Forestry Act 1916 Forestry Regulation 1994 (1994-416) [GG No 108 of 26.8.1994] (NSW)

1994—No. 416

FORESTRY ACT 1916—REGULATION

(Forestry Regulation 1994)

NEW SOUTH WALES

[Published in Gazette No. 108 of 26 August 1994]

HIS Excellency the Governor, with the advice of the Executive Council, and in pursuance of the Forestry Act 1916, has been pleased to make the Regulation set forth hereunder.

GEORGE SOURIS, M.P.,

Minister for Land and Water Conservation.

PART 1—PRELIMINARY

Citation

1. This Regulation may be cited as the Forestry Regulation 1994.

Commencement

2. This Regulation commences on 1 September 1994.

Definitions

3. In this Regulation:
“approved” means for the time being approved by the Commission;

“authorised officer” means:

(a) a person authorised by the Commission in writing; or

(b) an employee of the Commission directed by the Commission in writing,

to exercise the function conferred or imposed on an authorised officer by the provision of this Regulation in which the expression is used;

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“contractor’s licence” means a contractor’s licence issued under clause 48;

“District” means a part of a region designated for the time being by the Commission as a District for the purposes of the administration of the Act;

“District Forester” means the person for the time being in charge of the forestry administration of a District;
“Eastern and Central Division” has the meaning given by the Crown Lands Act 1989;

‘‘employee of the Commission” includes an officer or other person appointed by the Governor under section 10 of the Act;
“exercise’’ of a function includes the performance of a duty;

“flammable matter” includes vegetable matter whether it is still

growing or not;

“function” includes a power, authority or duty;

“General Manager” (of a Region) means the person for the time

being responsible for the forestry administration of the Region;

“machine” means a device powered by an internal combustion engine, and includes a motor vehicle, a stationary engine, a chainsaw and felling, logging, welding or road making equipment;

“operator’s licence” means an operator’s licence issued under clause

48;

“permit” means a permit granted by the Commission under the Act; “prescribed fee”, in relation to a licence, permit or other matter

specified in Column 1 of Schedule 1, means the amount specified in Column 3 of that Schedule opposite the description of the licence, permit or other matter;

“Region” means a part of New South Wales that the Commission has for the time being designated as a Region for the purpose of administering the Act;

“sale agreement” means an agreement in force under section 11 (1) (m) (i) of the Act;

“the Act” means the Forestry Act 1916;

“the Commission” means the Forestry Commission of New South

Wales;

“Western Division” has the meaning given by the Crown Lands Act

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Matters to be prescribed for the purposes of the Act

4. (1) For the purposes of section 10A (1) (d) of the Act, the following are prescribed as persons or classes or descriptions of persons to whom the Commission may delegate its functions:

(a)	in relation only to the function of the Commission under section 27G of the Act (except in respect of State forests and timber reserves)—any person for the time being employed in the Department of Conservation and Land Management;
(b)	in relation only to the function of the Commission under section 301 of the Act:

(i) any public servant; and

(ii) any police officer; and
(iii) the spouse of any police officer.

(2) For the purposes of section 25E (3) of the Act, the prescribed period is 12 months.

(3) For the purposes of section 251 (1) of the Act, the prescribed form is a form that is in accordance with Form 1 in Schedule 2.

(4) For the purposes of paragraph (e) of the definition of “structure” in section 35A (1) of the Act, the following are prescribed objects:

(a) implements, machinery, tanks, troughing, piping, stands, components of a building, containers, pipes, slabs and fabricated structures; and

(b) any parts of those objects.

Notes.

(a)	Section 10A of the Act authorises the Commission to delegate the exercise or performance of specified powers, authorities, functions and functions to a “prescribed person” or a member of a “prescribed class or description” of persons.
(b)	Section 25D of the Act empowers the Minister, on the recommendation of the Commission, to declare specified Crown lands not to be subject to section 25E or 25F of the Act (which respectively place restrictions of granting applications to purchase land that is subject to prescribed leases from the Crown and specify the Crown’s rights to timber and products on purchase-tenure land). The expressions “timber” and “products” are defined in section 4 of the Act.
(c)	Section 25I of the Act requires the Commission to execute a certificate releasing land from a profit a prendre in specified circumstances (such as when the relevant timber or products have been worked out).
(d)	Section 27G of the Act empowers the Commission to issue clearing licences to clear trees (not having economic value) from certain Crown-timber lands.

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(e)	Section 301 of the Act allows the Commission to authorise a person to take small quantities of timber, products or forest materials from land within certain State forests or to take small quantities of timber or products from Crown lands.
(f)	Section 35A of the Act empowers the Commission to have unauthorised structures removed from a State forest, timber reserve or flora reserve.

PART 2—ESTABLISHMENT AND ORGANISATION OF STATE

FORESTS AND FLORA RESERVES

State forests to be named

5. The Commission must ensure that every State forest (including a State forest constituted under section 18 (2A) of the Act) has a distinctive name and a distinctive number.

State forest to be managed in accordance with a management plan

6. (1) Following appropriate investigation and survey work, the Commission must ensure that every State forest is managed in accordance with an approved management plan. The management plan may be either for the State forest concerned or for that State forest together with other State forests or other nearby Crown-timber land.

(2) The Commission must not approve a management plan unless the plan specifies:

(a)	the forest management strategy to be adopted by the Commission in relation to the forest; and
(b)	subject to the Act, the conditions under which any timber, products or forest materials may be taken from the forest and the conditions subject to which the forest may otherwise be used.

(3) The Commission must ensure that the management plan for a State forest is departed from only with its approval.

Flora reserves to be named

7. The Commission must ensure that every flora reserve has a distinctive name and a distinctive number. This clause applies whether or not the reserve comprises land dedicated as a State forest.

Is the public entitled to have access to plans?

8. The Commission must ensure that copies of approved management plans for State forests and of the working plans for flora reserves:

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(a)	are kept at the offices of the District Forester for the District and the General Manager for the Region in which the State forest or flora reserve is situated and at the office of the Commission; and
(b)	are available for inspection by members of the public at those offices during the normal business hours of the Commission.

PART 3—CONTROL AND MANAGEMENT OF STATE FORESTS, TIMBER RESERVES AND FLORA RESERVES

Division 1—Preliminary

“Forestry area” defined

9. In this Part, “forestry area” means a State forest, timber reserve or flora reserve, and includes a part of a forestry area.

Division 2—Control of forestry areas generally

“Authorised officer” defined

10. In this Division, a reference to an authorised officer includes a reference to a police officer.

Can a person be asked to leave a forestry area?

11. (1) A person who:

(a) enters or remains in a forestry area in contravention of the Act or this Regulation; or

(b) while in a forestry area:

(i)  causes annoyance or inconvenience to other persons in the area; or

(ii) otherwise contravenes the Act or this Regulation,

must, on being requested to do so by an authorised officer, leave the area,
or a part of the area specified by the officer.

(2) A person who fails to comply with a request under this clause is guilty of an offence.

Maximum penalty: 20 penalty units.

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When can persons be removed from a forestry area?

12. (1) An authorised officer may remove from a forestry area a

person:

(a)	who has entered or is remaining in the area in contravention of the Act or this Regulation; or
(b)	who is causing annoyance or inconvenience to other persons in the area,

and who fails to leave the area after being requested to do so by the
officer.

(2) The removal of a person under this clause does not prevent the person from being charged with having committed an offence against clause 11.

What powers does the Commission have to control persons and vehicles in a forestry area?

