Forestry Act 1959 (Qld)

Forestry Act 1959

An Act to provide for forest reservations, the management, silvicultural treatment and protection of State forests, and the sale and disposal of forest products and quarry material, the property of the Crown on State forests, timber reserves and on other lands; and for other purposes

Part 1    Preliminary

1   Short title

This Act may be cited as the Forestry Act 1959.

2   [Repealed]

3   [Repealed]

4   [Repealed]

5   Definitions

The dictionary in schedule 3 defines particular words used in this Act.

Part 2    Administration and functions

Division 1 Forest officers and plantation officers

Subdivision 1 Appointment

6   [Repealed]

7   [Repealed]

8   [Repealed]

9   [Repealed]

10   [Repealed]

11   [Repealed]

12   [Repealed]

13   [Repealed]

14   [Expired]

15   [Expired]

16   [Repealed]

17   Appointment and qualifications

(1)The chief executive may appoint a person as a forest officer if satisfied the person has the necessary expertise or experience to be a forest officer.

(2)The chief executive may appoint an employee of a plantation operator as a plantation officer, for a specified licence area, if satisfied the employee has the necessary expertise or experience to be a plantation officer.

(3)An appointment under this section must be made by instrument in writing.

17A   Appointment conditions

A forest officer or plantation officer holds office on any conditions stated in—

(a)the officer’s instrument of appointment; or

(b)a signed notice given to the officer; or

(c)a regulation.

17B   When officer stops holding office

(1)A forest officer or plantation officer stops holding office if—

(a)the term of office that is stated in a condition of office ends; or

(b)the office ends under another condition of office; or

(c)the officer resigns by giving the chief executive a notice signed by the officer.

(2)Also, a plantation officer stops holding office if—

(a)the person stops being an employee of a plantation operator; or

(b)the delegation of power under section 96B to the plantation operator is revoked.

(3)This section does not limit the ways in which a forest officer or plantation officer stops holding office.

(4)In this section—

condition of office means a condition on which the officer holds office.

Subdivision 2 Identity cards

17C   Issue of identity card

(1)The chief executive must issue an identity card to each forest officer and plantation officer.

(2)The identity card must—

(a)contain a recent photo of the person; and

(b)contain a copy of the person’s signature; and

(c)identify the person as a forest officer or plantation officer under this Act; and

(d)state an expiry date for the card.

(3)This section does not prevent the issue of a single identity card to a person for this Act and other purposes.

(4)Without limiting subsection (3), if the person holds an office under another Act administered by the department, the identity card may identify the other office.

(5)Despite subsection (1), the chief executive is not required to issue an identity card to—

(a)a forest officer who is a police officer; or

(b)a person who holds an identity card, issued under another Act by a Minister or chief executive of a department, that identifies the person as a forest officer.

17D   Production or display of identity card

(1)When exercising a power in relation to a person in the person’s presence, a forest officer or plantation officer must—

(a)produce the officer’s identity card for the person’s inspection before exercising the power; or

(b)have the identity card displayed so it is clearly visible to the person.

(2)However, if it is not practicable to comply with subsection (1), the officer must produce the identity card for the person’s inspection at the first reasonable opportunity.

(3)This section does not apply to a forest officer who is a police officer.

(4)Subsection (3) does not limit or otherwise affect the Police Powers and Responsibilities Act 2000, section 637.

(5)In this section—

identity card means—

(a)an identity card issued under section 17C; or

(b)an identity card, issued under another Act by a Minister or chief executive of a department, that identifies the person as a forest officer under this Act.

17E   Return of identity card

If a person stops being a forest officer or plantation officer, the person must return an identity card issued to the person under section 17C to the chief executive within 21 days after the office ends, unless the person has a reasonable excuse.

Maximum penalty—50 penalty units.

Subdivision 3 General powers

18   General powers of forest officers

(1)Any forest officer, in addition to such other powers and duties as from time to time devolve upon the forest officer under this Act, may—

(b)be accompanied and aided by any person the forest officer may think competent to assist the forest officer in making any inspection or examination; and

(c)make such examination and inquiry as may be necessary to ascertain whether the provisions of this Act have been or are being complied with by any person or in respect of any State forest, timber reserve, forest entitlement area, or any forest products or quarry material, the property of the Crown; and

(d)question, with respect to matters under this Act, the owner or occupier of any place, every person whom the forest officer finds in any place, and every person who has been within the preceding 6 months employed in or on any place to ascertain whether this Act has been or is being complied with, and require any such person to answer the questions put and to sign a declaration of the truth of the person’s answers; and

(e)require the production of any licence, permit, or other authority granted or agreement or contract made under and for the purposes of this Act and of any book, notice, record, list, or writing which by this Act is required to be had or kept or which, in the forest officer’s reasonable opinion, may be material to an inquiry under paragraph (c), and inspect, examine, and take copies of or extracts from the same; and

(f)at any time, search and examine all containers, vehicles, vessels, or other receptacles for holding or transporting any forest products or quarry material or reasonably suspected so to be, and for that purpose the forest officer may require the owner or person in charge thereof to open any such container, vehicle, vessel, or other receptacle, as the case may be, and expose its contents to view; and

(g)subject to subsections (1A) and (3), enter and inspect a place in which the forest officer reasonably suspects are forest products or quarry material got or interfered with or that the forest officer reasonably suspects have been got or interfered with in contravention of this Act; and

(ga)if the forest officer finds forest products or quarry material mentioned in paragraph (g) in a place entered under that paragraph—

(i)seize, take away and detain the forest products or quarry material together with anything (an incidental thing) including any document, equipment, gear, machinery, plant, vehicle or vessel, the officer reasonably suspects has been used or is intended to be used, in or in connection with, or is evidence of, the getting or interfering with the forest products or quarry material; and

(ii)subject to sections 82D to 82F, secure anything seized until the end of proceedings for a contravention of this Act; and

(h)exercise such other powers, functions and authorities as may be prescribed.

(1A)The power to enter a place under subsection (1)(g) may be exercised—

(a)for a place that is occupied land—only between sunrise and sunset or at any time with the consent of the owner or an agent or employee of the owner; or

(b)otherwise—at any time.

(1AA)The officer’s powers may be limited by—

(a)the officer’s instrument of appointment; or

(b)a signed notice given to the officer; or

(c)a regulation.

(2)Forest officer may require name and address
Any forest officer who—

(a)finds any person committing or who reasonably suspects any person of having committed an offence against this Act; or

(b)is making inquiries or investigations with a view to establishing whether or not an offence against this Act has been committed by any person; or

(c)is of the opinion that the name and address of any person is required for the purpose of giving effect to any provision of this Act, or for the purpose of enabling the forest officer to carry out his or her powers and duties under this Act;

may require such person to state the person’s name and address, or name or address, and, if the forest officer has reasonable ground to suppose that the name and address, or name or address, given is false, may require evidence of the correctness thereof.

(3)Entry into dwelling
Before a forest officer enters any part of a place, which part is being used as a dwelling at the time the entry is to be made, the forest officer shall, save where the forest officer has permission of the occupier of that part to the entry, obtain from a justice a warrant to enter.

(3A)Subsection (3) does not apply in respect of the curtilage of any premises.

(4)A justice who is satisfied upon the complaint of a forest officer that there is reasonable cause to suspect—

(a)that there are in any place forest products or quarry material; and

(b)that such forest products or quarry material have been got or interfered with contrary in any respect to this Act;

may issue a warrant for the place for the purpose of a stated forest officer or any forest officer exercising a forest officer’s powers.

(5)The warrant must state—

(a)the place to which the warrant applies; and

(b)that a stated forest officer or any forest officer, with necessary and reasonable help and force, may—

(i)enter the place and any other place necessary for entry to the place; and

(ii)exercise a forest officer’s powers; and

(c)particulars of the matters mentioned in subsection (4) that the justice considers appropriate; and

(d)the name of the person suspected of having contravened the Act unless the name is unknown or the justice considers it inappropriate to state the name; and

(e)the hours of the day or night when the place may be entered; and

(f)the justice’s name; and

(g)the day and time of the warrant’s issue; and

(h)the day, within 1 month after the warrant’s issue, when the warrant ends.

(6)In this section—

occupied land means land on which the owner is lawfully residing.

owner, of land, includes—

(a)the lessee or licensee from the State of the land; or

(b)the person who has lawful control of the land, on trust or otherwise; or

(c)the person who is entitled to receive the rents and profits of the land.

18A   General powers of plantation officers

(1)A plantation officer may exercise power under this Act, including under a delegation, only for the licence area for which the plantation officer is appointed.

(2)A plantation officer may—

(a)take away and dispose of a notice in the licence area that has not been authorised by the chief executive for the licence area; and

(b)require the production of any licence, permit, or other authorisation under which a person claims to be entitled to conduct an activity in the licence area that the person is conducting and inspect, examine, and take copies of the authorisation; and

(c)require the name and address of a person the plantation officer finds committing, or whom the plantation officer reasonably suspects of having committed, an offence against this Act in the licence area.

(2A)The officer’s powers may be limited by—

(a)the officer’s instrument of appointment; or

(b)a signed notice given to the officer; or

(c)a regulation.

(3)A person who fails to comply with a requirement lawfully given or made by a plantation officer under subsection (2) without a reasonable excuse commits an offence.

Maximum penalty—100 penalty units.

(4)A person who is required under subsection (2)(c) to state the person’s name or address must not, without a reasonable excuse, state a false name or address.

Maximum penalty—100 penalty units.

(5)A person does not commit an offence against subsection (4) if the person is not proved to have committed the offence he or she was allegedly found committing or suspected of having committed.

(6)Subsections (1) and (2) do not limit the powers of a forest officer under this Act.

(7)In this section—

commit, an offence, includes attempt to commit an offence.

licence area includes part of the licence area.

State forest includes part of the State forest.

18B   [Repealed]

Division 2 Miscellaneous provisions

18C   Plantation operator and plantation officer are persons performing duties under this Act only for particular provisions

In this Act, a reference to a person performing duties under this Act includes a reference to a plantation operator or plantation officer when performing duties under this Act only in the following provisions—

(a)section 39(2)(a);

(b)section 69A(1)(c) as it applies to section 69D;

(c)section 84(4);

(d)section 86(1)(a) or (h);

(e)section 95(a) or (b);

(f)section 96.

19   Retention of document produced to forest officer

(1)This section applies if a forest officer makes a requirement under section 18(1)(e) (the requirement) for the production of a document.

(2)The document must be produced at the place and time stated in the requirement.

(3)The place stated in the requirement—

(a)may be other than the place where the document is ordinarily kept; but

(b)must be reasonable in the circumstances of the making of the requirement.

(4)The time stated in the requirement must be reasonable in the circumstances of the making of the requirement.

(5)To avoid any doubt, it is declared that—

(a)the document must be produced in its original form; and

(b)the forest officer may keep possession of the document for the time the forest officer reasonably requires to exercise the forest officer’s powers under section 18(1)(e).

(6)The forest officer may continue to keep possession of the document after the forest officer has finished exercising the forest officer’s powers under section 18(1)(e) if the forest officer is satisfied on reasonable grounds that continued retention of the document is necessary—

(a)for the purpose of an inquiry under section 18(1)(c); or

(b)to preserve the document as evidence for a prosecution for a contravention of this Act.

(7)Subsection (6)(a) does not authorise retention of the document after the end of—

(a)the time reasonably necessary to complete the inquiry; or

(b)the first 6 months after the production of the documents.

(8)Subsection (6)(b) does not authorise retention of the document after the end of—

(a)if a prosecution for the contravention mentioned in subsection (6)(b) is started within the first 6 months after the production of the document—the prosecution for the contravention and any appeal from the prosecution; or

(b)if paragraph (a) does not apply—the 6 months mentioned in paragraph (a).

