 ]

(1)  [Section 28 Subsection (1) substituted by No. 42 of 1991, s. 84 ][Section 28 Subsection (1) amended by No. 25 of 1994, s. 17 ]The corporation may grant occupation permits –

(a) in the case of State forest – for any purpose; and

(b) in the case of Crown land other than State forest – for any purpose related to the forest industry –

upon such terms and conditions as the corporation determines.

(1A)  [Section 28 Subsection (1A) inserted by No. 49 of 1985, s. 3 and Sched. 1 ]An occupation permit granted after the relevant day shall not contain a provision that is inconsistent with the Forest Practices Code .

(2)  [Section 28 Subsection (2) substituted by No. 75 of 1975, s. 19 ][Section 28 Subsection (2) substituted by No. 42 of 1991, s. 84 ]An occupation permit is not to be granted for a period exceeding 5 years unless it is granted for a purpose related to the forest industry in which case it may be granted for a period not exceeding 20 years.

(3)  [Section 28 Subsection (3) substituted by No. 75 of 1975, s. 19 ][Section 28 Subsection (3) amended by No. 42 of 1991, s. 84 ][Section 28 Subsection (3) amended by No. 25 of 1994, s. 17 ]The corporation may renew an occupation permit so long as the aggregate period during which the permit is in force does not exceed 20 years.

28A.   Apiary permits

[Section 28A Inserted by No. 75 of 1975, s. 20 ]

(1)  [Section 28A Subsection (1) amended by No. 25 of 1994, s. 44 and Sched. 1 ]The corporation or a forest officer who is authorized, either generally or specially in that behalf by the corporation, may grant an apiary permit to a person authorizing him to keep bee hives on land within a State forest.

(2)  An apiary permit may be granted for a period not exceeding one year.

29.   Sale by auction of forest permits

[Section 29 Amended by 25 Geo. V No. 78 ][Section 29 Amended by 10 Geo. VI No. 42, s. 13 and Sched. 1 ]

(1)  Every forest permit shall be granted subject to the payment by the holder thereof of royalties for all forest produce taken.

(2)  [Section 29 Subsection (2) substituted by No. 75 of 1975, s. 21 ]The right to be granted a forest permit may be submitted to public auction or tender as may be prescribed.

(2A)  [Section 29 Subsection (2A) inserted by No. 75 of 1975, s. 21 ][Section 29 Subsection (2A) amended by No. 25 of 1994, s. 44 and Sched. 1 ]Notwithstanding subsection (2) , no right shall be submitted to public auction or tender under that subsection unless the land in respect of which the relevant forest permit is to be granted has been inspected and reported on by a forest officer, and the value of the forest produce on that land has been assessed by the officer and an upset price placed on that forest produce by the corporation.

(3)  [Section 29 Subsection (3) amended by No. 25 of 1994, s. 44 and Sched. 1 ]Royalty may be fixed or assessed on timber standing or in the log. The contents of timber cut or to be cut, and the quantities of other forest products shall be measured and calculated in such manner as the corporation may determine.

30.   Issue of licences

[Section 30 Substituted by No. 75 of 1975, s. 22 ]

(1)  [Section 30 Subsection (1) amended by No. 25 of 1994, s. 44 and Sched. 1 ]Subject to this section, the following classes of licences may be issued by the corporation or by forest officers authorized either generally or specially in that behalf by the corporation:

(a) Forest produce licences;

(b) Agistment licences; and

(c) Any other class of licence that may be prescribed.

(2)  [Section 30 Subsection (2) amended by No. 25 of 1994, s. 44 and Sched. 1 ]A forest officer who is authorized to issue any licence or licences of a class referred to in subsection (1) shall comply with such limitations (if any) as are imposed by the corporation, and with the restrictions prescribed by section 30A , in respect of the issue by him of that licence or those licences.

30A.   Forest produce licences

[Section 30A Inserted by No. 75 of 1975, s. 22 ]

(1)  [Section 30A Subsection (1) amended by No. 25 of 1994, s. 18 ]A forest produce licence may be issued for a term not exceeding 12 months.

(2)  [Section 30A Subsection (2) amended by No. 42 of 1991, s. 85 ]A forest produce licence authorizes the licensee and his employees (if any) to cut and take, during the period of the currency of the licence, the forest produce specified in the licence on the area of State forest or Crown land other than State forest that is defined in the licence and to remove that produce from that land as provided in section 31 .

(3)  [Section 30A Subsection (3) amended by No. 25 of 1994, s. 18 ]A forest produce licence may be issued –

(a) subject to such conditions as the corporation may determine; and

(b) subject to the payment of –

(i) such fees as may be prescribed; and

(ii) such royalties on the forest produce cut or taken under the licence as, having regard to such minimum rates of royalty as are prescribed, are specified in the licence.

(3A)  [Section 30A Subsection (3A) inserted by No. 49 of 1985, s. 3 and Sched. 1 ]Notwithstanding subsection (3) (a) , a forest produce licence issued after the relevant day shall not contain a provision that is inconsistent with the Forest Practices Code .

(4)  The provisions of section 29 (3) apply to the fixing or assessment of the royalties payable under a forest produce licence as they apply to the fixing or assessment of the royalties payable under a forest permit.

(5)  Except in the case of a forest produce licence to which subsection (10) applies, the regulations may prescribe the conditions subject to which a forest produce licence of any specified kind or class may be granted and, without prejudice to subsection (3) (a) , a forest produce licence of that kind or class shall not be granted otherwise than subject to the conditions so prescribed.

(5A)  [Section 30A Subsection (5A) inserted by No. 49 of 1985, s. 3 and Sched. 1 ]Notwithstanding subsection (5) , any regulations made for the purposes of that subsection after the relevant day shall not prescribe a condition that is inconsistent with the Forest Practices Code .

(6)  [Section 30A Subsection (6) amended by No. 25 of 1994, s. 18 ]The corporation may, before the issue of a forest produce licence relating to any forest produce, submit the produce for sale by public auction or tender.

(7)  Where a sale of forest produce is made by a method referred to in subsection (6) , a forest produce licence shall be issued to the person to whom the produce is sold, and the purchase price paid by him shall be deemed to be the royalties that, apart from this subsection, would be payable by him pursuant to subsection (3) (b) .

(8)  [Section 30A Subsection (8) amended by No. 25 of 1994, s. 18 ]The corporation may, in any particular case, limit the number of forest produce licences that may be issued in respect of the same area.

(9)  No forest produce licence shall be issued in respect of any land held under an existing forest permit without the consent of the holder of the permit.

(10)  [Section 30A Subsection (10) amended by No. 25 of 1994, s. 18 ]Notwithstanding subsection (9) , where the corporation is of the opinion –

(a) that it is advisable to permit the cutting and taking of a particular species of timber or class of forest produce on land held under an existing forest permit; and

(b) that the cutting, taking, and removal of that species of timber or class of forest produce are not likely to prejudice the interests of the holder of the permit –

it may, in its absolute discretion, authorize the issue of a forest produce licence or forest produce licences authorizing the cutting and taking of that species of timber or class of forest produce on that land, and its removal from that land, to such person or persons as the corporation may determine.

(11)  [Section 30A Subsection (11) amended by No. 25 of 1994, s. 18 ]Where the corporation authorizes the issue of a forest produce licence or forest produce licences under subsection (10) , the licence or licences shall be issued by the corporation or by a forest officer to whom section 30 (1) applies.

30B.   Agistment licences

[Section 30B Inserted by No. 75 of 1975, s. 22 ]

(1)  [Section 30B Subsection (1) amended by No. 42 of 1991, s. 86 ]An agistment licence authorizes the licensee to agist stock on such land within State forest as is specified in the licence.

(1A)  [Section 30B Subsection (1A) inserted by No. 49 of 1985, s. 3 and Sched. 1 ]An agistment licence issued after the relevant day shall not contain a provision that is inconsistent with the Forest Practices Code .

(2)  [Section 30B Subsection (2) amended by No. 42 of 1991, s. 86 ]An agistment licence may be issued for a term not exceeding 5 years.

31.   Forest produce to be removed during currency of permit or licence

[Section 31 Amended by 10 Geo. VI No. 42, s. 13 and Sched. 1 ]

(1)  [Section 31 Subsection (1) amended by No. 42 of 1991, s. 87 ][Section 31 Subsection (1) amended by No. 25 of 1994, s. 19 ]All forest produce obtained under the authority of a permit or licence shall be removed from the land to which the permit or licence relates during the currency of the permit or licence, unless the time for removal is extended by the corporation on such conditions, if any, as it may deem fit to impose.

(2)  [Section 31 Subsection (2) amended by No. 42 of 1991, s. 87 ][Section 31 Subsection (2) amended by No. 25 of 1994, s. 19 ]Any forest produce not so removed shall be forfeited to the corporation.

32.   Forfeiture of permit or licence

[Section 32 Amended by 25 Geo. V No. 78 ][Section 32 Amended by 10 Geo. VI No. 42, s. 13 and Sched. 1 ]

(1)  [Section 32 Subsection (1) amended by No. 25 of 1994, s. 44 and Sched. 1 ]Every permit and licence shall be liable to forfeiture by the corporation for default in payment of the royalty or fees payable thereunder, or on breach or non-observance by the holder of any of the provisions of this Act, or of the conditions expressed in such permit or licence.

(2)  [Section 32 Subsection (2) amended by No. 75 of 1975, s. 23 ][Section 32 Subsection (2) amended by No. 25 of 1994, s. 44 and Sched. 1 ]The corporation may, in the case of a permit or licence, suspend, on such conditions and for such periods as may be prescribed, the obligations of the holder of such permit or licence to perform any condition expressed therein or imposed by this Act, except the obligation for payment of royalty or fees.

33.   Application for forfeiture of permit

[Section 33 Amended by 25 Geo. V No. 78 ][Section 33 Amended by 10 Geo. VI No. 42, s. 13 and Sched. 1 ][Section 33 Subsection (1) amended by No. 25 of 1994, s. 44 and Sched. 1 ]

(1)  [Section 33 Subsection (1) amended by No. 75 of 1975, s. 24 ]If the holder of any permit fails to comply with any of the conditions of such permit or the provisions of this Act with respect thereto, it shall be lawful for any person to apply in the prescribed manner and subject to any conditions which may be prescribed to a magistrate for forfeiture of such permit, and the magistrate shall have power to inquire whether any of such conditions or provisions have not been complied with, and may recommend to the corporation that the permit be forfeited.

(2)  [Section 33 Subsection (2) amended by No. 25 of 1994, s. 44 and Sched. 1 ]Nothing in this section shall interfere with or restrict the right of the corporation to enforce, of its own motion, any forfeiture of a permit under section 32 .