13. (1) The Commission may, by displaying a notice to that effect in a conspicuous position in or in the immediate vicinity of a forestry area, prohibit:

(a) all persons, or all persons of a class specified in the notice; or
(b) all vehicles, or all vehicles of a class so specified,

from entering the area, or a part of the area specified in the notice. The prohibition may be for an indefinite period or for such period or periods as are specified in the notice.

(2) A person who, without the prior permission of the Commission:
(a) enters a forestry area; or

(b) drives a vehicle into a forestry area; or

(c) having entered a forestry area, remains in, or drives a vehicle within, the area,

in contravention of a notice displayed in accordance with subclause (1) is

guilty of an offence.

Maximum penalty: 20 penalty units.
(3) The Commission may, by displaying a notice to that effect in a

conspicuous position in or in the immediate vicinity of a forestry area or a part of a forestry area, fix the maximum speed at which any vehicle, or any vehicle of a class specified in the notice, may be driven or ridden in the area or part.

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(4) A person who, without the prior permission of the Commission,
drives a vehicle in a forestry area in excess of the speed specified in a

notice displayed in accordance with subclause (3) is guilty of an offence.

Maximum penalty: 20 penalty units.
(5) In this clause:

“drive”, in relation to a vehicle. includes ride, take and place the

vehicle;

“vehicle” includes a caravan or other trailer.

Can a forestry area be reserved for separate or exclusive use?

14. (1) The Commission may, by displaying a notice to that effect in a conspicuous position in or in the immediate vicinity of a forestry area, reserve, for such periods as it thinks fit, the area for separate or exclusive use for the purpose of

(a) recreational use and enjoyment; or

(b)	enabling any person to exercise a right or privilege conferred by a licence, permit, forest lease or other authority issued or granted by the Commission; or
(c)	enabling any exercise or activity to be carried on by members of the Commonwealth Defence Forces; or

(d) enabling the Commission to exercise any of its functions.

(2) The Commission may erect or authorise the erection of such

enclosures, gates or ramps as it considers necessary for the purposes of

such a reservation.

Can a person be requested to leave a forestry area?

15. (1) An authorised officer may request a person to leave a forestry

area if:

(a) in the area:

(i)  logging operations or other forest activities are in progress;

or

(ii)  a bushfire is burning or, in the opinion of the Commission or the officer, conditions of high fire danger exist; or

(iii)  the Commission, the officer or another authorised officer is undertaking deliberate or controlled burning of any kind; or

(iv) very wet or windy conditions exist; or

(v) roads have been damaged; and

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(b) the Commission or officer believes that:

(i)  those activities or conditions constitute a danger or potential danger to the safety of persons or property; or

(ii)  there is likely to be conflict with other uses of the area by other persons.

(2) The Commission may erect or cause to be erected such enclosures, gates or ramps as it considers necessary for the purpose of preventing or restricting the entry of persons into the area.

(3) A person who fails to comply with a request under this clause is guilty of an offence.

Maximum penalty: 20 penalty units.

(4) Subclause (3) applies to a person irrespective of any provisions of a lease, licence or permit that the person holds in relation to the forestry area concerned.

Offence to damage forests and reserves

16. (1) A person who, being in a forestry area:

(a) causes damage to, interferes with or destroys vegetation (other than timber); or

(b) obstructs, damages or interferes with a way; or

(c) in a manner that does not involve committing an offence against section 27 (1) (b) of the Act—interferes with material that is not part of a way; or

(d) erects a fence or other obstruction; or

(e) obstructs or interferes with the flow of water in a watercourse; or

(f)	causes damage to, defaces, interferes with or destroys a standard, sign, notice or device erected by the Commission; or
(g)	causes damage to, defaces, interferes with or destroys a building, enclosure, dam or other structure, or plant or equipment, of the Commission or of a lessee or licensee of the Commission,

is guilty of an offence.

Maximum penalty: 20 penalty units.
(2) However, such an offence is not committed if the act in question:

(a) is done with the prior consent of the Commission; or

(b) is authorised by a licence, permit, forest lease or other authority issued or granted under the Act or this Regulation or under some other law.

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(3) Damaged caused to a way is not an offence against subclause (1)

(b) if it was a natural consequence of travelling over the way.

(4) In this clause:
“material” includes soil, sand and gravel;
“way” includes a road, track, trail, bridge and causeway.

Note. Section 27 of the Act creates certain offences relating to timber, products and forest materials on Crown-timber lands. The expressions “timber”, “products” and “forest materials” are defined in section 4 of the Act.

Division 3—Control of fire

Definitions

17. In this Division:

“fire” means combustion of any kind, whether burning gas or liquid or

solid fuel;

“fireplace” means the site or location in which a fire is lit and
includes a naturally occurring site and a fixed or portable barbecue.

Offence to leave lighted tobacco product or lighted match in a forestry area

18. A person who leaves or deposits in a forestry area a lighted cigarette or other lighted tobacco product or a lighted match is guilty of an offence.

Maximum penalty: 20 penalty units.

Offence to light fire for an unauthorised purpose

19. A person who lights, maintains or uses a fire in a forestry area, or
causes a fire to be lit, maintained or used in a forestry area, for a purpose

other than a purpose authorised by this Division is guilty of an offence.

Maximum penalty: 20 penalty units.

Can a fire be lit in a forestry area for cooking or other purposes?

20. (1) A person may light, maintain or use a fire in a forestry area, or cause a fire to be lit, maintained or used in such an area, for the purpose of cooking, heating, preparing meals or boiling water or for personal warmth or repairing tools or for a similar purpose, but only:

(a) if:

(i)  the site of the fire at any point is at least 4.5 metres from the nearest log, stump or tree; and

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(ii)  the ground within 1.5 metres of the site of the fire at all points is cleared of all flammable matter; and

(iii)  the fire is lit in a fireplace of a kind approved by an authorised officer; or

(b) if the fire is authorised by a special purposes permit or an

authorised officer; or

(c) if the fire is lit in a place within a building, or a caravan or other vehicle, located in a forestry area if the place is specially constructed for containing a fire.

(2) A person who, for the purpose referred to in subclause (1):

(a) lights, maintains or uses a fire in a forestry area; or
(b) causes a fire to be lit, maintained or used in such an area,

otherwise than in accordance with that subclause is guilty of an offence. Maximum penalty: 20 penalty units.

Can a fire be lit in a forestry area to process timber, products or materials?

(1) A person may light, maintain or use a fire in a forestry area, or cause a fire to be lit, maintained or used in such an area, for the purpose of processing timber, products or forest materials, but only if the land within 30 metres (or such other distance as may be specified or allowed by an authorised officer in the particular case) of all points of the site of the fire:

21.

(a) has been cleared of all flammable matter; and
(b) is kept cleared of that material until the fire has been extinguished.
(2) A person who, for the purpose specified in subclause (1):
(a) lights, maintains or uses a fire in a forestry area; or
(b) causes to be lit, maintained or used a fire in a forestry area,

otherwise than in accordance with that subclause is guilty of an offence.

Maximum penalty: 20 penalty units.
(3) This clause is subject to clause 22.

Can a fire be lit in a forestry area to destroy waste material?

22. (1) A person may, for the purpose of destroying waste resulting from the processing of timber, products or forest materials, light, maintain or use a fire in a forestry area, or cause a fire to be lit, maintained or used in such an area, in the open air, but only if:

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(a)	the fire is lit in an incinerator from which the escape of all sparks, incandescent and burning material is prevented; or
(b)	if an authorised officer is satisfied that such an incinerator is not available—the fire is lit with the permission of, and in accordance with the written conditions specified by, the officer.

