Forestry (Amendment) Act 1935 (NSW)

FORESTRY (AMENDMENT) ACT.

Act No. 35, 1935.

An Act to make further provisions relating t o forestry and kindred matters; to validate the appointment of an acting commissioner; to repeal the Forestry (Amendment) Act,

1933; to amend the Forestry Act, 1916- 1933, and certain other Acts in certain

respects; and for purposes connected therewith. [Assented to, 11th April, 1935.]

BE b y a n d wi th t h e advice a n d consent of t h e Legis ­

i t enac t ed by t h e K i n g ' s Mos t Exce l l en t Majes ty ,

la t ive Counci l a n d Legis la t ive Assembly of New Sou th

W a l e s in P a r l i a m e n t assembled, and by the au tho r i t y of

the same, as follows :—

P A R T I.

P R E L I M I N A R Y ,

1. (1) This Act m a y be cited as the " F o r e s t r y

(Amendment ) Act, 1935 , " and shall be r ead and con­

s t r u e d wi th the F o r e s t r y Act, 1916-1933.

(2) The F o r e s t r y Act, 1916-1933, is in this Act

r e f e r r ed to as the P r inc ipa l Act.

( 3 ) The P r inc ipa l Act as amended by this Act m a y

be cited as the F o r e s t r y Act, 1916-1935.

(4) This Act shall commence upon a da te to be

P A R T

appo in ted by the Governor and notified by proc lamat ion

publ ished in the Gazette.

(5) This Act is divided into P a r t s as fol lows:—

P A R T	I — P R E L I M I N A R Y .
P A R T	I I — C O M M I S S I O N AND OFFICERS.
P A R T	I I I — F L O R A RESERVES AND CATCHMENT R E ­

SERVES.

P A R T I V — M I S C E L L A N E O U S AMENDMENTS.

P A R T I I .

COMMISSION AND OFFICERS.

2. (1) The Pr inc ipa l Act is amended—

(a) by inserting in section six after the words " per

annum " the words " which shall be subject to the Public Service Sa lar ies Act, 1931-1934 " ;

(b) by inserting after section nine the following new

sect ions:—

9A. There shall be a secre tary to the commis­ sion who shall, under and subject to the p ro ­ visions of the Public Service Act, 1902, a s amended by subsequent Acts , be appointed by the Governor.

9B. (1) F o r the purposes of this Act the S ta te
shall be divided into not less than th ree inspec­

tor ia l dis t r ic ts , the boundar ies of which shall be determined by the Minis ter on the advice of the Commissioner and m a y on such advice a s aforesaid be al tered by him from time to t ime as he may deem necessary.

(2) The re shall be a forest inspector for

each such distr ict .

E a c h forest inspector shall, unde r and subject to the provisions of the Public Service Act, 1902, as amended by subsequent Acts , be appointed by the Governor.

One of such inspectors shall in and by his Appointment be the chief forest	inspec to r :
P rov ided tha t in making appoin tments to the

posi t ions of secre tary and chief forest inspec tor preference shall be given, other th ings be ing equal, to persons holding a degree or diploma of

a recognised school of f o r e s t ry :

Prov ided fur ther t ha t nothing in this sub­ section shall p revent the promot ion or appoint­ ment to ei ther of those posi t ions of any officer

or person employed in connection with the adminis t ra t ion of this Act immediately before the commencement of the F o r e s t r y (Amend­

ment) Act, 1935.

(2)

(2) The appoin tment by the Governor by executive minute da ted the twenty-ninth day of March, one thou­ sand nine hundred and thi r ty-four , of S tephen M u r r a y Tout , Esqu i re , as act ing commissioner shall be deemed always to have been a valid appoin tment of an act ing commissioner pu r suan t to section 6A of the P r inc ipa l Act, and notwi ths tanding anyth ing to the con t ra ry contained in the said executive minute or in the said section he shall be deemed to have been validly appointed as act ing com­ missioner for a t e r m expir ing upon the date of the commencement of this Act.

(3) The F o r e s t r y (Amendment) Act, 1933, is

repealed.

P A R T I I I .

FLORA RESERVES AND CATCHMENT RESERVES.

Dedication of Reserves.