33A.   Contracts of sale

[Section 33A Inserted by No. 75 of 1975, s. 25 ]

(1)  [Section 33A Subsection (1) substituted by No. 42 of 1991, s. 88 ][Section 33A Subsection (1) amended by No. 25 of 1994, s. 20 ]The corporation may –

(a) enter into a contract to sell forest produce from any Crown land, including Crown land that is dedicated as State forest; and

(b) enter into a contract to sell forest produce from any land owned by the corporation.

(2)  The right to enter into a contract of sale as a purchaser may be submitted to public auction or tender as may be prescribed, and where such a submission is made, the provisions of subsection (2A) of section 29 apply, with the necessary modifications, to the submission as if it were a submission of a right to which that subsection applies.

(3)  [Section 33A Subsection (3) substituted by No. 42 of 1991, s. 88 ][Section 33A Subsection (3) amended by No. 25 of 1994, s. 20 ]The corporation must not, without the approval of the Minister, enter into a contract of sale under subsection (1) for a term exceeding 15 years.

(4)  [Section 33A Subsection (4) substituted by No. 42 of 1991, s. 88 ][Section 33A Subsection (4) amended by No. 25 of 1994, s. 20 ]The corporation may extend the term of a contract of sale to which this section applies, but it must not do so without the approval of the Minister if the aggregate term of the contract will then exceed 15 years.

(5)  A contract of sale shall provide for the payment by the purchaser of the royalties specified in the contract for all forest produce sold to him under the contract.

(6)  The provisions of section 29 (3) apply to the fixing or assessment of the royalties payable under a contract of sale as they apply to the fixing or assessment of the royalties payable under a forest permit.

(7)  [Section 33A Subsection (7) amended by No. 25 of 1994, s. 20 ]A contract of sale may be subject to such terms and conditions as are specified in the contract, being terms and conditions determined by the corporation.

(7A)  [Section 33A Subsection (7A) inserted by No. 49 of 1985, s. 3 and Sched. 1 ]Notwithstanding subsection (7) , a contract of sale entered into after the relevant day shall not contain a provision that is inconsistent with the Forest Practices Code .

(8)  The regulations may prescribe the terms and conditions to which a contract of sale may be subject and, without prejudice to subsection (7) , a contract of sale shall not be entered into otherwise than subject to the terms and conditions so prescribed.

(8A)  [Section 33A Subsection (8A) inserted by No. 49 of 1985, s. 3 and Sched. 1 ]Notwithstanding subsection (8) , any regulations made for the purposes of that subsection after the relevant day shall not prescribe a term or condition that is inconsistent with the Forest Practices Code .

(9)  [Section 33A Subsection (9) amended by No. 25 of 1994, s. 20 ]Without prejudice to the generality of subsections (7) and (8) –

(a) the terms and conditions to which a contract of sale is subject may include terms and conditions relating to –

(i) the obtaining, cutting, and conversion of the forest produce sold under the contract;

(ii) the marking of that forest produce, its removal from the land from which it has been obtained, and the protection and preservation of timber and other growth on that land that are not sold under the contract;

(iii) the cancellation of the contract by the corporation for default by the purchaser in payment of the royalties or fees payable thereunder or on such other grounds as are specified in the contract or the regulations; and

(iv) the suspension of any of those terms and conditions or any obligations imposed on the purchaser by this Act, except the obligation to pay royalties or fees; and

(b) the regulations may impose on the purchaser under a contract of sale similar responsibilities as may be imposed on the holder of a forest permit by the regulations made pursuant to section 27 (2) .

(10)  [Section 33A Subsection (10) added by No. 28 of 1989, s. 4 ][Section 33A Subsection (10) amended by No. 25 of 1994, s. 20 ]Nothing in this section shall be taken to interfere with or restrict the right of the corporation to enter into, and comply with the terms of, a joint venture arrangement in accordance with section 33C .

33AB.   Wood supply agreements to contain certain conditions

[Section 33AB Inserted by No. 42 of 1991, s. 89 ]

(1)  [Section 33AB Subsection (1) amended by No. 25 of 1994, s. 44 and Sched. 1 ]A wood supply agreement entered into by the corporation must contain a condition that any contract entered into between –

(a) the person seeking to enter into the agreement with the corporation and any transport and harvesting contractors; and

(b) any transport and harvesting contractors in connection with the agreement –

is on fair terms.

(2)  Without prejudice to the generality of subsection (1) , a contract is not to be taken to have been entered into on fair terms unless –

(a) the parties to the contract have had the right to representation of their choice in negotiations; and

(b) the contract contains, subject to the parties agreeing in writing to the contrary, conditions providing –

(i) for the speedy resolution of disputes, and further providing that once a dispute is notified and not resolved by agreed alternative dispute resolution processes, at the election of any party to the dispute it is to be referred to arbitration, whether in accordance with the Commercial Arbitration Act 1986 or otherwise; and

(ii) for the assignment of contractual rights subject to the suitability of the proposed assignee to the party not seeking to assign, which party is not to unreasonably refuse to consent to such assignment; and

(iii) for the determination and review of rates of payment to contractors by agreed means; and

(iv) for the period of the contract and the minimum level of activity to be related to the economic life and capacity of equipment purchased for the purposes of the contract, with provision for review if a party to the contract invests in new equipment for the purposes of the contract; and

(v) for the circumstances to apply in the event of default by either party.

33AC.   Obligation of corporation regarding wood supply agreements in respect of Crown hardwood

[Section 33AC Inserted by No. 42 of 1991, s. 89 ][Section 33AC Amended by No. 25 of 1994, s. 44 and Sched. 1 ]The corporation must not enter into a wood supply agreement to supply a person with Crown wood that is hardwood unless that agreement contains a condition requiring that person to establish, in each year or part thereof during the term of the agreement, such area of hardwood plantation on such land as is nominated by the corporation and specified in the agreement.

33B.   Royalties not payable in certain cases

[Section 33B Inserted by No. 75 of 1975, s. 25 ]No royalty is payable for any sand, gravel, clay, loam, or stone taken by the holder of a forest permit or by a licensee under a forest produce licence or a purchaser under a contract of sale that is used by the holder, licensee, or purchaser for the purposes of work carried on by him on Crown land in connection with the taking or obtaining by him of other forest produce pursuant to the permit, licence, or contract.

33C.   Joint ventures

[Section 33C Inserted by No. 28 of 1989, s. 5 ][Section 33C Subsection (1) amended by No. 25 of 1994, s. 44 and Sched. 1 ]

(1)  [Section 33C Subsection (1) amended by No. 42 of 1991, s. 90 ]The corporation may, by agreement in writing, enter into an arrangement with another person, or other persons, for and in relation to the carrying out on any land within State forest, or within Crown land other than State forest, of a joint venture for the exploitation of that land as a source of forest produce.

(2)  An arrangement under subsection (1) shall continue for such term as is specified in the agreement, and may be extended for such further period or periods as may be agreed upon between the parties to the arrangement.

(3)  [Section 33C Subsection (3) amended by No. 25 of 1994, s. 44 and Sched. 1 ]Without limiting the generality of subsection (1) , an agreement under that subsection may –

(a) make provision for the carrying out by the several parties to the arrangement of specified operations, including, in particular –

(i) the planting, tending, and harvesting of trees;

(ii) the construction and maintenance of fences, roads, bridges, and other facilities;

(iii) the payments (if any) to be made by the several parties to the arrangement to other such parties;

(iv) the apportioning among those parties of the expenses and proceeds (if any) of the joint venture and of any royalties, or the liability to pay any royalties, relating to forest produce resulting from the undertaking of the joint venture; and

(v) the disposal of that forest produce; and

(b) include terms and conditions relating to –

(i) the obtaining, cutting, and conversion of the forest produce resulting from the undertaking of the joint venture;

(ii) the marking of that forest produce, its removal from the land from which it has been obtained, and the protection and preservation of timber and other growth on that land;

(iii) the cancellation of the arrangement by the corporation for default by any other party to the arrangement in the performance of its obligations under the agreement or on such other grounds as are specified in the agreement or the regulations; and

(iv) the suspension of any of the terms and conditions or any obligations of the agreement.

34.   Grant of forest leases

[Section 34 Amended by 5 Geo. VI No. 58, s. 2 ][Section 34 Amended by 10 Geo. VI No. 42, s. 13 and Sched. 1 ][Section 34 Amended by No. 36 of 1958, s. 4 and Sched. 3 ]

(1)  [Section 34 Subsection (1) amended by No. 75 of 1975, s. 26 ][Section 34 Subsection (1) substituted by No. 42 of 1991, s. 91 ][Section 34 Subsection (1) amended by No. 25 of 1994, s. 21 ]Subject to this section, the corporation may grant leases of land in State forest for any purpose that is not opposed to the interests of forestry.

(1AA)  [Section 34 Subsection (1AA) inserted by No. 49 of 1985, s. 3 and Sched. 1 ]A forest lease granted after the relevant day shall not contain a provision that is inconsistent with the Forest Practices Code .

(1A)  [Section 34 Subsection (1A) inserted by No. 75 of 1975, s. 26 ][Section 34 Subsection (1A) substituted by No. 42 of 1991, s. 91 ]A forest lease is to be granted for a term not exceeding –

(a) in the case of a lease granted for forestry purposes – 99 years; or

(b) in any other case – 20 years.

(1B)  [Section 34 Subsection (1B) inserted by No. 42 of 1991, s. 91 ]The corporation may extend the term of a forest lease but it must not do so if –

(a) in the case of a lease granted for forestry purposes – the aggregate term of the lease will then exceed 99 years; or

(b) in any other case – the aggregate term of the lease will then exceed 20 years.

(2)  [Section 34 Subsection (2) omitted by No. 25 of 1994, s. 21 ].  .  .  .  .  .  .  .  

(3)  [Section 34 Subsection (3) substituted by No. 75 of 1975, s. 26 ][Section 34 Subsection (3) amended by No. 25 of 1994, s. 21 ]Where the corporation has reason to believe that the lessee under a forest lease has committed a breach of a condition to which the lease is subject, the corporation may give to the lessee a notice in writing requiring him, within the time specified in the notice, to satisfy the corporation that all the conditions of the lease have been complied with, and in default of the corporation being so satisfied by the lessee, the corporation may cancel the lease.

(4)  [Section 34 Subsection (4) added by No. 75 of 1975, s. 26 ][Section 34 Subsection (4) amended by No. 25 of 1994, s. 21 ]The corporation shall cause notice of the cancellation of a forest lease under subsection (3) to be published in the Gazette and on the publication of the notice the lessee's interest in the lease ceases and determines without any re-entry or other formal proceeding by the corporation or any person on its behalf.