(2) A person who, for the purpose specified in subclause (1):
(a) lights, maintains or uses a fire in a forestry area; or
(b) causes a fire to be lit, maintained or used in such an area,

otherwise than in accordance with that subclause is guilty of an offence. Maximum penalty: 20 penalty units.

Can a fire be lit in a forestry area to clear vegetation or to make a firebreak?

23. (1) A person may at any time light, maintain or use a fire in a forestry area, or cause a fire to be lit, maintained or used in such an area, for the purpose of clearing trees, grass or other vegetation or other material or for burning a firebreak, but only if:

(a)	the person has obtained authority to do so from an authorised officer; and
(b)	the fire is lit, maintained and used in accordance with the conditions specified by such a person.

(2) A person who lights. maintains or uses a fire in a forestry area, or causes a fire to be lit, maintained or used in a forestry area, for a purpose referred to in subclause (1) is guilty of an offence unless paragraphs (a) and (b) of that subclause have been complied with.

Maximum penalty: 20 penalty units.

(3) This clause does not apply to an employee of the Commission

acting in the execution of the employee’s duty.

Offence to use a machine in a forestry area unless precautions taken

24. (1) A person who in a forestry area drives. uses or controls a machine is guilty of an offence, unless:

(a)	a spark arrester that is in a serviceable condition is securely fixed to the exhaust of the machine; and
(b)	the fuel, electrical and braking systems and all combustion chambers, manifolds, exhaust pipes and expansion chambers of the machine and their joints are in all respects in safe working order; and

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(c) the machine is free of surplus oil, dust impregnated with oil and vegetable matter.

Maximum penalty: 20 penalty units.
(2) In subclause (1) (a), “machine” does not include a motor vehicle.

Offence to store liquid fuel in a forestry area unless precautions taken

25. (1) A person who, while in a forestry area, stores liquid fuel is guilty of an offence, unless the fuel is stored:

(a)	under, or for the purposes of carrying out an activity authorised by, a licence, permit or other authority issued or granted by the Commission; and
(b)	in accordance with any conditions relating to the storage of liquid fuel imposed by the licence, permit or authority.

Maximum penalty: 20 penalty units.

(2) This clause does not apply to liquid fuel stored in the fuel tank of a

machine .

Offence to refuel machine near flammable vegetation

26. A person must not, while in a forestry area, refuel a machine except at a location where the ground is clear of all flammable vegetation for a distance of at least 1.5 metres from every part of the machine.

Maximum penalty: 20 penalty units.

Can dangerous operations in a forestry area be stopped?

27. (1) An authorised officer who believes that a machine that is in such mechanical condition as to create a danger of fire:

(a) is being used in a forestry area; or
(b) is being used in such a way as to create such a danger,

may require the person who is using the machine to stop using it until such time as an authorised officer considers it can be safely used without creating such a danger.

(2) A person who fails to comply with a requirement made to the person under this clause is guilty of an offence.

Maximum penalty: 20 penalty units.
(3) In this clause, “using” includes operating.

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What measures are to be taken to prevent fire from occurring in a forestry area?

28. (1) If a building or group of buildings located in a forestry area are used in connection with forest operations, a person who is carrying on forest operations in the area must:

(a) surround the building or group of buildings with a road or fire break that is cleared of all flammable material to a width of not less than 4.5 metres; and

(b) ensure that the road or fire break is adequately maintained; and

(c) carry out or cause to be carried out such burning or other protective operations in the vicinity of the building or group of buildings as an authorised officer directs from time to time; and

(d) ensure that:

(i)  all flammable material lying within 1.5 metres of the building or group of buildings is removed; and

(ii) the area is kept clear of all flammable matter.

(2) A person who fails to comply with this clause is guilty of an offence.

Maximum penalty: 20 penalty units.
(3) In this clause:
“building” includes a hut, tent, caravan and temporary dwelling;
“forest operations” includes sawmilling and logging.

Can a person be directed to stop carrying on an activity in a forestry area?

29. (1) An authorised officer may direct a person to stop carrying on an activity in a forestry area if the officer believes that the weather conditions are such that continuance of the activity is likely to cause ignition or the spread of fire.

(2) A person to whom such a direction has been given must:

(a) immediately comply with the direction; and

(b) must not resume the activity until an authorised officer has permitted it to be resumed.

(3) A person who contravenes subclause (2) is guilty of an offence.
Maximum penalty: 20 penalty units.

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(4) This clause applies to a person to whom a direction under this clause is given even if the direction is inconsistent with the conditions or limitations specified in a licence, permit, forest lease or other authority issued or granted to the person under the Act or this Regulation.

When must a person extinguish a fire in a forestry area?

30. (1) A person who has lit or used a fire in a forestry area must not leave the site of the fire, temporarily or otherwise, unless the fire is completely extinguished or unless another person has undertaken to remain at that site and to tend the fire or completely extinguish it.

(2) A person does not contravene subclause (1) only because he or she
leaves the site of the fire temporarily in order to report the escape or
escalation of the fire to an employee of the Commission or to obtain help.

(3) A person who has lit or used a fire in a forestry area must, if directed to do so by an authorised officer, take all reasonable steps to extinguish the fire.

(4) A person who has lit or is using a fire in a forestry area must, if the fire escapes from the site where it was lit or escalates so as to endanger any other person or any property, immediately take all reasonably practicable measures to ensure that the fire is extinguished.

(5) A person who contravenes a provision of this clause is guilty of an offence.

Maximum penalty: 20 penalty units.

What duties do holders of written authorities have in a forestry area?

31. (1) A person who holds a licence, permit or forest lease in respect of part of a forestry area, or who is acting in accordance with an authorisation in force under section 30I of the Act which relates to a forestry area:

(a)	must take all reasonable precautions to prevent unauthorised damage by fire to the area; and
(b)	must, on becoming aware of an outbreak of fire within the area, ensure that the outbreak is immediately reported to an employee of the Commission; and
(c)	must attempt to extinguish the fire or, if it cannot be extinguished, must attempt to prevent the fire from spreading.

(2) A person who fails to comply with a requirement of this clause is guilty of an offence.

Maximum penalty: 20 penalty units.

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Division 4—Camping

Can camping in a forestry area be prohibited?

32. (1) The Commission may, by displaying a notice to that effect in a

conspicuous position in or in the immediate vicinity of a forestry area:

(a) prohibit persons from camping in the area; or

(b) permit persons to camp in the area but only in accordance with conditions specified in the notice.

(2) An authorised officer may give directions to a person who is camping or proposing to camp in the forestry area as to the number of persons who are allowed to camp and as to the location or removal of the camp. The directions must not be inconsistent with the conditions specified in the notice displayed in relation to that area.

(3) A person who contravenes:

(a) a prohibition or conditions specified in a notice displayed in accordance with subclause (1); or

(b) a direction given in accordance with subclause (2),

is guilty of an offence.

Maximum penalty: 20 penalty units.

Can charges for camping in forestry areas be imposed?

33. (1) The Commission:

(a)	may impose and collect charges for camping in a forestry area; and
(b)	may display notices at or in the vicinity of a road that provides access to the area to the effect that persons are prohibited from camping in the area unless they have paid to the Commission or an authorised officer the requisite camping charge.

(2) If a notice is displayed in accordance with subclause (1) in relation to a forestry area, a person must not camp in the area, unless the requisite camping charge has been paid to the Commission or to an authorised officer.

Maximum penalty: 20 penalty units.

(3) A court may, in addition to imposing a penalty for a contravention

of this clause, make an order for the payment of the charge to which the
contravention relates.