(9)Until the document is returned, the forest officer must allow a person who would be entitled to possession of it, if it had not been retained by the forest officer, to inspect it and make copies of it.

20   Retention of document produced to plantation officer

(1)This section applies if a plantation officer makes a requirement under section 18A(2)(b) (the requirement) for the production of a document.

(2)The document must be produced at the place and time stated in the requirement.

(3)The place stated in the requirement—

(a)may be other than the place where the document is ordinarily kept; but

(b)must be reasonable in the circumstances of the making of the requirement.

(4)The time stated in the requirement must be reasonable in the circumstances of the making of the requirement.

(5)To avoid any doubt, it is declared that—

(a)the document must be produced in its original form; and

(b)the plantation officer may keep possession of the document for the time the plantation officer reasonably requires to exercise the plantation officer’s powers under section 18A(2)(b).

(6)Until the document is returned, the plantation officer must allow a person who would be entitled to possession of it, if it had not been retained by the plantation officer, to inspect it and make copies of it.

21   Officers not to trade in timber etc.

(1)No officer in the officer’s personal capacity shall become in any way concerned or interested in any lease, permit, or licence, or other similar right or authority granted under this Act or under any enactment repealed by this Act or in any contract or agreement made under or for any of the purposes of this Act or in anywise participate or claim to be entitled to participate in the profit thereof or in any benefit or emolument arising therefrom.

(2)However, an officer may, with the consent in writing of the chief executive first had and obtained, purchase, on such terms as the chief executive deems fit, forest products and quarry material the property of the Crown for the officer’s own personal use and enjoyment.

(3)In this section—

officer includes plantation officer.

22   [Repealed]

Part 2A    [Repealed]

Division 1 [Repealed]

22A   [Repealed]

22B   [Repealed]

22C   [Repealed]

22D   [Repealed]

Division 2 [Repealed]

22E   [Repealed]

22F   [Repealed]

22G   [Repealed]

22H   [Repealed]

Division 3 [Repealed]

22I   [Repealed]

22J   [Repealed]

22K   [Repealed]

22L   [Repealed]

22M   [Repealed]

22N   [Repealed]

22O   [Repealed]

22P   [Repealed]

22Q   [Repealed]

22QA   [Repealed]

22QB   [Repealed]

22QC   [Repealed]

22QD   [Repealed]

22QI   [Repealed]

22R   [Repealed]

22S   [Repealed]

22T   [Repealed]

22U   [Repealed]

22V   [Repealed]

Part 3    Classification and reservation of State forests and timber reserves

Division 1 Classification of forest lands

23   Classification of lands

The chief executive shall from time to time cause to be made inspections and surveys of any lands within the State for the purpose of ascertaining whether or not such lands are suitable to be set apart under and for the purposes of this Act.

24   [Repealed]

Division 2 State forests

25   Power to set apart and declare State forests

The Governor in Council may, by regulation, set apart and declare as a State forest—

(a)any Crown land; or

(b)any land that is, or is part of, a timber reserve; or

(c)any land that is, or is part of, a forest reserve under the Nature Conservation Act 1992.

Note—

See the Nature Conservation Act 1992, section 70G.

25A   Particular forest reserve land set apart and declared as State forest

(1)This section applies if forest reserve land is set apart and declared as a State forest.

(2)The land ceases to be land in a forest reserve under the Nature Conservation Act 1992.

(3)On the setting apart and declaring of the land as State forest—

(a)this Act applies to the land and its management; and

(b)the Nature Conservation Act 1992, section 70G does not apply to the land.

(4)This section applies despite the Nature Conservation Act 1992, section 70G(4).

(5)To remove any doubt, it is declared that the setting apart and declaration of the land as a State forest does not extinguish or affect native title or native title rights and interests in relation to the land.

(6)In this section—

forest reserve land means land that—

(a)is, or is part of, a forest reserve under the Nature Conservation Act 1992; and

(b)is land to which the Nature Conservation Act 1992, section 70G applies.

26   Restriction on alienation etc.

(1)The setting apart and declaration of a State forest by or under this Act shall not be revoked in whole or in part except under the authority of and in accordance with the provisions of subsection (2) or section 32.

(1A)No land comprised in a State forest shall be excluded therefrom, leased, or dealt with otherwise howsoever except under the authority of and in accordance with the provisions of this Act.

Notes—

1See the Petroleum and Gas (Production and Safety) Act 2004, section 437A(1) for the creation of an easement for a pipeline licence holder under that Act over land that is a State forest.

2See also the Forest Wind Farm Development Act 2020 for the giving of an access licence under that Act, or a lease under the Land Act 1994, for land that is a State forest.

(2)Revocation of declaration
The setting apart and declaration by or under this Act of land as a State forest may be revoked in whole or in part in the following manner—

(a)the Governor in Council shall cause to be laid on the table of the Legislative Assembly a proposal for such revocation;

(b)after such proposal has been laid before the Legislative Assembly, the Governor in Council, on a resolution whereof not less than 14 days notice shall have been given being passed by the Legislative Assembly that such proposal be carried out, shall, by regulation, revoke such setting apart and declaration in accordance with that resolution.

(3)Subsection (2) does not apply to a regulation that merely—

(a)sets apart and declares a State forest and an area of Crown land, or a timber reserve, as a State forest; or

(b)sets apart and declares contiguous State forests as a single State forest; or

(c)divides a State forest into 2 or more State forests.

27   Amalgamation etc. of State forests

The Governor in Council may, by regulation—

(a)set apart and declare a State forest and an area of Crown land, or a timber reserve, as a State forest; or

(b)set apart and declare contiguous State forests as a single State forest; or

(c)divide a State forest into State forests.

28   Power to set apart and declare timber reserves

(1)The Governor in Council may, by regulation made before 30 June 2014—

(a)set apart any Crown land as a timber reserve; or

(b)set apart a timber reserve and an area of Crown land as a timber reserve; or

(c)set apart contiguous timber reserves as a single timber reserve.

(3)The setting apart by or under this Act of any land as a timber reserve shall not be rescinded or amended, in whole or in part, except under the authority and in accordance with the provisions of subsection (4) or section 32.

(3A)However, the setting apart of a timber reserve or part thereof under this Act as a State forest, shall without further or other authority revoke accordingly the whole or that part of the setting apart under this Act of the land as a timber reserve.

(4)Revocation of timber reserves
Where the Governor in Council is satisfied that, having due regard to the objects and purposes of this Act, it is expedient to revoke in whole or in part the setting apart of any land as a timber reserve, then the Governor in Council may, by regulation, revoke wholly or in part such setting apart as a timber reserve.

29   [Repealed]

30   [Repealed]

31   [Repealed]

31A   [Repealed]

32   Land for tourist purposes or use as road

(1)A regulation may revoke, in whole or in part, the setting apart and declaration of land as a State forest or timber reserve.

(2)In recommending the Governor in Council make the regulation, the Minister must—

(a)be satisfied, having regard to the purposes of this Act and the public interest, it is desirable to make land in the State forest or timber reserve available for—

(i)providing accommodation or recreational facilities for encouraging or promoting the tourist industry; or

(ii)opening as a road, or applying the land for use as a road, for public use; and

(b)have regard to access and other matters relating to the proper management of the remaining land in the State forest or timber reserve.

(3)Land excluded from a State forest or timber reserve under subsection (1)—

(a)is unallocated State land; and

(b)must be dealt with in a way consistent with the purpose for which the land was excluded.

32AA   Chief executive to lodge document for setting apart and declaration or change

(1)This section applies if a regulation is made under this part for—

(a)the setting apart and declaration of a State forest or timber reserve; or

(b)the revocation, amalgamation or other change to a State forest or timber reserve.

(2)The chief executive must lodge for registration with the registrar of titles a document evidencing the setting apart and declaration, revocation, amalgamation or other change.

(3)The document must—

(a)be lodged as soon as practicable after the regulation is made; and

(b)comply with any requirements of the registrar of titles.

(4)If a revocation, amalgamation or other change to a State forest or timber reserve affects a part of a lot within the meaning of the Land Act 1994, the document lodged must be accompanied by a plan of subdivision for the change.

32AB   [Repealed]

Part 3A    State plantation forest

32A   Declaration of land as State plantation forest

(1)A regulation may declare a stated area of land that is a State forest to be a State plantation forest.

(2)If land that is State plantation forest stops being a State forest or part of a State forest, the declaration of the land as a State plantation forest is taken to have been revoked.

(3)To remove any doubt, it is declared that the declaration of land as a State plantation forest does not affect the status of the land as State forest.

32B   Particular areas of conservation value to be removed from State plantation forest

Each area of land in the State plantation forest specified for a locality mentioned in column 1 of the following table in a plan mentioned in column 2 of the table stops being State plantation forest on the day specified for the area in column 3 of the table.

Column 1 Locality	Column 2 Plan	Column 3 Day area stops being State plantation forest
Palen Creek	Lots A,B & C on PLP0200	1 July 2030
Palen Creek	Lot A & B on PLP0359	1 July 2030
Mount Mee	Lot J on PLP0893	1 July 2040
Wongabel	Lot D on PLP0191	1 July 2050

Editor’s note—

Copies of plans mentioned in this table may be obtained for a fee at the head office of the department in Brisbane when it is open for business.

32C   Quarrying in State plantation forest

(1)The chief executive may not get or authorise a person to get a total of 5,000t or more of quarry material, in a year, from an area within a State plantation forest.

(2)This section does not apply in relation to a person who is—

(a)a plantation licensee; or

(b)a plantation sublicensee; or

(c)the proponent for a development agreement under the Forest Wind Farm Development Act 2020 if the quarry material is taken from project area A.

Part 4    Management of State forests, timber reserves and forest entitlement areas

Division 1 Management generally

33   Cardinal principle of management of State forests

(1)The cardinal principle to be observed in the management of State forests shall be the permanent reservation of such areas for the purpose of producing timber and associated products in perpetuity and of protecting a watershed therein.

(2)The chief executive must ensure each State forest is used and managed in the way the chief executive considers appropriate to achieve the purposes of this Act, having regard to—

(a)the benefits of permitting grazing in the area; and

(b)the desirability of conservation of soil and the environment and of protection of water quality; and

(c)the possibility of applying the area to recreational purposes.

33A   [Repealed]

33AA   [Repealed]

34   Use of State forests

(1)The chief executive in addition to all other powers conferred by this Act may from time to time for the purposes of the use and management of State forests—

(a)determine and cause to be put into operation the silvicultural system most suitable to the circumstances of any State forest; and

(b)make surveys including aerial and assessment surveys; and

(c)subject to the provisions of subsection (2), determine, in relation to the period specified in the determination, the maximum quantities of forest products of any kind or description which may be removed from any State forest or State forests during such period without impairing the permanent productive capacity of the State forest or State forests in question, and any such determination may from time to time be altered, varied or rescinded; and

(d)make roads and tracks thereon; and

(e)undertake and carry out nursery operations thereon; and

(f)undertake, carry out and maintain thereon protection works of every kind and description whatsoever; and

(g)purchase, hire or rent plant, equipment, means or rights of access, or any other thing which the chief executive deems necessary; and

(h)construct, build, erect, operate, or place thereon buildings, structures and other improvements (including but without limiting the generality hereof bridges, fences, fire lookouts, fire sheds, garages, houses, jetties, nurseries, offices, ranches, radio stations, storerooms, water supplies, wharves, workshops, workers’ accommodation and telephone lines) and may furnish, equip, repair, improve and maintain the same; and

(i)let or lease any buildings, structures or other improvements thereon on such terms and conditions as the chief executive deems fit; and

(j)promote and encourage the use of a State forest or any part or parts thereof for recreational purposes.

(2)Any determination thereof by the chief executive of the maximum quantities of forest products of any kind or description which may be removed from any State forest or State forests during any specified period or any alteration, variation or rescission of any such determination shall be subject to the approval of the Minister.