34A.   Forest leases of land subject to mining rights

[Section 34A Inserted by No. 75 of 1975, s. 27 ]

(1)  [Section 34A Subsection (1) amended by No. 25 of 1994, s. 44 and Sched. 1 ]Before granting a forest lease under section 34 in respect of any land within a State forest that is subject to a mining right, the corporation shall cause to be served such notice as may be prescribed on the person in whom the right is vested and shall consider any representations made to the corporation by that person within one month after the service of the notice with respect to the proposal to grant the forest lease.

(2)  [Section 34A Subsection (2) amended by No. 25 of 1994, s. 44 and Sched. 1 ]If the corporation considers it necessary to do so in order to facilitate, or prevent interference with, mining operations on any land within a State forest that is subject to a forest lease, the corporation may cause a written notice to be served on the lessee directing him not to institute, or to discontinue, any such practice as is specified in the notice.

(3)  Any directions given to a lessee under subsection (2) , so long as they remain in force, have effect, for the purposes of subsections (3) and (4) of section 34 , as if they were conditions contained in the relevant forest lease.

(4)  [Section 34A Subsection (4) amended by No. 25 of 1994, s. 44 and Sched. 1 ]Where the corporation is satisfied that a lessee has not complied with a direction given to him under subsection (2) , the corporation may cancel his forest lease.

(5)  Except as otherwise expressly provided in this Act, or by the regulations for the purposes of section 21 , nothing in a forest lease derogates from any mining right or entitles the lessee to interfere with, or obstruct, the exercise of any mining right, or to interfere with any work constructed or other thing done in the exercise of any mining right.

34B.   Termination of forest leases in consequence of mining operations

[Section 34B Inserted by No. 75 of 1975, s. 27 ]

(1)  [Section 34B Subsection (1) amended by No. 25 of 1994, s. 44 and Sched. 1 ]Where the corporation is satisfied that, by reason of any mining operations being carried out under the Mining Act 1929 in, on, or under any land within a State forest that is subject to a forest lease, that land cannot reasonably be used for the purposes for which it is authorized to be used under the lease, the corporation shall, on the written application of the lessee, cancel the lease so far as it relates to that land.

(2)  [Section 34B Subsection (2) amended by No. 25 of 1994, s. 44 and Sched. 1 ]Where the corporation cancels a forest lease in relation to any land under subsection (1) , the corporation shall determine the rent that is payable under the lease after the cancellation, and in so doing shall make due allowance for the diminution (if any) in the relative value of the land by reason of the reduction in the total area to be held by the lessee, and the rent so determined is payable as provided by the lease.

34C.   Special provisions as to compensation for damage to improvements to land subject to forest lease by holder of mining tenement

[Section 34C Inserted by No. 75 of 1975, s. 27 ]

(1)  Subject to this section, where, in the exercise of the rights under the Mining Act 1929 of the holder of a mining tenement, damage is occasioned to an improvement in or on land within a State forest that is subject to a forest lease, the lessee may recover from the holder of the mining tenement compensation for the damage so occasioned, unless –

(a) at the time when the improvement was erected or constructed; and

(b) during the whole period from the time of its erection or construction to the occurrence of the act or operation by reason of which the damage was caused –

the land in or on which the improvement is situated formed part of a mining tenement or was subject to section 52 or section 82A of that Act .

(2)  Subject to this section, where a forest lease is cancelled under section 34B so far as it relates to any land by reason of the exercise of the rights under the Mining Act 1929 of the holder of a mining tenement, the lessee may recover from the holder of the mining tenement compensation for any improvement belonging to the lessee in or on the land in relation to which the lease is cancelled, unless –

(a) at the time when the improvement was erected or constructed; and

(b) during the whole period from the time of its erection or construction to the cancellation of the lease –

the land in or on which it is situated formed part of a mining tenement or was subject to section 52 or section 82A of that Act .

(3)  Without prejudice to the rights conferred by subsection (1) or subsection (2) –

(a) where the holder of a claim under a miner's right is, by virtue of that holding, liable to pay compensation under this section, the compensation may be recovered from the holder of any lease under the Mining Act 1929 over any land contained within the claim granted on an application made by the holder of the claim; and

(b) where the holder of such a lease is liable, by virtue of that holding, to pay compensation under this section, the compensation may be recovered from the holder of any consolidated lease granted on the surrender of that lease.

(4)  Where a lease under the Mining Act 1929 has been declared forfeited by a warden's court, the land to which the lease relates shall, for the purposes of this section, be deemed to be comprised within a mining tenement during the period within which the preferential right referred to in section 60 of that Act is, or may become, exercisable in relation to that land.

(5)  Where, consequent upon the forfeiture of a lease under the Mining Act 1929 , possession of the land to which the lease relates has been taken under section 61 of that Act by the applicant for the forfeiture –

(a) the land shall, during the continuance of that possession, be deemed, for the purposes of this section, to be comprised within a mining tenement held by that person;

(b) any rights conferred on him by subsection (4) of that section in relation to that land shall, for the purposes of this section, be deemed to be conferred on him as the holder of that tenement; and

(c) any compensation which may be recovered from him under this section consequent upon the exercise of those rights may also be recovered from the holder of the lease granted under section 61 of that Act consequent upon the forfeiture.

(6)  The right to recover compensation from any person under this section is enforceable against that person notwithstanding that he has ceased to hold the mining tenement or lease under the Mining Act 1929 by virtue of which he is liable to pay the compensation, but nothing in this subsection affects any agreement between any of the persons from whom the compensation may be recovered as to their liability, as between themselves, to meet the cost of the compensation.

(7)  A claim for compensation under subsection (1) or subsection (2) shall be determined by a warden's court in accordance with the provisions of Part XI of the Mining Act 1929 as if it were a claim for compensation under section 122A of that Act .

(8)  The following provisions apply in relation to a claim for compensation under subsection (1) with respect to any improvement in or on any land:

(a) No compensation shall be awarded if the forest lease so far as it relates to that land has been cancelled under section 34B ;

(b) No claim for the compensation may be made while an application under section 34B is pending for the cancellation of the forest lease so far as it relates to that land; and

(c) The warden's court may refuse to determine the compensation until an application has been made, and determined under section 34B , for the cancellation of the forest lease so far as it relates to that land or such part of it as the court may determine.

(9)  In determining any claim for compensation under subsection (2) for any improvement, regard shall be had to any compensation previously awarded under subsection (1) in respect of that improvement.

34D.   Ownership of improvements

[Section 34D Inserted by No. 25 of 1994, s. 22 ]

(1)  In this section, prescribed instrument means a permit, licence, forest lease, contract of sale or wood supply agreement.

(2)  Except where otherwise agreed, in writing, by the parties to any prescribed instrument, any improvements on the land to which that prescribed instrument relates vest in the corporation on the prescribed instrument ceasing to have effect.

(3)  For the purposes of subsection (2) , a prescribed instrument does not cease to have effect if –

(a) it is renewed; or

(b) the parties enter into a prescribed instrument of the same kind in respect of substantially the same land.

(4)  No compensation is payable in respect of the vesting of an improvement in the corporation under subsection (2) .

35.   Transfer of permit or lease

[Section 35 Amended by 25 Geo. V No. 78 ][Section 35 Amended by 10 Geo. VI No. 42, s. 13 and Sched. 1 ]

(1)  [Section 35 Subsection (1) amended by No. 25 of 1994, s. 44 and Sched. 1 ]No permit or lease or licence granted under this Act shall be transferable, except with the consent in writing of the corporation.

(2)  [Section 35 Subsection (2) amended by No. 25 of 1994, s. 44 and Sched. 1 ]It shall be lawful for the corporation to accept a surrender of any permit or lease issued or granted under this Act on such terms and conditions as the corporation may determine.

(3)  [Section 35 Subsection (3) omitted by 25 Geo. V No. 78 ].  .  .  .  .  .  .  .  

35A.   Easements over Crown land in State forest

[Section 35A Inserted by No. 42 of 1991, s. 92 ]

(1)  [Section 35A Subsection (1) amended by No. 25 of 1994, s. 23 ]The corporation may, on behalf of the Crown, grant easements over Crown land in State forest for such purposes and upon such terms and conditions as the corporation determines.

(2)  An easement granted under subsection (1) is registrable under the Land Titles Act 1980 .

36.   Sawmills to be registered

(1)  [Section 36 Subsection (1) amended by 10 Geo. VI No. 42, s. 13 and Sched. 1 ][Section 36 Subsection (1) amended by No. 25 of 1994, s. 44 and Sched. 1 ]All mills for the sawing or treatment of timber, other than mills used exclusively for cutting firewood, shall be registered in the office of the corporation.

(2)  [Section 36 Subsection (2) substituted by No. 42 of 1991, s. 93 ]A person must not operate a mill to saw or treat timber, other than firewood, unless the mill is registered as required by subsection (1) .

Penalty:  Fine not exceeding 20 penalty units.

(3)  [Section 36 Subsection (3) inserted by 10 Geo. VI No. 42, s. 9 ][Section 36 Subsection (3) amended by No. 55 of 1965, s. 5 ][Section 36 Subsection (3) amended by No. 75 of 1975, s. 28 ][Section 36 Subsection (3) substituted by No. 42 of 1991, s. 93 ][Section 36 Subsection (3) amended by No. 25 of 1994, s. 44 and Sched. 1 ]A person must not, without the written approval of the corporation –

(a) establish a mill to saw or treat timber on Crown land or land owned by the corporation; or

(b) transfer any such mill to another place on Crown land or land owned by the corporation; or

(c) alter or reconstruct any such mill so as to increase its operating capacity.

Penalty:  Fine not exceeding 20 penalty units.

(4)  [Section 36 Subsection (4) added by 10 Geo. VI No. 42, s. 9 ] Subsection (3) (c) shall not apply to the repair or maintenance of a mill.

(5)  [Section 36 Subsection (5) added by No. 29 of 1953, s. 2 ]In proceedings in respect of a contravention of the provisions of this section, an allegation in a complaint that a mill that is specified in the complaint was not, at the time specified therein, registered in accordance with this section shall be deemed to be proved in the absence of proof to the contrary.

36A.   Effect of failure by sawmill operator to comply with certain laws, &c.

[Section 36A Inserted by No. 42 of 1991, s. 94 ][Section 36A Subsection (3) amended by No. 14 of 1995, s. 3 and Sched. 1 ][Section 36A Subsection (3) amended by No. 37 of 1996, s. 3 and Sched. 1 ]

(1)  In this section –

sawmill operator, in relation to a sawmill, means –

(a) if the sawmill is owned and operated by the same person – that person; or

(b) if the sawmill is owned by one person and operated by another person – those persons;

year means –

(a) the year commencing on 1 July 1992; or

(b) any subsequent year commencing on 1 July.

(2)  A sawmill operator is not entitled to purchase more than 500 cubic metres of Crown wood in any year unless the sawmill operator is an approved sawmill operator.