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PART 4—LICENCES, PERMITS AND FOREST LEASES Division 1—Provisions applicable to all written authorities

Definition

34. In this Division:

“written authority” means any of the following:

• a timber licence;
• a products licence;
• a forest materials licence;
• a contractor’s licence;
• an operator’s licence;
• a sawmill licence;
• a clearing licence;

• a grazing permit;

• an occupation permit to occupy land for a purpose specified in section 31 (1A) of the Act;

• a forest lease of land within a State forest;

• a hunting permit in respect of land referred to in section 32B of the Act;

• a special purposes permit in respect of land referred to in section 32F (2) of the Act.

Where is an application for a written authority to be lodged?

35. (1) Except as otherwise provided by this clause, an application for a written authority relating to Crown-timber land must be lodged at the office of the District Forester for the District in which the land is located. However, an application for a special purposes permit to authorise the carrying out of an activity referred to in clause 59 (1) (d) may be lodged at the office of the Wood Technology and Forest Research Division of the Commission.

(2) An application for a sawmill licence must be made to the Commission.

(3) An application for a clearing licence to clear trees from Crown-timber land in the Western Division (other than Crown-timber land that is a State forest or timber reserve) must be lodged at the office

of the Western Lands Commissioner.

(4) Applications for written authorities may also be lodged at any other office approved by the Commission.

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In what form must an application for a written authority be?

36. (1) An application for a written authority must be made in the approved form, except as otherwise provided by this clause.

(2) An application for a clearing licence to clear trees from Crown-timber land in the Western Division (other than Crown-timber land that is a State forest or timber reserve) is not required to be in an approved form but must be made in writing.

(3) An application for a special purposes permit is not required to be in an approved form but must be in writing and must specify:

(a)	the kind of activity to be carried out under the permit; and
(b)	the place at which, and the period during which, it is to be carried out; and
(c)	if applicable, the number of participants and the route to be taken; and
(d)	such other particulars as the Commission considers necessary to determine the application.

(4) An approved form of an application containing directions for its completion must be completed in accordance with those directions.

(5) The Commission may also require an applicant for a written authority to provide it with such further particulars with respect to an application as it considers necessary to determine the application.

(6) The Commission may refuse an application for which a form of application is required if:

(a) subclause (4) is not complied with; or

(b)	a requirement under subclause (5) is not complied with within a reasonable period; or
(c)	the application is not accompanied by any application fee required by this Regulation to accompany the application.

In what cases do application fees have to be paid?

37. (1) An application:

(a) for a sawmill licence; or

(b) for a hunting permit in respect of land referred to in section 32B

of the Act; or

(c) for a forest lease of land within a State forest,

must be accompanied by the prescribed application fee.

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(2) An application for an occupation permit to occupy land for a purpose specified in section 31 (1A) of the Act must be accompanied by the prescribed application fee, unless the Commission waives payment of that fee.

(3) If an application referred to in subclause (1) is refused or withdrawn, the Commission may nevertheless retain the application fee or such part of it as the Commission determines.

When is the fee for a written authority to be paid?

38. (1) The prescribed fee for a written authority must be paid before the authority is issued or granted.

(2) The Commission may, as a condition of issuing a grazing permit, require the payment of a fee for agistment, as assessed by the Commission.

Can the Commission refuse to issue a written authority?

39. (1) The Commission may refuse to issue or grant a written authority for any reason that it considers appropriate.

(2) In particular, the Commission may refuse an application for the issue, grant or renewal of a written authority, unless the applicant has deposited with it an amount of money as a guarantee for the payment of any mount (other than a penalty) that may become payable to the Crown or the Commission as a consequence of a contravention of any of the conditions or limitations of the authority.

In what form is a written authority to be?
40. (1) A written authority is to be in a form determined by the Commission, subject to this clause.

(2) A timber licence, products licence or forest materials licence must describe the locality from which the relevant timber, products or forest materials specified in the licence is or are authorised to be taken.

(3) A grazing permit must specify:

(a) the number and kind of animals to be agisted on the land described in the permit; and

(b) the weekly rate of agistment per head.

Can a written authority be varied?
41. (1) The Commission may, by notice in writing served on the
holder of a licence, add conditions or limitations to, or vary or revoke any

1994—No. 416

existing conditions or limitations of, the licence. However, any conditions or limitations so added or varied are void in so far as they are inconsistent with conditions or limitations of the licence imposed by the Act or by this Regulation.

(2) A notice served under this clause may be served personally or by post but is not effective until 1 month after the day of service.

Can a written authority be transferred?

42. (1) An application for the Commission’s consent to the transfer of a written authority in accordance with section 34 of the Act must:

(a) be made in the approved form; and

(b) be lodged at the office of the District Forester for the District in which the land or sawmill to which the application relates is located; and

(c) be accompanied by the prescribed consent fee; and
(d) such stamp duty (if any) as is payable in relation to the transfer.

(2) The Commission may require the written authority concerned to be

lodged with an application or at some later time.

(3) An application can be withdrawn at any time before the
Commission notifies the transferor that the consent has been granted.
(4) If an application is withdrawn, the Commission may, at its

discretion, retain all or part of the prescribed application fee towards

meeting any costs incurred in dealing with the application.

Note. Section 34 of the Act provides that a licence, permit or forest lease is transferable only with the consent of the Commission.

Can consent to a transfer of a written authority be refused? 43. (1) The Commission may refuse consent to the transfer of a

written authority for any reason that it considers appropriate.

(2) In particular, the Commission may refuse its consent to the transfer of a written authority in respect of which the transferor owes an amount to the Commission, unless the Commission is satisfied that arrangements have been made for the payment of that amount.

Commission to record consent to transfer

44. If the Commission consents to the transfer of a written authority, it must record the consent by an appropriate endorsement:

1994—No. 416

(a) either on the authority or by attaching to it a document containing the endorsement; and

(b) in the records of the Commission.

Can a person obtain a duplicate written authority?

45. (1) A person who claims that a written authority of which the person is the holder has been lost or destroyed may apply in writing to the Commission for a duplicate written authority. An application must be accompanied by the fee (if any) fixed by the Commission.

(2) On receipt of such an application, the Commission must, if satisfied:

(a) that the written authority concerned has been lost or destroyed; and

(b) that the applicant is the person entitled to hold that authority, issue the applicant with a duplicate of that authority.

Division 2—Timber, products and forest materials licences

Licence to specify royalty

46. (1) A licence must contain particulars (current at the time of issue of the licence) of the royalty which must be paid, or of the rate or rates at which the royalty must be paid, in respect of the timber, products or forest materials authorised to be taken by the licence.

(2) In this clause, “licence” means a timber licence, products licence or forest materials licence.

Division 3—Contractors’ and operators’ licences

Persons who are not holders of contractors’ or operators’ licences not to be engaged or employed

47. (1) The holder of a timber licence, products licence or forest materials licence, or a party to a sale agreement, must ensure:

(a)	that every timber contractor engaged by the holder to cut, obtain or remove timber, products or forest materials for the purpose of the licence or agreement is the holder of a contractor’s licence; and
(b)	that every person (not being a timber contractor) engaged or employed to cut, obtain or remove timber, products or forest materials for that purpose is the holder of an operator’s licence.

1994—No. 416

(2) A timber contractor who is engaged by the holder of a timber licence, products licence or a forest materials licence, or a sales agreement, for the purpose of the licence or agreement:

(a) must not:

(i) cut, obtain or remove timber, products or forest materials; or

(ii)  authorise or direct any other person to cut, obtain or remove timber, products or forest materials,

for that purpose, unless the contractor is the holder of a

contractor’s licence; and

(b) must not engage or employ any other person to cut, obtain or remove timber, products or forest materials for that purpose, unless the other person is the holder of an operator’s licence.

