Forestry Act 2012 (NSW)
Forestry Amendment (Koala Habitats) Bill 2023 [Non-government Bill— Ms S Higginson, MLC]
Forestry Amendment (Timber Harvesting Safety Zones) Bill 2023 [Non-government Bill— the Hon Mark Banasiak, MLC]
An Act to provide for the dedication, management and use of State forests and other Crown-timber land for forestry and other purposes; to constitute the Forestry Corporation of New South Wales as a statutory State owned corporation and to specify its objectives and functions; to repeal the Forestry Act 1916 and the Timber Marketing Act 1977 and to amend certain other legislation; and for related purposes.
This Act is the Forestry Act 2012.
This Act commences on a day or days to be appointed by proclamation.
In this Act—
(a) land within a State forest or flora reserve,
(b) Crown land (whether or not held under a lease or licence from the Crown and whether or not included in a timber reserve),
(c) land affected by a profit à prendre,
but does not include—
(d) any Crown land the subject of a prescribed Crown tenure if the subject land has an area of 2 hectares or less, or
(e) any Crown land the subject of a tenure from the Crown that is not a prescribed Crown tenure.
Part 5A is transferred to this Act on the commencement of Schedule 4.11[16].
(a) logging operations, namely, the cutting and removal of timber from land for the purpose of timber production, or
(b) the harvesting of forest products, or
(c) ongoing forest management operations, namely, activities relating to the management of land for timber production such as thinning, burning and other silvicultural activities and bush fire hazard reduction, or
(d) ancillary activities to enable or assist in the above operations such as the provision of roads, snig tracks, waterway crossings and temporary timber storage facilities.
(a) a government sector agency within the meaning of the Government Sector Employment Act 2013 or the head (within the meaning of that Act) of any such agency,
(b) a NSW Government agency,
(c) any other public authority that is constituted by or under an Act or that exercises public functions (other than a State owned corporation).
Part 5B is transferred to this Act on the commencement of Schedule 4.11[16].
The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.
Notes included in this Act do not form part of this Act.
For the purposes of this Act, a
(a) for the purpose of timber production, or
(b) for the protection of the environment (including for the purpose of reducing the salinity of the land or otherwise repairing or improving the land, for the purpose of biodiversity conservation or for the purpose of acquiring or trading in carbon sequestration rights), or
(c) for any other purpose,
but not principally for the purpose of the production of food or any other produce other than timber.
To avoid doubt, a natural forest is not a plantation for the purposes of this Act. However, an area of land is not a natural forest merely because it contains some native trees that have not been planted.
The Minister may, after carrying out an assessment of an area of land, by order published in the Gazette make a determination as to whether or not the area comprises or is part of a plantation for the purposes of this Act. Any such determination has effect according to its tenor.
There is constituted by this Act a corporation with the corporate name of the Forestry Corporation of New South Wales.
Schedule 4 to this Act amends the SOC Act to make the Forestry Corporation a statutory State owned corporation.
The SOC Act contains a number of provisions that will apply to the Corporation as a statutory SOC. In particular—
(a) Part 3 contains provisions relating to the status of the Corporation, the application of the Corporations Act 2001 of the Commonwealth, the issue of shares to the Treasurer and another Minister, the board of directors, the chief executive officer, the employment of staff, the giving of directions by the portfolio Minister (including directions for the performance of non-commercial activities or the carrying out of public sector policies), the constitution of the Corporation, dividends and tax-equivalent payments, government guarantees, the sale or disposal of assets and the legal capacity and general powers of the Corporation, and
(b) Part 4 deals with the accountability of the Corporation (including statements of corporate intent, annual reports and accounts), and
(c) Part 5 deals with miscellaneous matters (including the duties and liabilities of directors and the application of public sector legislation).
The Corporation is to have a board of directors.
The board is to consist of no fewer than 3 and not more than 7 directors appointed by the voting shareholders.
One of the directors is, in and by the director’s instrument of appointment or in and by another instrument executed by the voting shareholders, to be appointed as chairperson of the board.
The chief executive officer may be appointed as a director.
The board is accountable to the voting shareholders in the manner set out in Part 4 of the SOC Act and in the constitution of the Corporation.
The voting shareholders may remove a director, or the chairperson, from office at any time for any or no reason and without notice (but only at a duly convened meeting of the voting shareholders) and, in that event, the office of the director or chairperson is taken to have become vacant for the purposes of Schedule 8 to the SOC Act.
Subject to subsections (8) and (9), Schedule 8 to the SOC Act has effect with respect to the constitution and procedure of the board.
The provisions of section 20J of the SOC Act, and of clauses 2(1) and (2) and 7(1)(d) and (2) of Schedule 8 to the SOC Act, do not apply to the Corporation or to the chairperson.
The provisions of clause 6 of Schedule 8 to the SOC Act do not apply to the chief executive officer if appointed as a director, and the chief executive officer is not entitled to remuneration under that clause in his or her capacity as a director.
The chief executive officer of the Corporation is to be appointed by the board but only with the approval of the voting shareholders.
Subject to this section, the chief executive officer holds office for such term not exceeding 5 years as may be specified in the instrument of appointment, but is eligible (if otherwise qualified) for re-appointment.
The voting shareholders may remove a person from office as chief executive officer, at any time, for any or no reason and without notice.
The chief executive officer is entitled to be paid such remuneration (including travelling and subsistence allowances) as the board may determine with the approval of the voting shareholders.
The board may, with the approval of the voting shareholders, fix the conditions of employment of the chief executive officer in so far as they are not fixed by or under any other Act or law.
The board may require the chief executive officer to enter into performance agreements.
The chief executive officer may delegate any functions of the chief executive officer to an employee of the Corporation, but this power is subject to any directions of the board.
The Government Sector Employment Act 2013 (Part 6 included) does not apply to the chief executive officer.
The provisions of section 20K of the SOC Act, and of Schedule 9 to that Act, do not apply to the chief executive officer.
The board may, from time to time, appoint a person to act in the office of chief executive officer during the illness or absence of the chief executive officer.
The board may remove a person from office as acting chief executive officer, at any time, for any or no reason and without notice.
A person, while acting in the office of chief executive officer—
(a) has all the functions of the chief executive officer and is taken to be the chief executive officer, and
(b) is entitled to be paid such remuneration (including travelling and subsistence allowances) as the board may determine with the approval of the voting shareholders.
For the purposes of this section, a vacancy in the office of a chief executive officer is regarded as an absence from office.
Clause 5 of Schedule 9 to the SOC Act does not apply to an acting chief executive officer of the Corporation.
The provisions of this Part are in addition to and do not (except to the extent to which this Part provides) derogate from the provisions of the SOC Act.
The principal objectives of the Corporation are as follows—
(a) to be a successful business and, to this end—
(i) to operate at least as efficiently as any comparable businesses, and
(ii) to maximise the net worth of the State’s investment in the Corporation,
(b) to have regard to the interests of the community in which it operates,
(c) where its activities affect the environment, to conduct its operations in compliance with the principles of ecologically sustainable development contained in section 6(2) of the Protection of the Environment Administration Act 1991,
(d) to contribute towards regional development and decentralisation,
(e) to be an efficient and environmentally sustainable supplier of timber from Crown-timber land and land owned by it or otherwise under its control or management.
Each of the principal objectives of the Corporation is of equal importance.
The Corporation also has, in exercising its functions as the land manager of a forestry area, the objectives of a land manager under Part 5.
The provisions of section 20E of the SOC Act do not apply to the Corporation.
(1916 Act, ss 11 and 11AA)
The principal functions of the Corporation are as follows—
(a) to carry out or authorise the carrying out of forestry operations in accordance with good forestry practice on Crown-timber land or land owned by the Corporation,
(b) to take or authorise the taking of forest materials from State forests or land owned by the Corporation,
(c) to sell, supply or process timber, forest products or forest materials taken or harvested under paragraph (a) or (b),
(d) to establish and maintain plantations,
(e) to control and manage, subject to Part 5, forestry areas,
(f) subject to the Rural Fires Act 1997, to carry out measures on Crown-timber land for the protection from fire of timber and forest products on that land,
(g) to grant forestry rights in respect of State forests, timber reserves or land owned by it, including any such right that is for the benefit of the Corporation,
(h) to acquire, hold, sell or otherwise deal with or trade in carbon sequestration rights (including for the benefit of other persons).
The Corporation may—
(a) provide facilities or services, or undertake activities, that are ancillary or incidental to its principal functions, and
(b) conduct any business or provide any service (whether or not related to its principal functions) that it considers will further its objectives.
The Corporation has such other functions as are conferred or imposed on it by or under this or any other Act or law.
Despite any other provision of this Act, the Corporation is not authorised to take or authorise any other person to take any timber, forest products or forest materials from any Crown-timber land that is the subject of a forestry right unless the forestry right is held or granted by the Corporation.
The Corporation is the owner of the trees in any plantation that is or is part of a State forest.
Subsection (1)—
(a) has effect even though State forests are vested in the Crown, and
(b) operates to extinguish any existing rights in any such trees before the commencement of this section.
The provisions of this section have effect despite anything contained in section 42 of the Real Property Act 1900.
Compensation (including damages or any other form of monetary compensation) is not payable to any person or body because of the enactment or operation of this section or for the consequences of that enactment or operation.
(1916 Act, s 17)
The Minister may classify Crown land for the purpose of selecting land that is suitable and desirable in the public interest to be dedicated as State forest.
In classifying Crown land for any such purpose, the Minister is to ensure, to such extent as the Minister considers appropriate, that the selection of land to be dedicated as State forest will result in—
(a) the promotion of effective and economic control, utilisation and management of the land for timber production and the facilitation of the economic marketing of timber and forest products, and
(b) the establishment, maintenance or expansion of industry for the processing and treatment of timber and forest products, and
(c) the growth and harvesting of trees for timber and forest products, and
(d) the continuing protection of necessary tree cover in the public interest.
The Minister is to also take into account—
(a) the potential for economic timber production of any land that is of an inferior character for the purposes of agriculture or grazing but which, by appropriate treatment of the soil, would be capable of sustaining the growth of suitable commercial species of trees in plantations, and
(b) such other factors as the Minister considers relevant to the establishment and proper management of State forests.