The Pr inc ipa l Act is fur ther amended by inser t ing

af ter section twenty-five the following new headings and
sect ions:—

3.

Flora Reserves.

25A. (1) The Governor may, by notice in the Gazette, dedicate any a rea of Crown lands or set a p a r t the whole or a por t ion of any S ta te forest o ther than a nat ional forest as a flora reserve for the p rese rva t ion of nat ive flora.

(2) Crown lands shall not be dedicated

under this section except wi th the concurrence

of the Secre ta ry for Lands . ( 3 ) The set t ing a p a r t under this section

of the whole or a p a r t of a S ta t e forest as a flora reserve shall not affect the dedication as a S ta te forest of the a rea so set apa r t .

(4) A notice in the Gazette under this

section shall not be revoked ei ther wholly or in

p a r t otherwise t han by Act of Pa r l i amen t .

(5) (a) The commission shall, in respect of each flora reserve, cause to be d rawn u p a detai led wr i t t en scheme of the opera t ions which it is p roposed to under take on or in re la t ion to the flora reserve.

(b)

(b) The object of the scheme shall be t he preserva t ion of nat ive flora on the flora rese rve .

(c) Such scheme shall be submit ted to the Minister for his approva l and if ap ­ proved by him shall become the working p lan for such flora reserve.

(d) No operat ions shall be under­ t aken on or in relat ion to a flora reserve unless such operat ions a r e in accordance with the working plan for the reserve.

(e) The working plan for a flora re ­ serve may, with the approva l of the Minister, be amended or al tered from time to t ime.

(f) A working plan may contain p ro ­ visions author is ing the council of a municipal i ty o r shire within the boundary of which a flora reserve or p a r t thereof is s i tuate to pa r ­ t ic ipa te to the extent specified in the working plan in the management of such reserve or in the under tak ing of any operat ions author ised by the working plan to be under taken on or in re la t ion to such r e se rve ; and in any such case t he council concerned may expend out of i ts genera l fund any moneys necessary to meet the costs and expenses of exercising the au thor i ty conferred upon it by the working plan.

(g) A working plan may also contain provisions au thor i s ing the representa t ive or representa t ives of any local committee or public body or organisat ion to par t ic ipa te , to the extent

specified in the working plan, in the management	of the flora reserve or in the under tak ing of
a n y operat ions author ised by the working plan to be under taken on the reserve.

Catchment reserves.

25B. (1) The Governor may by notice in the Gazet te dedicate any a rea of Crown lands o r set a p a r t the whole or a por t ion of any S ta t e forest other than a nat ional forest as a catch­ ment reserve for the protect ion of water supply catchment a reas and for the prevent ion of erosion.

L (2)

(2) Crown lands shall no t bo dedicated under this section except wi th the concurrence of the Sec re ta ry for Lands , which concurrence shall no t be given except upon the recommenda­ t ion of the Catchment Areas Board const i tuted unde r section 34A of the Crown Lands Consolida­ t ion Act, 1913, as amended by subsequent Acts .

(3) The set t ing a p a r t under this section of the whole or a p a r t of a S ta te forest as a catchment reserve shall not affect the dedica­ tion as a S ta te forest of the a r ea so set apa r t .

(4) A notice in the Gazette under th i s

section shall not be revoked ei ther wholly or in

p a r t otherwise than by Act of Par l i ament .

(5) (a) The commission shall, in respect of each catchment reserve, cause to be d rawn u p a detailed wr i t t en scheme of the opera t ions which it is proposed to under take on or in relat ion to the catchment reserve .

(b) The objects of such scheme shall be the prevent ion or mi t igat ion of erosion and si l t ing of reservoi rs by the preserva t ion of na t ive t imber cover, the afforestation of por t ions of the catchment reserve which bear no t imber cover or bear inadequate t imber cover, or by any other means specified in the scheme.

(c) Such scheme shall be submit ted
to the Minis ter for his approva l , and if approved

by him shall become the working plan of such

catchment reserve. Before approv ing of any

such scheme the Minis ter shall give considera­ t ion to any repor t or recommendat ion in re la t ion the re to made by the Catchment A r e a s Boa r d const i tuted unde r section 34A of the Crown L a n d s Consolidation Act, 1913, as amended by

subsequent Acts .