(3) A person who (not being a timber contractor) is engaged or employed:

(a) by the holder of a timber licence, products licence or forest materials licence; or

(b) by a party to a sale agreement,

must not cut, obtain or remove timber, products or forest materials for the purpose of the licence or agreement, unless the person is the holder of an operator’s licence.

(4) A person who contravenes this clause is guilty of an offence.
Maximum penalty: 20 penalty units.
(5) In this clause:
“employed” means employed under a contract of service;

“engaged” means engaged under a contract for the performance of

services;

“timber contractor” means a person who operates as a contractor to cut, obtain or remove timber, products or forest materials and who engages or employs one or more other persons to perform the work involved.

Commission may issue contractor’s or operator’s licence

48. The Commission may issue a contractor’s licence or an operator’s licence for such period, and subject to such conditions and limitations, as

it thinks fit.

1994—No. 416

Can a contractor’s or operator’s licence be suspended or cancelled? 49. The Commission:

(a)	may suspend the operation of a contractor’s licence or an operator’s licence if it believes on reasonable grounds that a condition or limitation of the licence has been contravened; and
(b)	may cancel the licence if, after giving the holder of the licence an opportunity to be heard, it finds the condition or limitation to have been contravened.

Division 4—Sawmill licences

What does a sawmill licence allow its holder to do?

50. ( 1 ) A sawmill licence authorises the holder, subject to this Regulation and to the conditions and limitations of the licence, to work a mill for the sawing and treatment of timber only at the site specified in the licence.

(2) However, the Commission may, on the application in writing of the holder of the licence to vary the site of the mill specified in the licence, agree in writing to the relocation of that site.

(3) If the Commission has agreed to the relocation of the site of a sawmill to another site, that other site is taken to be the site of the mill specified in the sawmill licence.

What does the holder of a sawmill licence have to do to renew the licence?

51. (1) An application for the renewal of a sawmill licence must be made to the District Forester for the District in which the site of the sawmill is located.

(2) The prescribed fee for renewal of a sawmill licence must be paid before the licence is renewed.

(3) The Commission may refuse to renew a sawmill licence for any

reason that it considers appropriate.

Circumstances in which a non-licensed sawmill can be worked

(1) For the purposes of section 29 (1) (b) of the Act, the prescribed circumstances are that, during the period for which the permission is in force, the person to whom permission is granted will use the timber sawn or treated at the mill concerned only for that person’s own use and not for sale.

52.

1994—No. 416

(2) A person seeking permission for those purposes must apply to the Commission in writing.

(3) The prescribed fee for the permission must be paid before the

permission is granted.

(4) The Commission may refuse to grant the permission for any reason

that it considers appropriate.

Note. Section 29 of the Act prohibits a person from working a mill for sawing or treating timber except under the authority of a sawmill licence or in accordance with the written permission of the Commission.

Division 5—Clearing licences

Is a fee payable for a clearing licence?
53. (1) The Commission may, as a condition of issuing a clearing licence to clear trees from Crown-timber land located in the Eastern and Central Division or from a State forest or a timber reserve located in the Western Division, require the payment of a fee to meet the costs of dealing with the application and to be incurred in supervising the operations to be undertaken under the authority of the licence.

(2) The fee is to be an amount in accordance with a scale prescribed by the Commission, but must not exceed $600.

(3) The following persons are exempt from paying a fee for a clearing licence referred to in subclause (1):

(a)	a rural lands protection board in respect of a clearing licence relating to a travelling stock reserve, stock holding area or stock watering place that is under the board’s control;
(b)	the trustee of a reserve in respect of a clearing licence relating to that reserve;
(c)	a person who applies for a clearing licence for the purpose only of clearing a fence line;
(d)	the owner of purchase-tenure land which is subject to a profit à prendre under section 25F (1) of the Act in respect of a clearing licence for the treatment of any forestry area on which, in the opinion of the Commission, operations under the profit à prendre have been completed;
(e)	a lessee under a lease of land from the Crown, where the licence is issued to enable timber to be cleared in order to allow improvements on the land to be erected in accordance with the conditions of the lease.

1994—No. 416

Note. Section 25F of the Act deals with the Crown’s rights to timber and products on purchase-tenure land. The expressions “timber” and ”products” are defined in section 4 of the Act.

Does a clearing licence authorise further clearing operations?

54.     If:

(a)	the Commission has issued a clearing licence authorising the clearing of trees on Crown-timber lands located in the Eastern and Central Division or on a State forest or timber reserve located in the Western Division; and
(b)	further work is proposed to be carried out within 10 years from the date of issue of the licence for the purpose of keeping the land concerned cleared of trees,

the licence also authorises the holder to carry out that work, but only if

the holder:

(c)	has, before starting the work, notified the Commission of the holder’s intention of carrying out the work; and
(d)	carries out the work in accordance with any directions given by an authorised officer.

Division 6—Occupation permits

Can an occupation permit be suspended?

55. If an occupation permit provides for the payment of rent for a specified period before the beginning of the period, the permit is taken to be suspended during any part of the period for which the rent remains unpaid.

Division 7—Forest leases

Applications to vary the conditions of a forest lease

56. (1) A lessee under a forest lease who wishes to have a condition of the lease varied must apply in writing to the District Forester for the District in which the leased land is located.

(2) Such an application must be accompanied by the prescribed fee. (3) The fee is not refundable to the applicant even if the application is

refused.

1994—No. 416

Can a forest lease be surrendered?
57. The lessee under a forest lease may apply to the Commission in writing to surrender of the lease. The Commission must, on receipt of such an application, accept the surrender of the lease, unless the lessee is in arrears with the payment of rent or is otherwise in breach of the terms

of the lease.

Division 8—Hunting permits

What conditions apply to a hunting permit?

58. (1) It is a condition of a hunting permit that the holder of the permit must not use a means of hunting other than one specified in the permit.

(2) A person claiming to be the holder of a hunting permit must, on demand by a police officer or an employee of the Commission, produce the permit for inspection.

(3) A person who fails to comply with such a demand is guilty of an offence.

Maximum penalty: 20 penalty units.

Division 9—Special purposes permits

Activities prescribed for the purposes of section 32F of the Act

59. (1) For the purposes of section 32F (1) of the Act, the following are prescribed activities:

(a) a trial, rally, water sport or similar activity involving:

(i)  the demonstration of motor vehicles, motorised equipment or water craft of any kind; or

(ii)  competition between participants in the use, control, performance or navigation of any such vehicles, equipment or craft;

(b) a tour, trail-ride, safari or other similar activity conducted for reward (whether or not including camping) involving the use of:

(i) a motor vehicle, aircraft or water craft of any kind; or

(ii) a cycle or a horse or beast of burden,

and designed to make use of the environment or facilities of a
State forest, timber reserve or flora reserve;

1994—No. 416

(c) selling, letting out on hire or otherwise providing (whether or not for profit) goods, services or equipment to visitors to a State forest, timber reserve or flora reserve (except where the selling, letting out on hire or providing is done by a person in accordance with the conditions of a forest lease or an occupation permit);

(d) a research project or a scientific or other investigation or survey;

(e) taking photographs, or making motion pictures, videotape or sound recordings, for advertising or other commercial purposes;

(f) carrying out market research.