(2A)Upon the approval of any such determination, or any alteration or variation thereof, forest products of any kind or description specified in the determination shall not during the period specified therein be removed from the State forest or State forests in question in excess of the maximum quantities thereof specified in the determination or, in the case of any alteration or variation thereof as aforesaid, in the determination as so altered or varied.

(2B)Subsections (1)(a) and (c), (2) and (2A) do not apply to natural resource product in a licence area.

(3)Notwithstanding any lease, licence, permit or other right or authority (other than a plantation licence) granted under this or any other Act, the chief executive may within any State forest from time to time construct, carry out, improve, maintain, operate, protect, control, and otherwise manage any silvicultural or other works of any description whatsoever which the chief executive considers necessary or desirable for the proper utilisation and management of the State forest or to carry out the objects and purposes of this Act (whether in relation to the State forest or not).

34AA   Regulation of use of State forests etc. by notices

(1)This section applies to the whole or a part of a State forest, timber reserve or forest entitlement area (a relevant area).

(1A)The chief executive may, in relation to the relevant area, display notices for the purpose of regulating or prohibiting—

(a)the use of the relevant area by people; or

(b)vehicles or a specified class of vehicles using the relevant area; or

(c)animals or a specified class of animals being brought into the relevant area; or

(d)lighting, keeping or using a fire, or a particular type of fire, in—

(i)a State forest or timber reserve; or

(ii)a particular part of a State forest or timber reserve; or

(e)using stoves, barbecues, lamps, lanterns or other appliances in—

(i)a State forest or timber reserve; or

(ii)a particular part of a State forest or timber reserve; or

(f)entering a dam, lake or watercourse in a State forest or timber reserve; or

(g)going onto a bed or bank of a dam, lake or watercourse in a State forest or timber reserve.

(2)Without limiting the generality of subsection (1A), the chief executive may authorise the display of regulatory notices in the form of official traffic signs.

(3)A regulatory notice—

(a)may be displayed within, or near the entrances to, the relevant area to which the notice relates; and

(b)must specify or indicate a particular requirement or particular requirements to be complied with by persons entering, or in, the relevant area; and

(c)may expressly state that a contravention of a requirement contained on the notice constitutes an offence against this Act.

(4)A regulatory notice referred to in subsection (2) is, for the purposes of subsection (3)(b), taken to contain the direction or indication given by the corresponding official traffic sign.

(5)A person must not knowingly or recklessly contravene or fail to comply with a requirement contained on a regulatory notice.

(6)Evidence that a regulatory notice was displayed at a place referred to in subsection (3)(a) is evidence that the notice was so displayed with the authority of the chief executive.

34AB   Displaying information notices with regulatory notices

(1)This section applies if the chief executive displays a regulatory notice, other than an official traffic sign, in a State forest, timber reserve or forest entitlement area (a relevant area).

(2)A regulatory notice is—

(a)a notice under section 34AA that does not include a statement mentioned in section 34AA(3)(c); or

(b)a notice under section 34G(1).

(3)The chief executive must display another notice (a forest information notice) stating that the contravention of a requirement in a regulatory notice is an offence.

(4)The forest information notice must be displayed near each entrance to the relevant area.

(5)The chief executive may display a forest information notice at any other place that the chief executive considers appropriate.

(6)The chief executive must take reasonable steps to ensure a forest information notice—

(a)continues to be displayed while the regulatory notice is displayed; and

(b)is properly maintained.

(7)The chief executive may include in a forest information notice any information about the relevant area that the chief executive considers appropriate.

34A   Specialised management within State forests

The Governor in Council may, by regulation—

(a)declare the whole or a part of a State forest, other than a State plantation forest, to be a feature protection area, scientific area or State forest park; or

(b)declare a part of a State forest, other than a State plantation forest, to be a forest drive.

34B   Application of Transport Operations (Road Use Management) Act 1995 and Heavy Vehicle National Law (Queensland)

For the Transport Operations (Road Use Management) Act 1995 and the Heavy Vehicle National Law (Queensland), a feature protection area, scientific area, State forest park or forest drive is taken not to be a public place.

34C   Feature protection area

The chief executive—

(a)must ensure a feature protection area is used and managed so that the features thereof which gave rise to its declaration as such under this Act continue to exist; and

(b)may provide roads and paths for the purpose of enabling persons generally to travel to, within and from a feature protection area; and

(c)may provide picnic and other facilities for the use of persons generally within a feature protection area.

34D   State forest park

The chief executive—

(a)must ensure a State forest park is used and managed with a view to maintaining its forest setting; and

(b)shall provide roads and paths for the purpose of enabling persons generally to travel to, within and from a State forest park; and

(c)shall provide such recreational facilities as to the chief executive seem appropriate in a State forest park; and

(d)may cause to be erected and maintained at each entrance to and also within a State forest park such number of signs as to the chief executive seem desirable showing details of the recreational activities for which facilities are available within the park.

34E   Scientific area

(1)The chief executive—

(a)must ensure a scientific area is used and managed to preserve it as a sample of the natural environment of the State forest concerned; and

(b)may permit persons, who in the chief executive’s opinion are suitably qualified, to study the nature and environment of a scientific area; and

(c)may carry out or allow to be carried out in any scientific area any works which the chief executive considers necessary or desirable.

(2)Permission given pursuant to subsection (1)(b) shall be in writing and may be given subject to such provisions, reservations and conditions as the chief executive considers appropriate.

(3)A person who contravenes or fails to comply with a provision, reservation or condition of a permit given to the person pursuant to subsection (1)(b) commits an offence.

34F   Forest drive

The chief executive—

(a)shall provide upon a forest drive a road for the purpose of enabling persons generally to travel along the route of the forest drive; and

(b)may provide on a forest drive such facilities as to the chief executive seem desirable for the use and enjoyment of persons generally; and

(c)may cause to be erected and maintained within a State forest such number of signs as to the chief executive seem desirable with a view to informing persons generally of the existence and route of a forest drive.

34G   Regulating movement of vehicles on feature protection areas etc.

(1)The chief executive may, by erecting a notice or notices on or adjacent to any feature protection area, State forest park or forest drive, regulate and prohibit the movement of vehicles thereon.

Note—

Also see section 34AA for the regulation of vehicles in State forests etc.

(1A)A notice erected under subsection (1) may be in the form of an official traffic sign and, in such a case, is taken to contain a provision that is the same as the direction or indication given by the corresponding official traffic sign.

(2)A person who fails to comply with or contravenes a provision of a notice mentioned in subsection (1) commits an offence.

(2A)Evidence that a notice was erected on or adjacent to a place referred to in subsection (1) is evidence that the notice was so erected by the chief executive.

(3)Section 73(1)(e) does not apply to a person who traverses a State forest or part thereof that is a feature protection area, State forest park or forest drive.

(4)A person shall not on any feature protection area, State forest park or forest drive—

(a)drive or ride a vehicle—

(i)in any manner that would cause that vehicle to swerve, veer or turn violently without reasonable cause;

(ii)at such speed or in such other manner as may endanger himself or herself or endanger or inconvenience any other person;

(iii)in such a manner that an unreasonable amount of damage (having regard to the conditions existing at the time) is caused to any part of the feature protection area, State forest park or, as the case may be, forest drive;

(b)use a vehicle in such a manner as is likely to cause annoyance to any person.

34H   Camping notices

(1)The chief executive may display a camping notice in a State forest (other than a State plantation forest) near each entrance to the State forest.

(2)A camping notice is a notice that states the following—

(a)the State forest, or a part of the State forest, is for the period specified in the notice—

(i)an e-permit camping area; or

(ii)a self-registration camping area;

(b)the procedures, in general terms, to be followed by a person intending to camp in the area;

(c)the conditions applying to a person camping in the area;

(d)the penalty for camping in the area without a permit;

(e)the location of the permit distribution points (if any) for the area.

(3)Also, if the notice is for a self-registration camping area, the notice must state the fee (the camping fee) prescribed by regulation as payable for camping in the area.

(4)The chief executive may also display another notice at or near an e-permit camping area or self-registration camping area that states conditions applying to a person camping in the camping area that are additional to the conditions stated in the camping notice.

34I   Camping forms for self-registration camping areas

(1)The chief executive must provide camping forms, and a sealed secure container (a camping fee container) in a conspicuous and easily accessible place in a self-registration camping area.

(2)A camping form is a form that states the procedures, in general terms, to be followed by a person intending to camp in the self-registration camping area.

(3)A camping form must include—

(a)a detachable section (a camping tag) that has a space for a person who is granted a camping permit to write—

(i)the person’s name; and

(ii)an identifying number for the camping permit; and

(b)a detachable envelope (a camping fee envelope) that includes a section to allow a person to pay camping fees by credit card.

34J   Camping tags for e-permit camping areas

(1)The chief executive must make camping tags available at a conspicuous and easily accessible place (a permit distribution point) near an e-permit camping area.

(2)Each camping tag must contain a space for a person who is granted a camping permit to write—

(a)the person’s name; and

(b)an identifying number for the camping permit.

(3)The chief executive must—

(a)publish, on the department’s website, the location of the permit distribution points; and

(b)for a camping permit applied for by phone—ensure the person to whom the camping permit is granted is advised of the location of the permit distribution points.

Division 2 Particular provisions about permits

Subdivision 1 General

35   Granting of permit for land within State forest or timber reserve

(1)With respect to any land comprised in any State forest or timber reserve the chief executive may from time to time grant, subject to such provisions, reservations and conditions as the chief executive thinks fit—

(a)permits to occupy for a term fixed by the chief executive (occupation permits); or

(b)camping permits; or

(c)permits to graze stock (stock grazing permits) for a term fixed by the chief executive that—

(i)generally—is no more than 10 years; or

(ii)if the permit is for land in an SEQFA forest reserve—ends no later than 31 December 2024; or

(d)permits for apiary sites for a term fixed by the chief executive (apiary permits).

(2)If the term of a stock grazing permit, other than a stock grazing permit for land in an SEQFA forest reserve, has been fixed at less than 10 years the chief executive may, from time to time, extend the same for such term as the chief executive thinks fit but so that the term originally fixed and any extension or extensions thereof shall not, in the aggregate, exceed 10 years.

(2A)If a plantation licensee, plantation sublicensee, plantation manager or plantation officer (the decision maker) exercising power delegated to the decision maker under section 96B makes a decision under subsection (1) or (2), the decision maker must advise the applicant for the permit or the extension of the permit that the applicant may apply for a review of the decision under section 83A within 28 days if the applicant is dissatisfied with the decision.

(3)The chief executive may extend the term of a stock grazing permit granted over land in an SEQFA forest reserve for a term that ends no later than 31 December 2024.

(4)Despite subsections (1) to (3), no permit to which this section relates shall be granted or extended or subjected to any provision or condition unless the chief executive is satisfied that the objects of this Act would not be thereby prejudiced or opposed.

(5)Special leases of land within State forests
A term lease under the Land Act 1994 may be granted over land in a State forest and for the purpose of this subsection such land shall be deemed to be land reserved and set apart for public purposes, and the provisions of that Act so far as they are not inconsistent with so much of this Act as relates to State forests shall extend and apply to all such special leases accordingly.

(6)However, the term lease must not be granted and, if granted, must not be extended or renewed, unless the chief executive is satisfied the objects of this Act would not be prejudiced or opposed by the lease, including any conditions to be included in the lease.

(6A)If a term lease granted under subsection (5) is a rolling term lease under the Land Act 1994, its term may be extended under that Act only with the agreement of the chief executive and only after the chief executive considers the extension under subsection (6).

(7)In this section—

SEQFA forest reserve means a forest reserve under the Nature Conservation Act 1992 the dedication of which was in force immediately before the commencement of this definition.