(d) No opera t ions shall be under ­ taken on or in relat ion to a catchment r e se rve unless such opera t ions a re in accordance with the working plan for the reserve.

( e )

(e) The working plan for a catch­ ment reserve may, wi th the approva l of the Minister , be amended or a l tered f rom t ime to t ime.

Amendments consequential on section three. \

4 . The Pr inc ipa l Act is fu r ther amended—

(a) (i) by inserting in section four after the words " requires another meaning " the follow­ ing definition:—

" Catchment reserve " means land dedi­ cated or set a p a r t under this Act as a catchment reserve .

(ii)  by inserting in the same section after the definition of " Exclusive r ights " the follow­ ing definition:—

" F l o r a reserve " means land dedicated or set a p a r t under this Act as a flora reserve.

(iii)  by inserting in the same section after the definition of " T ree " the following defini­ tion :—

" "Working plan " means a detai led wri t ­ ten scheme, as approved by the Minis­ ter , of the opera t ions to be under­ taken on or in relat ion to a pa r t i cu la r flora reserve or catchment reserve .

(b) by inser t ing in section nine af ter the words " t imber reserves " the words " and also of

flora reserves and catchment reserves " ;

(c)	by inserting in subsection one of section eleven af ter the words " t imber reserve " the words " and also (but only in accordance with the p ro ­ visions of the working plan for the flora reserve or catchment reserve) dispose of t imber and products on a flora reserve or catchment
reserve " ;
(d)	by inserting in section twenty after the words " S ta t e forest " the words " flora reserve or
catchment r e s e r v e " ; (e)

(e)	(i)	by inserting in section twenty-one after the words " S ta te forest " wherever occurr ing the words " flora reserve or catchment
reserve " ;
(ii)	by inserting in the same section after the
word " f o r e s t r y " the words " o r the pu r ­
poses of the reserve, as the ease may be " ;

(f)	by inserting in subsection one of section twenty- five af ter the words " S ta te forest " the words " or the dedication or se t t ing a p a r t of land a s a flora reserve or catchment reserve " ;
(g)	by inserting after subsection one of section twenty-six the following new subsect ion:—

(1A) A special license may, wi th the approval of the Minister , be issued, au thor is ing the holder , subject to the regula t ions , to the conditions and l imitat ions of the license, and to the provis ions of the working plan, to take t imber or p roduc t s or any specified descr ipt ion thereof on land within a flora reserve or catchment rese rve , whether such land is or is not under lease o r license from the Crown.

(h) by inserting in section twenty-seven after the words " t imber reserve " the words " flora reserve or catchment reserve " ;

(i) (i) by inser t ing in subsection three of section
thir ty-one af ter the words " t imber re­

serve " the words " or flora reserve o r

catchment reserve ' ' ;
(ii)	by inserting at the end of the same section the following new subsect ion:—
(6) A pe rmi t under this section shall no t be g r an t ed in respect of land within a flora reserve or catchment rese rve except with the approva l of the Minis ter and in accord­ ance with the working plan for the reserve .
( j )	by inser t ing in section th i r ty- two af ter the words " t imber reserve " wherever occurr ing the words " flora reserve or catchment reserve " ;

(k)

(k)	by inserting in section thirty-six after the words " t imber reserve " the words " flora reserve or
catchment r e s e r v e " ;
(1)	(i) by inser t ing in p a r a g r a p h s (o) and (p) of

section forty-one af ter the words " S ta te forests " wherever occurr ing the words " flora reserves , catchment reserves " ;

(ii) by inser t ing af ter p a r a g r a p h (u) of the

same section the following new pa ra ­

g raph :—

(v)   providing for the management and control of flora reserves and catch­ ment reserves and for all ma t t e r s

re la t ing to such r e se rves ;

(m) by inser t ing in p a r a g r a p h (a) of subsection

one of section for ty- three af ter the words " t imber reserve " the words " flora reserve or

catchment r e s e r v e . "

P A R T IV .

MISCELLANEOUS AMENDMENTS.