Crown land need not be classified under this section in order for it to be dedicated as State forest.
(1916 Act, s 18)
The Governor may, by notice published in the Gazette, dedicate as State forest any Crown land that is not the subject of a tenure from the Crown.
Any such dedication of land may be limited so as to exclude any land lying below the surface of the land at a depth greater than a depth specified in the notice dedicating the land.
Land dedicated under this section may not be dealt with otherwise than as provided by this Act and any such dedication may not be revoked or altered except under this Act.
The Governor may, by order published in the Gazette, constitute 2 or more State forests, or any parts of 2 or more State forests, as one State forest for the purposes of this Act.
Subsection (4) does not affect—
(a) the declaration of any land as a special management zone, or
(b) the setting apart of any land as a flora reserve, or
(c) any rights or obligations conferred or imposed by or under this or any other Act.
Despite subsection (1), Crown land that is the subject of a prescribed Crown tenure and that has an area of more than 2 hectares may be dedicated as State forest in accordance with this section.
(1916 Act, s 19)
Subject to this Act, the dedication of land as State forest may only be revoked or altered in whole or in part in the following manner—
(a) a proposal for the revocation or alteration is to be tabled in each House of Parliament,
(b) after the proposal has been tabled, the Governor may, on a resolution being passed by both Houses that the proposal be carried out, by notice published in the Gazette, revoke or alter the dedication.
On any such revocation, the land becomes Crown land to be dealt with under the Crown Land Management Act 2016 and until so dealt with is to be reserved from sale or lease under any Act.
(1916 Act, s 25A(1)–(4))
The Governor may, by notice published in the Gazette—
(a) dedicate, with the concurrence of the Minister administering the Crown Land Management Act 2016, any Crown land that is not the subject of a tenure from the Crown, or
(b) set apart the whole or part of a State forest,
as a flora reserve for the preservation of native flora.
Any such dedication of land may be limited so as to exclude any land lying below the surface of the land at a depth greater than a depth specified in the notice dedicating the land.
The setting apart of the whole or a part of a State forest as a flora reserve under this section does not affect the dedication as a State forest of the area so set apart.
Subject to this Act, a notice under this section is not to be revoked wholly or in part otherwise than by Act of Parliament.
Despite subsection (1)(a), Crown land that is the subject of a prescribed Crown tenure and that has an area of more than 2 hectares may be dedicated as a flora reserve in accordance with this section.
(1916 Act, s 17A)
The Minister is, on a continuing basis, to review dedicated State forests for the purposes of determining whether or not any State forest, or part of any State forest, should continue to be dedicated as such.
(1916 Act, s 21A(1), (1A), (3) and (7))
The Minister may, by notice published in the Gazette, declare any area of State forest (other than a flora reserve) to be a special management zone if the Minister is satisfied that the area has special conservation value.
The object of the declaration of a special management zone and the prohibition of forestry operations in the zone is to protect its special conservation value.
The Minister is to ensure that the public is given an opportunity to make representations about any proposed notice of the Minister under this section to declare a special management zone. The Minister must—
(a) fix a time within which the public may make representations about the proposal, and
(b) make copies of the proposed notice available for public inspection before that time on such website as the Minister thinks appropriate, and
(c) make available for public inspection before that time on that website a statement outlining the activities that the Minister proposes to prohibit in the zone, and
(d) take any representation on the proposal received by the Minister within that time into account before making a decision on the matter.
Except as provided by this Act, a notice under this section is not to be revoked wholly or in part otherwise than by Act of Parliament.
(1916 Act, s 21A(2), (2A), (4)–(6) and (8))
The Minister may, by notice in writing to the Corporation—
(a) prohibit particular kinds of forestry operations in a special management zone, or
(b) prohibit forestry operations in the zone unless particular conditions are complied with.
The carrying out of general purpose logging is prohibited in a special management zone.
The Corporation must ensure that any forestry operations carried out in a special management zone comply with any prohibition imposed by or under this section.
An integrated forestry operations approval does not authorise the carrying out of any forestry operations in a special management zone that are prohibited by or under this section.
The Minister may vary or revoke a notice under this section by a further notice.
The Minister is to ensure that any notice under this section is made available for public inspection on such website as the Minister thinks appropriate.
(1916 Act, s 21A(1B) and (1C))
The Governor may, by notice published in the Gazette, revoke the declaration of any land as or as part of a special management zone and by that notice set apart the land as or as part of a flora reserve.
The Governor may, by a notice under Division 1 of Part 4 of the National Parks and Wildlife Act 1974 that reserves land under that Act—
(a) revoke the declaration of the land, or any part of the land, as a special management zone, and
(b) revoke the dedication of the land, or any part of the land, to which the declaration as a special management zone applies, as State forest.
The Corporation is to prepare and adopt plans for its management of State forests.
A management plan may relate to one or more State forests.
A management plan must contain such information or other matter as may be prescribed by the regulations.
A management plan may be amended in accordance with the procedures and requirements of this Division relating to the preparation and adoption of a management plan.
(2009 Reg, cl 6)
The Corporation is not to adopt a management plan for a State forest that is wholly or partly located in the area to which an integrated forestry operations approval applies unless it is in accordance with the terms of the integrated forestry operations approval for the area.
To the extent that a management plan for a State forest that is wholly or partly located in the area to which an integrated forestry operations approval applies is not consistent with the terms of the integrated forestry operations approval for the area, the terms of the approval prevail.
The requirements of this section are in addition to the other requirements of this Division in relation to management plans.
(2009 Reg, cl 5)
Before adopting a draft management plan, the Corporation is to ensure that the draft plan is publicly advertised in a notice that—
(a) is published on the website of the Corporation, and
(b) includes a brief description of the draft plan, and
(c) includes a statement indicating a location at which members of the public may examine a copy of the draft plan, and
(d) indicates a closing date on or before which written submissions may be made to the Corporation concerning the draft plan, being a date that is not less than 30 days after the date on which the notice is first published.
The Corporation is, before adopting the draft plan, to consider any submissions made to it on or before the closing date for submissions specified in the notice.
A management plan for a State forest is to be reviewed—
(a) after any review and amendment of any integrated forestry operations approval that applies to the area of the plan to ensure the plan is consistent with that amended approval, and
(b) at such other times as the Corporation considers appropriate.
(1916 Act, s 25A(5))
The Corporation is, in respect of each flora reserve, to prepare a detailed written scheme of the operations to be carried out on or in relation to the flora reserve.
The object of any such scheme is to be the preservation of native flora on the flora reserve.
The Corporation is to submit the scheme for a flora reserve to the Minister for approval and, if approved by the Minister, the scheme becomes the working plan for the flora reserve.
Operations may not be carried out on or in relation to a flora reserve unless such operations are in accordance with the working plan for the reserve.
The working plan for a flora reserve may, with the approval of the Minister, be amended or altered from time to time.
A working plan may contain provisions authorising a local council in whose area a flora reserve is situated to participate to the extent specified in the working plan in the management of the reserve or in carrying out any of the operations authorised by the working plan on or in relation to the reserve. In any such case, the council concerned may expend out of its consolidated fund any money necessary to meet the costs and expenses of exercising the authority conferred on it by the working plan.
A working plan may also contain provisions authorising the representative or representatives of any local committee or public body or organisation to participate, to the extent specified in the working plan, in the management of the flora reserve or in carrying out any of the operations authorised by the working plan.
(1916 Act, s 15(1) and (2))
The Minister may, for the purpose of a State forest, for the purpose of providing access to a State forest or for any purpose necessary for or incidental to the management or control of a State forest, acquire land (including an interest in land) by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.
On acquisition, the land is vested in the Crown.
(1916 Act, s 15(3) and (4))
The Minister may, for the purpose of giving effect to a land exchange agreement, acquire land dedicated as State forest by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.
Despite any other provision of this Act, the publication in the Gazette of an acquisition notice under section 19 of the Land Acquisition (Just Terms Compensation) Act 1991 for the purposes of this section operates to revoke any dedication as State forest, declaration as special management zone or any dedication or setting apart as flora reserve of the land referred to in the acquisition notice.
(1916 Act, s 15(4A)–(4E))
The Minister may, on behalf of the Crown, acquire land (including an interest in land) for the purposes of a future lease grant or dealing by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991.
An acquisition for a future lease grant or dealing is an acquisition—
(a) to enable the reservation, dedication or setting apart of land under this Act and the exercise of functions conferred or imposed by or under this Act in relation to land, or
(b) to enable the exercise of functions conferred or imposed by or under this Act in relation to land already reserved, dedicated or set apart under this Act.
The publication in the Gazette of an acquisition notice under section 19 of the Land Acquisition (Just Terms Compensation) Act 1991 for a purpose that is described as a future lease grant or dealing does not—
(a) to the extent to which the land referred to in the acquisition notice was Crown land immediately before the publication of the acquisition notice, affect the status of the land as Crown land, or
(b) operate to revoke a dedication as State forest, declaration as special management zone or dedication or setting apart as a flora reserve or reservation as a timber reserve of the land referred to in the acquisition notice.
This section does not limit the purposes for which land may be acquired under any other provision of this Act.
(1916 Act, s 15(6))
The Minister may sell any land acquired to provide access to a State forest or for any purpose necessary for or incidental to the control or management of a State forest if that land—
(a) has not been dedicated as a State forest, or
(b) is not required for the purposes of a State forest or to provide access to a State forest or for any purpose necessary for or incidental to the control or management of a State forest.
(1916 Act, s 15(5))
For the purposes of the Public Works Act 1912, any acquisition of land under this Division is taken to be for an authorised work and the Minister is, in relation to that authorised work, taken to be the Constructing Authority.
(1916 Act, s 16A)
The Minister may enter into an agreement for the sale or other disposal of land dedicated as State forest subject to the sale of other land, or of an interest in other land, to the Crown for the purpose of a State forest or for access to a State forest (a
A land exchange agreement may contain such terms and conditions as the Minister thinks fit.