35A   When camping permit is taken to have been granted

(1)This section applies if a person applies for a camping permit—

(a)over the internet, using a website authorised by the chief executive; or

(b)over the phone, using a phone number authorised by the chief executive; or

(c)by filling in a camping form (self-registration) for a self-registration camping area.

(2)If a person applies over the internet, the camping permit is taken to have been granted when the identifying number for the permit is displayed on the website.

(3)If a person applies over the phone, the camping permit is taken to have been granted when the person is advised over the phone of the identifying number for the permit.

(4)If a person applies by self-registration, the camping permit is taken to have been granted when—

(a)the person fills in a camping form for the self-registration camping area, in the way stated on the form; and

(b)the person—

(i)puts the camping fee, either in cash or a cheque, in the camping fee envelope together with the part of the form designed to accompany the camping fee; or

(ii)fills in the credit card payment section of the camping fee envelope; and

(c)if the person pays by cash or cheque, the person seals the envelope; and

(d)the person puts the envelope in the camping fee container.

(5)However, if—

(a)a person pays for a camping permit by cheque, and the cheque is dishonoured; or

(b)a person pays for a camping permit by credit card, and the person’s financial institution does not authorise the payment;

the camping permit is taken not to have been granted.

35B   Chief executive must issue camping tags

(1)This section applies if a person applies directly to the chief executive for a camping permit and the chief executive grants the person a permit under section 35.

(2)The chief executive must issue the person a camping tag for use with the permit when the permit is granted.

35C   Number of people, period and conditions of camping permit

(1)A camping permit for an e-permit camping area or self-registration camping area is taken to be granted to a person for—

(a)the number of people, and the number of days, stated by the person when applying for the permit; and

(b)the period when the area that is the subject of the permit is an e-permit camping area or self-registration camping area.

(2)However, the number of people and period for the camping permit is taken to be not more than—

(a)the maximum number of people stated on a camping notice for the e-permit camping area or self-registration camping area; and

(b)30 days or, if the camping notice states a shorter period, the shorter period.

(3)The camping permit is subject to the conditions stated in the camping notice and any additional conditions notice.

(4)In this section—

additional conditions notice means a notice under section 34H(4).

36   Dealings with respect to timber reserves

(1)Subject to this Act, a lease or permit may be granted under the Land Act 1994 with respect to any timber reserve or any part thereof.

(2)For the purpose of the grant, extension or renewal of any lease authorised by this section the land to be made subject to such lease, extension or renewal shall be deemed to be land reserved and set apart for public purposes and for the purpose of the grant, extension or renewal of any licence authorised by this section the land with respect to which the licence is to be granted, extended or renewed shall be deemed to be Crown land.

(3)A lease mentioned in subsection (1) may be granted, extended or renewed subject to conditions.

(4)If a term lease granted under subsection (1) is a rolling term lease under the Land Act 1994, its term may be extended under that Act only with the agreement of the chief executive.

37   Particular authorities over State forest, timber reserve or forest entitlement area

(1)The Governor in Council or the chief executive may impose provisions, reservations or conditions on the grant of a mining lease, exploration permit, mineral development licence, authority to prospect or petroleum lease under the Mining Acts, a geothermal tenure under the Geothermal Act or a GHG authority under the GHG storage Act.

(2)In the case of any such lease, permit licence or authority over the whole or a part of a State forest, timber reserve or forest entitlement area (a relevant area) the lease, permit licence or authority may be so granted subject to such provisions, reservations and conditions (including conditions as to securing payment to the chief executive for any loss and any damage to the relevant area and to any works thereon the property of the State) as the Governor in Council or the chief executive, as the case may be, may fix for the purpose of the protection of the State and of the relevant area and all works thereon (if any) the property of the State.

(2A)The Governor in Council or the chief executive, as the case may be, may, in addition to or in lieu of fixing any such conditions, require such sum to be deposited with the chief executive as will, in the Governor in Council’s or chief executive’s opinion, be sufficient to meet all loss or damage to the relevant area and to all works thereon (if any) the property of the State by reason of the grant of the lease, permit licence or authority.

(2B)The lessee or holder of any such lease, permit, licence or authority over a relevant area or any part thereof shall be liable to the State for any loss and any damage to the relevant area and to any works thereon vested in or under the control of the State by reason of the grant of the lease, permit, licence or authority and such loss or damage or loss and damage may be recovered by the State by action as for a debt in any court of competent jurisdiction or as otherwise prescribed.

(3)The lessee or holder of any such lease, permit licence or authority over a relevant area or any part thereof shall be liable to pay to the chief executive the royalty, stumpage or other fees or charges payable in respect of any timber cut or interfered with in or on the area of any such lease, permit licence or authority, notwithstanding that such timber may have been utilised for the purposes of such lease, permit licence or authority and notwithstanding any provisions of the Mining Acts, the Geothermal Act and the GHG storage Act to the contrary.

(4)The Mining Acts, the Geothermal Act and the GHG storage Act shall be read subject to the provisions of this section.

(5)Subsections (2B) and (3) do not limit—

(a)the matters for which compensation is payable; or

(b)the amount of compensation payable; or

(c)the persons to whom compensation is payable;

under the Mining Acts and the GHG storage Act.

38   [Repealed]

39   Interfering with forest products on State forests etc.

(1)A person shall not interfere with, or cause to be interfered with, any forest products on any State forest, timber reserve or forest entitlement area except under the authority of and in compliance in every respect with the requirements of—

(a)a lease, licence, permit, agreement or contract granted or made under this Act, the Land Act 1994, the Mining Acts, the Geothermal Act or the GHG storage Act; or

(b)a permit to light a fire on a licence area under the Fire Services Act 1990, section 145C.

Maximum penalty—

(a)for a first offence—1,000 penalty units; and

(b)for a subsequent offence—3,000 penalty units.

(2)This section does not apply to—

(a)a person performing duties under this Act acting in the administration of this Act; or

(b)a person acting under a plantation licence, plantation sublicence or related agreement or in accordance with an agreement entered into with a plantation licensee or plantation sublicensee.

39A   Forest entitlement areas and forest consent areas

(1)The cardinal principle to be observed in the administration of forest entitlement areas and forest consent areas shall be the utilisation and management of such areas for the production of indigenous timber and associated products in perpetuity and the chief executive must ensure forest entitlement areas and forest consent areas are used and managed in such manner as appears to the chief executive most appropriate to achieve that purpose and, in doing so, the chief executive shall endeavour to have the person with whom there subsists at the material time an agreement made pursuant to this section participate in the protection and silviculture treatment of the timber thereon under the supervision of the chief executive.

(2)In addition to all other powers conferred on the chief executive by this Act, for the purpose of using and managing a forest entitlement area or forest consent area the chief executive—

(a)shall have free right of access including ingress, egress and regress, for the chief executive or persons performing functions under this Act or persons authorised by the chief executive to and from the area including rights of ingress, egress and regress in, into, over, upon, along, across and out of the area and such other part of the freeholding lease or deed of grant concerned as are agreed to by the lessee or owner of the land or, failing such agreement, as will cause in the opinion of the chief executive as little damage as possible to the land and as little inconvenience as possible to the lessee or owner thereof;

(b)may—

(i)determine and cause to be put into operation the silvicultural system most suitable in the chief executive’s opinion to the circumstances of the area;

(ii)make or cause to be made surveys (including aerial surveys and assessment surveys) of the area;

(iii)determine the quantities and kinds of forest products that may be got, sold or removed from the area and the times at which the same may be got, sold or removed;

(iv)control, manage, work and protect the area and control, manage, work, protect, get, sell and remove forest products therein or thereon, and authorise other persons to do any of such things;

(v)determine and implement methods of managing, working, getting, selling or removing forest products in or on the area;

(vi)make on the area and on land in respect of which the chief executive has free right of access under paragraph (a) fire breaks and such formed and unformed tracks, bridges, culverts and other works as are necessary for the management, protection and getting of forest products in or on the area;

(vii)undertake, carry out and maintain on the area fencing and protection works of every kind and description;

(c)may—

(i)make an agreement with the lessee or owner of land that is or includes the area or with any person approved by the lessee or owner whereby the contracting party may participate in the protection and silvicultural treatment of the timber on the area, under the supervision of the chief executive, on the terms and conditions agreed to, which terms and conditions may provide for a sharing by the State and the contracting party of the proceeds of the sale of forest products in or on the area;

(ii)permit the contracting party to make and effect improvements and works of development in the area with the approval of the chief executive first had and obtained and on such terms and conditions as the chief executive considers appropriate;

(iii)permit the contracting party to do in the area such things as the chief executive approves and on such terms and conditions as the chief executive considers appropriate;

(iv)permit the destruction by the contracting party of such trees in the area as the chief executive determines on such terms and conditions as the chief executive considers appropriate;

(d)may, by agreement with the contracting party, cancel an agreement made pursuant to this section and make further such agreements with the person who was such contracting party and with 1 or more other persons being in each case the lessee or owner of land that is or includes the area or any part thereof or a person approved by the lessee or owner so that each further agreement relates to a part of the area;

(e)may cancel an agreement made with any person pursuant to this section by notice in writing given to the contracting party or in any other manner authorised by this Act, if the contracting party commits an offence or permits the commission of an offence against any provision of this Act, or fails to perform or comply with any term or condition of the agreement that binds the person whereupon (without prejudice to the operation of section 58) the rights, privileges and liabilities of the contracting party in respect of the area, that attached by reason of the person being a party to the agreement, shall cease, save for a liability on account of anything done or omitted by the person or on the person’s behalf before the cancellation of the agreement.

(3)The rights of a contracting party under an agreement made under this section and the obligation of a contracting party to perform such an agreement—

(a)shall not attach to the land of which the contracting party is lessee or owner and shall not pass with such land;

(b)shall not survive the contracting party;

(c)shall not be capable in law of being assigned and any purported assignment thereof shall be void;

(d)shall cease upon the contracting party being made bankrupt or otherwise taking advantage of the law relating to bankruptcy.

(4)An agreement under subsection (2)(c)(i) that applies to a forest consent area applies subject to the forest consent agreement for the forest consent area.

39B   Rights and liabilities of contracting party in respect of forest entitlement areas and forest consent areas

A contracting party—

(a)shall comply with all requirements of the chief executive in respect of the control, management, working and protection of the forest entitlement area or forest consent area, or part thereof, to which the agreement made with him or her pursuant to section 39A relates, and of the control, management, working, protection, getting, removal and sale of forest products therein or thereon;

(b)where the agreement made with the contracting party pursuant to section 39A provides for the contracting party sharing in the proceeds of sale of any forest products in or on the forest entitlement area or forest consent area to which the agreement relates, shall not be entitled to any amount on account of such proceeds until the forest products concerned have been sold and the proceeds of sale are in the hands of the State;

(c)subject to section 39A(3), shall have the rights and liabilities conferred or imposed on the contracting party by the agreement made with the contracting party pursuant to section 39A for as long as the agreement subsists.

39C   Interpretation

In sections 39A and 39B—

contracting party means every party to a subsisting agreement made under section 39A in relation to a forest entitlement area or forest consent area, or any part thereof, or in relation to the management, control or use of such an area or part, or in relation to the forest products therein or thereon, being a person with whom the chief executive has made the agreement.

Subdivision 2 Particular provisions for commercial activity permits

40A   Application to renew permit

(1)A person who holds a commercial activity permit may apply to the chief executive, before the permit expires, to renew the permit.

(2)The application must—

(a)be in the approved form; and

(b)include the information (if any) prescribed by regulation.

(3)The application must be accompanied by the fees, prescribed by regulation, for the application and the permit.

(4)If a person applies to renew a commercial activity permit in accordance with subsections (1) to (3), the permit continues in force until whichever of the following happens first—

(a)the application is decided;

(b)the application is withdrawn;

(c)3 months has elapsed after the day when the permit would otherwise have expired;

(d)the permit is suspended or cancelled.