1. (1) The Pr inc ipa l Act is fur ther amended—

(a)	by inserting in subsection two of section thir­ teen af ter the word " licenses " the words " forest leases " ;
(b)	by inserting at the end of section thirteen the following new subsect ion:—

(4) No scheme of afforestation wi th exotic species of t imber shall be under taken or ex­ tended af ter the commencement of this Act except with the wr i t t en approva l of the Minister, which approva l shall not be given unless evidence as prescr ibed has been adduced

to

to the Minis ter sat isfying him tha t the soil, site and climate a re such as to render the ca r ry ing out of the scheme desirable in the in teres ts of the public.

(c)	by inserting in section fifteen after the words
" a u t h o r i s e d w o r k " the words " a n d the Minis ter
for Publ ic W o r k s shall be the construct ing
author i ty . The said Minis ter shall notify tha t

the land is vested in His Majesty. Thereupon the land shall vest in His Majesty for the pur ­ poses of th is Act " ;

(d) by inser t ing a t the end of p a r a g r a p h (b) of

section nineteen the words " and unt i l so deal t with shall be reserved from sale or lease under any Act " ;

(e)	by inserting at the end of section twenty-two the words " and until so dealt with shall be reserved from sale or lease under any Act " ;
(f)	by inserting after section nineteen the following new section :—

19A. The Governor may from time to t ime by notification published in the Gazette, declare t ha t any S ta t e forest or p a r t thereof specified in the notification shall be a. nat ional forest . The provis ions of section nineteen of this Act shall no t extend to or in respect of any na t iona l forest .

The dedication as a S ta te forest of any na t iona l forest shall not be revoked otherwise

t han by Act of Pa r l i amen t .

(g) (i) by omit t ing from subsection one of section th i r ty- two the words " horses or cat t le " and by inser t ing in lieu thereof the word " animal " ;

(ii)   by inserting in subsection two of the same section af ter the words " each t ree so r ing- barked " the words " or otherwise killed or

des t royed " ;

( 1 0

(h) by omit t ing p a r a g r a p h (iii) of section forty-two and by inser t ing in lieu thereof the following p a r a g r a p h : —

(iii) be laid before both Houses of P a r l i a m e n t

within fourteen s i t t ing days af ter such

publication if Pa r l i amen t is in session,

and if not, then within fourteen s i t t ing days after the commencement of the nex t session.

If ei ther House of Pa r l i amen t passes a resolution of which notice has been given a t any t ime within fifteen s i t t ing days af ter such regula t ions have been laid before such House , disallowing any regu­ lation or p a r t thereof, such regulat ion or p a r t shall thereupon cease to have effect.

(2) The Pr inc ipa l Act is fur ther amended—

(a) (i) by omit t ing from p a r a g r a p h (b) of sub­

section one of section eleven the words " sawn t imber or any other " and by inser t ­ ing in lieu thereof the words " or hewn " ;

(ii)    by omit t ing p a r a g r a p h s (c) and (e) of the

same subsect ion;

(b) by omitting from subsection two of section th i r teen the words " otherwise than under p a r a g r a p h (e) subsection one of section e leven ."

( 3 ) The Pr inc ipa l Act is fur ther amended—

(a) by inserting at the end of section eleven the

following new subsection:—

(3) The commission m a y with the approva l of the Minister—

(a)	construct, maintain and manage kilns which shall be used solely for conducting exper iments in or in relat ion to the d ry ing
of t imber ;
(b)	purchase any land necessary to enable it to exercise the powers conferred by p a r a ­ g r a p h (a) of this subsection.

(b)

(b) by inserting in subsection two of section thir- teen after tbe word " reserves " tbe words " for tbe purposes of subsection tbree of section eleven of this Act ."

(4) Tbe Pastures Protection Act, 1934, is amended by inserting in subsection three of section forty-one, immediately before tbe words " Timber felled " the words—

" In any case where concurrence, as aforesaid, has been given fn tbe ringbarking, felling or destruction of timber on such reserves, the board may, notwith- standing anything to the contrary contained in the Forestry Act, 1916-1935, sell such timber, and all moneys received as a result of any such sale shall form part of the Reserves Improvement Fund for the district, save as aforesaid."