The Minister may not enter into a land exchange agreement unless—
(a) the Minister has consulted the Corporation about the proposed agreement, and
(b) the Minister administering the provisions of an Act (other than this Act) relating to dealings with land vested in the Crown has approved the proposed agreement in so far as it relates to the grant of or other dealing with land that, under the agreement, is to be held subject to those provisions and in so far as it relates to the terms and conditions on which it is to be so held, and
(c) a copy of the proposed agreement has, where it provides for the sale or other disposal of dedicated land that exceeds 20 hectares in area, been laid before both Houses of Parliament, and
(d) if compliance with paragraph (c) is required—
(i) notice has not been given, in either House of Parliament within 15 sitting days after a copy of the proposed agreement has been laid before it, of a motion that the agreement not be entered into, or
(ii) if any such notice is given, that the motion pursuant to the notice has been withdrawn or defeated.
Subsection (3) does not operate to prevent the Minister from entering into an agreement by reason only that the parties to the agreement differ from those specified in a proposed agreement, relating to the same land, that the Minister is authorised to enter into.
An interested party is not required to inquire—
(a) whether subsection (3) has been complied with in relation to an agreement purporting to have been made under this section, or
(b) whether the Minister is authorised to give effect to the agreement by an assurance of land vested in the Minister as the Constructing Authority under the Public Works Act 1912.
For the purposes of subsection (5), an
(a) a party to a land exchange agreement,
(b) a person claiming an estate or interest in any land the subject of a land exchange agreement,
(c) the Registrar-General or other person registering or certifying title to land the subject of a land exchange agreement.
If a land exchange agreement provides for the doing or execution of any act, matter or thing under an Act other than this Act and the doing or execution of the act, matter or thing would not, but for this subsection, be authorised by that other Act, the doing or execution of that act, matter or thing is taken to be so authorised, and any other act, matter or thing for which the agreement provides may be done or executed without any further authority than this Act.
A failure to comply with subsection (3) in respect of a land exchange agreement does not invalidate the agreement or anything done under it.
(1916 Act, s 19B)
The Minister may, by notice published in the Gazette, revoke the dedication as State forest of an area of land not exceeding 20 hectares if the Minister is of the opinion that the land should be made available for a public work, or an authorised work, within the meaning of the Public Works Act 1912, or for a public purpose within the meaning of any other Act, that is specified in the notice.
Any such notice also operates to revoke any declaration of the affected land as a special management zone.
This section has effect despite any other provision of this Act.
(1916 Act, s 20)
A lease to occupy land within a State forest or flora reserve may not be granted except under this Act.
(1916 Act, s 20A)
The Minister may, on such terms and conditions as the Minister thinks fit, grant an easement or right of way through or over land within a State forest or flora reserve.
The Minister may accept a surrender of any easement or right of way through or over land within a State forest or flora reserve.
(1916 Act, s 21)
Land within a State forest or flora reserve is, for the purposes of the definition of
The exercise of any right under the Mining Act 1992 or the Petroleum (Onshore) Act 1991 on land within a State forest or flora reserve is subject to such conditions and restrictions relating to forestry or the purposes of the flora reserve as may be prescribed by the regulations.
The Minister may, with the concurrence of the Minister administering the Mining Act 1992, by order published in the Gazette exempt any part of a State forest or flora reserve from the operation of the Mining Act 1992 or the Petroleum (Onshore) Act 1991.
(1916 Act, s 25)
The dedication of land as State forest, the declaration of land as a special management zone or the dedication or setting apart of land as a flora reserve does not, except as provided by this Act, affect any lease or licence from the Crown that is in force immediately before the dedication, declaration or reservation (an
An existing lease or licence may not be renewed or extended. However, an existing lease or licence over land in the Western Division (within the meaning of Schedule 3 to the Crown Land Management Act 2016) may be renewed or extended with the approval of the Minister and subject to such conditions as the Minister thinks fit to impose.
The administration of matters relating to existing leases or licences is the responsibility of the Minister or, with the approval of the Minister, the Corporation. For that purpose, the Minister and the Corporation (as the case requires) have the powers of the Minister administering the Crown Land Management Act 2016.
However, subsection (3) does not apply in relation to land in the Western Division unless the Minister otherwise declares by notice published in the Gazette.
An existing lease or licence in respect of land within a State forest may be surrendered in whole or in part to the Crown and a forest lease under this Act may be granted instead.
Money payable as rent under an existing lease or licence is to be received by the Corporation.
(1916 Act, s 33A)
The Minister may, by order published in the Gazette, declare any road—
(a) constructed on land—
(i) dedicated as State forest (whether or not the land is declared to be a special management zone or set apart as a flora reserve), or
(ii) dedicated as a flora reserve, and
(b) described in the order in such manner as the Minister thinks fit,
to be a road of access to land purchased or held under a lease or licence under the Crown Land Management Act 2016 or other Crown Land Acts.
Any such order has effect according to its tenor.
The declaration and use of any such access road does not affect the status, as State forest, special management zone or flora reserve, of the land on which it is constructed.
(1916 Act, s 27)
A person must not—
(a) on any Crown-timber land—
(i) cut, strip, obtain, remove, destroy or damage any timber, or
(ii) dig for, extract, obtain, remove, destroy or damage any forest products, or
(iii) cause or allow any of those things to be done, or
(b) on any State forest or flora reserve—quarry, dig for, extract, obtain, remove, destroy or damage any forest materials or cause or allow any of those things to be done.
Maximum penalty—50 penalty units or imprisonment for 6 months, or both, and $10 for each tree destroyed or damaged in the commission of the offence.
Subsection (1) applies in relation to Crown-timber land despite the provisions of this or any other Act or any terms or conditions subject to which any tenure of the Crown-timber land is held. If any such terms or conditions require the taking or destruction of any timber or forest products, those terms and conditions are to be construed as imposing that requirement subject to the holder of the tenure obtaining a timber licence, forest products licence or clearing licence.
A person does not commit an offence under subsection (1)—
(a) if the act in question is authorised by or under any of the following—
(i) a licence or small quantity authorisation,
(ii) Part 5A of (or Schedule 5A to) the Local Land Services Act 2013 (including any instrument under that Part or Schedule),
(iii) the Mining Act 1992 or any mineral claim or mining lease under that Act,
(iv) the Petroleum (Onshore) Act 1991 or any petroleum title under that Act,
(v) a forestry right or any restriction on use or covenant imposed under Division 4 of Part 6 of the Conveyancing Act 1919 in connection with the forestry right,
(vi) Division 3 of Part 2 of Schedule 1 to the Crown Land Management Act 2016,
(vii) a condition of a Western lands lease (within the meaning of Schedule 3 to the Crown Land Management Act 2016) to the effect that a lessee may take from land under the lease such timber and other material for building and other purposes on the land or on any contiguous land held in the same interest as may reasonably be required by the lessee, or
(b) if the act in question is done or authorised by the land manager of the forestry area in accordance with this Act, or
(c) in the course of carrying out duties as an authorised officer, or
(d) in the circumstances referred to in clause 5(7) of Schedule 1.
Subsection (1) does not apply in relation to—
(a) forestry operations carried out by or on behalf of the Corporation, or
(b) forest products or forest materials taken by the Corporation, or
(c) any tree on Crown-timber land (not being land referred to in paragraph (a) or (c) of the definition of
Crown-timber land ) or on land the subject of a forest lease if—(i) the Corporation has certified in writing that the tree has been planted or established and has been maintained by careful tending and improvement as part of a woodlot or forest or for the purpose of tree-farming, or
(ii) the tree is or was situated on an authorised plantation within the meaning of the Plantations and Reafforestation Act 1999, or
(d) any tree on land affected by a profit à prendre if the Corporation has certified in writing that the tree is not subject to the profit à prendre, or
(e) any timber removed, felled or destroyed in accordance with section 66 of the Local Land Services Act 2013.
The following types of licences may be issued by the Corporation—
(a) timber licences,
(b) forest products licences,
(c) forest materials licences,
(d) clearing licences.
A licence is subject to such conditions as may be imposed by the Corporation or as are prescribed by the regulations.
The authority conferred by a licence is subject to the regulations.
A licence may not be transferred except with the consent of the Corporation.
Subject to the regulations, a licence does not authorise the taking of timber or forest products on or from land that is identified in an integrated forestry operations approval as an environmentally significant area.
(1916 Act, s 27A)
A timber licence authorises the holder to take timber, or such class or description of timber as is specified in the licence, on Crown-timber land.
The term of a timber licence is the term specified in the licence, but the term—
(a) must not exceed 5 years without the prior written approval of the Minister, and
(b) must not, in any event, exceed 20 years.
(1916 Act, s 27B)
A forest products licence authorises the holder to take forest products, or such class or description of forest products as is specified in the licence, on Crown-timber land.
The term of a forest products licence is such term, not exceeding 5 years, as is specified in the licence.
(1916 Act, s 27C)
A forest materials licence authorises the holder to take forest materials, or such class or description of forest materials as is specified in the licence, from a State forest.
The term of a forest materials licence is the term specified in the licence, but the term—
(a) must not exceed 5 years without the prior written approval of the Minister, and
(b) must not, in any event, exceed 20 years.
(1916 Act, s 27G)
A clearing licence authorises—
(a) the holder, and
(b) a successor in title to the land in respect of which the clearing licence is issued,
to ringbark or otherwise kill or destroy trees, or such class or description of trees as is specified in the licence, on such Crown-timber land as is specified in the licence.
Subsection (1) has effect despite any other Act or any terms or conditions subject to which any tenure of the Crown-timber land is held.
The term of a clearing licence is the term specified in the licence.
(1916 Act, ss 27D–27F and 27H)
A timber licence, forest products licence or forest materials licence in respect of a flora reserve may not be issued unless—
(a) the conditions of the licence are in accordance with the working plan for the flora reserve, and
(b) the issue of the licence is approved by the Minister.