40B   Amending conditions of permit

(1)The chief executive may amend or omit a condition of a commercial activity permit, when the permit is renewed—

(a)at the request of the permit holder; or

(b)on the chief executive’s own initiative.

(2)However, the chief executive may amend a condition, subject to section 40C(3)(b), only if the chief executive reasonably considers the amendment is necessary—

(a)to provide for the safety of people or property; or

(b)to provide for the proper management of the area to which the permit relates; or

(c)because the permit holder did not comply with a condition of the existing permit; or

(d)to conserve or protect forest products or other cultural or natural resources of the area to which the permit relates.

40C   Deciding application to renew permit

(1)The chief executive may grant an application to renew a commercial activity permit (an existing permit) if—

(a)the chief executive is not aware of information that would prevent the applicant from being granted a new commercial activity permit; and

(b)the chief executive is satisfied the permit holder has in relation to the existing permit—

(i)given the chief executive the information prescribed by regulation; and

(ii)paid the fee for the existing permit or agreed to pay the fee by instalments and has complied with the agreement.

(2)Subsection (1)(b) does not apply to an application for an existing permit for filming or photography.

(3)If the chief executive grants the application—

(a)the chief executive must give the applicant a renewed commercial activity permit that is effective from the day after the permit would otherwise have expired; and

(b)the renewed commercial activity permit must not authorise the person to carry out any of the following—

(i)activities not authorised under the existing permit;

(ii)activities at locations not authorised under the existing permit;

(iii)activities to a scale (such as in relation to numbers of people, vehicles, structures or animals) that is greater than the scale of activities authorised under the existing permit.

(4)If the chief executive refuses to grant an application to renew a commercial activity permit, the chief executive must give the applicant a notice stating—

(a)the reasons for the refusal; and

(b)that the refusal does not stop the applicant from applying for a new commercial activity permit.

40D   Combined commercial activity permits

The chief executive may issue a document that combines a commercial activity permit with either or both of the following—

(a)a commercial activity permit granted under the Nature Conservation Act 1992;

(b)a commercial activity permit granted under part 4 of the Recreation Areas Management Act 2006.

Part 5    [Repealed]

40   [Repealed]

40E   [Repealed]

40F   [Repealed]

41   [Repealed]

42   [Repealed]

Part 6    Control and disposal of forest products and quarry material and provisions about permits, licences etc.

Division 1 Application of pt 6

43   Application of pt 6 to forest products from a licence area

This part does not affect the rights of a plantation licensee or plantation sublicensee to deal with natural resource product, or to get and use quarry material, under part 6D or a plantation licence or plantation sublicence.

44   Construction of other Acts etc.

(1)Unless otherwise indicated or provided, the provisions of every other Act or law (except the River Improvement Trust Act 1940), and every provision (excepting this part) of this Act shall be read and construed and shall have operation and effect, subject to this part.

(2)Furthermore every lease, licence, permit or other authority granted under any Act, whether before, on, or after the commencement of this Act, in relation to any Crown holding or any lease or other entitlement granted under the Mining Acts, the Geothermal Act or the GHG storage Act shall be read and construed so as not to limit the operation and effect of, but so as to be subject to, this part.

(3)However, no provision of a permit or licence under this part shall authorise or be deemed to authorise the destruction of any tree contrary to any prohibition against its destruction imposed by or pursuant to the River Improvement Trust Act 1940.

44B   [Repealed]

Division 2 Control and disposal generally

44A   [Repealed]

45   Forest products etc. which are the property of the Crown

(1)Except where otherwise expressly provided by some other Act and without prejudice to the powers of any local government had and exercisable in respect of forest products or quarry material on any road under its control which powers howsoever shall not be taken to authorise or empower the local government to sell, without the consent of the chief executive, any such forest products and quarry material, it is hereby declared that in addition to all forest products on State forests and timber reserves, the following shall at all times be presumed to be the absolute property of the Crown, unless and until the contrary is proved—

(a)all forest products and quarry material on all Crown lands;

(b)all forest products and quarry material on all lands granted in trusts or reserved for or dedicated to public purposes (including all roads save State-controlled roads under the Transport Infrastructure Act 1994);

(d)all quarry material—

(i)other than topsoil, in all leases, containing an entitlement to a deed of grant in fee simple, held under the Land Act 1994 if granted after 31 December 1991, unless the lessee was the owner of that material at that time; and

(ii)in all deeds of grant containing a reservation of quarry materials under the Land Act 1994;

(e)all forest products and quarry material on all forest entitlement areas and on all Crown holdings at all times;

(ea)all forest products on all forest consent areas at all times;

(f)all forest products or quarry material on lands the property of the Crown comprised in any lease or other entitlement granted under the Mining Acts, the Geothermal Act or the GHG storage Act;

(g)commercial species of timber on a lease subject to an agreement between the Minister and a lessee for commercial timber on the land under the Land Act 1994.

(2)Subsection (1) does not affect the operation of the Mineral Resources Act 1989, section 236.

45A   Owner of quarry material

A lessee is to be taken to be the owner of quarry material in respect of a lease granted under the repealed Land Act 1962—

(a)on an application, under the repealed Land Act 1962, section 139 received before 5 February 1990; or

(b)on an application, under the repealed Land Act 1962, section 191 received before—

(i)5 February 1990; or

(ii)3 October 1991, in respect of a lease issued or a lease converted from a special lease issued—

(A)under the repealed Land Act 1962 and under an arrangement under the repealed Industrial Development Act 1963, section 9; or

(B)before the commencement of the repealed Industrial Development Act 1963—under a recommendation of the Minister administering industrial development; or

(c)on an application, under the repealed Land Act 1962, section 207 received before—

(i)5 February 1990; or

(ii)3 October 1991, in respect of a lease issued—

(A)under the repealed Land Act 1962 and under an arrangement under the repealed Industrial Development Act 1963, section 9; or

(B)before the commencement of the repealed Industrial Development Act 1963—under a recommendation of the Minister administering industrial development; or

(C)subject to a condition relating to the freeholding of the lease.

46   Sale of forest products or quarry material

(1)The chief executive may from time to time under, subject to, and in accordance with the provisions of this part sell, on behalf of the Crown, any forest products or quarry material the absolute property of the Crown save forest products on protected areas.

(1A)Such a sale may be made to such persons at such prices or at such rates and on such terms and subject to such conditions and reservations as the chief executive thinks fit, and unless otherwise prescribed the sale may be by auction, tender, or other method of sale.

(2)It shall be deemed to be a condition of every sale by the chief executive on behalf of the Crown of any forest products or quarry material on any land that the purchaser shall not get from the land the forest products or quarry material the subject of the sale, or any part thereof, except under the authority of and in compliance in every respect with the requirements of a sales permit for getting the forest products or quarry material.

46A   Sale of fossils and quarry materials to fossicker

(1)This section applies to a person fossicking under a licence under the Fossicking Act 1994 on a State forest, timber reserve or forest entitlement area (forest land) where fossicking is permitted under the Act.

(2)If the person collects not more than 1m³ of fossils or quarry materials in a year, the State is taken to have sold the fossils or quarry materials to the person at no cost.

(3)No royalty is payable for fossils or quarry materials mentioned in subsection (2).

47   Sale of forest products on Crown holdings or mining leases etc.

The Minister may give directions to the chief executive with respect to the selling or getting of—

(a)forest products or quarry material on or in any Crown holding; or

(b)forest products on or in any lease granted under the Mining Acts, the Geothermal Act or the GHG storage Act; or

(c)quarry material reserved in a deed of grant; or

(d)quarry material in a freeholding lease; or

(e)commercial species of timber subject to an agreement between the Minister and a lessee for commercial timber on the land under the Land Act 1994.

48   Getting or selling forest products

The chief executive may cause to be got and sold or otherwise disposed of, any forest products which are the absolute property of the Crown, other than forest products situate on a protected area, and for these purposes a person performing duties under this Act—

(a)may enter and re-enter the land on which such forest products are situate; and

(b)establish and carry on thereon such operations and works as the chief executive thinks fit; and

(c)convey or cause to be conveyed any forest products to any place the chief executive considers suitable for their better disposal.

49   Power to purchase forest products

The chief executive may from time to time enter into contracts with owners of land whereon forest products or quarry material are not the absolute property of the Crown for the purchase by the chief executive of any forest products or quarry material on that land and may get, or enter into such contracts or other arrangements as the chief executive thinks fit for the getting of, such forest products or quarry material on and from that land by such means as the chief executive considers proper.

50   Contracts for the supply of forest products

The chief executive may from time to time enter into contracts, subject to such provisions and conditions as the chief executive thinks fit, for the supply by the chief executive of any forest products or quarry material.

51   Power to purchase etc. plant etc.

(1)The chief executive may from time to time purchase, hire or rent any plant, equipment, means or rights of access, or other thing the chief executive deems necessary for the purpose of the getting and proper marketing of any forest products or quarry material, and, subject to any contract in respect thereof, may hire or otherwise make any such thing available for public use.

(2)Power to construct roads
The chief executive may from time to time construct, improve, maintain or protect, or cause to be constructed, improved, maintained or protected, roads or other means of access necessary for the proper marketing of forest products or quarry material.

52   Power to subsidise road works

(1)The chief executive may from time to time authorise the subsidisation of any department of the government, any local government, or any person, to the extent the chief executive thinks fit in the construction, improvement, maintenance, operation, or protection of roads or other means of access necessary for the proper marketing of any forest products or for the management of any State forest or timber reserve.

(2)Any such subsidy may take the form of a money grant or authority to get any forest products or quarry material as specified in such authority free of charge or at concessional rates or any combination of these.

53   Interference with forest products on Crown holdings and particular entitlements

(1)A person must not—

(a)destroy a tree, or get other forest products or quarry material, on a Crown holding; or

(b)destroy a tree, or get other forest products or quarry material, on any lands, the property of the Crown, that are included in a lease or other entitlement granted under the Mining Acts, the Geothermal Act or the GHG storage Act; or

(c)destroy commercial species of timber on a lease subject to an agreement between the Minister and a lessee for commercial timber on the land under the Land Act 1994;

otherwise than in accordance with a permit, lease, licence, agreement or contract granted or made under this Act, the Land Act 1962, the Mining Acts, the Geothermal Act, the GHG storage Act or another Act.

Maximum penalty—

(a)for a first offence—1,000 penalty units; and

(b)for a subsequent offence—3,000 penalty units.

(2)Subsection (1) does not apply if—

(a)the person is acting under the Biosecurity Act 2014; and

(b)that action destroys the tree or gets the other forest products; and

(c)the tree, or other forest products, is restricted matter.

(3)Where on any Crown holding the destruction of any tree or the getting of any other forest products or, as the case may be, any quarry material, is prohibited by this section, then the selector, lessee, or, as the case may be, holder of that Crown holding who allows or permits that prohibited act to be done shall be deemed for the purposes of this section to have done that act and proceedings may be taken against the person and the person shall be liable as if the person had destroyed that tree or got those other forest products or that quarry material, as the case may be, whether or not proceedings are taken against any other person for destroying that tree or getting such other forest products or quarry material.

53A   Interfering with forest products on forest consent area

(1)A person must not interfere with, or cause to be interfered with, any forest products on any forest consent area other than—

(a)under the authority of an Act or law; or

(b)under the authority of a permit, lease, licence or agreement granted or made under this Act.

Maximum penalty—

(a)for a first offence—1,000 penalty units; or

(b)for a subsequent offence—3,000 penalty units.

(2)Subsection (1) does not apply if—

(a)the person is acting under the Biosecurity Act 2014; and

(b)that action interferes with, or causes to be interfered with, the forest products; and

(c)the forest products are restricted matter.