(3)  [Section 36A Subsection (3) amended by No. 25 of 1994, s. 44 and Sched. 1 ]To become an approved sawmill operator, a sawmill operator must demonstrate to the satisfaction of the corporation that, in the previous year, he or she has complied with any order, notice or other lawful direction issued to the sawmill operator, in respect of the management or operation of a sawmill, under –

(a) the Environmental Management and Pollution Control Act 1994 ; or

(b) the Workplace Health and Safety Act 1995 ; or

(c) the Industrial Relations Act 1984 ; or

(d) a prescribed law of the State or of the Commonwealth; or

(e) an industrial award, or agreement, made under a law of the State or of the Commonwealth.

(4)  [Section 36A Subsection (4) amended by No. 25 of 1994, s. 44 and Sched. 1 ]For the purposes of subsection (3) , a sawmill operator is to be taken to have demonstrated compliance with an order, notice or other lawful direction issued to that sawmill operator under an Act, industrial award or agreement if, before the end of the relevant previous year, each of the responsible departments in relation to the Acts specified in paragraphs (a) , (b) and (c) of that subsection has, after undertaking necessary inspections, advised the corporation that the sawmill operator has remedied each matter that such order, notice or lawful direction required to be remedied before the expiration of that relevant previous year.

(5)  [Section 36A Subsection (5) amended by No. 25 of 1994, s. 44 and Sched. 1 ]Subject to subsection (6) –

(a) if a court or other tribunal finds that a sawmill operator has operated a sawmill in breach of a provision of an Act, industrial award or agreement specified in subsection (3) ; or

(b) if there has been a failure to comply with an order, notice or other lawful direction issued to a sawmill operator, in respect of the management or operation of a sawmill, under an Act, industrial award or agreement specified in subsection (3) –

the corporation may withhold supplies, or further supplies, of Crown wood from the sawmill operator until the corporation is satisfied that the breach, or failure to comply, has been remedied.

(6)  [Section 36A Subsection (6) amended by No. 25 of 1994, s. 44 and Sched. 1 ]The corporation has no power to withhold supplies, or further supplies, of Crown wood from a sawmill operator pursuant to subsection (5) unless –

(a) it has given notice to the sawmill operator of its intention to do so; and

(b) it has allowed the sawmill operator a reasonable period of time, being in any case not less than 14 days, to take such action as the corporation specifies in respect of the breach or failure to comply.

(7)  Nothing in this section prejudices any order made by a court or other tribunal consequent upon a finding referred to in subsection (5) (a) .

(8)  A notice under subsection (6) (a) may be sent by post or delivered personally.

(9)  [Section 36A Subsection (9) amended by No. 25 of 1994, s. 44 and Sched. 1 ]This section has effect notwithstanding any agreement made between the corporation and a sawmill operator or any other person in respect of the supply of Crown wood to the sawmill operator or that person in respect of any sawmill, and no action lies against the corporation or the Crown in respect of the withholding of supplies, or further supplies, of Crown wood by the corporation under this section.

PART V - Financial provisions

[Part V Substituted by No. 27 of 1989, s. 9 ]

36B.   Ownership of management proceeds

[Section 36B Inserted by No. 25 of 1994, s. 24 ]Any money or other consideration received by the corporation arising from its management of State forest and other forests on Crown land vests in the corporation.

37.   Bank, building society or credit union accounts, funds, &c., of corporation

[Section 37 Substituted by No. 40 of 1991, s. 41 ][Section 37 Amended by No. 62 of 1996, s. 3 and Sched. 1 ]

(1)  [Section 37 Subsection (1) substituted by No. 25 of 1994, s. 25 ]The corporation may open and maintain such bank, building society or credit union accounts as it considers necessary.

(2)  [Section 37 Subsection (2) amended by No. 25 of 1994, s. 25 ]The corporation may establish an account in the Special Deposits and Trust Fund.

(3)  [Section 37 Subsection (3) substituted by No. 25 of 1994, s. 25 ]Any money received by the corporation is to be paid into an account established under subsection (1) or (2) .

(4)  [Section 37 Subsection (4) amended by No. 25 of 1994, s. 25 ]Money held in an account established under subsection (1) or (2) may be applied –

(a) notwithstanding section 10 (2) , in the payment or discharge of the expenses, charges and obligations incurred or undertaken by the corporation in the performance of its functions or the exercise of its powers under this Act and any other Act; and

(b) in such other manner as the Treasurer approves.

(5)  [Section 37 Subsection (5) omitted by No. 25 of 1994, s. 25 ].  .  .  .  .  .  .  .  

38.   Borrowing powers of corporation

[Section 38 Inserted by No. 27 of 1989, s. 9 ]

(1)  [Section 38 Subsection (1) amended by No. 25 of 1994, s. 26 ]For the purpose of performing any of its functions or exercising any of its powers under this or any other Act, the corporation may, with the approval of the Treasurer and subject to such terms and conditions as the Treasurer may determine, borrow money from such sources, and in such manner, as the Treasurer may approve.

(2)  [Section 38 Subsection (2) amended by No. 25 of 1994, s. 26 ]Any money borrowed by the corporation under subsection (1) may be secured by the issue of such securities as the Treasurer may approve.

(3)  [Section 38 Subsection (3) amended by No. 25 of 1994, s. 26 ]The corporation shall make such provision as the Treasurer may require for the establishment of a sinking fund for the purpose of repaying money borrowed by the corporation under subsection (1) .

(4)  [Section 38 Subsection (4) amended by No. 25 of 1994, s. 26 ]For the purposes of this section, without affecting the generality of section 60 , regulations under that section may make provision for or with respect to –

(a) the form of securities that may be issued under this section;

(b) the manner of issuing, selling, transferring, redeeming, and repurchasing securities;

(c) the keeping and inspection of and the taking of copies of or extracts from any register or ledger relating to securities;

(d) lost or defaced securities; or

(e) any other matter considered necessary or convenient for the exercise by the corporation of its powers under this section.

39.   Guarantees

[Section 39 Substituted by No. 27 of 1989, s. 9 ]

(1)  [Section 39 Subsection (1) amended by No. 25 of 1994, s. 27 ]The Treasurer may execute a guarantee, either alone or jointly with some other person, for the repayment of, and payment of interest on, any loan made to the corporation under section 38 or for the payment of any liability incurred by the corporation in performing its functions or exercising its powers under this or any other Act.

(2)  A guarantee executed under subsection (1) may be subject to such terms and conditions as the Treasurer may determine.

(3)  The amount of any liability incurred under a guarantee executed under this section is a charge on the Consolidated Fund and is payable out of that fund without further appropriation than this subsection.

40.   Reserves of corporation

[Section 40 Substituted by No. 25 of 1994, s. 28 ]The corporation may establish and maintain financial reserves.

40A.   Operating profit or loss of corporation

[Section 40A Substituted by No. 40 of 1991, s. 42 ]

(1)  [Section 40A Subsection (1) amended by No. 25 of 1994, s. 29 ]In this section –

loss means the loss or deficit shown on the operating statement of the corporation in respect of a financial year after –

(a) any abnormal or extraordinary items have been taken into account; and

(b) provision has been made for any taxation-equivalent payable under Part 5 of the State Authorities Financial Management Act 1990 ;

operating statement means –

(a) the profit and loss account; or

(b) the statement of income and expenditure; or

(c) the statement of activity;

profit means the profit or surplus shown on the operating statement of the corporation in respect of a financial year after –

(a) any abnormal or extraordinary items have been taken into account; and

(b) provision has been made for any taxation-equivalent payable under Part 5 of the State Authorities Financial Management Act 1990 .

(2)  [Section 40A Subsection (2) omitted by No. 25 of 1994, s. 29 ].  .  .  .  .  .  .  .  

(3)  After any dividend payable under Part 6 of the State Authorities Financial Management Act 1990 in respect of any financial year has been provided for, any remaining profit may be retained –

(a) in a reserve established under section 40 ; or

(b) in an unappropriated profit account; or

(c) partly in such a reserve and partly in such an account.

(4)  [Section 40A Subsection (4) amended by No. 25 of 1994, s. 29 ]Where the corporation incurs a loss, it shall advise the Minister and the Treasurer, in writing, of –

(a) the amount of the loss; and

(b) the reasons for the loss; and

(c) the consequences of the loss; and

(d) whether the corporation is requesting financial assistance from the Treasurer.

(5)  [Section 40A Subsection (5) amended by No. 25 of 1994, s. 29 ]In determining the consequences of a loss for the purposes of subsection (4) (c) , the corporation shall consider –

(a) the impact of the loss on the liquidity position of the corporation; and

(b) the availability of reserves to meet the loss; and

(c) the impact of the loss on the viability of the corporation.

(6)  [Section 40A Subsection (6) amended by No. 25 of 1994, s. 29 ]On the request of the corporation and with the approval of the Minister, the Treasurer may pay to the corporation out of money provided by Parliament for the purpose an amount which is not more than that part of any loss which is not to be met by the corporation from its reserves or in any other manner.

(7)  In determining whether to make a payment under subsection (6) , the Treasurer shall consider –

(a) the advice referred to in subsection (4) ; and

(b) any other matter the Treasurer considers relevant.

(8)  [Section 40A Subsection (8) amended by No. 25 of 1994, s. 29 ]An amount paid to the corporation under subsection (6) is a debt repayable by the corporation into the Consolidated Fund on the conditions and in the manner determined by the Treasurer.

40B.   Investment by corporation

[Section 40B Substituted by No. 25 of 1994, s. 30 ]The corporation may invest any funds held by it and any interest accumulated in respect of those funds in any manner which is consistent with sound commercial practice.

40C.   Financial arrangements of corporation

[Section 40C Substituted by No. 25 of 1994, s. 30 ]

(1)  In this section, financial arrangement means –

(a) a currency swap; or

(b) an interest rate swap; or

(c) a forward exchange rate agreement; or

(d) a forward interest rate agreement; or

(e) a futures contract, or futures option, within the meaning of the Corporations Law ; or

(f) a currency option; or

(g) an interest rate option; or

(h) any other transaction or arrangement that has been approved by the Treasurer in writing.

(2)  The corporation may enter into and perform a financial arrangement in accordance with any guidelines issued under subsection (3) .

(3)  The Treasurer may issue guidelines which relate to financial arrangements or the exercise of the power by the corporation to enter into and perform financial arrangements.

40D.   

[Section 40D Repealed by No. 40 of 1991, s. 42 ].  .  .  .  .  .  .  .  