A clearing licence may not be issued—
(a) in respect of land within a State forest that is not the subject of a forest lease or any other lease from the Crown, or
(b) in respect of land within a flora reserve, or
(c) in respect of Crown-timber land that is the subject of a Western lands lease within the meaning of Schedule 3 to the Crown Land Management Act 2016 and is not within a State forest or timber reserve, or
(d) if the Crown-timber land is—
(i) held subject to a prescribed Crown tenure—except to the holder of that tenure, or
(ii) purchase-tenure land within the meaning of Schedule 1—except to the owner (within the meaning of that Schedule) of that land, or
(iii) held under a forest lease—except to the lessee, or
(e) in respect of land in which the Biodiversity Conservation Trust holds an interest, or
(f) in respect of land that is subject to a private land conservation agreement under the Biodiversity Conservation Act 2016, or
(g) in respect of land that is category 2-vulnerable regulated land under Part 5A of the Local Land Services Act 2013, or
(h) to clear native vegetation within the meaning of Part 5A of the Local Land Services Act 2013, or
(i) to ringbark or otherwise kill or destroy trees having economic value.
A timber licence or forest products licence may not be issued—
(a) in the case of land held under a conditional purchase lease under the Crown Land Acts—unless the lessee of that land consents to the issue of the licence, or
(b) in the case of land in respect of which trustees have been appointed for a public purpose—unless those trustees consent to the issue of the licence.
A timber licence or forest products licence may not be issued in respect of Crown-timber land (not being a State forest or flora reserve) if, in the opinion of the Corporation—
(a) trees have been planted or established on the land and have been maintained by careful tending and improvement as a woodlot or forest or for the purpose of tree-farming, or have been planted or established as a windbreak or for the beautification of the land, or
(b) the land is the subject of a forestry right, or
(c) the land has been substantially improved for farming purposes and the trees on the land are necessary for shade or shelter or for the purpose of the farming, improvement or protection of the land,
unless the licence is subject to a condition preventing the holder of the licence from taking from the land to which the licence relates any such trees as are designated or described in the condition.
The requirement to impose a condition in respect of land referred to in subsection (4)(c) extends only to trees designated or described in the condition and having a total timber content not exceeding 150 cubic metres as determined by the Corporation.
Subsection (4) does not, in the case of Crown-timber land that is subject to a prescribed Crown tenure, apply to the issue of a timber licence or forest products licence to the holder of that tenure or, with the consent of that holder, to any other person.
A licence may not be issued under this Act for the removal from any State forest, flora reserve or other Crown-timber land of any protected plant (or any plant of, or part of, a threatened species or threatened ecological community) within the meaning of the Biodiversity Conservation Act 2016. A licence is not operative to the extent that it relates to any such plant.
However, the Corporation may, in accordance with this Act, issue a licence that authorises the removal from any State forest, flora reserve or other Crown-timber land of any such plant if—
(a) the authorisation is subject to a condition that the removal is to be undertaken in accordance with any relevant plant plan of management in force under the regulations made under the Biodiversity Conservation Act 2016, or
(b) the Corporation is of the opinion that the plant would be damaged or destroyed in the taking of timber, forest products or forest materials under, or in the carrying out of any activity authorised by, this Act.
(1916 Act, s 30I)
The Corporation may, otherwise than by the issue of a timber licence, forest products licence or forest materials licence, authorise a person—
(a) to take timber, forest products or forest materials having a value of not more than $1,000 (or such other amount as may be prescribed by the regulations) on or from land within a State forest, other than land set apart as a flora reserve, or
(b) to take timber or forest products having a value of not more than $1,000 (or such other amount as may be prescribed by the regulations) on or from Crown land.
A small quantity authorisation is subject to such conditions as may be imposed by the Corporation or by the regulations.
The authority conferred by a small quantity authorisation is subject to the regulations.
A small quantity authorisation may not be issued in respect of—
(a) land held under a conditional purchase lease, closer settlement lease, group purchase lease, settlement purchase lease or returned soldiers’ special holding unless the lessee of that land consents to the issue of the authorisation, or
(b) land in respect of which trustees have been appointed for a public purpose unless those trustees consent to the issue of the authorisation.
Subject to the regulations, a small quantity authorisation does not authorise the taking of timber or forest products on or from land that is identified in an integrated forestry operations approval as an environmentally significant area.
(1916 Act, s 35)
The Corporation—
(a) may suspend a licence or small quantity authorisation if it is of the opinion that the holder of the licence or authorisation has failed to comply with any of the terms or conditions of the licence or authorisation, and
(b) may, after giving the holder of the licence or authorisation an opportunity to make representations in relation to the matter, revoke the licence or authorisation.
(1916 Act, s 10A and 2009 Reg, cl 68)
The Corporation may delegate to a person or body, or a person or body of a class, prescribed by the regulations any of its functions under this Division that relate to clearing licences (except in respect of State forests and timber reserves) or small quantity authorisations.
(1916 Act, s 30)
In this Division—
(a) in the case of land held under a prescribed lease (not being a special purpose lease within the meaning of the Crown Land Management Act 2016)—the lessee of the land, or
(b) in the case of purchase-tenure land—the owner of the land, or
(c) in the case of land under the care, control and management of Local Land Services—Local Land Services.
(a) land held by a lessee under a prescribed lease, or
(b) purchase-tenure land, or
(c) a controlled travelling stock reserve within the meaning of the Local Land Services Act 2013.
(1916 Act, s 30A)
The holder of a timber licence, forest products licence or forest materials licence must, in accordance with this Division, pay a resource acquisition fee in respect of the timber, forest products or forest materials taken under the authority of the licence.
Any such resource acquisition fee is payable to and recoverable by the Corporation.
Subsection (1) does not require the payment of a resource acquisition fee in respect of timber taken under the authority of a timber licence from land the subject of a Crown tenure if the timber is derived from trees which, in the opinion of the Corporation—
(a) have been planted or established and have been maintained by careful tending and improvement as a woodlot or forest or for the purpose of tree-farming, or
(b) have been planted or established as a windbreak or for the beautification of the land.
(1916 Act, s 30AA)
The Corporation is not entitled to a resource acquisition fee in respect of any timber or forest products—
(a) derived from trees that have been established on land that is the subject of a forestry right, and
(b) taken in accordance with the forestry right and any restriction on use or covenant imposed in connection with the forestry right,
unless the forestry right is granted by the Corporation.
(1916 Act, s 30B)
The Corporation may determine the amount of a resource acquisition fee either generally or in a particular case or class of cases.
The amount of any such resource acquisition fee is subject to any maximum amount prescribed by the regulations. Any such regulation may only be made with the concurrence of the Treasurer.
(1916 Act, s 30D)
The Corporation may determine, either generally or in a particular case or class of cases, to pay such part of a resource acquisition fee as is specified in its determination to such organisation established for the promotion or improvement of the use or marketing of timber or forest products produced in New South Wales as is so specified.
(1916 Act, s 30E)
This section applies to a resource acquisition fee payable in respect of timber, forest products or forest materials taken on or from prescribed land.
If a resource acquisition fee to which this section applies is paid to the Corporation, the Corporation is required to pay to the landholder concerned (other than Local Land Services) one-third of the balance of the resource acquisition fee remaining after deduction of the following amounts—
(a) any part of the resource acquisition fee that is payable under section 52,
(b) any costs incurred by the Corporation in connection with the establishment, planting, maintenance, improvement and protection of the timber, forest products or forest materials,
(c) any costs incurred by the Corporation in connection with the facilitation of the taking of the timber, forest products or forest materials, including the costs of construction and maintenance of roads, bridges, gates, ramps and incidental works.
The costs that are deductible under subsection (2)(b) and (c) are to be as determined by the Corporation.
A share of the resource acquisition fee payable by the Corporation to a landholder under this section must be paid before the expiration of one month after the end of the financial year of the Corporation that is current when the resource acquisition fee concerned is paid to the Corporation.
This Division does not entitle a landholder to be paid an amount of a resource acquisition fee in respect of the taking of timber, forest products or forest materials under a licence held by the landholder.
(1916 Act, s 30F)
If the Corporation takes timber or forest products from prescribed land, the Corporation is required—
(a) to pay to an organisation specified in a determination under section 52 the amount that would have been payable under the determination, and
(b) to pay to the landholder concerned (other than Local Land Services) the amount that would have been payable to the landholder under section 53,
if the timber or forest products had been taken under a timber licence or forest products licence and a resource acquisition fee had been paid to the Corporation in respect of the timber or forest products in accordance with this Division.
(1916 Act, s 30H)
If—
(a) a person takes, destroys or damages, or causes or allows the taking, destroying or damaging of, any timber, forest products or forest materials without lawful authority (whether or not by doing so the person is guilty of an offence under this Act), and
(b) the Corporation would, if the timber, forest products or forest materials had been taken under the authority conferred by a licence, have been entitled to determine a resource acquisition fee in respect of the timber, forest products or forest materials so taken,
the Corporation may certify in writing the amount that it determines would have been payable by way of a resource acquisition fee if the timber, forest products or forest materials had been taken under a licence.
The Corporation may recover any such amount from the person as a debt in any court of competent jurisdiction.
Section 53 applies in respect of an amount recovered by the Corporation under this section as if the amount were a resource acquisition fee paid to the Corporation under section 49.
Subsection (3) does not require the Corporation, in respect of an amount recovered by it under this section, to make a payment out of the amount to the person from whom the amount is recovered.
(1916 Act, s 11(4))
The Corporation may enter into an agreement with the holder of a timber licence, forest products licence or forest materials licence—
(a) for the construction by the licence holder of any works that, in the opinion of the Corporation, are necessary to enable timber, forest products or forest materials to be taken from the land in respect of which the licence is issued, and
(b) for the cost of the works, as specified in the agreement, to be deducted, in such manner as may be specified in the agreement, by the licence holder from any resource acquisition fee which, but for the deductions, the holder would be liable to pay.
In this section,
The Corporation is the land manager of forestry areas except as provided by this section.
The land manager of a forestry area has, subject to any order under this section, the functions conferred or imposed on the land manager by or under this or any other Act in relation to the forestry area.
The Minister may, with the concurrence of the voting shareholders of the Corporation, by order published in the Gazette appoint a government agency, or a person or body (or a person or body of a class) prescribed by the regulations—
(a) as the land manager of a specified forestry area or specified class of forestry area, or
(b) as the land manager of a specified forestry area or specified class of forestry area, but only for the purposes of exercising specified land management functions in relation to that area.