54   Interfering with forest products on Crown lands etc.

(1)A person shall not interfere with, or cause to be interfered with, any forest products, any quarry material, or any earth or soil—

(a)on any Crown land; or

(b)on any land reserved for or dedicated to public purposes (including any road, save a State-controlled road under the Transport Infrastructure Act 1994);

except—

(c)under the authority of any other Act or law; or

(d)under the authority of and in compliance in every respect with the requirements of a permit, lease, licence, agreement or contract granted or made under this Act.

Maximum penalty—

(a)for a first offence—1,000 penalty units; and

(b)for a subsequent offence—3,000 penalty units.

(2)Subsection (1) does not apply if—

(a)the person is acting under the Biosecurity Act 2014; and

(b)that action interferes with, or causes to be interfered with, the forest products; and

(c)the forest products are restricted matter.

(3)Nothing in this section shall derogate from or otherwise affect any of the provisions of the Transport Infrastructure Act 1994.

54A   Interfering with quarry material in deeds of grant or freeholding leases

(1)A person must not, without lawful authority, interfere with quarry material in the land contained in—

(a)a deed of grant that contains a reservation of quarry materials under the Land Act 1994; or

(b)a freeholding lease.

(2)However an owner may use quarry material taken from a deed of grant or a freeholding lease for use on the grant or lease.

54B   Removal of forest products

(1)All forest products and quarry material obtained under the authority of an agreement, contract, permit, licence, or authority granted or made under this Act shall be removed from the area to which the agreement, contract, permit, licence, or authority applies during the currency of such agreement, contract, permit, licence, or authority, on such conditions (if any) as the chief executive may deem fit to impose and are specified in the agreement, contract, permit, licence, or, as the case may be, authority.

(1A)However, the chief executive may grant an extension or further extension of the time as aforesaid for the removal of the forest products or quarry material in which event the same shall be removed before that extended time expires.

(2)Any forest products and quarry material not removed as required by subsections (1) and (1A) shall be deemed to be forfeited to the Crown.

(3)A person shall not without the written authority of a forest officer remove from any land any forest products or quarry material got under the authority of any agreement, contract, permit, licence, or other right or authority granted or made under this Act without previously paying the proper royalty, stumpage or other fees or charges (if any) payable in respect thereof.

(4)All forest products and quarry material sold, cut, or got, upon which any purchase moneys, royalties, stumpages or charges are payable under this Act, shall, until payment thereof, remain the property of the Crown, and may be seized and detained or removed by any forest officer until such purchase moneys, royalties, stumpages and charges have been paid, and in default of payment within 1 month of seizure may, by direction of the Minister, be disposed of.

(5)The Crown’s interest under subsection (4) in forest products and quarry material—

(a)is declared to be a statutory interest to which section 73(2) of the Personal Property Securities Act 2009 (Cwlth) applies; and

(b)has priority over all security interests in relation to the forest products and quarry material.

(6)In this section—

security interest has the meaning given by the Personal Property Securities Act 2009 (Cwlth), section 12.

Division 3 Particular provisions about permits

55   Licences to get forest products etc.

(1)Licences may be granted by the chief executive under, and in accordance with this Act in respect of any land comprised in—

(a)any State forest or timber reserve; or

(b)any Crown land; or

(c)any land reserved for or dedicated to public purposes (including any road, save a State-controlled road under the Transport Infrastructure Act 1994); or

(d)any Crown holding;

for all or any of the following purposes—

(e)to get timber for fuel;

(f)to cut and split slabs, fencing material, and shingles;

(g)to get quarry material;

(h)such other purposes as may be prescribed.

(1A)Subsection (1)(d) does not apply to material that is owned by the lessee and mentioned in subsection (1)(e), (f), (g) or (h).

(1B)The chief executive may grant licences for the purpose of getting quarry material from—

(a)deeds of grant that contain a reservation of quarry materials under the Land Act 1994; or

(b)freeholding leases.

(2)If a plantation licensee, plantation sublicensee, plantation manager or plantation officer (the decision maker) exercising power delegated to the decision maker under section 96B makes a decision under subsection (1), the decision maker must advise the applicant for the licence that the applicant may apply for a review of the decision under section 83A within 28 days if the applicant is dissatisfied with the decision.

(3)Licence fees
Every such licence shall be granted subject to such terms and conditions as the chief executive deems fit and shall state the purpose for which it is granted and shall be granted subject to the payment by the licensee of such fees, or other moneys as may be prescribed in relation to the materials obtained thereunder and the class to which the licence belongs.

56   Permits etc.

(1)Subject to this Act, the chief executive shall have power and authority to grant to or make with any person, exclusively or in common with others, permits (including permits that allow a person to search for quarry material), licences, leases, or other authorities, and agreements or contracts under and for the purposes of this Act and to extend any of the same from time to time and every permit, licence, lease, authority, agreement or contract shall be granted or made or extended subject to the payment by the permittee, licensee, lessee or, as the case may be, the person with whom the agreement or contract is made of such charges, rents, purchase moneys, royalties, stumpages, fees or other moneys, and to such provisions, conditions and reservations as may be prescribed or, in so far as not prescribed, as the chief executive may determine.

(7)In this section—

function includes power.

relevant provision means each of the following—

(a)section 5, to the extent it is relevant to another relevant provision;

(b)section 56(1), to the extent it relates to an extension of an FPQ sales permit;

(c)part 4;

(d)sections 58, 59, 61(1A) and 80;

(e)sections 88(3), 89, 91 and 92.

129   Provision for s 73 (Unlawfully using State forests etc.)

(1)This section applies to a permit under section 73(2) granted by an administering entity, including by acting under repealed section 61M, that is in force immediately before the commencement.

(2)After the commencement, the permit—

(a)continues in force; and

(b)is taken to have been granted by the chief executive.

130   References to FPQ

In an Act or document, a reference to any of the following in relation to a State plantation forest or part of a State plantation forest may, if the context permits, be taken as a reference to the plantation licensee or a plantation sublicensee for the relevant licence area in the State plantation forest or part—

(a)FPQ;

(b)the chief executive of FPQ;

(c)the head of FPQO.

131   Dissolution of corporation sole under the Forestry Plantations Queensland Act 2006

The corporation sole constituted by the chief plantation forestry officer under the Forestry Plantations Queensland Act 2006 is dissolved.

132   [Repealed]

Division 3 Amendments under Waste Reduction and Recycling Act 2011

133   Existing State forest or timber reserve

(1)This section applies to a State forest or timber reserve declared and set apart under this Act as in force immediately before the commencement of this section.

(2)As soon as practicable after the commencement, the chief executive must give the chief executive (lands) written notice of the existence of the State forest or timber reserve.

(3)To remove any doubt, it is declared that section 32AB does not apply to the State forest or timber reserve.

Division 4 Amendments under Forestry and Another Act Amendment Act 2014

134   Definition for div 4

In this division—

old, in relation to a provision, means the provision as in force immediately before the commencement of the Forestry and Another Act Amendment Act 2014.

135   Certificates of appointment

(1)This section applies to a person who held an appointment as a forest officer or plantation officer immediately before the commencement of this section.

(2)On and after the commencement, the person’s certificate of appointment is taken to be an instrument of appointment.

(3)Also, the person’s certificate of appointment is taken to be the person’s identity card until whichever of the following happens first—

(a)1 year after the commencement;

(b)the day when the person is issued an identity card under section 17C or subsection (4).

(4)The chief executive may issue an identity card to a forest officer or plantation officer until the commencement of section 17C.

(5)The identity card must—

(a)contain a recent photo of the person; and

(b)contain a copy of the person’s signature; and

(c)identify the person as a forest officer or plantation officer under this Act; and

(d)state an expiry date for the card.

(6)An identity card issued under this section is taken to be an identity card issued under section 17C, until the identity card expires.

(7)This section does not prevent the issue of a single identity card to a person for this Act and other purposes.

136   Existing directions

(1)This section applies if a direction was given to a person and was still in effect before the commencement of this section.

(2)On and after the commencement, the direction is taken to continue in effect and to comply with any necessary requirements under the Act.

137   Existing notices under ss 34AA and 34G

(1)This section applies if a notice under the old section 34AA, 34AB or 34G is on display before the commencement of this section.

(2)On and after the commencement, the notice is taken to be a notice under, and in accordance with, section 34AA, 34AB or 34G.

138   Existing applications for permits to camp

(1)This section applies if, before the commencement of this section—

(a)a person applied to the chief executive for a permit to camp under the old section 35; and

(b)the application has not been decided.

(2)On and after the commencement, the application is taken to be an application for a camping permit under section 35.

139   Existing permits to camp

(1)This section applies if, immediately before the commencement of this section—

(a)a person held a permit to camp under the old section 35 or 35A; and

(b)the permit was still in force.

(2)The permit is taken to be camping permit, until the day the permit would have ended under the old section 35 or 35A.

Division 5 Transitional provisions for Recreation Areas Management and Another Act Amendment Act 2014

140   Permits for group activities granted before the commencement

(1)A permit for the conduct of a group activity in a State forest or timber reserve that is in force immediately before the commencement continues in force and the unamended Act continues to apply for the conduct of the activity as if the amendment Act, part 2 had not been enacted.

(2)In this section—

amendment Act means the Recreation Areas Management and Another Act Amendment Act 2014.

unamended Act means the Act as in force immediately before the commencement of the amendment Act, part 2.

141   Applications for permits for group activities made before commencement

An application for a permit to conduct a group activity made but not decided before the commencement is taken to be an application for a permit to conduct an organised event.

142   References to group activity or group activity permit

(1)A reference in an Act or document to a group activity may, if the context permits, be taken to be a reference to an organised event.

(2)A reference in an Act or document to a group activity permit may, if the context permits, be taken to be a reference to a permit for an organised event.

Division 6 Transitional provisions for Queensland Future Fund (Titles Registry) Act 2021

143   Definitions for division

In this division—

chief executive (lands) means the chief executive of the department in which the Land Act 1994 is administered.

former, for a provision of this Act, means the provision as in force from time to time before the commencement.

new, for a provision of this Act, means the provision as in force from the commencement.

registry function means a function of the chief executive (lands) under this Act as in force before the commencement.

144   Existing register continues

The register of plantation licences kept by the chief executive (lands) under former section 61RM immediately before the commencement continues and must be kept by the registrar of titles under new section 61RM.

145   Engagements and agreements under former s 61TS

(1)This section applies if—

(a)before the commencement, the chief executive (lands) had—

(i)engaged an entity under former section 61TS(4); or

(ii)entered into an agreement under former section 61TS(6); and

(b)on the commencement, the engagement or agreement—

(i)has not ended; and

(ii)has not been transferred to the titles registry operator under a transfer notice.

(2)From the commencement, the engagement or agreement is taken to have been entered into by the registrar of titles under—

(a)for an engagement entered into under former section 61TS(4)—new section 61TS(4); and

(b)for an agreement entered into under former section 61TS(6)—new section 61TS(6).

(3)In this section—

transfer notice see the Queensland Future Fund (Titles Registry) Act 2021, section 20.

146   Approved forms continue as approved forms of registrar of titles

(1)This section applies to a form approved by the chief executive (lands) under former section 61RU that is in force immediately before the commencement.

(2)From the commencement, the form is taken to be a form approved by the registrar of titles under new section 61RU.

147   Application of new s 96E

(1)This section applies to an act or omission done before the commencement by—

(a)the chief executive (lands); or

(b)a person performing functions of the chief executive (lands) under a delegation.

(2)From the commencement, new section 96E applies in relation to the act or omission as if the chief executive (lands) or person were a State official within the meaning of that section.