PART VI - Penalties, seizures, and forfeitures

41.   Offences against employees, &c.

[Section 41 Amended by 25 Geo. V No. 78 ][Section 41 Amended by 10 Geo. VI No. 42, s. 13 and Sched. 1 ][Section 41 Amended by No. 55 of 1965, s. 5 ][Section 41 Amended by No. 75 of 1975, s. 31 ][Section 41 Amended by No. 25 of 1994, s. 31 ]

(1)  [Section 41 Subsection (1) substituted by No. 42 of 1991, s. 95 ]A person must not –

(a) threaten or attempt to intimidate; or

(b) assault or offer violence to; or

(c) hinder or obstruct –

an employee or agent of the corporation who is performing a duty or exercising a power under this Act.

Penalty:  Fine not exceeding 20 penalty units.

(1A)  [Section 41 Subsection (1A) inserted by No. 42 of 1991, s. 95 ]A person must not –

(a) offer; or

(b) give; or

(c) agree to give –

an employee or agent of the corporation any gift or consideration as an inducement or reward for any –

(d) act done or to be done; or

(e) forbearance observed or to be observed; or

(f) favour shown or to be shown –

by that employee or agent under this Act.

Penalty:  Fine not exceeding 20 penalty units.

(2)  [Section 41 Subsection (2) amended by No. 29 of 1984, s. 3 and Sched. 1 ]For the purposes of this section, a gift or consideration shall be deemed to be given as an inducement or reward if the receipt or any expectation thereof would be in any way likely to influence the employee employed in the corporation to do or leave undone something contrary to his duty.

42.   Penalty for making false statements, &c.

[Section 42 Substituted by No. 42 of 1991, s. 96 ]

(1)  A person must not –

(a) make a false statement; or

(b) cause a false statement to be made –

in any –

(c) declaration; or

(d) book, return or other record –

which that person is required to make or keep under, or by virtue of, this Act.

Penalty:  Fine not exceeding 20 penalty units.

(2)  A person must not fail to –

(a) make any declaration, statement or return; or

(b) keep any book or other record –

which that person is required to make or keep under, or by virtue of, this Act.

Penalty:  Fine not exceeding 20 penalty units.

43.   Penalty for lighting or causing fires in State forest

[Section 43 Substituted by No. 42 of 1991, s. 97 ]

(1)  A person must not, without lawful authority –

(a) light; or

(b) cause to be lit –

a fire that damages or destroys any tree, timber or other forest produce in State forest.

Penalty:  Fine not exceeding 50 penalty units.

(2)  [Section 43 Subsection (2) amended by No. 25 of 1994, s. 44 and Sched. 1 ]A court that convicts a person of an offence under subsection (1) may, in addition to any other penalty it may impose, order that person to pay to the corporation –

(a) the cost of the damage or destruction caused by the fire; and

(b) any costs incurred by the corporation in suppressing the fire; and

(c) such other costs as the court considers appropriate.

44.   Reasonable measures to extinguish fires to be taken by holders of permits, &c., and purchasers under contracts of sale

[Section 44 Substituted by No. 75 of 1975, s. 34 ]

(1)  Every person who is –

(a) the holder of a permit, licence, or lease; or

(b) a purchaser under a contract of sale –

shall take all reasonable measures to extinguish bush fires on the land to which his permit, licence, lease, or contract relates.

(2)  Failure to comply with the provisions of this section constitutes a forest offence.

44A.   Exclusion of persons from areas of State forest

[Section 44A Inserted by No. 42 of 1991, s. 98 ]

(1)  [Section 44A Subsection (1) omitted by No. 25 of 1994, s. 32 ].  .  .  .  .  .  .  .  

(2)  [Section 44A Subsection (2) amended by No. 4 of 1992, s. 7 ]A police officer may direct a person –

(a) not to enter; or

(b) to leave –

an area of State forest in which forest operations are being carried out if the police officer reasonably believes that the person intends to interfere with any vehicle or other equipment in that area or with the operation of any vehicle or other equipment in that area.

(3)  A police officer may use such reasonable force as may be necessary to –

(a) prevent a person from entering an area of State forest contrary to; or

(b) remove from an area of State forest a person who fails or refuses to comply with –

a direction given to that person in accordance with subsection (2) .

(4)  [Section 44A Subsection (4) amended by No. 4 of 1992, s. 7 ]A person must not –

(a) enter an area of State forest contrary to; or

(b) fail or refuse to comply with –

a direction given to that person in accordance with subsection (2) .

Penalty:  Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 12 months.

45.   Unlawfully ringbarking trees, &c.

[Section 45 Amended by 25 Geo. V No. 78 ][Section 45 Amended by No. 55 of 1965, s. 5 ][Section 45 Amended by No. 25 of 1994, s. 33 ][Section 45 Amended by 10 Geo. VI No. 42, s. 13 and Sched. 1 ][Section 45 Amended by No. 42 of 1991, s. 99 ][Section 45 Amended by No. 25 of 1994, s. 33 ]

(1)  [Section 45 Subsection (1) substituted by No. 42 of 1991, s. 99 ]A person must not, without lawful authority –

(a) destroy or cut, saw, ringbark or otherwise damage any tree, timber or other forest produce in; or

(b) remove any tree, timber or other forest produce from; or

(c) interfere with, damage, destroy or remove any property of the corporation in; or

(d) deface or destroy any brand lawfully placed on any tree, timber or other forest produce in –

State forest or Crown land other than State forest.

Penalty:  Fine not exceeding 50 penalty units.

(1A)  [Section 45 Subsection (1A) substituted by No. 42 of 1991, s. 99 ]A court that convicts a person of an offence under subsection (1) may, in addition to any other penalty it may impose, make either or both of the following orders:

(a) an order that the person pay to the corporation –

(i) the cost of any damage done, or any loss incurred, by reason of that person's act; and

(ii) such other costs as the court considers appropriate;

(b) an order that the person's interest in any vehicle or other equipment used by the person in the commission of the offence is forfeited to the corporation.

(1B)  [Section 45 Subsection (1B) omitted by No. 25 of 1994, s. 33 ].  .  .  .  .  .  .  .  

(2)  [Section 45 Subsection (2) added by 6 Geo. VI No. 22, s. 2 ]If, in the opinion of the corporation, any person has committed an offence under this section, but the circumstances do not call for the imposition of a penalty, the corporation, on payment or the giving of a written undertaking to pay to the corporation by such person of such royalty, at a rate not exceeding 5 times the relevant rate prescribed, as the corporation may determine may –

(a) allow such person to take, remove, or retain the whole or any part of the timber, forest product, or bark in relation to which the offence was committed; and

(b) waive or discontinue any proceedings in respect of such offence –

either before or after the institution of any proceedings in respect thereof.

(3)  [Section 45 Subsection (3) inserted by No. 42 of 1991, s. 99 ]In proceedings for an offence under this section where it is necessary to prove that a person was not authorized to carry out an activity specified in paragraph (a) , (b) , (c) or (d) of subsection (1) in State forest, or Crown land other than State forest, a certificate in writing purporting to be signed by the chief executive officer stating that the person was not, at the time of the alleged offence, so authorized is prima facie evidence of that fact.

46.   Offences in State forest

[Section 46 Substituted by No. 42 of 1991, s. 100 ]

(1)  A person must not, without lawful authority –

(a) occupy; or

(b) clear; or

(c) break-up –

any land in State forest.

Penalty:  Fine not exceeding 50 penalty units.

(1A)  [Section 46 Subsection (1A) inserted by No. 4 of 1992, s. 7 ]A person must not, without lawful authority –

(a) interfere with any vehicle or other equipment; or

(b) interfere with the operation of any vehicle or other equipment –

in an area of State forest in which forest operations are being carried out, or are being attempted to be carried out.

Penalty:  Fine not exceeding 200 penalty units or imprisonment for a term not exceeding 12 months.

(1B)  [Section 46 Subsection (1B) omitted by No. 25 of 1994, s. 34 ].  .  .  .  .  .  .  .  

(2)  [Section 46 Subsection (2) substituted by No. 4 of 1992, s. 7 ]A court that convicts a person of an offence under subsection (1) or (1A) may, in addition to any other penalty it may impose, order that person to pay to any other person –

(a) a sum, being all or part of a sum equivalent to the cost of making good any damage done, or any loss incurred, by that other person, by reason of the convicted person's act; and

(b) such other costs as the court considers appropriate.

(3)  A person must not, without lawful authority, depasture stock in State forest.

Penalty:  Fine not exceeding 30 penalty units.

(4)  [Section 46 Subsection (4) amended by No. 25 of 1994, s. 34 ]A court that convicts a person of an offence under subsection (3) may, in addition to any other penalty it may impose, make either or both of the following orders:

(a) an order that the person pay to the corporation –

(i) the cost of making good any damage done, or any loss incurred, by reason of that person's act; and

(ii) such other costs as the court considers appropriate;

(b) an order that the person's interest in all or any of the stock is forfeited to the corporation.

(5)  [Section 46 Subsection (5) amended by No. 25 of 1994, s. 34 ].  .  .  .  .  .  .  .  

(6)  [Section 46 Subsection (6) amended by No. 25 of 1994, s. 34 ]If the corporation is satisfied that –

(a) a person has committed an offence under this section; but

(b) the circumstances of the offence do not merit the imposition of a penalty –

the corporation may, either before or after the institution of any proceedings in respect of the alleged offence, waive or discontinue those proceedings on payment to the corporation of such amount as the corporation may specify for the purposes of this subsection.

(7)  [Section 46 Subsection (7) amended by No. 25 of 1994, s. 34 ]In proceedings for an offence under this section where it is necessary to prove that a person was not authorized to –

(a) occupy, clear or break-up any land in State forest; or

(b) depasture stock in State forest –

a certificate in writing purporting to be signed by the chief executive officer stating that the person was not, at the time of the alleged offence, so authorized is prima facie evidence of that fact.

46A.   

.  .  .  .  .  .  .  .  

46B.   

[Section 46B Repealed by No. 42 of 1991, s. 102 ].  .  .  .  .  .  .  .  

47.   Power to enter and inspect land

[Section 47 Amended by 25 Geo. V No. 78 ][Section 47 Amended by 10 Geo. VI No. 42, s. 13 and Sched. 1 ]

(1)  [Section 47 Subsection (1) amended by No. 25 of 1994, s. 35 ]A forest officer, police officer, or Crown lands bailiff may enter upon the land held or occupied by virtue of a permit or forest lease under this Act, or under any other timber concession, lease, or agreement, for the purpose of making inspections, carrying out silvicultural operations, or other forest work, and preventing or suppressing fires.

(2)  [Section 47 Subsection (2) amended by No. 25 of 1994, s. 35 ]Any person who obstructs or hinders a forest officer, police officer, or Crown lands bailiff in the exercise of his powers under this section shall be guilty of a forest offence.

47A.   Power to require offenders to disclose identity

[Section 47A Inserted by No. 75 of 1975, s. 37 ]

(1)  Where a person who is authorized to enforce a provision of this Act has reasonable grounds for believing that another person has committed, or is committing, an offence against that provision, he may require that other person to state his name and the address of his abode.