The government agency or the person or body so appointed is the land manager of any such specified forestry area or class of forestry area to the extent specified in the order.
If a government agency or a person or body is appointed as the land manager of a forestry area for the purposes of exercising specified land management functions in relation to that area, the government agency or person or body is taken to have the control and management of the forestry area for the purposes of exercising those functions.
The land manager of a forestry area may delegate functions as manager of the area to a person or body, or a person or body of a class, prescribed by the regulations.
The appointment of a person or body (other than a government agency) under this section may only be made with the consent of that person or body.
An order under this section may provide that the exercise of particular functions of the land manager specified in the order require the approval of the Corporation.
The functions that may be exercised by the land manager of a forestry area do not include functions relating to the carrying out of forestry operations in the area or functions of the kind conferred or imposed on the Corporation under Part 2.
The land manager of a forestry area has the following objectives in the exercise of functions as land manager of the area—
(a) to facilitate public access to the forestry area,
(b) to promote the recreational use of the forestry area,
(c) to conserve fauna (other than feral animals) living in the forestry area.
If the Corporation is the land manager of a forestry area used for forestry operations with trees of exotic coniferous species, the Corporation may facilitate the construction and operation of renewable energy infrastructure in the forestry area.
An action by the Corporation under subsection (1A) must—
(a) be consistent with the obligations of the Corporation under a sustainable forest management certification scheme, including the following—
(i) restrictions on converting forested land to non-forest uses,
(ii) requirements to support local communities and timber processors with sustainable yield of forest products in the short, medium, and long term, and
(b) not result in premature harvesting of timber that causes the Corporation to fail to meet a supply commitment to a local timber processor under a timber supply agreement, and
(c) not result in more than 0.7% of forestry areas currently used for forestry operations with trees of exotic coniferous species being used for the construction and operation of renewable energy infrastructure, and
(d) not result in a net loss of timber available for forestry operations, and
(e) result in a net gain of land available for forestry operations.
The Corporation must ensure that any land used for forestry operations in substitution for land used for the construction and operation of renewable energy infrastructure—
(a) is a similar distance from local timber processors as the land for which it is substituted, and
(b) has an area at least twice as large as the area used for the construction and operation of renewable energy infrastructure, and
(c) is of the same or greater productive capacity, and
(d) has the same or greater average annual rainfall.
The Corporation will remain a State owned corporation that must act in accordance with the objectives of the Act.
However, the functions of the land manager of a forestry area are to be exercised—
(a) in the case of an area that is or is part of a State forest—
(i) in a manner that is not inconsistent with the use of State forests for the purposes of carrying out forestry operations, and
(ii) in accordance with the management plan for the State forest and in accordance with good forestry practice, and
(b) in the case of an area that is or is part of a flora reserve—
(i) in a manner that is not inconsistent with the use of flora reserves for the preservation of native flora, and
(ii) in accordance with the working plan for the flora reserve.
The principal objectives of the Corporation specified in section 10(1)(a) and (e) do not apply in relation to the Corporation in the exercise of its functions as the land manager of a forestry area.
(1916 Act, ss 31(1)–(2) and 32F)
The land manager of a forestry area may, on payment of the fee determined by the land manager, issue a forest permit authorising the holder of the permit to use the area for—
(a) the purposes specified in the permit, including recreational, sporting or commercial activities, and
(b) if the area is used for forestry operations with trees of exotic coniferous species—the construction and operation of renewable energy infrastructure.
The land manager of a forestry area must not issue a permit under subsection (1)(b) unless the land manager is satisfied that issuing the permit—
(a) is consistent with the obligations of the land manager under a sustainable forest management certification scheme, including the following—
(i) restrictions on converting forested land to non-forest uses,
(ii) requirements to support local communities and timber processors with sustainable yield of forest products in the short, medium, and long term, and
(b) will not result in premature harvesting of timber that causes the Corporation to fail to meet a supply commitment to a local timber processor under a timber supply agreement, and
(c) will not result in more than 0.7% of forestry areas currently used for forestry operations with trees of exotic coniferous species being used for the construction and operation of renewable energy infrastructure, and
(d) will not result in a net loss of timber available for forestry operations, and
(e) will result in a net gain of land available for forestry operations, and
The land manager of a forestry area must not issue a permit under subsection (1)(b) unless land used for forestry operations in substitution for the land subject to the permit—
(a) is a similar distance from local timber processors as the land for which it is substituted, and
(b) has an area at least twice as large as the area used for the construction and operation of renewable energy infrastructure, and
(c) is of the same or greater productive capacity, and
(d) has the same or greater average annual rainfall.
The amount of any such fee is subject to any maximum amount prescribed by the regulations. Any such regulation may only be made with the concurrence of the Treasurer.
The purposes for which a forestry area may be used under the authority conferred by a forest permit are not to include forestry operations or any purpose in respect of which a licence may be issued.
A forest permit is subject to such conditions as may be imposed by the land manager or by the regulations.
A forest permit may be issued for such period as the land manager thinks appropriate and may be renewed by the land manager.
The authority conferred by a forest permit is subject to the regulations.
In the event of any inconsistency between the activities carried out under the authority conferred by a licence and any use authorised by a permit issued by a land manager other than the Corporation, the licence prevails to the extent of the inconsistency.
(1916 Act, s 31(3)–(7))
A forest permit may not be issued in respect of land within a flora reserve except—
(a) in accordance with the working plan for the reserve, and
(b) in the case of a permit authorising the occupation of the land—with the approval of the Minister.
A forest permit may not be issued in respect of land that is subject to a forestry right if the permit is for a purpose that is, in the opinion of the land manager, inconsistent with—
(a) the forestry right, or
(b) a restriction on the use of land, or forestry covenant, imposed in connection with the forestry right under Division 4 of Part 6 of the Conveyancing Act 1919.
A forest permit may also be issued by the Corporation in respect of any Crown land that is not a forestry area (and not being Crown land that is held under a conditional lease and not reserved from sale or under a conditional purchase lease, closer settlement lease, group purchase lease, settlement purchase lease or returned soldiers’ special holding). Any such Crown land is taken to be a forestry area for the purposes of this Part (other than Division 3).
A forest permit may not be issued in respect of Crown land as referred to in subsection (3) except with the approval of the Minister administering the Crown Land Management Act 2016.
Any such Crown land in respect of which a forest permit is issued must not be available for sale during the currency of the permit.
A forest permit does not operate to withdraw the land to which it applies from any lease or licence under the Crown Land Management Act 2016 or other Crown Land Acts or from any forest lease granted under this Act.
However, it is a condition of a forest permit that the holder of the permit must, in addition to any fee payable to the land manager in respect of the permit, pay any such licensee or lessee—
(a) in the case of a permit that authorises the grazing or watering of horses or cattle—such agistment fees as the land manager may determine, or
(b) in any other case—such compensation as may be determined by the Minister.
A forest permit may not be transferred except with the consent of the land manager.
(1916 Act, s 33)
The land manager of a forestry area that is or is part of a State forest may lease, on such conditions as the land manager thinks appropriate, land within the area for any purpose specified in the lease.
Any such purpose may not be inconsistent with the carrying out of forestry operations in the forestry area concerned.
A forest lease may not be granted—
(a) for a term of more than 6 years, or for an area of more than 40 hectares, except with the approval of the Minister, or
(b) for a term of more than 20 years unless it contains conditions referred to in subsection (4), or
(c) for a term exceeding 50 years if it contains any such conditions.
A forest lease may—
(a) contain conditions requiring the lessee to carry out work in connection with the silvicultural management of the trees and forest products on the land the subject of the lease in accordance with a working plan for that land referred to in the lease, and
(b) if it contains any such conditions, provide that the lessee is entitled—
(i) to a part of the resource acquisition fee paid for timber or forest products taken from the land the subject of the lease under a licence, or
(ii) in the case where timber or forest products are taken by the Corporation from the land the subject of the lease—to a part of the resource acquisition fee that would have been payable under this Act if the timber or forest products had been taken under a licence.
Any such part of the resource acquisition fee to which the lessee may be entitled under subsection (4)(b) is to be specified in the lease.
A forest lease may not be transferred except with the consent of the land manager.
(1916 Act, s 35)
A land manager—
(a) may suspend a forest permit or forest lease issued or granted by the land manager if the land manager is satisfied that—
(i) the holder of the permit or lease has failed to comply with any of the terms or conditions of the permit or lease, or
(ii) the permit or lease is not being used for the purpose for which it was issued or granted, and
(b) may, after giving the holder of the permit or lease an opportunity to make representations in relation to the matter, revoke the permit or lease (as the case requires).
A forest permit may be revoked on such other grounds as may be prescribed by the regulations.
If a forest permit is revoked, the land manager may refund all or part of the fee paid for the permit.
The land manager of a forestry area may enter into an agreement with the Minister under which the land manager agrees to provide, or facilitate the provision of, services and facilities in the area for the benefit of persons who use the area otherwise than to carry out forestry operations.
Such services and facilities may include, but are not limited to, fire protection measures, the establishment and maintenance of roads and the management of recreational areas.
An agreement under this section is to provide for the land manager to be reimbursed for the costs of providing or facilitating the provision of services and facilities under the agreement.
The Minister may direct the land manager of a forestry area to provide or facilitate the provision of services and facilities in the area that the Minister is satisfied are for the benefit of persons who use the area otherwise than to carry out forestry operations.
Any such direction—
(a) must specify the services or facilities to which the direction relates, and
(b) must specify the amount or a methodology by which that amount may be assessed by the Minister as the estimated cost to the land manager of complying with the direction, and
(c) must specify arrangements for the payment to the land manager of an amount equivalent to the costs assessed by the Minister, as referred to in paragraph (b), or, if the land manager disputes that assessment, the costs assessed under section 66, and
(d) may require the land manager to publish the direction in the manner specified in the direction.
Before making a direction under this section, the Minister must—
(a) consult with the land manager concerned, and
(b) give the land manager written notice of the criteria on which the estimated efficient costs of complying with the direction are to be assessed.