148   Other things done by or in relation to chief executive (lands)

(1)This section applies to anything done by or in relation to the chief executive (lands) under this Act before the commencement in relation to a registry function if—

(a)were the thing done after the commencement, the thing would be done by or in relation to the registrar of titles; and

(b)the thing is not otherwise dealt with by a provision of this division.

(2)From the commencement, the thing done by or in relation to the chief executive (lands) is, if the context permits, taken to have been done by or in relation to the registrar of titles.

(3)This Act applies in relation to the thing taken to have been done by or in relation to the registrar of titles with necessary changes.

(4)Without limiting any other provision of this division, a regulation may—

(a)declare an act done or omission made under this Act before the commencement to be an act or omission to which this section applies; and

(b)provide for how the provisions of this Act apply in relation to a thing taken to have been done by or in relation to the registrar of titles under this section.

149   Declaration of particular matters for s 148

(1)This section declares matters for section 148(2) and (3) but does not limit those provisions.

(2)Subsection (3) applies if a thing done by the chief executive (lands) before the commencement is or includes a direction or requirement (however called) applying to or of a person.

Examples of directions or requirements—

•a direction about the form of a document for registration

•a requirement under section 61TP to deposit a document for correction or cancellation

(3)From the commencement, the person must comply with the direction or requirement in relation to the registrar of titles.

(4)For subsection (3), if failure to comply with the direction or requirement constitutes an offence, a proceeding for the offence may be started and the person may be convicted of and punished for the offence.

(5)Subsection (6) applies if the doing of a thing in relation to the chief executive (lands) required or allowed the chief executive (lands) to take action in relation to the thing that was not taken before the commencement.

(6)From the commencement, the registrar of titles is required or allowed to take the action in relation to the thing under this Act.

Examples of action that the registrar of titles may be required or allowed to take—

•give a notice of a caveat that was lodged under former part 6E, division 11 before the commencement

•correct the register as ordered by a court before the commencement

•deal with an application, notice or other document made, deposited or lodged before the commencement

(7)For subsection (6), if this Act required that the chief executive (lands) have a particular opinion, belief or state of mind in order to take the action, then the registrar of titles must have the opinion, belief or state of mind to take the action.

150   References in documents

A reference in a document to the chief executive (lands) may, if the reference relates to a registry function and the context otherwise permits, be taken to be a reference to the registrar of titles.

Schedules [Repealed]

Schedule 1 [Repealed]

Schedule 2 Subject matters for regulations

section 97

1   Officers

Prescribing the powers, functions, authorities and duties of forest officers and other persons performing duties under this Act.

2   Training of officers

Providing for the training of officers.

3   Mode of action etc.

Prescribing and defining the manner of doing or performing any act or thing under or for the purposes of this Act, and the time when or within which it shall be done or performed.

4   State forests and timber reserves

(1)Regulating and controlling—

(a)the management and control of State forests or timber reserves;

(b)the conduct and duties of persons in State forests or timber reserves;

(c)recreational and commercial activities within State forests or timber reserves.

(2)Providing for the payment of charges for the use of facilities and improvements on State forests or timber reserves and prescribing the amount thereof.

(3)Providing for camping fees payable in relation to camping in State forests and timber reserves.

4A   State forest parks, feature protection areas and forest drives

(1)Regulating and controlling recreational activities in or on State forest parks, feature protection areas and forest drives.

(2)The regulations may vary in respect of different State forest parks, feature protection areas and forest drives.

5   Use etc. of buildings

Providing for, regulating and controlling the use, management, and letting of any building or structure or other improvement the property of the State or FPQ.

6   Method of getting and disposal

Prescribing, regulating, and controlling the method, system, or order of getting and disposal of quarry material and forest products within all or any parts of State forests and timber reserves, or other prescribed lands whereon quarry material or forest products are the property of the Crown or FPQ.

7   Permits etc.

(1)Prescribing, regulating, and controlling applications for, and the granting and issuing of leases, permits, licences, and other authorities, and the entering into agreements and contracts, under or for the purposes of this Act.

(2)Prescribing the provisions, conditions, and reservations subject to which all or any such leases, permits, licences, other authorities, agreements and contracts shall be granted or made, held, transferred, mortgaged, extended, determined, cancelled, forfeited, surrendered, or withdrawn.

(3)Prescribing, regulating, and controlling the exercise of the powers and authority conferred by leases, permits, licences, other authorities, agreements and contracts, and all or any matters incidental thereto.

(4)Prescribing the conditions under which, and the period or maximum period for which, the obligations under this Act of the holder of a lease, permit, licence, or other authority, or of a party to a contract or agreement to perform any conditions thereof may be suspended.

(5)Prescribing the manner and form of forfeiture or cancellation or suspension of leases, permits, licences, other authorities, and agreements and contracts, and the conditions under which such may be made, and the procedure to be observed.

8   Deposits etc.

Prescribing the deposits to be lodged with an application or tender under this Act and prescribing the conditions under which such deposits may be forfeited.

9   Auction etc. of forest products

(1)Prescribing and regulating the method and the procedure for the sale, whether by auction, tender or other method of sale, of forest products or quarry material, and enabling upset prices or minimum royalties, stumpages, or charges to be fixed.

(2)Providing for the drawing up from time to time of price lists for various timbers and other forest products and various classes and specifications of timbers and other forest products whether in the forest or converted in any way or delivered to any place.

10   Auction etc. of grazing permits etc.

Prescribing the procedure for the sale by auction or tender or otherwise of rights, stock grazing permits, occupation permits, or apiary permits, and enabling upset prices or minimum charges to be fixed.

11   Declarations etc.

(1)Providing in respect of forest products or quarry material, irrespective of source, for the making of declarations or statements in writing as to the quantity and description of forest products or quarry material got, held, treated, consigned, or exported, or otherwise disposed of, and as to the place where any forest products or quarry material were obtained, and as to the place to which they were or were intended to be consigned or otherwise disposed of.

(2)Prescribing the time within which such declarations or statements shall be made.

12   Inspection

(1)Providing for the inspection of forest products or quarry material for export and for local uses.

(2)Prescribing the forms and certificates to be used, the fees to be paid, and the brands or marks to be used.

13   Grading

Prescribing rules for the naming, classifying, and grading of timber and other forest products for export and for local use.

14   Sizes, quantities etc.

(1)Prescribing the kinds, sizes, and quantities of any forest products or quarry material which may be got.

(2)Prohibiting the removal of any forest products or quarry material until branded or marked, or otherwise permitted by a forest officer.

15   Brands

(1)Prescribing for all or any purposes of this Act the mode in which any forest products are to be branded or marked, and the mode in which such brands or marks shall be registered.

(2)Requiring the registration of brands by all or any timber-workers operating under agreements, contracts, permits, or licences.

(3)Prescribing the manner of and the fees to be paid for all or any such registrations.

(4)Requiring the holders of permits or licences and all owners of private forests to register and retain the use of a brand whereby timber or other forest products cut or removed under their permits or licences or cut in or removed from their holdings may be distinguished from any other timber or other forest products.

(5)Prescribing the manner of and the fees to be paid for all or any such registrations.

16   Records

Prescribing the books and records to be kept and the returns to be made by persons working or taking delivery of forest products or quarry material.

17   Production of permits etc.

Requiring the production of any lease, permit, licence, or other authority, agreement or contract by the holder thereof, for the purpose of making an endorsement thereon, or for any other purposes.

18   Fire prevention etc.

Prescribing means for fire prevention and protection in State forests and timber reserves.

19   Felling trees

Regulating and controlling the felling or cutting of trees which are on any State forest or timber reserve.

20   Prevention of pollution

Prescribing with respect to the depositing or discharge of effluent, rubbish, refuse, garbage, litter or other matter whether in a solid or fluid state on State forests or timber reserves.

21   [Repealed]

22   Honorary rangers

Prescribing the powers, functions and authorities of honorary rangers.

23   Reservation of trees

(1)Reserving from sale any tree or kind or class of trees within State forests or timber reserves or other place whereon the forest products are the property of the Crown, either wholly or to such extent as is considered necessary.

(2)Prohibiting the getting, destroying, or damaging of reserved trees.

24   Forms

Prescribing forms (including registers, records, books, documents, instruments, licences, permits, agreements, contracts, and other writings) under and for the purposes of this Act and the respective purposes for which such forms, or forms to the like effect, shall be used and specifying such information as is required to be contained in such forms, and requiring the verification of any statements inserted in or on any prescribed forms by declaration made under the Oaths Act 1867.

25   Fees etc.

Prescribing the matters or things in respect whereof fees, costs, royalties, stumpages, charges, and expenses shall be payable under this Act (including royalties, stumpages, and charges to be paid to the Crown or FPQ) in respect of any forest products or quarry material cut or got and removed pursuant to licences, permits, agreements or contracts under this Act, and the amounts of such fees, costs, royalties, stumpages, charges, and expenses, and prescribing the persons who shall be liable for the payment of such fees, costs, royalties, stumpages, charges, and expenses, and when such fees, costs, royalties, stumpages, charges, and expenses shall be payable and paid, and providing for the manner of payment thereof and for the recovery of any amount thereof not duly paid.

26   Stock

Prescribing all or any matters and things necessary or desirable with respect to the disposal of or dealing with stock found on State forests, timber reserves and forest entitlement areas.

27   Penalties

Prescribing a penalty of not more than 20 penalty units for a contravention of a regulation.

28   [Repealed]

Schedule 3 Dictionary

section 5

accepted representations, for part 6D, division 6, see section 61QZ(2).

administering entity ...

aircraft includes a helicopter.

animal life means all mammals, birds, reptiles, frogs, fish, molluscs, crustaceans, insects, and all other species of animal life and the eggs and young thereof.

apiary permits see section 35(1)(d).

application for division see section 61RC.

approved appliance means a self-contained cooking, heating or lighting appliance that is portable and uses manufactured fuel, including kerosene, refined oil or gas.

approved form means a form approved under section 61RU.

beds and banks, used with reference to any watercourse the bed and banks thereof as defined in the Water Act 2000 and where elevations or slopes of land contiguous to the bed and banks as hereinbefore in this definition defined of any watercourse confine or tend to confine the waters flowing in, into or out of such watercourse during the period of any flood or cyclone, the term bed and banks shall include all land covered by the waters so confined or tending to be so confined.

camp includes each of the following—

(a)to pitch, place or erect a tent, caravan or other structure that may be used for camping to stay overnight by using the tent, caravan or structure;

(b)to place camping equipment or a vehicle in position to stay overnight using the equipment or vehicle;

(c)to keep a tent, caravan or other structure or camping equipment in position overnight, whether or not the tent, caravan, structure or equipment is attended;

(d)to stay overnight, other than as part of an activity that—

(i)does not involve the use of camping equipment; and

(ii)is generally not considered to be camping.

camping area means a State forest, or a part of a State forest, stated in a camping notice to be a camping area.

camping equipment means equipment or other things used for camping.

camping fee see section 34H(3).

camping fee container see section 34I(1).

camping fee envelope see section 34I(3)(b).

camping form see section 34I(2).

camping notice see section 34H(2).

camping permit means a permit granted under—

(a)section 35(1)(b);

(b)section 35A(2), (3) or (4).

camping tag means a tag made available by the chief executive for display at a person’s camp site to show that the person has a camping permit for the site.

carbon abatement product, for part 6C, see section 61K.

carbon sequestration, for living biomass including trees and vegetation, dead organic matter or soil, includes—

(a)the process by which the biomass, matter or soil removes and stores carbon dioxide from the atmosphere; and

(b)the use of the biomass, matter or soil to avoid, reduce or eliminate greenhouse gas emissions.

chief executive ...

chief executive (fire) ...

chief executive (lands) ...

commercial activity permit means a permit for a commercial activity.

compensation event, for part 6D, see section 61Q.