(2)  A person who, when required under this section to state his name and the address of his place of abode, fails or refuses to give his full name and that address or gives a name or address that is false commits a forest offence.

48.   Penalty for forest offence

[Section 48 Subsection (1) amended by No. 55 of 1965, s. 5 ][Section 48 Subsection (1) amended by No. 75 of 1975, s. 38 ][Section 48 Subsection (1) amended by No. 42 of 1991, s. 103 ][Section 48 Subsection (1) amended by No. 25 of 1994, s. 44 and Sched. 1 ]

(1)  [Section 48 Subsection (1) amended by 25 Geo. V No. 78 ]Any person who commits a forest offence –

(a) shall, if no penalty is specified for the offence, be liable to a fine not exceeding 20 penalty units; and

(b) in any case shall be liable to compensate the corporation for any loss or damage caused by the offence, in addition to the penalty, and such loss or damage may be awarded by the court in fixing the penalty, and may be recovered in the same way as a pecuniary penalty.

(2)  [Section 48 Subsection (2) substituted by No. 42 of 1991, s. 103 ]For the purposes of subsection (1) , the loss or damage caused by the offence includes –

(a) the value of the forest products in respect of which the offence was committed; and

(b) the value of the damage to the forest caused by the offence; and

(c) the cost of preventing further loss or damage.

49.   

[Section 49 Repealed by No. 42 of 1991, s. 104 ].  .  .  .  .  .  .  .  

49A.   Liability of employer for offence by employee

[Section 49A Inserted by No. 75 of 1975, s. 39 ]

(1)  Notwithstanding any other law or rule of law, where a person as the employee of another person (in this section referred to as "the employer") commits an offence against this Act, the employer is guilty of an offence against this Act in like manner as the employee (whether or not the offence was committed without his authority or contrary to his orders or instructions) and may be proceeded against and convicted accordingly unless he proves that he had no knowledge of the commission of the offence and could not, by the exercise of due diligence, have prevented the commission of the offence.

(2)  The employer may be proceeded against and convicted pursuant to subsection (1) notwithstanding that the employee has not been proceeded against or has not been convicted under this Act.

(3)  Nothing in subsection (1) prejudices or affects any liability imposed by or under this Act on a person by whom an offence against this Act is actually committed.

(4)  In this section, employee includes a contractor, whether independent or otherwise.

50.   Complaint to be made within twelve months

A complaint for an offence against this Act, or for the recovery of any penalty, fine, or forfeiture imposed thereunder, may be made within 12 months from the time when the matter of the complaint arose.

51.   Penalty to be in addition to fines under permit or lease

[Section 51 Amended by 25 Geo. V No. 78 ][Section 51 Amended by No. 75 of 1975, s. 40 ]Penalties imposed under this Act shall be in addition to, and not in substitution for, any penalty imposed by a permit, licence, or contract of sale or any lease of land within a State forest.

52.   Complaints

[Section 52 Substituted by No. 25 of 1994, s. 36 ]The chief executive officer, an appointee of the corporation or a police officer may make a complaint in respect of an offence against this Act.

53.   Seizure and forfeiture of timber and products

[Section 53 Amended by 25 Geo. V No. 78 ][Section 53 Subsection (2) amended by No. 75 of 1975, s. 41 ][Section 53 Subsection (2) amended by No. 42 of 1991, s. 53 ]

(1)  [Section 53 Subsection (1) amended by No. 25 of 1994, s. 37 ]Any forest officer, police officer, or Crown lands bailiff may, if he has reason to believe that any timber or other forest product has been cut, removed, or otherwise dealt with contrary to the provisions of this Act, enter any land or any buildings thereon, and seize such timber or product, and place thereon a distinctive brand or mark; and such timber or product shall thereupon become and remain the property of the corporation until otherwise ordered by a court of petty sessions.

(2)  [Section 53 Subsection (2) amended by No. 55 of 1965, s. 5 ]The branding or marking of such timber or forest product in the manner above described shall in itself constitute a seizure, and any person who thereafter without the written permission of the person making the seizure, or the order of a court of petty sessions, removes or interferes with the timber or product seized is guilty of an offence and is liable on summary conviction to a fine not exceeding 20 penalty units or to imprisonment for a term not exceeding one year.

54.   Procedure on seizure

[Section 54 Substituted by 12 Geo. V No. 68, s. 4 ][Section 54 Amended by No. 75 of 1975, s. 42 ][Section 54 Amended by No. 25 of 1994, s. 38 ]When timber or forest products have been seized under the provisions of section 53 –

(a) the forest officer, police officer or Crown lands bailiff who seized the timber or forest products must, as soon as practicable –

(i) give notice of the seizure in the prescribed form to the person who owns, or apparently owns, the timber or forest products or who had possession of the timber or forest products immediately before the seizure; or

(ii) if such a person cannot be found, cause a newspaper notice to be published giving particulars of the seizure and advising of the terms of paragraphs (b) and (c) of this section; and

(b) any person claiming to be entitled to such timber or products may, within one month after such seizure, apply to a court of petty sessions for an order vesting such timber or products in him, and such court may hear and determine such claim, and may, if it is of opinion that the forfeiture of such timber or products is not warranted, make such order thereon as it thinks just; and

(c) a claim under this section shall be heard and determined in manner provided by the Justices Act 1959 in the case of a complaint.

55.   Seizure of timber, &c., irregularly cut

[Section 55 Amended by 25 Geo. V No. 78 ][Section 55 Subsection (1) amended by No. 25 of 1994, s. 39 ][Section 55 Subsection (2) amended by No. 42 of 1991, s. 106 ][Section 55 Subsection (2) amended by No. 25 of 1994, s. 39 ]

(1)  [Section 55 Subsection (1) amended by No. 42 of 1991, s. 106 ]Any timber or other forest products lying within State forest or Crown land other than State forest, and not held in strict compliance with the provisions of this Act, or if cut or obtained under any other Act, and not held in strict compliance with the provisions of such Act, shall be deemed to be abandoned, and may be seized by any forest officer, police officer, or Crown lands bailiff, notwithstanding that licence fees or royalty may have been paid in respect thereof, and shall forthwith become forfeited to the corporation.

(2)  [Section 55 Subsection (2) amended by No. 75 of 1975, s. 43 ]All timber or other forest products left lying within State forest or Crown land other than State forest for more than 9 months, whether the same shall have been purchased from the Crown or the corporation or not, or whether licence fees or royalty have been paid thereon or not, shall be deemed to have been abandoned, and may be seized by any forest officer, police officer, or Crown lands bailiff, and shall forthwith become forfeited to the corporation.

56.   Sale of timber seized

[Section 56 Amended by 10 Geo. VI No. 42, s. 13 and Sched. 1 ][Section 56 Amended by No. 27 of 1989, s. 10 ][Section 56 Amended by No. 25 of 1994, s. 44 and Sched. 1 ]Any timber or forest products forfeited in pursuance of this Act may be sold or otherwise disposed of as the corporation may direct.

56A.   Imposition of penalties by corporation in certain cases

[Section 56A Inserted by 10 Geo. VI No. 42, s. 12 ][Section 56A Subsection (1) amended by No. 25 of 1994, s. 44 and Sched. 1 ]

(1)  [Section 56A Subsection (1) amended by No. 75 of 1975, s. 44 ]In any case where the corporation is satisfied after making such inquiries as it thinks necessary, that the holder of any permit, licence, or lease or the purchaser under a contract of sale has committed a forest offence, the corporation may, by notice in writing addressed to that person, inform him that he has, in the opinion of the corporation, committed the forest offence specified in the notice, and require him to state whether he admits the offence and agrees to be dealt with summarily by the corporation in accordance with this section instead of by prosecution in a court of summary jurisdiction.

(2)  [Section 56A Subsection (2) amended by No. 25 of 1994, s. 44 and Sched. 1 ]If any person to whom a notice has been given under subsection (1) admits the offence specified therein and agrees to be dealt with summarily by the corporation, the corporation may impose such penalty in respect of such offence as it thinks fit, not exceeding the maximum penalty prescribed in respect of the offence.

(3)  [Section 56A Subsection (3) amended by No. 25 of 1994, s. 44 and Sched. 1 ]Upon payment to the corporation of the amount of any penalty imposed by it under this section, no further proceedings shall be taken under this Act in respect of the offence.

(4)  [Section 56A Subsection (4) omitted by No. 27 of 1989, s. 11 ].  .  .  .  .  .  .  .  

PART VII - [Part VII Heading amended by 25 Geo. V No. 78 ] General provisions

57.   Recovery of fees, &c.

[Section 57 Substituted by No. 42 of 1991, s. 107 ][Section 57 Amended by No. 25 of 1994, s. 40 ]Any fee, charge, royalty or rent imposed by, or payable under, this Act is a debt due to the corporation and may be recovered as such by the corporation.

58.   Exemption of State forest from operation of Act

[Section 58 Amended by 25 Geo. V No. 78 ][Section 58 Amended by 10 Geo. VI No. 42, s. 13 and Sched. 1 ][Section 58 Subsection (1) amended by No. 25 of 1994, s. 44 and Sched. 1 ]

(1)  [Section 58 Subsection (1) amended by No. 42 of 1991, s. 108 ]The corporation, by notice in the Gazette, may –

(a) exempt any area of State forest from the operation of permits or licences under this Act, either generally or in respect of any specified forest product; or may determine what forest products may be taken from any specified area; or

(b) establish depots where logs, piles, sleepers, girders, and hewn or other timber or forest products may be inspected and measured for the purposes of this Act, and held until payment of royalty or other dues.

(2)  [Section 58 Subsection (2) amended by No. 25 of 1994, s. 44 and Sched. 1 ]Any timber or products whatever deposited at any such depot without the express authority of the corporation or a forest officer, shall be subject to royalty, although otherwise exempt from royalty.

59.   Timber from private property to be marked in certain cases

[Section 59 Substituted by No. 29 of 1953, s. 3 ][Section 59 Subsection (2) amended by No. 75 of 1975, s. 45 ][Section 59 Subsection (2) amended by No. 42 of 1991, s. 109 ]

(1)  The owner of any timber or forest produce that is cut on, or obtained from, private property shall, if so required by a forest officer –

(a) before delivering that timber or forest produce to a sawmill, timber depot, railway yard, railway siding, wharf, or jetty, or conveying it over any Crown land or public road, brand that timber or forest produce with the letters "P.P." and the owner's initials; and

(b) make a declaration in the prescribed form stating the species and quantities of that timber or forest produce and where it was obtained, and the name and address of the person to whom it is consigned.

(2)  [Section 59 Subsection (2) amended by No. 55 of 1965, s. 5 ]A person who contravenes or fails to comply with any of the provisions of this section is guilty of an offence and is liable on summary conviction to a fine not exceeding 5 penalty units.