A land manager must comply with a direction given to the land manager under this section.
Any dispute between the Minister and a land manager to whom a direction has been given under section 65 (being a dispute as to the cost to the land manager of complying with the direction) is to be referred to a committee constituted by one or more assessors.
The assessor or assessors to constitute such a committee are to be suitably qualified persons appointed by agreement between the land manager and the Minister or, if no such agreement can be reached, by the Treasurer.
In determining a dispute that has been referred to it under this section, a committee—
(a) must consider any representations made by the parties to the dispute, and
(b) must determine, on the basis of those representations and any other information available to it, the amount or a methodology by which the amount may be assessed as the efficient cost to the land manager of complying with the direction to which the dispute relates.
The committee’s decision on a dispute binds the parties to the dispute, but does not prevent the direction to which it relates from being withdrawn.
The committee’s decision as to the efficient costs is taken to be the amount of or the methodology for assessing costs for the purposes of the Minister’s direction and the direction is accordingly varied from the date specified in the decision.
(1916 Act, ss 32 and 32G)
A person must not, without lawful authority, use any land within a forestry area.
Maximum penalty—20 penalty units.
In proceedings for an offence under this section, the defendant has the onus of proving lawful authority in relation to the act giving rise to the alleged offence.
(1916 Act, s 32C)
A person must not—
(a) possess or discharge a firearm in a forestry area, or
(b) possess, place or use a net, trap, snare, hunting device, poison or explosive in a forestry area, or
(c) discharge a firearm into a forestry area, or
(d) take, kill, hunt, shoot, poison, net, snare, spear, capture, lure or injure an animal in a forestry area, or
(e) cause or permit any of the things referred to in paragraphs (a)–(d) to be done.
Maximum penalty—50 penalty units or imprisonment for 6 months, or both.
A person does not commit an offence under this section by reason of the person’s doing any of the things referred to in subsection (1)—
(a) under and in accordance with a forest permit or forest lease, or
(b) under and in accordance with a prescribed Crown tenure, or
(c) under the authority conferred by a restricted game hunting licence under the Game and Feral Animal Control Act 2002, or
(d) in carrying out the person’s duties as an employee of the land manager of the forestry area, or
(e) with the consent of the land manager of the forestry area, or
(f) in the case where the offence involves a snake—unless it is proved that there were no grounds on which the person could reasonably have believed at any time that the snake was endangering, or was likely to endanger, any person or property.
In this section—
Any fee or other amount due or payable to a land manager in respect of a forest permit or forest lease, or in respect of the provision of services or facilities under this Act, may be recovered by the land manager as a debt in a court of competent jurisdiction.
(1916 Act, s 35A)
The land manager of a forestry area may cause any structure that is in the area without lawful authority to be removed, together with the contents of the structure.
The land manager of a forestry area may cause to be displayed or published a notice requiring any person—
(a) who claims to have authority to erect, maintain or use a structure erected in the forestry area, or
(b) who claims any interest in the structure,
to deliver to the land manager a statement in writing signed by the person stating by what authority the person erected or is entitled to maintain or use the structure or part or by what authority the person claims any interest in the structure.
Any such notice is—
(a) to be displayed on or adjacent to the structure for a period of at least 1 month, or
(b) to be published in a local newspaper or such other newspaper (if any) as the land manager determines.
A person who, within 1 month after the end of the period of display or publication of the notice, fails to deliver the statement to the land manager has no claim against the land manager or any other person removing the structure or contents.
A land manager may cause anything removed under this section—
The Treasurer may, at any time before the dissolution of the Forestry Commission, by order in writing, transfer such assets, rights and liabilities of the Forestry Commission as are specified or referred to in the order to the Ministerial Holding Corporation or other person or body representing or acting on behalf of the State.
Part 3 of this Schedule applies to a transfer under this clause.
The Treasurer may, by order in writing, transfer such assets, rights and liabilities of the Corporation as—
(a) are vested in the Corporation by operation of clause 4, and
(b) are specified or referred to in the order,
to the Ministerial Holding Corporation or other person or body acting on behalf of the State, but only during the period of 12 months after the dissolution of the Forestry Commission.
Part 3 of this Schedule applies to a transfer under this clause.
This clause applies to any part of a State forest on which a relevant building is situated.
The Minister may, by notice published in the Gazette—
(a) revoke the dedication as State forest of any area of land that is a part of the State forest to which this clause applies, being an area of land not exceeding 20 hectares specified in the notice, and
(b) transfer the land concerned to the Corporation.
Any such notice also operates to revoke any declaration of the affected land as a special management zone.
On publication in the Gazette of that notice—
(a) the land concerned does not become Crown land under section 15, and
(b) Part 3 of this Schedule applies to the transfer of the land as a transfer of the assets, rights and liabilities of the Crown to the Corporation.
For the purposes of this clause, a
(a) was constructed (or commenced to be constructed) by or on behalf of the Forestry Commission before its dissolution, and
(b) was used (or constructed to be used) by the Forestry Commission for the purposes of an administrative office, workshop or depot or as a residence ancillary to any such office, workshop or depot.
A reference in this clause to land on which a relevant building is situated includes a reference to any adjacent land the use of which is or was necessary for, or incidental to, the construction or operation of the building.
This clause has effect despite any other provision of this Act.
Proceedings for an offence that were instituted against the Forestry Commission before its dissolution, or that could have been instituted against the Forestry Commission but for its dissolution, may be continued or instituted against the Corporation.
A penalty notice served on the Forestry Commission for an offence or any amount paid by the Forestry Commission in respect of such a penalty notice—
(a) is taken to be a penalty notice served on the Corporation, or
(b) is taken to be an amount paid by the Corporation,
as the case requires.
This Part applies to any transfer of assets, rights or liabilities under clause 5, 6 or 7.
This Part also applies to the vesting of assets, rights and liabilities in the Corporation under clause 4. Such a vesting is taken to be a transfer to which this Part applies.
In this Part, the person or body from which any assets, rights or liabilities are transferred is called the
In this Part—
When any assets, rights or liabilities are transferred by a transfer to which this Part applies, the following provisions have effect—
(a) in the case of a transfer under clause 5, 6 or 7—the assets of the transferor vest in the transferee by operation of this clause without the need for any further conveyance, transfer, assignment or assurance,
(b) in the case of a transfer under clause 5, 6 or 7—the rights or liabilities of the transferor become by operation of this clause the rights or liabilities of the transferee,
(c) all proceedings relating to the assets, rights or liabilities commenced before the transfer by or against the transferor or a predecessor of the transferor and pending immediately before the relevant vesting or transfer are taken to be proceedings pending by or against the transferee,
(d) any act, matter or thing done or omitted to be done in relation to the assets, rights or liabilities before the transfer by, to or in respect of the transferor or a predecessor of the transferor is (to the extent to which that act, matter or thing has any force or effect) taken to have been done or omitted by, to or in respect of the transferee,
(e) a reference in any Act, in any instrument made under any Act or in any document of any kind to the transferor or a predecessor of the transferor is (to the extent to which it relates to those assets, rights or liabilities) taken to include a reference to the transferee.
The operation of clause 4 and this clause is not to be regarded—
(a) as a breach of contract or confidence or otherwise as a civil wrong, or
(b) as a breach of any contractual provision prohibiting, restricting or regulating the assignment or transfer of assets, rights or liabilities, or
(c) as giving rise to any remedy by a party to an instrument, or as causing or permitting the termination of any instrument, because of a change in the beneficial or legal ownership of any asset, right or liability.
The operation of clause 4 and this clause is not to be regarded as an event of default under any contract or other instrument.
No attornment to the transferee by a lessee from the transferor is required.
A transfer is subject to the terms and conditions of the order (if any) by which it is effected.
No compensation is payable to any person or body in connection with a transfer except to the extent (if any) to which the order giving rise to the transfer so provides.
An order under clause 5 takes effect on the date specified in the order, being a date that is on or before the dissolution of the Forestry Commission.
An order under clause 6 takes effect on the date specified in the order, being a date that is after the dissolution of the Forestry Commission but earlier than 12 months after that dissolution.
The Treasurer may, by order in writing, specify the consideration on which a transfer by an order under clause 5 or 6 is made and the value or values at which the assets, rights or liabilities are transferred.
State tax is not chargeable in respect of—
(a) a transfer to which this Schedule applies, or
(b) anything certified by the Treasurer as having been done in consequence of such a transfer (for example, the transfer or conveyance of an interest in land).
The Treasurer may, by notice in writing, confirm a transfer of particular assets, rights or liabilities by operation of this Part.
Such a notice is conclusive evidence of that transfer.
In this Part—
(a) employed in the Forestry Commission Division of the Government Service, or
(b) otherwise employed under Chapter 1A of the Public Sector Employment and Management Act 2002 in the Government Service to enable the Forestry Commission to exercise its functions.
(a) the period of 6 months beginning on the transfer date,
(b) the period beginning on the transfer date and ending immediately before the date on which an enterprise agreement first takes effect in relation to the staff member.
The Treasurer may, by order in writing, transfer such existing members of staff as are specified or referred to in the order to the employment of the Corporation.
Any such staff who are transferred to the Corporation by order under this clause are to be regarded for all purposes as having become employees of the Corporation, in accordance with the terms of the order and this Part, on the day specified in the order as being the day on which the transfer takes effect.
This clause does not apply in relation to a transferred staff member if an enterprise agreement relating to that staff member is entered into before the transfer date.
During the transition period, the employment of a transferred staff member with the Corporation is to be on the same terms and conditions relating to the following matters as applied to the person’s employment as an existing member of staff immediately before the transfer date—
(a) hours of work,
(b) salary,
(c) shift, overtime and penalty rates,
(d) allowances,
(e) leave.
A transferred staff member—
(a) retains any rights to annual leave, extended or long service leave, sick leave, or other forms of leave, accrued or accruing in his or her employment as an existing member of staff, and
(b) is not entitled to receive any payment or other benefit (including in the nature of severance pay or redundancy or other compensation) merely because the member ceases to be in the employment from which the member was transferred, and
(c) is not entitled to claim, both under this Act or any other Act, dual benefits of the same kind for the same period of service.