Conservator of Forests ...

contiguous, when used in relation to lands set apart and declared as State forests, or timber reserves, includes lands that are separated only by a road or roads or by a watercourse, body of water or other natural feature.

conviction includes a finding of guilt, and the acceptance of a plea of guilty by a court.

corporation ...

Crown holding means land—

(a)held under the repealed Land Act 1962 as a pastoral lease, stud holding, grazing homestead perpetual lease, special lease, development lease (issued on or after 31 December 1991), occupation licence, permissive occupancy or road licence; or

(b)held as a perpetual town lease (non-competitive lease), perpetual suburban lease (non-competitive lease) or perpetual country lease (non-competitive lease)—

(i)that issued under the repealed Land Act 1962 over Crown land on or after 31 December 1991; or

(ii)that issued on or after 31 December 1991 on an application under the repealed Land Act 1962, section 207 that was received—

(A)on or after 5 February 1990; or

(B)in respect of a lease issued under this Act and under an arrangement under the repealed Industrial Development Act 1963, section 9 or issued before the commencement of the repealed Industrial Development Act 1963 under a recommendation of the Minister administering industrial development—on or after 3 October 1991; or

(c)held as a term lease, a perpetual lease, a licence or permit issued under the Land Act 1994; or

(d)held under a lease or licence prescribed under the regulations.

Crown land means all land in Queensland, except land which is, for the time being—

(a)lawfully granted or contracted to be granted in fee simple by the Crown; or

(b)reserved for or dedicated to public purposes; or

(c)subject to any lease or licence lawfully granted by the Crown; or

(d)set apart and declared as a State forest, protected area or timber reserve or deemed so to be.

However, land held under an occupation licence, other than an occupation licence referred to in the definition Crown holding, and an occupation licence granted over a timber reserve or any part thereof, shall be deemed to be Crown land.

deed of grant means land granted in fee simple under the Land Act 1994, and includes an indefeasible title under the Land Act 1994.

Department ...

Department of Forestry ...

Deputy Conservator of Forests ...

destroy, used in relation to any tree, means cut down, fell, ringbark, push over, poison or destroy by any means whatsoever.

development agreement see the Forest Wind Farm Development Act 2020, section 6.

Director-General ...

enforcement warrant, for part 6E, division 9, see section 61SU.

enforcing party means a person appointed by a mortgagee under a registered mortgage.

entrance, in relation to a State forest, timber reserve or forest entitlement area, is an area of land—

(a)developed with the authority of the chief executive for use as a vehicular or walking entrance; and

(b)that is commonly used by people for the purpose of driving or riding vehicles or walking into the State forest, timber reserve or forest entitlement area.

Environmental Park ...

e-permit camping area means a State forest, or a part of a State forest, stated to be an e-permit camping area by a camping notice.

existing lease, for part 6B, see section 61JA(1).

feature protection area means the whole or part of a State forest declared as such under this Act.

fire commissioner means the commissioner under the Fire Services Act 1990.

forest consent agreement see section 61J.

forest consent area see section 61J.

forest drive means that part of a State forest declared as such under this Act.

forest entitlement area has the same meaning as in the Land Act 1994.

forest infringement ...

forest officer means a person appointed as a forest officer under section 17.

forest products means all vegetable growth and material of vegetable origin whether living or dead and whether standing or fallen, including timber, and, in relation to a State forest, timber reserve, forest consent area or forest entitlement area the term includes—

(a)honey;

(b)all form of indigenous animal life;

(c)any nest, bower, shelter or structure of any form of indigenous animal life;

(d)fossil remains;

(e)relics;

(f)quarry material;

but does not include grasses on a stock route under the Stock Route Management Act 2002, or grasses (indigenous or introduced) or crops grown on a Crown holding by the lessee or licensee of the Crown holding, on a forest consent area by the lessee or owner of the land containing the forest consent area or on a forest entitlement area by the lessee or owner of the land containing the forest entitlement area.

FPQ means Forestry Plantations Queensland.

FPQO means the entity called Forestry Plantations Queensland Office.

freeholding lease means a freeholding lease under the Land Act 1994, if the deed of grant that will issue from the freeholding lease would be required, under the Land Act 1994, section 22, to contain a reservation mentioned in the section.

Geothermal Act means the Geothermal Energy Act 2010.

get, used in relation to any forest products, includes get, win, cut, saw, fell, dig, gather, remove, convert, or obtain; and used in relation to any earth, soil, or quarry material, includes dig, gather, remove, convert, or obtain.

GHG storage Act means the Greenhouse Gas Storage Act 2009.

Historic area ...

incidental thing see section 18(1)(ga)(i).

interfere with, used in relation to any forest products, earth, soil, or quarry material, includes destroy, get, damage, mark, move, use, or in any way interfere with.

lake includes lagoon, swamp, marsh and any other natural collection of water.

Land ...

Land Administration Commission ...

Land Commissioner ...

lease land, for part 6B, see section 61J.

licence means a licence under this Act, but does not include a plantation licence.

licence area means the area of State plantation forest specified in a plantation licence or plantation sublicence as the licence area for the plantation licence or plantation sublicence.

litter includes broken glass.

litter bin means a receptacle for litter provided by the chief executive.

living biomass includes a tree or vegetation.

Local Authority ...

Magistrates Court ...

management includes control, regulation, construction, maintenance and protection.

Mining Acts means the Coal Mining Safety and Health Act 1999, the Mineral Resources Act 1989, the Petroleum Act 1923 or the Petroleum and Gas (Production and Safety) Act 2004.

Minister ...

mortgage, in relation to a plantation licence or plantation sublicence, means a mortgage, charge or other security interest granted by—

(a)a plantation licensee over its rights under a plantation licence; or

(b)a plantation sublicensee over its rights under a plantation sublicence.

mortgagee means the person entitled to the benefit of a mortgage.

motor vehicle has the same meaning as in the Transport Operations (Road Use Management) Act 1995.

National Credit Code means the National Credit Code in Schedule 1 of the National Consumer Credit Protection Act 2009 (Cwlth).

National Park ...

native forest hardwood sawlogs ...

native forest sawlog allocation system ...

natural resource product includes the following—

(a)all parts of a tree or vegetation, whether alive or dead, including parts below the ground;

(b)carbon stored in a tree or vegetation;

(c)carbon sequestration by a tree or vegetation.

notice means a notice, sign, pictograph or other device, of whatever material and whether fixed or movable, erected or displayed in or near a State forest with the authority of the chief executive.

occupation permits see section 35(1)(a).

officer means the chief executive or a forest officer.

official traffic sign means an official traffic sign within the meaning of the Transport Operations (Road Use Management) Act 1995.

Order in Council ...

original plantation licence, for part 6D, division 7, see section 61RC(1)(a).

owner—

(a)generally, means—

(i)for a vehicle that is registered under a law of a State or Territory providing for the registration of vehicles—the person in whose name the vehicle is registered; or

(ii)for land held under a deed of grant—its registered proprietor; or

(iii)for a freeholding lease—the lessee; and

(b)of land for part 6C, see section 61K.

permit means a permit granted or taken to have been granted under this Act and in force at the material time and, with reference to any particular provision of this Act, a permit of the description appropriate according to that provision.

permit distribution point see section 34J(1).

permit holder means the holder of a permit.

place includes any house, office, room, tent, building, erection, structure, premises (whether upon land or water), vessel, vehicle or aircraft, and any road, street, thoroughfare, alley, right of way (whether public or private), and any land, whether public or private and whether enclosed or otherwise, and also includes any part of any place.

plantation forestry, for part 6D, see section 61Q.

plantation licence see section 61QA(1).

plantation licence sketch plan, for part 6E, see section 61RL.

plantation licensee see section 61QA(1).

plantation manager means a person appointed as a plantation manager under section 61QG or 61QQ.

plantation officer means a person appointed as a plantation officer under section 17.

plantation operator means any of the following persons—

(a)a plantation licensee;

(b)a plantation sublicensee;

(c)a plantation manager;

(d)a registered mortgagee or an enforcing party exercising power under section 61SQ.

plantation sublicence see section 61QO(2).

plantation sublicensee see section 61QO(1).

prescribed means prescribed by this Act.

Primitive and recreation area ...

Primitive area ...

Proclamation ...

project area A see the Forest Wind Farm Development Act 2020, schedule 2.

proponent, for a development agreement, see the Forest Wind Farm Development Act 2020, schedule 2.

protected area means any of the following under the Nature Conservation Act 1992—

(a)a national park (scientific);

(b)a national park;

(c)a national park (Aboriginal land);

(d)a national park (Torres Strait Islander land);

(e)a national park (Cape York Peninsula Aboriginal land);

(f)a conservation park;

(g)a resources reserve;

(h)a special wildlife reserve.

public purposes means any purposes included within the definition of the term public purpose under the Land Act 1994, schedule 6.

quarry material includes—

(a)guano; and

(b)stone, gravel, sand, rock, clay, earth and soil;

but does not include—

(c)minerals within the meaning of the Mineral Resources Act 1989; or

(d)topsoil, if quarry material is reserved in a deed of grant; or

(e)topsoil on a freeholding lease.

reasonably believes means believes on grounds that are reasonable in the circumstances.

reasonably suspects means suspects on grounds that are reasonable in the circumstances.

recreational purposes means any purpose for recreational activities, including recreational activities provided by a business.

Recreation area ...

register means the register of plantation licences.

registered means registered in the register.

register of plantation licences means the register kept by the registrar of titles under section 61RM.

registrar of titles means the registrar of titles under the Land Title Act 1994.

registry ...

Regulations ...

regulatory notice means a notice referred to in section 34AA(1A).

related agreement means an agreement under section 61QB(1).

relevant natural resource product ...

relevant provisions ...

relevant State land, for part 6D, see section 61Q.

requirement, in relation to a regulatory notice or camping notice, includes a direction, instruction, indication, condition or other provision contained on the notice.

requisition see section 61TQ(1).

restricted matter see the Biosecurity Act 2014, section 21.

sales permit means a permit granted under section 56.

Scenic area ...

scientific area means the whole or part of a State forest declared as such under this Act.

Sea bed ...

Secretary ...

seized thing see section 82B.

self-registration camping area means a State forest, or a part of a State forest, stated to be a self-registration camping area by a camping notice.

self-registration camping notice ...

show cause notice, for part 6D, division 6, see section 61QY(2).

show cause period, for part 6D, division 6, see section 61QY(2)(d).

signed notice means a notice signed by the chief executive.

sketch plan, for part 6E, see section 61RL.

State forest means land set apart and declared or deemed to be set apart and declared under this Act as a State forest.

State forest information notice ...

State forest park means the whole or part of a State forest declared as such under this Act.

State plantation forest means an area of land declared to be a State plantation forest under section 32A.

stock means cattle, horses, sheep, goats, or swine, or the young of any such animals.

stock grazing permits see section 35(1)(c).

This Act ...

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

timber reserve means land set apart and declared or deemed to be set apart and declared under this Act as a timber reserve.

titles registry operator means the operator under the Queensland Future Fund (Titles Registry) Act 2021.

topsoil means that part of the soil profile from the earth’s surface down to the limit of major biological activity that—

(a)generally contains most of the root systems of native perennial plants; and

(b)is generally darker in colour than underlying material.

trees includes not only timber trees, but all other trees, and shrubs, bushes, seedlings, saplings, and re-shoots of every description and any parts thereof.

unformed plantation forest road see section 61QM(7).

vehicle includes—

(a)any type of transport that moves on wheels, whether or not the vehicle is capable of being operated or used in a normal manner; and

(b)a hovercraft.

vessel means—

(a)a ship, boat, punt, ferry, or air cushion vehicle; or

(b)any other kind of vessel that is used or apparently designed for use in navigation, however it is propelled.

warden ...

watercourse means a river, creek or stream in which water flows permanently or intermittently.

waters means Queensland waters.

wild river ...

wild river area ...

wild river declaration ...