(2) However, an activity is not prescribed for the purposes of section 32F of the Act if it is being carried out by a person who is for the time being exempted by the Commission from having to comply with section 32G of the Act in relation to it.

(3) The visit of a tourist vehicle (such as a bus) to a State forest, timber reserve or flora reserve is not an activity so prescribed unless the visit is promoted as featuring the environment or facilities of the forest or reserve.

Note. Section 32F of the Act enables a special purposes permit to be granted authorising its holder to engage in or conduct a “prescribed activity”.

Can a special purposes permit be revoked?

60. (1) The Commission may, having regard to the state of the weather, risk of fire or any other factor that it considers relevant, revoke a special purposes permit by giving notice to the holder of the permit that it is revoked.

(2) If a special purposes permit is revoked under this clause, the Commission may refund all or part of the fee paid for the permit.

PART 6—DEALINGS WITH TIMBER, PRODUCTS AND

FOREST MATERIALS

Division 1—Branding of timber

When must timber be branded?

61. (1) A person who removes timber from land on which it was cut or

obtained is guilty of an offence, unless the timber:

(a) has been branded with the owner’s brand and the letters “PP”; or

(b) has been marked or identified in some other manner directed or approved by the Commission for the purposes of this clause.

Maximum penalty: 20 penalty units.

1994—No. 416

(2) This clause does not apply to the removal of timber from Crown-timber lands.

Offence to misrepresent brands

62. A person who:

(a)	applies the letter “P”, or causes that letter to be applied, to timber cut or obtained on Crown-timber lands; or
(b)	represents timber to be, or not to be, timber cut or obtained on Crown-timber lands knowing that the timber has not or has been so cut or obtained,

is guilty of an offence.

Maximum penalty: 20 penalty units.

Prescription of Commission brands

63. (1) The brands comprising a broad arrow, and a broad arrow with the letters “FC” or “RP” (with or without numbers or other symbols), are prescribed as brands to be used by employees of the Commission and persons acting with the authority of the Commission, for the purposes of branding trees, stumps, logs, poles and prescribed timber.

(2) A person who uses, for the purpose of branding trees, stumps, logs, poles or prescribed timber:

(a) a brand prescribed by subclause (1); or

(b) any brand that consists partly of a brand so prescribed,

is guilty of an offence.

Maximum penalty: 20 penalty units.

(3) Subclause (2) does not apply to a person referred to in subclause

(1).

Offence to make, use or possess branding instruments unlawfully

64. (1) A person who, without the approval of the Commission:

(a)	uses or has possession of an instrument designed for use by employees of the Commission for the purpose of branding timber; or
(b)	makes, uses or has possession of an instrument purporting to be an instrument so designed,

is guilty of an offence.

Maximum penalty: 20 penalty units.
(2) This clause does not apply to an employee of the Commission.

1994—No. 416

Offence to deface brands on trees, stumps or prescribed timber

65. A person who defaces, destroys or removes an identifying brand comprising a broad arrow (with or without letters, numerals or other symbols) branded or marked on timber (including a tree or tree stump) by or at the direction of an employee of the Commission, except when lawfully processing the timber, is guilty of an offence.

Maximum penalty: 20 penalty units.

Division 2—Miscellaneous

When must royalty or purchase price be paid?

66. (1) The holder of a timber licence, products licence or forest materials licence, or the purchaser of timber or products under a sale agreement, must pay to the Commission the amount of roya!ty due under the licence, or the purchase price payable under the agreement:

(a) within the period specified in any account issued by the Commission which requires payment of that amount or purchase price; or

(b) within such extended period as the Commission may allow.
(2) A person who, being the holder of a timber licence, products

licence or forest materials licence, or the purchaser of timber or products under a sale agreement, fails to comply with subclause (1) is guilty of an offence.

Maximum penalty: 20 penalty units.

Offence to remove certain timber without the Commission’s permission

67. (1) A person who is entitled:

(a)	to take timber or products on or from Crown-timber land otherwise than under the authority of a timber licence or products licence; and
(b)	to use the timber or products for the purpose of building or fencing or any other purpose,

may remove the timber or products from that land, but only with the
written permission of the Commission.

(2) A person referred to in subclause (1) who removes timber or products from Crown-timber land otherwise than in accordance with that subclause is guilty of an offence.

Maximum penalty: 20 penalty units.

1994—No. 416

(3) In giving permission for the removal of timber or products, the Commission may impose such conditions and limitations as it considers appropriate.

PART 6—ENFORCEMENT

Division 1—Offences

Offence not to comply with directions of an authorised officer

68. (1) A person to whom an authorised officer gives a direction:

(a)	relating to the taking of timber or products by another person on or from Crown-timber lands; or
(b)	relating to the taking of forest materials by another person from a State forest,

must comply with the direction.

(2) A person who, without lawful excuse, fails to comply with this clause is guilty of an offence.

Maximum penalty: 20 penalty units.

Offence to obstruct the Commission, authorised officers and others

69. A person who, in a State forest, timber reserve or flora reserve, intentionally or recklessly obstructs or interferes with the lawful activities of:

(a) the Commission, its employees or agents; or

(b) an authorised officer; or

(c) a person acting under the authority of a lease, licence, permit, delegation or other authority from the Commission,

is guilty of an offence.

Maximum penalty: 20 penalty units.

Offence not to comply with requirement for certain information

70. (1) An authorised officer may require a person who deals with timber, products or forest materials to provide the Commission with a statement in an approved form:

(a) giving details of the quantity and description of timber, products or forest materials dealt with, or hewn, sawn or otherwise treated, or transported or consigned by road, rail or water by the person concerned during a specified period; and

1994—No. 416

(b) disclosing the land (whether Crown-timber lands, other Crown lands or other lands) from which the timber, products or forest materials has or have been cut, obtained, removed or taken delivery of, and the place to which the timber. products or forest materials were consigned.

(2) A person to whom such a requirement is made must comply with the requirement within the period specified by the authorised officer who made the requirement.

(3) The person must also, if requested to do so by an authorised officer, support the statement with a declaration as to its correctness.

(4) A person who:

(a)	without lawful excuse, fails to comply with a requirement or request made under this clause; or
(b)	in purporting to comply with the requirement or request, makes a statement that is, to the person’s knowledge, false or misleading in a material respect,

is guilty of an offence.

Maximum penalty: 20 penalty units.

(5) In this clause, “deals with”, in relation to timber, products or

forest materials, includes dealing with them by cutting, obtaining,

removing and taking delivery of them.

Offence not to comply with requirement to provide forestry statistics

71. (1) The Commission may, by notice in writing, require a person (whether a principal or agent) who is engaged in dealing in timber or products to provide it with a statement showing the quantity and description of timber or products that the person has dealt with during the period specified in the request.

(2) A person to whom such a requirement is made must comply with the requirement within the period specified by the Commission.

(3) A person who:

(a)	without lawful excuse, fails to comply with a requirement made under this clause; or
(b)	in purporting to comply with the requirement, makes a statement that is, to the person’s knowledge, false or misleading in a material respect,

is guilty of an offence.

Maximum penalty: 20 penalty units.

1994—No. 416

(4) In this clause, “dealing” includes buying, selling, milling and

treating.

Offence for a forest officer to trade in timber, products or forest materials

72. An employee of the Commission who, except with the prior approval of the Commission:

(a)	trades as principal or agent in timber, products or forest materials; or
(b)	does any act under an interest held by the employee under a licence or agreement that authorises the taking, removal or sale of timber, products or forest materials,

is guilty of an offence.

Maximum penalty: 20 penalty units.