Without limiting subclause (1), a transferred staff member is not, despite any other provision of this or any other Act, entitled to elect, because of that transfer, to be paid the money value of any extended or annual leave that the member accrued in the employment from which the member was transferred.
The Forestry Commission is taken to be an authority to which Schedule 4 to the SOC Act applies.
If an existing staff member is transferred by order under clause 16, the Industrial Relations Commission has no jurisdiction to determine an industrial matter (within the meaning of the Industrial Relations Act 1996) relating to the staff member if—
(a) the Fair Work Act 2009 of the Commonwealth has excluded the application of State industrial laws (within the meaning of section 26 of that Act) in relation to the matter, or
(b) the matter is an appeal to which Part 7 of Chapter 2 of the Industrial Relations Act 1996 applies.
This clause does not affect the jurisdiction of the Industrial Relations Commission in relation to a matter that is the subject of an application under section 146B of the Industrial Relations Act 1996.
The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act or any Act that amends this Act.
Any such provision has effect despite anything to the contrary in this Schedule. The regulations may make separate savings and transitional provisions or amend this Schedule to consolidate the savings and transitional provisions.
Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.
To the extent to which any such provision takes effect from a date that is earlier than the date of its publication on the NSW legislation website, the provision does not operate so as—
(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or
(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.
In any Act (other than this Act), in any instrument made under any Act or in any document, a reference to the Forestry Commission of New South Wales is taken to be a reference to the Forestry Corporation of New South Wales.
In this clause—
Without limiting clause 2, a reference to the Forestry Commission of New South Wales in the Visy agreement is taken to be a reference to the Forestry Corporation of New South Wales.
The operation of this Act is not to be regarded—
(a) as varying any obligation, right, power or remedy of a person in connection with the Visy agreement, or
(b) as a price revision event within the meaning of clause 47 of that agreement.
Subclause (3) does not limit the operation of clause 10(2) or (3) of Schedule 2.
This clause has effect despite any provision to the contrary in the Visy agreement.
A person who, immediately before the dissolution of the Forestry Commission, held office as the Commissioner constituting the Forestry Commission or as an Assistant Commissioner under the former Act—
(a) ceases to hold that office, and
(b) is not entitled to any remuneration or compensation because of the loss of that office.
This clause applies with respect to any period before the dissolution of the Forestry Commission for which the financial affairs of the Forestry Commission have not been the subject of an annual report of the Forestry Commission under the Annual Reports (Statutory Bodies) Act 1984.
The first annual report of the Corporation is to include the financial affairs of the Forestry Commission with respect to any such period.
Section 43A of the Public Finance and Audit Act 1983 does not apply to or in respect of the Forestry Commission.
Any land dedicated as a State forest or flora reserve, or set apart as a flora reserve, under the former Act, being a dedication or setting apart of the land that was in force immediately before the repeal of the former Act, is taken to be a State forest or flora reserve (as the case requires) under this Act.
Any special management zone declared under the former Act, being a declaration that was in force immediately before the repeal of the former Act, is taken to be a special management zone under this Act.
The repeal of section 22 of the former Act does not affect the reservation from sale of land as a timber or forest reserve that was in force under that section immediately before its repeal and any such reservation may be revoked under and in accordance with that section as if it had not been repealed.
A lease or licence of land within a timber reserve may be granted under the Crown Land Management Act 2016 with the approval of the Minister for such purpose, for such term, and subject to such conditions, as the Minister thinks fit to impose.
A lease or licence referred to in section 24 of the former Act, and in force immediately before the repeal of that section, is not affected by the repeal of that section and may continue to be dealt with as if that section had not been repealed.
For subclause (1), in relation to a revocation of a reservation in accordance with the former Act, section 22, the reference to the Minister for Lands in the section is taken to be a reference to the Minister administering the Crown Land Management Act 2016.
Any licence, permit or lease granted under the former Act and in force immediately before the repeal of the former Act is taken to be a licence, permit or lease of the corresponding kind (as determined by the Corporation) in force under this Act.
A forest agreement in force under the Forestry and National Park Estate Act 1998 immediately before the commencement of this clause is taken to be a forest agreement in force under this Act.
An integrated forestry operations approval in force under the Forestry and National Park Estate Act 1998immediately before the commencement of this clause is taken to be an integrated forestry operations approval in force under this Act.
A reference in any other Act, or in any instrument made under any other Act or in any other document—
(a) to a forest agreement under the Forestry and National Park Estate Act 1998 is to be construed as a reference to a forest agreement under this Act, or
(b) to an integrated forestry operations approval under the Forestry and National Park Estate Act 1998 is to be construed as a reference to an integrated forestry operations approval under this Act.
The repeal of the former Act does not affect the operation of an agreement entered into under section 11(1)(m)(i) of the former Act and in force immediately before that repeal and any such agreement continues to have effect despite that repeal.
A management plan or working plan in force under the Forestry Regulation 2009 immediately before the repeal of that Regulation by this Act is taken to be a management plan or working plan (as the case requires) in force under this Act.
Subject to this Act and the regulations, anything done under or for the purposes of a provision of the former Act is, to the extent that the thing has effect immediately before the repeal of the provision, taken to have been done under or for the purposes of the corresponding provision of this Act.
Compensation is not payable because of the repeal by this Act of the Timber Marketing Act 1977 or for the consequences of that repeal.
In this clause,
Part 2 of the Subordinate Legislation Act 1989 is taken to apply to the first regulation made under this Act as if the Minister administering that Act had given a certificate under section 6 (1)(b) of that Act with respect to the regulation.
In this Part—
In this clause—
An existing IFOA continues to be an integrated forestry operations approval under this Act as amended by the amending Act.
However, any declaration in an existing IFOA of the terms of a relevant licence ceases to have effect. Those terms continue as the terms of the integrated forestry operations approval continued by this clause.
The enforcement functions of the Environment Protection Authority under section 69SB of this Act and under the Biodiversity Conservation Act 2016 in relation to Part 5B of this Act are exercisable in relation to breaches of an existing IFOA (including the terms of any relevant licence set out in the IFOA) that occurred before the relevant date.
Subclause (4) does not apply to proceedings brought under section 69S of this Act before the relevant date in relation to an existing IFOA. That section continues to apply, despite its repeal by the amending Act, to any such proceedings that have not been finally determined.
The on-going forest management operations referred to in paragraph (c) of the definition of
This clause ceases to have effect on 9 November 2022.
Sections 39(5) and 45(5) (as inserted by the amending Act) extend to licences and small quantity authorisations in force immediately before the commencement of those subsections.
(Repealed)
Forestry Act 2012 No 96. Assented to 21.11.2012. Date of commencement, Sch 4.41 excepted, 1.1.2013, sec 2 and 2012 (680) LW 21.12.2012; date of commencement of Sch 4.41, 7.1.2013, sec 2 and 2012 (680) LW 21.12.2012. This Act has been amended by Sch 4.11 [16] to this Act and as follows—
No 19 | Road Transport Legislation (Repeal and Amendment) Act 2013. Assented to 3.4.2013. Date of commencement, 1.7.2013, sec 2 and 2013 (329) LW 28.6.2013. | |
No 51 | Local Land Services Act 2013. Assented to 1.7.2013. Date of commencement of Sch 7, 1.1.2014, sec 2 (1). | |
No 95 | Civil and Administrative Legislation (Repeal and Amendment) Act 2013. Assented to 20.11.2013. Date of commencement, 1.1.2014, sec 2. | |
No 58 | Statute Law (Miscellaneous Provisions) Act (No 2) 2015. Assented to 24.11.2015. Date of commencement of Sch 3, 15.1.2016, sec 2 (3). | |
No 13 | Fines Amendment Act 2016. Assented to 11.5.2016. Date of commencement, 1.6.2016, sec 2 and 2016 (276) LW 1.6.2016. | |
No 63 | Biodiversity Conservation Act 2016. Assented to 23.11.2016. Date of commencement, 25.8.2017, sec 1.2 and 2017 (459) LW 25.8.2017. | |
No 17 | Crown Land Legislation Amendment Act 2017. Assented to 17.5.2017. Date of commencement of Sch 4, 1.7.2018, sec 2 (1) and 2018 (225) LW 1.6.2018. | |
No 40 | Forestry Legislation Amendment Act 2018. Assented to 27.6.2018. Date of commencement of Sch 2, 9.11.2018, sec 2 and 2018 (620) LW 9.11.2018. | |
(627) | Forestry Amendment Regulation 2018. LW 9.11.2018. Date of commencement, 9.11.2018, cl 2. | |
No 1 | Statute Law (Miscellaneous Provisions) Act 2019. Assented to 17.6.2019. Date of commencement of Sch 2.14, 14 days after assent, sec 2 (1). | |
(498) | Forestry Amendment (Transitional Arrangements) Regulation 2019. LW 11.10.2019. Date of commencement, on publication on LW, cl 2. | |
(240) | Forestry Amendment (Transitional Arrangements) Regulation 2020. LW 5.6.2020. Date of commencement, on publication on LW, cl 2. | |
No 10 | Real Property Amendment (Certificates of Title) Act 2021. Assented to 24.5.2021. Date of commencement of Sch 3, 11.10.2021, sec 2(1) and 2021 (476) LW 27.8.2021. | |
(649) | Forestry Amendment (Transitional Arrangements) Regulation 2021. LW 5.11.2021. Date of commencement, on publication on LW, sec 2. | |
No 34 | Energy Legislation Amendment Act 2021. Assented to 29.11.2021. Date of commencement of Sch 3, 15.12.2021, sec 2 and 2021 (752) LW 15.12.2021. | |
No 35 | Statute Law (Miscellaneous Provisions) Act (No 2) 2023. Assented to 30.10.2023. Date of commencement of Sch 1.10, assent, sec 2(c). | |
No 82 | Statute Law (Miscellaneous Provisions) Act (No 2) 2024. Assented to 21.11.2024. Date of commencement of Sch 1, assent, sec 2(b). |
This Act has been amended by sec 30C of the Interpretation Act 1987 No 15.