59A.   Regulation, &c., of forest roads

[Section 59A Inserted by No. 15 of 1962, s. 2 ][Section 59A Subsection (2) amended by No. 42 of 1991, s. 110 ]

(1)  [Section 59A Subsection (1) amended by No. 25 of 1994, s. 44 and Sched. 1 ]The Governor, on the recommendation of the corporation, may make regulations for controlling and regulating the use of forest roads, and in particular, for –

(a) controlling and regulating the driving or use of any vehicle on a forest road;

(b) prohibiting the driving or use, or authorizing any prescribed person to prohibit the driving or use, on any forest road, of any vehicle or any prescribed type or kind of vehicle, either generally or at any prescribed times or in any prescribed circumstances;

(c) prohibiting or restricting, or authorizing any prescribed person to prohibit or restrict, the carrying by any vehicle on any forest road of any load or of any load of a prescribed nature, weight, or other dimensions;

(d) requiring any person using a forest road to comply with the requirements and directions given by any prescribed person;

(e) providing for the removal to any place by, or under the direction of, any prescribed person of any vehicle on a forest road; and

(f) providing for the inspection, weighing, and measurement of any vehicle and the load carried thereby, either before that vehicle goes on any forest road or while it is on any forest road.

(2)  [Section 59A Subsection (2) amended by No. 55 of 1965, s. 5 ]Regulations made under this section may impose a fine not exceeding 5 penalty units for any breach of the same.

(3)  [Section 59A Subsection (3) amended by No. 25 of 1994, s. 44 and Sched. 1 ]Where a vehicle is used or driven on a forest road for any purpose and by reason of that vehicle being so used or driven damage is caused to a forest road, the corporation, if –

(a) there has been, in relation to the driving or use of that vehicle, a contravention of, or failure to comply with, the regulations made under this section or any directions or requirements made thereunder; and

(b) that damage would not reasonably have been expected to have occurred if those regulations, directions, or requirements had been complied with –

may recover from the person using or driving that vehicle, or allowing it to be used or driven for that purpose, the cost of making good that damage.

(4)  [Section 59A Subsection (4) amended by No. 25 of 1994, s. 44 and Sched. 1 ]Any sum that may be recovered under subsection (3) of this section may be recovered as a debt due to the corporation.

(5)  [Section 59A Subsection (5) omitted by No. 42 of 1991, s. 110 ].  .  .  .  .  .  .  .  

(6)  [Section 59A Subsection (6) omitted by No. 42 of 1991, s. 110 ].  .  .  .  .  .  .  .  

59B.   Notice to be given in certain cases in relation to proposed cutting of timber

[Section 59B Inserted by No. 75 of 1975, s. 46 ]

(1)  Subject to this section, a person (including the Crown) who, being the owner of any land, intends to cut, or cause to be cut, more than 40 cubic metres of timber growing on a part of the land that is within 400 metres of the common boundary of that land and land owned by another person (including the Crown) shall give notice to that other person of his intention to do so at least two weeks before the cutting of the timber is commenced.

(1A)  [Section 59B Subsection (1A) inserted by No. 25 of 1994, s. 41 ]For the purposes of subsection (1) , State forest and Crown land managed by the corporation is taken to be owned by the corporation.

(2)  The following provisions apply to the giving of a notice under subsection (1) :

(a) Subject to paragraph (b) , the notice shall be given in writing delivered or sent by post to the person to whom it is directed; and

(b) Where it is not practicable to give the notice in accordance with paragraph (a) , that notice may be given verbally to that person, but in such a case it shall be confirmed in writing as soon as is reasonably practicable.

(3)  [Section 59B Subsection (3) amended by No. 42 of 1991, s. 111 ]An owner of land who contravenes or fails to comply with any of the provisions of this section is guilty of an offence and is liable on summary conviction to a fine not exceeding 10 penalty units.

59C.   Power of corporation to deal with property

[Section 59C Inserted by No. 42 of 1991, s. 111 ]

(1)  [Section 59C Subsection (1) amended by No. 25 of 1994, s. 44 and Sched. 1 ]In this section –

buildings includes any land appurtenant to those buildings;

general purposes means –

(a) administrative, communications, research or storage purposes; or

(b) purposes related to the repair and maintenance of machinery; or

(c) such other purposes as may be prescribed as are necessary or convenient for the performance of the corporation's functions or the exercise of its powers under this Act;

lease includes sub-lease.

(2)  [Section 59C Subsection (2) amended by No. 25 of 1994, s. 44 and Sched. 1 ]Notwithstanding any limitation in this Act or in any other enactment, the power of the corporation to –

(a) buy and sell buildings; and

(b) grant leases and licences of buildings; and

(c) take leases and licences of buildings –

for general purposes is at the discretion of the corporation.

59D.   Forest reports

[Section 59D Inserted by No. 42 of 1991, s. 111 ]

(1)  [Section 59D Subsection (1) amended by No. 25 of 1994, s. 44 and Sched. 1 ]The corporation must, not later than 30 November 1992, and not later than 30 November in each subsequent year, give the Minister a written statement specifying the area of State forest and Crown land other than State forest that has been reafforested during the preceding 12 month period.

(2)  [Section 59D Subsection (2) amended by No. 25 of 1994, s. 44 and Sched. 1 ]The corporation must, not later than 30 November 1993 and not later than 30 November in each fifth year thereafter, give the Minister a written report on the state of Tasmania's public and private forests, including any prescribed details in respect of those forests.

(3)  The Minister must cause a copy of –

(a) each statement referred to in subsection (1) ; and

(b) each report referred to in subsection (2) –

to be laid on the table of each House of Parliament within 14 sitting days of that House after being received by the Minister.

PART VIII - [Part VIII Heading amended by 25 Geo. V No. 78 ] Regulations

60.   Regulations

[Section 60 Amended by 25 Geo. V No. 78 ][Section 60 Amended by 3 & 4 Geo. VI No. 47, s. 2 ][Section 60 Amended by 5 Geo. VI No. 58, s. 2 ][Section 60 Amended by 10 Geo. VI No. 42, s. 13 and Sched. 1 ][Section 60 Amended by No. 36 of 1958, s. 4 and Sched. 3 ][Section 60 Amended by No. 75 of 1975, s. 47 ][Section 60 Amended by No. 95 of 1980, s. 7 ][Section 60 Amended by No. 56 of 1984, s. 5 ][Section 60 Amended by No. 49 of 1985, s. 3 and Sched. 1 ][Section 60 Amended by No. 42 of 1991, s. 113 ][Section 60 Amended by No. 25 of 1994, s. 42 ][Section 60 Amended by No. 95 of 1980, s. 7 ][Section 60 Amended by No. 25 of 1994, s. 42 ][Section 60 Amended by No. 95 of 1980, s. 7 ][Section 60 Amended by No. 42 of 1991, s. 113 ][Section 60 Amended by 10 Geo. VI No. 42, s. 13 and Sched. 1 ][Section 60 Renumbered by No. 36 of 1958, s. 4 and Sched. 3 ][Section 60 Amended by No. 25 of 1994, s. 42 ]

(1)  The Governor, on the recommendation of the corporation, may make regulations generally for carrying out the provisions of this Act, and in particular –

(a) prescribing the qualifications and duties of employees;

(b) prescribing the powers and duties of timber classification officers and any other matter relating to the appointment or employment of timber classification officers;

(c) regulating the management of State forests and forests on other Crown lands, and the cutting, removal, hewing, sawing, or other methods of conversion of timber or other forest produce;

(d) regulating the form of permits, licences, leases, contracts of sale (including wood supply agreements) and other instruments under this Act;

(e) regulating the form of applications for, and transfers and surrenders of, permits, licences, leases, contracts of sale (including wood supply agreements) and other instruments under this Act;

(ea) prescribing the periods for which permits may be granted, the terms for which licences and leases may be issued, and the terms for which contracts of sale may be entered into;

(eb) regulating the manner of applying for permits, licences, and leases and the terms and conditions under which permits, licences, and leases shall be held, transferred, determined, cancelled, surrendered, or withdrawn;

(f) providing for and regulating the granting of leases for the purpose of forest holdings;

(g) prescribing the procedure for the sale by auction or by tender of forest produce, and enabling upset prices or minimum royalties to be fixed;

(h) prescribing the fees or deposits to be paid with any application or tender;

(i) prescribing –

(i) the amount of minimum prices or rates of royalty to be paid in prescribed cases;

(ii) the rents, fees, dues, and charges payable in respect of permits, licences, and leases;

(iii) the fees and charges payable in respect of contracts of sale;

(iv) that, in respect of permits, licences, and leases held in connection with prescribed industries, special and differential rents, royalties, fees, dues, and charges shall be payable; and

(v) that, in respect of contracts of sale entered into in connection with prescribed industries, special and differential royalties, fees, and charges shall be payable;

(ia) providing that, notwithstanding paragraph (i) , rents, fees, dues or charges payable in respect of permits, licences or leases may, in prescribed cases, be determined wholly or in part –

(i) by the Valuer-General or any other valuer who holds a practising certificate under the Valuers Registration Act 1974 ; or

(ii) by agreement between the corporation and the holder of the permit, licence or lease;

(ib) prescribing the method of measuring any kind or species of forest produce specified in the regulations for the purpose of determining the royalties payable in respect of that kind or species;

(j) providing in respect of all timber and forest produce, whether from Crown land or from private property, for the making of declarations or statements in writing as to the quantity and description of timber and forest produce obtained, held, removed, sawn, or otherwise treated, consigned, or exported, and as to the place where any timber or forest produce was obtained, and as to the place to which it was or is intended to be consigned, and prescribing the time within which such declarations or statements shall be made, and imposing penalties for refusing to make any such declaration or statement;

(k) regulating the exercise of the powers conferred by permits, licences, and leases and any matters incidental thereto, including the protection and preservation of timber and other growth, and regulating the cutting, marking, and removing of timber and other forest products;

(l) providing for the inspecting of timber and other forest produce for export and for local use, and prescribing the forms and certificates to be used, the fees to be paid, and the brands or marks to be used;

(m) prescribing rules for the grading of timber for export and for local use;

(n) prohibiting the cutting of reserved trees;

(o) prescribing the kinds, sizes, and quantities of any timber or forest produce which may be cut or removed in or from any State forest, and prohibiting the removal of any forest produce until branded by a forest officer if so prescribed;

(p) prescribing the mode in which any forest produce is to be branded or marked, and the mode in which such brands or marks shall be registered in the corporation;

(q) prohibiting the counterfeiting, defacing, or obliterating of brands or marks placed on trees, timber, or other forest produce by forest officers;

(r) requiring the registration of brands by all timber-workers operating in State forests or other Crown lands under licences, and prescribing the manner of and the fees to be paid for such registration;

(s) requiring every person who is the holder of a permit or licence or the purchaser under a contract of sale to produce for inspection by the corporation or a person acting under its authority every book of account, mill return, and other document connected with that permit, licence, or contract of sale;

(t) prescribing the books and records to be kept and the returns to be made by persons working or acting in the management of sawmills, or taking delivery of timber or products;

(u) regulating or prohibiting the burning-off of forest produce, and the lighting and use of fires within any State forest or within any specified portion thereof;

(v) prescribing means for fire prevention and protection in State forests and regulating traffic thereon;

(w) enabling forest officers to stop people and vehicles and to detain or seize any forest produce –

(i) within State forest or Crown land other than State forest; or

(ii) on any public road;

(x) regulating the establishment of Government timber depots, and prescribing the terms and conditions for the use of same;

(y) requiring every person who is the holder of a permit or licence, the purchaser under a contract of sale, or the owner of a private forest to register in the corporation's office and retain the use of a brand whereby timber cut in, or proceeding from, his holding or cut pursuant to the contract may be distinguished from any other timber and prescribing the manner of, and the fees to be paid for, that registration;

(z) providing for the registration and approval of sawmills and for the monitoring and inspection of sawmilling operations, prescribing registration and approval fees, prescribing penalties in respect of non-approved sawmills, providing that the corporation may, either generally or in specified circumstances, refuse to make forest produce available to sawmills that the corporation is satisfied have operated or are operating in breach of the conditions of an approval;

(za) .  .  .  .  .  .  .  .  