Offence to contravene conditions and limitations of licences, permits and other authorities

73. Any person who contravenes a condition or limitation of a licence, permit, forest lease or other authority issued or granted under the Act or this Regulation is guilty of an offence.

Maximum penalty: 20 penalty units.

Division 2—Provisions relating to penalty notices

Prescribed offences under section 46A of the Act

74. For the purposes of section 46A (2) (b) of the Act, the following offences are prescribed:

(a) offences under sections 27 (1), 29, 32, 32C (2), 32G, 38A (4), 38B (3) and 45 of the Act; and

(b) all offences against this Regulation.

Prescribed amount of penalty under section 46A of the Act

75. For the purposes of section 46A (2) (c) of the Act, the prescribed

amount of penalty for an offence dealt with under section 46A of the Act
is $100.

Note. Section 46A of the Act allows an authorised officer to serve a penalty notice on a person who is alleged to have committed a prescribed offence against the Act or the regulations.

1994—No. 416

PART 7—MISCELLANEOUS

Notes in text

76. Notes in the text of this Regulation are explanatory notes only and do not form part of this Regulation.

Repeal and savings and transitional provisions

77. (1) The Forestry Regulation 1983 is repealed.

(2) Schedule 3 has effect.

SCHEDULE l—FEES

(CII. 3 (1), 37, 38, 42, 48, 51, 52, 56)

Column 1 Column 2 Column 3

Description of licence, permit,

lease or other matter for which Clause no. Amount of fee

a fee is payable

Application for a sawmill licence	37	$120
Application for an occupation	37	$80

permit where no on-site

inspection is required

Application for an occupation 37 $200

permit where an on-site
inspection is. in the opinion of
the appropriate District Forester,

required

Application for a forest lease 37 $80

where no on-site inspection is

required

Application for a forest lease 37 $200

where an on-site inspection is.
in the opinion of the
appropriate District Forester,

required

Timber licence 38 $75 for a licence the duration of which is not more than 3

months

1994—No. 416

$110 for a licence the
duration of which
is more than 3
months but not
more than 6

months

$140 for a licence the
duration of which
is more than 6
months but not
more than 9

months

$160 for a licence the
duration of which
is more than 9
months but not
more than 12

months

For a licence the

duration of which
is more than 12
months—$160 for
each year, or part
of a year, of the
duration of the

licence

Products licence 38 $70 for a licence the duration of which is not more than 3

months

$90 for a licence the duration of which is more than 3

months but not
more than 6

months

$105 for a licence the
duration of which

is more than 6

months but not

more than 9
months

1994—No. 416

$120 for a licence the

duration of which
is more than 9
months but not
more than 12

months

For a licence the

duration of which
is more than 12
months—$120 for
each year, or part
of a year, of the
duration of the

licence

Forest materials licence 38 $70 for a licence the duration of which is not more than 3

months

$90 for a licence the duration of which is more than 3

months but not
more than 6

months

$160 for a licence the

duration of which
is more than 9
months but not
more than 12

months

For a licence the

duration of which
is more than 12
months—$160 for
each year, or part
of a year, of the
duration of the

licence

Products licence 38 $70 for a licence the duration of which is not more than 3

months

1994—No. 416

$90 for a licence the duration of which is more than 3

months but not
more than 6

months

$105 for a licence the
duration of which
is more than 6
months but not
more than 9

months

$120 for a licence the
duration of which
is more than 9
months but not
more than 12

months

For a licence the
duration of which
is more than 12
months—$120 for
each year, or part
of a year, of the
duration of the

licence

Forest materials licence 38 $70 for a licence the duration of which is not more than 3

months

$90 for a licence the duration of which is more than 3

months but not
more than 6

months

$105 for a licence the
duration of which
is more than 6
months but not
more than 9
months

1994—No. 416

$120 for a licence the

duration of which
is more than 9
months but not
more than 12

months

For a licence the

duration of which
is more than 12
months—$120 for
each year, or part
of a year, of the
duration of the

licence

Sawmill licence or any renewal of 38, 51 $150 for each year

a sawmill licence ending 31
December, or any
part of a year, of
the duration of the
licence

Grazing permit 38 $5 per month, or part of a month, of the duration of the

pennit

Hunting permit 38 $15 per month, or

part of a month, of the duration of the permit

Transfer of forest lease	42	$50
Transfer of occupation pennit	42	$50
Transfer of sawmill licence	42	$100
Transfer of timber licence,	42	$100

products licence or forest

materials licence

Contractor’s licence 48 $20 for a licence the duration of which is not more than 3

months

$35 for a licence the duration of which is more than 3

months but not
more than 6
months

1994—No. 416

$45 for a licence the duration of which is more than 6

months but not
more than 9
months

$50 for a licence the duration of which is more than 9

months but not
more than 12

months

Operator’s licence 48 $15 for a licence the duration of which is not more than 3

months

$20 for a licence the duration of which is more than 3

months but not
more than 6
months

$25 for a licence the duration of which is more than 6

months but not
more than 9
months

$30 for a licence the duration of which is more than 9

months but not
more than 12

months

Permission to work a sawmill 52 $75 for each year

ending 31
December, or any
part of a year, of
the duration of the

licence

Application to vary a condition of 56 $50

a forest lease where no on-site
inspection is required

1994—No. 416

Application to vary a condition of a forest lease where an on-site inspection is. in the opinion of the appropriate District Forester, required 56 $150

SCHEDULE 2—FORMS

(Cl. 34 (3))

Form 1

FORESTRY ACT 1916—NEW SOUTH WALES

CERTIFICATE OF RELEASE OF LAND FROM PROFIT À PRENDRE

Description of the land

Parish:  County:

Area:	Lot:	Deposited plan no.:
Reference to  title

Incomplete purchase no.:
Land District of:

Folio identifier:

Dated this day of 19

...................................................

For the Forestry Commission

of New South Wales

1994—No. 416

SCHEDULE 3—SAVINGS AND TRANSITIONAL PROVISIONS

(Cl. 77 (2))

Definitions

1. In this Schedule:
“repealed Regulation” means the Forestry Regulation 1983;

“written authority” means any licence. permit, forest lease or other authority issued

or granted under repealed Regulation, and includes a sales agreement.

Names of forests and flora reserves

2. The name and number allocated to a State forest or flora reserve under the repealed Regulation is, until varied or replaced by the Commission, taken to be the name and number of the forest or reserve for the purposes of this Regulation.

Management plans

3. A management plan approved for the purposes of the repealed Regulation in relation to a State forest or other Crown-timber land and in force immediately before the commencement of this Regulation is taken to be a management plan approved in relation to the forest or timber land for the purposes of this Regulation.

Notices

4. Any notice erected for the purpose of a provision of the repealed Regulation is. if it was being displayed immediately before the commencement of this Regulation. taken to be displayed under and for the purposes of any corresponding provision of this Regulation.

Districts, Regions and Areas

5. (1) A district or region designated by the Commission for the purposes of the repealed Regulation, as in force immediately before the commencement of this Regulation, is, until varied or replaced by the Commission, taken to be a district or region so designated for the purposes of this Regulation.

(2) Any act, matter or thing done or omitted to be done by a Regional Forester in relation to a Region before the repeal of the repealed Regulation is, in so far as the act, matter or thing could be done or omitted to be done by a General Manager of a Region under this Regulation, taken to have been done or omitted to be done by the General Manager of the Region.

(3) Any act, matter or thing begun, or in force, in relation to an area (as defined in clause 13 of the repealed Regulation) but not completed before the commencement of this Regulation may, if it could be done under this Regulation in relation to a forestry area, be completed under this Regulation in relation to the area.