Sec 3 | Am 2015 No 58, Sch 3.36 [1]; 2017 No 17, Sch 4.33 [1]; 2018 No 40, Sch 2 [1] [2]; 2021 No 34, Sch 3[1]. |
Sec 7 | Am 2015 No 58, Sch 3.36 [2]. |
Sec 15 | Am 2017 No 17, Sch 4.33 [2]. |
Sec 16 | Am 2017 No 17, Sch 4.33 [3]. |
Sec 36 | Am 2017 No 17, Sch 4.33 [4] [5]. |
Sec 37 | Am 2017 No 17, Sch 4.33 [6]. |
Sec 38 | Am 2013 No 51, Sch 7.18 [1]; 2016 No 63, Sch 11.3 [1]; 2017 No 17, Sch 4.33 [7]. |
Sec 39 | Am 2018 No 40, Sch 2 [3]. |
Sec 44 | Am 2016 No 63, Sch 11.3 [2] [3]; 2017 No 17, Sch 4.33 [8] [9]. |
Sec 45 | Am 2018 No 40, Sch 2 [4]. |
Sec 48 | Am 2013 No 51, Sch 7.18 [2]–[4]; 2017 No 17, Sch 4.33 [10]. |
Secs 53, 54 | Am 2013 No 51, Sch 7.18 [5]. |
Sec 59 | Am 2021 No 34, Sch 3[2]. |
Sec 60 | Am 2021 No 34, Sch 3[3]. |
Sec 61 | Am 2017 No 17, Sch 4.33 [11] [12]; 2018 No 40, Sch 2 [5]. |
Sec 68A | Ins 2018 No 40, Sch 2 [6]. |
Part 5A | Ins 2012 No 96, Sch 4.11 [16] (transferred from the National Park Estate (Land Transfers) Act 1998 No 163, Part 3). |
Sec 69A | Ins 2012 No 96, Sch 4.11 [16] (transferred from the National Park Estate (Land Transfers) Act 1998 No 163, sec 14). Am 2018 No 40, Sch 2 [7]; 2024 No 82, Sch 1.8. |
Secs 69B, 69C | Ins 2012 No 96, Sch 4.11 [16] (transferred from the National Park Estate (Land Transfers) Act 1998 No 163, secs 15, 16). |
Sec 69D | Ins 2012 No 96, Sch 4.11 [16] (transferred from the National Park Estate (Land Transfers) Act 1998 No 163, sec 17). Am 2018 No 40, Sch 2 [8] [9]. |
Sec 69E | Ins 2012 No 96, Sch 4.11 [16] (transferred from the National Park Estate (Land Transfers) Act 1998 No 163, sec 18). |
Sec 69F | Ins 2012 No 96, Sch 4.11 [16] (transferred from the National Park Estate (Land Transfers) Act 1998 No 163, sec 19). Am 2018 No 40, Sch 2 [10] [11]. |
Sec 69G | Ins 2012 No 96, Sch 4.11 [16] (transferred from the National Park Estate (Land Transfers) Act 1998 No 163, sec 20). Am 2018 No 40, Sch 2 [12] [13]. |
Sec 69H | Ins 2012 No 96, Sch 4.11 [16] (transferred from the National Park Estate (Land Transfers) Act 1998 No 163, sec 21). Am 2018 No 40, Sch 2 [14]. |
Sec 69I | Ins 2012 No 96, Sch 4.11 [16] (transferred from the National Park Estate (Land Transfers) Act 1998 No 163, sec 22). Am 2015 No 58, Sch 3.36 [3]–[5]; 2018 No 40, Sch 2 [15] [16]. |
Sec 69J | Ins 2012 No 96, Sch 4.11 [16] (transferred from the National Park Estate (Land Transfers) Act 1998 No 163, sec 23). |
Part 5B | Ins 2012 No 96, Sch 4.11 [16] (transferred from the National Park Estate (Land Transfers) Act 1998 No 163, Part 4). |
Part 5B, Div 1 | Ins 2012 No 96, Sch 4.11 [16] (transferred from the National Park Estate (Land Transfers) Act 1998 No 163, Part 4, Div 1). |
Sec 69K | Ins 2012 No 96, Sch 4.11 [16] (transferred from the National Park Estate (Land Transfers) Act 1998 No 163, sec 24). Am 2017 No 17, Sch 4.33 [13]; 2018 No 40, Sch 2 [17]. |
Sec 69L | Ins 2012 No 96, Sch 4.11 [16] (transferred from the National Park Estate (Land Transfers) Act 1998 No 163, sec 25). Am 2018 No 40, Sch 2 [18]–[20]. |
Part 5B, Div 2 | Ins 2012 No 96, Sch 4.11 [16] (transferred from the National Park Estate (Land Transfers) Act 1998 No 163, Part 4, Div 2). |
Sec 69M | Ins 2012 No 96, Sch 4.11 [16] (transferred from the National Park Estate (Land Transfers) Act 1998 No 163, sec 26). Am 2018 No 40, Sch 2 [21]. |
Sec 69N | Ins 2012 No 96, Sch 4.11 [16] (transferred from the National Park Estate (Land Transfers) Act 1998 No 163, sec 27). Am 2018 No 40, Sch 2 [7] [22]; 2024 No 82, Sch 1.8. |
Sec 69NA | Ins 2018 No 40, Sch 2 [23]. |
Sec 69O | Ins 2012 No 96, Sch 4.11 [16] (transferred from the National Park Estate (Land Transfers) Act 1998 No 163, sec 28). Rep 2018 No 40, Sch 2 [24]. |
Sec 69P | Ins 2012 No 96, Sch 4.11 [16] (transferred from the National Park Estate (Land Transfers) Act 1998 No 163, sec 29). Am 2018 No 40, Sch 2 [25]. |
Sec 69Q | Ins 2012 No 96, Sch 4.11 [16] (transferred from the National Park Estate (Land Transfers) Act 1998 No 163, sec 30). |
Sec 69R | Ins 2012 No 96, Sch 4.11 [16] (transferred from the National Park Estate (Land Transfers) Act 1998 No 163, sec 31). Am 2018 No 40, Sch 2 [26]. |
Sec 69RA | Ins 2018 No 40, Sch 2 [27]. |
Sec 69S | Ins 2012 No 96, Sch 4.11 [16] (transferred from the National Park Estate (Land Transfers) Act 1998 No 163, secs 32). Rep 2018 No 40, Sch 2 [28]. |
Part 5B, Div 2A | Ins 2018 No 40, Sch 2 [29]. |
Sec 69SA | Ins 2018 No 40, Sch 2 [29]. |
Sec 69SB | Ins 2018 No 40, Sch 2 [29]. Am 2019 No 1, Sch 2.14. |
Sec 69SC | Ins 2018 No 40, Sch 2 [29]. |
Part 5B, Div 3 | Ins 2012 No 96, Sch 4.11 [16] (transferred from the National Park Estate (Land Transfers) Act 1998 No 163, Part 4, Div 3). Rep 2018 No 40, Sch 2 [30]. |
Sec 69T | Ins 2012 No 96, Sch 4.11 [16] (transferred from the National Park Estate (Land Transfers) Act 1998 No 163, sec 33). Am 2016 No 63, Sch 11.3 [4]. Rep 2018 No 40, Sch 2 [30]. |
Sec 69U | Ins 2012 No 96, Sch 4.11 [16] (transferred from the National Park Estate (Land Transfers) Act 1998 No 163, sec 34). Rep 2018 No 40, Sch 2 [30]. |
Sec 69V | Ins 2012 No 96, Sch 4.11 [16] (transferred from the National Park Estate (Land Transfers) Act 1998 No 163, sec 35). Am 2016 No 63, Sch 11.3 [5]. Rep 2018 No 40, Sch 2 [30]. |
Part 5B, Div 4 | Ins 2012 No 96, Sch 4.11 [16] (transferred from the National Park Estate (Land Transfers) Act 1998 No 163, Part 4, Div 4). |
Sec 69W | Ins 2012 No 96, Sch 4.11 [16] (transferred from the National Park Estate (Land Transfers) Act 1998 No 163, sec 36). |
Sec 69X | Ins 2012 No 96, Sch 4.11 [16] (transferred from the National Park Estate (Land Transfers) Act 1998 No 163, sec 37). Subst 2016 No 63, Sch 11.3 [6]. Am 2018 No 40, Sch 2 [31]. |
Secs 69Y, 69Z | Ins 2012 No 96, Sch 4.11 [16] (transferred from the National Park Estate (Land Transfers) Act 1998 No 163, secs 38, 39). |
Sec 69ZA | Ins 2012 No 96, Sch 4.11 [16] (transferred from the National Park Estate (Land Transfers) Act 1998 No 163, sec 40). Am 2018 No 40, Sch 2 [32]. |
Part 5C (secs 69ZB–69ZI) | Ins 2016 No 63, Sch 11.3 [7]. Rep 2018 No 40, Sch 2 [33]. |
Sec 70 | Am 2015 No 58, Sch 3.36 [6] [7]. |
Sec 87 | Am 2013 No 19, Sch 3; 2016 No 13, Sch 2.3 [1]–[6]. |
Sec 89 | Am 2013 No 95, Sch 2.65 [1] [2]. |
Sec 92 | Am 2018 No 40, Sch 2 [34]. |
Sch 1 | Am 2015 No 58, Sch 3.36 [8]–[11]; 2017 No 17, Sch 4.33 [14]–[17]; 2018 No 40, Sch 2 [35]; 2021 No 10, Sch 3.15. |
Sch 2 | Am 2018 No 40, Sch 2 [36]–[38]. |
Sch 3 | Am 2017 No 17, Sch 4.33 [18]; 2018 No 40, Sch 2 [39] [40]; 2018 (627), cl 3; 2019 (498), cl 3; 2020 (240), cl 3; 2021 (649), sec 3; 2023 No 35, Sch 1.10. |
Sch 4 | Am 1987 No 15, sec 30C. Rep 1987 No 15, sec 30C. |
Sch 5 | Rep 1987 No 15, sec 30C. |
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