(zb) prescribing the conditions under which, and the period for which, the obligations of the holder of a permit to perform any conditions thereof, may be suspended;

(zc) prescribing the manner and form of application under section 33 , and the conditions under which such applications may be made and the procedure on such applications;

(zd) making provision for or with respect to –

(i) the prohibition or control of the bringing of any conveyance or thing (including a living thing) into, or over, or the use or possession in or over, a forest reserve or part thereof or other land within a State forest or land to which a forest management plan applies;

(ii) the exclusive use of any road or other improvement in a forest reserve or other land within a State forest or in land to which a forest management plan applies by such persons or conveyances, or such classes of persons or conveyances, as are prescribed or as are determined by the corporation;

(iii) the use of any improvement referred to in subparagraph (ii) by such persons or conveyances, or such classes of persons or conveyances, as are prescribed or as are determined by the corporation, and prescribing restrictions and conditions subject to which that improvement may be used by any other persons, conveyances, or classes of persons or conveyances as are prescribed or as are determined by the corporation;

(iv) the conduct of members of the public in forest reserves or lands to which forest management plans apply;

(v) the preservation or protection of the fauna or flora in forest reserves or lands to which forest management plans apply;

(vi) the prevention of damage or injury to forest reserves or lands to which forest management plans apply or to any property or other things in them;

(vii) the preservation or protection of the property or other things in forest reserves or lands to which forest management plans apply; and

(viii) the prohibition or control of the removal of any property or other things from forest reserves or lands to which forest management plans apply; and

(ze) authorizing a forest officer or other prescribed person who finds a person offending against the provisions of the regulations made for the purposes of paragraph (zd) to require that person to leave the forest reserve, other land within a State forest, or land to which a forest management plan applies in which he is so found offending and providing that, if such a person refuses to do so, or does not do so with reasonable expedition, he is guilty of an offence against those regulations; and

(zf) providing that –

(i) prescribed sporting and other recreational activities; and

(ii) tourism and other commercial activities not related to the forest industry –

must not be conducted on forest roads or in State forest generally except with, and in accordance with, the permission of the corporation; and

(zg) providing that the corporation may grant its permission for the purposes of paragraph (zf) subject to the payment of such charges, and the giving of such guarantees and indemnities, as the corporation considers reasonable having particular regard to any need to provide special facilities in connection with the relevant activity or to make good any disturbance or damage to forest roads likely to be caused by that activity; and

(zh) providing that, in each year, the corporation must aim to make available from multiple use forest land such quantity as may be prescribed in respect of prescribed timbers.

(1A)  [Section 60 Subsection (1A) inserted by No. 25 of 1994, s. 42 ]Regulations made under paragraphs (d) or (e) of subsection (1) may confer powers and discretions on the corporation in relation to the matters referred to in those paragraphs.

(2)  [Section 60 Subsection (2) substituted by No. 75 of 1975, s. 47 ]Any regulations made under paragraph (zd) of subsection (1) –

(a) may confer powers and discretions on the corporation and on forest officers and other prescribed persons in relation to the matters referred to in that paragraph; and

(b) may apply generally to forest reserves, other lands within State forests, or lands to which forest management plans apply or to a specified forest reserve or other land within a State forest or to land to which a specified forest management plan applies.

(2A)  [Section 60 Subsection (2A) inserted by No. 75 of 1975, s. 47 ]For the purposes of subsection (1) (zd) , conveyance means any vehicle, vessel, or aircraft, or any other contrivance intended for the carriage of persons or goods over land or water or in the air.

(2B)  [Section 60 Subsection (2B) inserted by No. 75 of 1975, s. 47 ]The regulations may impose a fine not exceeding 20 penalty units for an offence against the regulations or for a contravention or failure to comply with any provision, term, or condition contained in a permit, licence, lease, contract of sale or forest management plan.

(2C)  [Section 60 Subsection (2C) inserted by No. 42 of 1991, s. 113 ]Regulations made under this Act for the purpose of prescribing specifications in respect of any kind of timber may adopt by reference all or any of the provisions of any other regulations made under this Act.

(3)  [Section 60 Subsection (3), formerly (2) inserted by 6 Geo. VI No. 22, s. 3 ]Where minimum prices or rates of royalty are prescribed, the corporation in any case may determine by what percentage, if any, such prices or rates shall be increased having in view the estimated quality and value of the standing timber and its comparative accessibility; and the prices or rates as so increased shall be payable in such case.

SCHEDULE 1 - Forests and forest industry guidelines

[Schedule 1 Substituted by No. 42 of 1991, s. 114 ]

Section 4 (1)

1.   Iterative assessments of the conservation values of deferred forest land are to be carried out to determine –

(a) which areas do not qualify for deferred forest land status and should be transferred to the Register of Multiple Use Forest Land; and

(b) which areas should remain in the Register of Deferred Forest Land awaiting productivity improvements, and in what order of priority.

2.   Decisions on permanent exclusion of wood production from deferred forest land are not to be made until productivity increases have been achieved that will take the sustainable yield of eucalypt veneer and eucalypt sawlog beyond 317 000 cubic metres a year.

3.   Productivity increases are to be shared between permanent exclusion from wood production and additional wood supply once the target of 317 000 cubic metres has been achieved.

SCHEDULE 2 - Directors

[Schedule 2 Inserted by No. 42 of 1991, s. 114 ][Schedule 2 Substituted by No. 25 of 1994, s. 43 ]

Section 12E(4)

1.   Term of office

(1) A director, other than the chief executive officer, holds office for such term, not exceeding 5 years, as is specified in the instrument of appointment.

(2) A person is not eligible to be appointed as a director, other than as the chief executive officer, if –

(a) the person has served 3 consecutive terms of office as a director; or

(b) if the person has attained the age of 72 years.

(3) For the purpose of subclause (2) , an appointment to a vacant office under clause 8 (2) is not a term of office as a director.

2.   Conditions of appointment

(1) A director, other than the chief executive officer, is entitled to be paid the remuneration and allowances determined by the Minister from time to time.

(2) A director, other than the chief executive officer, holds office on such conditions in relation to matters not provided for by this Act as are specified in the instrument of appointment.

(3) In subclause (2) , matters includes superannuation.

3.   Devotion of whole time to duties

(1) Where the holder of an office under an Act is required, by or under any Act, to devote the whole of his or her time to the duties of that office, that requirement does not operate to disqualify the holder from holding that office in conjunction with the office of a director who is not the chief executive officer.

(2) A director, other than the chief executive officer, may hold the office of director in conjunction with a position or office held under the Tasmanian State Service Act 1984 .

4.    Tasmanian State Service Act 1984 inapplicable

The Tasmanian State Service Act 1984 does not apply in relation to a director.

5.   Leave of absence

The Board may grant leave of absence to a director on such conditions as the Board considers appropriate.

6.   Resignation

A director, other than the chief executive officer, may resign by signed notice given to the Minister.

7.   Removal of director

(1) On the recommendation of the Minister, the Governor may remove a director, other than the chief executive officer, from office if –

(a) the director has benefited from, or claimed to be entitled to benefit from, a contract made by or on behalf of the corporation, other than a contract for a service ordinarily supplied by the corporation and on the same terms as that service is ordinarily supplied to other persons in the same situation; or

(b) the director fails to disclose a pecuniary interest as required under clause 7 of Schedule 2 ; or

(c) the director has been convicted of an offence under this Act; or

(d) the director has been convicted, in Tasmania or elsewhere, of an offence punishable by imprisonment for 12 months or longer; or

(e) the Governor considers that the director is physically or mentally incapable of continuing as a director; or

(f) the Governor considers that the director is unable to perform adequately or competently the functions of the director's office; or

(g) the director becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of his or her remuneration or estate for their benefit; or

(h) the director is absent from 4 consecutive meetings of the Board without leave of absence; or

(i) the director attains the age of 72 years.

(2) Before making a recommendation to the Governor that a director be removed from office under subclause (1) (f) , the Minister must –

(a) cause a statement specifying the reasons for that recommendation to be laid before each House of Parliament; and

(b) provide a copy of that statement to the director to whom it relates.

(3) If a House of Parliament is not sitting when the Minister seeks to lay a document before it in accordance with subclause (2) (a) –

(a) the Minister must provide the statement to the Clerk of that House; and

(b) the Clerk of that House must cause a copy of that document to be laid before that House on its next sitting day; and

(c) for the purposes of subclause (2) and the printing and publication of the statement, that document is taken to have been laid before that House when it was provided to the Clerk.

8.   Filling of vacancy

(1) A director, other than the chief executive officer, vacates office if he or she –

(a) dies; or

(b) resigns; or

(c) is removed from office under clause 7 .

(2) On the recommendation of the Minister, the Governor may appoint a person to a vacant office of director for the residue of the predecessor's term of office.

9.   Defect does not invalidate appointment

An appointment of a person as a director is not invalid merely because of a defect or irregularity in relation to the appointment.

SCHEDULE 3

[Schedule 3 Inserted by No. 25 of 1994, s. 43 ][Schedule 3 Repealed by No. 52 of 1995, s. 3 and Sched. 1 ]

SCHEDULE 4

[Schedule 4 Inserted by No. 25 of 1994, s. 43 ][Schedule 4 Repealed by No. 52 of 1995, s. 3 and Sched. 1 ]