Written authorities

6. A written authority issued or granted under a provision of the repealed Regulation, and having effect immediately before the commencement of this Regulation, continues to have effect as if it were issued or granted under the corresponding provision of this Regulation.

1994—No. 416

Applications

7. An application for a written authority made before the repeal of the repealed Regulation and not disposed of before the commencement of this Regulation is taken to be an application for the corresponding authority under this Regulation.

Fees and royalties

8. Any fee or royalty payable under the repealed Regulation but not paid before the commencement of this Regulation is recoverable in a court of competent jurisdiction as a debt due to the Commission.

Records

9. Any record kept for the purposes of a provision of the repealed Regulation is taken to be a record kept for the purposes of the corresponding provision (if any) of this Regulation.

Authorisations under clause 81 of the repealed Regulation

10. Any authorisation given by the Commission under clause 81 of the repealed Regulation, and having effect immediately before the commencement of this Regulation, is taken to be a written permission given by the Commission for the purposes of clause 67 of this Regulation.

Other acts, matters and things

11. (1) Any act, matter or thing done or omitted to be done by an authorised person under or for the purposes of a provision of the repealed Regulation, and having effect immediately before the commencement of this Regulation, is taken to have been done or omitted to be done by an authorised officer under or for the purposes of the corresponding provision (if any) of this Regulation.

(2) Any other act, matter or thing done or omitted to be done under or for the purposes of a provision of the repealed Regulation, and having effect immediately before the commencement of this Regulation, is taken to have been done or omitted to be done under or for the purposes of the corresponding provision (if any) of this Regulation.

NOTES

TABLE OF PROVISIONS

PART 1—PRELIMINARY

1. Citation
2. Commencement
3. Definitions
4. Matters to be prescribed for the purposes of the Act

1994—No. 416

PART 2—ESTABLISHMENT AND ORGANISATION OF STATE FORESTS

AND FLORA RESERVES

5. State forests to be named
6. State forest to be managed in accordance with a management plan
7. Flora reserves to be named

8.  Is the public entitled to have access to plans?

PART 3—CONTROL AND MANAGEMENT OF STATE FORESTS, TIMBER

RESERVES AND FLORA RESERVES

Division 1—Preliminary

9. “Forestry area” defined

Division 2—Control of forestry areas generally

10. “Authorised officer” defined
11. Can a person be asked to leave a forestry area?
12. When can persons be removed from a forestry area?

13.  What powers does the Commission have to control persons and vehicles in a forestry area?

14. Can a forestry area be reserved for separate or exclusive use?
15. Can a person be requested to leave a forestry area?

16. Offence to damage forests and reserves

Division 3—Control of fire

17. Definitions
18. Offence to leave lighted tobacco product or lighted match in a forestry area
19. Offence to light fire for an unauthorised purpose
20. Can a fire be lit in a forestry area for cooking or other purposes?
21. Can a fire be lit in a forestry area to process timber, products or materials?
22. Can a fire be lit in a forestry area to destroy waste material?
23. Can a fire be lit in a forestry area to clear vegetation or to make a firebreak?
24. Offence to use a machine in a forestry area unless precautions taken
25. Offence to store liquid fuel in a forestry area unless precautions taken
26. Offence to refuel machine near flammable vegetation
27. Can dangerous operations in a forestry area be stopped?
28. What measures are to be taken to prevent fire from occurring in a forestry area?
29. Can a person be directed to stop carrying on an activity in a forestry area?
30. When must a person extinguish a fire in a forestry area?

31. What duties do holders of written authorities have in a forestry area?

Division 4—Camping

32. Can camping in a forestry area be prohibited?
33. Can charges for camping in forestry areas be imposed?

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PART 4—LICENCES, PERMITS AND FOREST LEASES Division 1—Provisions applicable to all written authorities

34. Definition
35. Where is an application for a written authority to be lodged?
36. In what form must an application for a written authority be?
37. In what cases do application fees have to be paid?
38. When is the fee for a written authority to be paid?
39. Can the Commission refuse to issue a written authority?
40. In what form is a written authority to be?
41. Can a written authority be varied?
42. Can a written authority be transferred?
43. Can consent to a transfer of a written authority be refused?
44. Commission to record consent to transfer

45. Can a person obtain a duplicate written authority?

Division 2—Timber, products and forest materials licences

46. Licence to specify royalty

Division 3—Contractors’ and operators’ licences

47.  Persons who are not holders of contractors’ or operators’ licences not to be engaged or employed

48. Commission may issue contractor’s or operator’s licence
49. Can a contractor’s or operator’s licence be suspended or cancelled?

Division 4—Sawmill licences 50. What does a sawmill licence allow its holder to do? 51. What does the holder of a sawmill licence have to do to renew the licence?

52. Circumstances in which a non-licensed sawmill can be worked

Division 5—Clearing licences

53. Is a fee payable for a clearing licence?

54. Does a clearing licence authorise further clearing operations?

Division 6—Occupation permits

55. Can an occupation permit be suspended?

Division 7—Forest leases 56. Applications to vary the conditions of a forest lease 57. Can a forest lease be surrendered?

Division 8—Hunting permits

58. What conditions apply to a hunting permit?

Division 9—Special purposes permits

59. Activities prescribed for the purposes of section 32F of the Act
60. Can a special purposes permit be revoked?

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PART 5—DEALINGS WITH TIMBER, PRODUCTS AND FOREST

MATERIALS

Division 1—Branding of timber

61. When must timber be branded? 62. Offence to misrepresent brands 63. Prescription of Commission brands
64. Offence to make, use or possess branding instruments unlawfully

65. Offence to deface brands on trees, stumps or prescribed timber

Division 2—Miscellaneous

66. When must royalty or purchase price be paid?

67. Offence to remove certain timber without the Commission’s permission

PART 6—ENFORCEMENT

Division 1—Offences

68. Offence not to comply with directions of an authorised officer
69. Offence to obstruct the Commission. authorised officers and others
70. Offence not to comply with requirement for certain information
71. Offence not to comply with requirement to provide forestry statistics
72. Offence for a forest officer to trade in timber, products or forest materials

73.  Offence to contravene conditions and limitations of licences, permits and other authorities

Division 2—Provisions relating to penalty notices

74. Prescribed offences under section 46A of the Act

75. Prescribed amount of penalty under section 46A of the Act

PART 7—MISCELLANEOUS

76. Notes in text

77. Repeal and savings and transitional provisions

SCHEDULE 1—FEES
SCHEDULE 2—FORMS

SCHEDULE 3—SAVINGS AND TRANSITIONAL PROVISIONS

EXPLANATORY NOTE

The replacement Regulation supplements the provisions of the Forestry Act 1916. It deals with the following matters:

(a) the establishment and organisation of State forests and flora reserves (Part 2);

(b) the control and management of State forests. timber reserves and flora reserves, including controlling fires and camping (Part 3);

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(c) timber. products and forest materials licences, contractors' and operators' licences, sawmill licences, clearing licences, grazing permits, occupation permits, hunting permits, special purposes permits and forest leases (Part 4);

(d) the branding of timber (Division 1 of Part 5);

(e)	miscellaneous matters, including royalty and other payments under the Act (Division 2 of Part 5);
(f)	offences and provisions relating to penalty notices issued under the Act (Pan 6).

This Regulation is made under the Forestry Act 1916, including section 41 (the general regulation-making power) and is made in connection with the staged repeal of subordinate legislation under the Subordinate Legislation Act 1989.