Forestry (Amendment) Act 1969 (NSW)

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative

Council and Legislative Assembly of New South Wales in

Parliament assembled, and by the authority of the same, as
follows: —

1. ( 1 ) This Act may be cited as the "Forestry (Amend­

ment) Act, 1969".

(2 ) The Forestry Act, 1916, as subsequently

amended, is in this Act referred to as the Principal Act.

( 3 ) The Principal Act, as amended by this Act, may

be cited as the Forestry Act, 1916-1969.

(4 ) The Public Roads Act 1902, as subsequently

amended and as amended by this Act, may be cited as the

Public Roads Act, 1902-1969.

1. The Principal Act is amended—

(a)	(i)	by omitting from section twelve the word "All" and by inserting in lieu thereof the words
"Subject to subsection two of this section, all";
(ii)	by inserting at the end of the same section the following new subsection :—

(2 ) Upon such terms and conditions as the

Treasurer may from time to time approve—

(a)	there may be established and main­ tained in the Treasury, for the pur­ poses of this Act, a special deposits account or special deposits accounts; and
(b)	the commission may pay moneys into, and expend moneys in, any special deposits account so established.

excluding any amounts paid to a special deposits account established under subsection two of section twelve of this Act, is"; (c)

(b) by inserting in subsection two of section thirteen

after the word "amount" the words "that, after

(c )	(i)	by inserting in section fifteen after the word "thereto" the words "and may, in like manner, appropriate land dedicated as State forest for the purpose of giving effect to an agreement entered into under section 16A of this Act";
(ii)	by omitting from the same section the words
"for Public Works";

(iii)   by omitting from the same section the words "said Minister shall" and by inserting in lieu

thereof the words "Minister may, where land is appropriated for the purpose of giving effect

to an agreement entered into under section 1 6A

of this Act, and shall, in any other case,";

(iv)   by inserting at the end of the same section the

following new subsection :—

( 2 ) Notwithstanding anything contained in subsection two of section eighteen, section nineteen, section 19A or subsection four of

section 25A of this Act, sections forty-three and

forty-four of the Public Works Act, 1912, as subsequently amended, shall operate to revoke any dedication as State forest, declaration as national forest or setting apart as flora reserve

of any land appropriated under this section

for the purpose of giving effect to an agree­

ment entered into under section 16A of this

Act.

(d)	by inserting next after section sixteen the following new section :—
16A. (1 ) Subject to this section, and notwith­ standing anything contained in any Act, the

Minister may, on behalf of Her Majesty and the commission, 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 Her Majesty for the purpose of a

State forest or for access thereto.

(2 )

( 2 ) An agreement entered into under

subsection one of this section may contain such pro­

visions, stipulations, covenants, terms and conditions

as the Minister thinks fit and, without limiting the generality of the foregoing provisions of this sub-

section, may make provision for and with respect

to—

(a) the addition to an existing holding, to be held as part thereof, of the land sold or otherwise disposed of on behalf of Her

Majesty, or the tenure upon which it is to be held under an Act relating to the dis­

posal of land vested in Her Majesty;

(b) the price, value, capital value, rent, or capital value and rent, attributable to the land sold or otherwise disposed of on behalf

of Her Majesty and, where appropriate, the

price payable for land, or an interest in land, sold to Her Majesty;
(c)	the surrender to Her Majesty, before land dedicated as State forest is appropriated for the purpose of giving effect to the agree- ment, of any estate or interest in that land;
(d)	the giving, taking or retention of possession, pending implementation of the agreement,

of land affected by the agreement, and the

terms and conditions thereof;
(e)	the receipt by the commission of moneys otherwise payable to Her Majesty under the agreement.

(3 ) The Minister shall not enter into an

agreement under subsection one of this section

unless he is satisfied that—

(a) execution of the proposed agreement has been recommended by the commission;

(b)

(b) the Minister administering the provisions of an Act, other than this Act, relating to deal­ ings with land vested in Her Majesty has approved the proposed agreement in so far as it relates to the grant of or other dealing with land that, pursuant to the agreement,

is to be held subject to those provisions and

in so far as it relates to the terms and con­ ditions upon which it is to be so held;
(c)	a copy of the proposed agreement has, where it provides for the sale or other dis­ posal of dedicated land that exceeds fifty

acres in area, been laid before both Houses

of Parliament; and

(d) where compliance with paragraph (c) of this subsection is required—

(i)   that notice has not been given in either House of Parliament within fifteen sitting days after a copy of the proposed agreement has been laid before it, of a motion that the agreement be not entered into; or

(ii)   where any such notice is given, that the motion pursuant thereto has been withdrawn or defeated.

(4 ) Subsection three of this section shall

not operate to prevent the Minister from entering into an agreement by reason only that the parties thereto differ from those specified in a proposed agreement, relating to the same lands, that he is authorised to enter into.

( 5 ) No party to an agreement purporting

to be made pursuant to subsection one of this

section or person claiming an estate or interest in
any land the subject of such an agreement, nor the

Registrar-General

Registrar-General or other person registering or
certifying title to land the subject of such an agree­
ment, shall be bound to inquire—

(a)	whether subsection three of this section has been complied with in relation to the agree­ ment; or
(b)	whether the Minister is authorised to give

effect to the agreement by an assurance of

land vested in him as constructing authority.

( 6 ) Where an agreement entered into

under subsection one of this section provides for the doing or execution of any act, matter or thing pur­ suant to 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 shall be deemed to be so authorised, and any other

act, matter or thing for which the agreement pro­

vides may be done or executed without any further

authority than this Act.

( 7 ) A failure to comply with subsection

three of this section in respect of an agreement shall not invalidate the agreement or anything done thereunder.

(e) by inserting next after subsection two of section eighteen the following new subsection :—

(2A) Without affecting—

(a) the declaration of any land as national

forest;

(b)	the setting apart of any land as flora reserve;
(c)	any rights or obligations conferred or imposed by or under this or any other Act,

the

the Governor may, by order published in the
Gazette, constitute two or more State forests, or any

parts of two or more State forests, as one State

forest for the purposes of this Act.

(f) by omitting from section nineteen the word "A" and

by inserting in lieu thereof the words "Subject to

sections 16A and 19B of this Act, a";

(g) by omitting from section 19A the words "The dedi-

cation" and by inserting in lieu thereof the words

"Subject to sections 16A and 19B of this Act, the dedication";
(h)	by inserting next after section 19A the following new

section :—

19B. (1 ) Notwithstanding anything contained in this or any other Act, where the Minister, after considering a report and recommendation by the

commission, is of the opinion that land not exceed­
ing fifty acres in area (being land dedicated as State

forest or flora reserve) should be made available for a public work, or an authorised work, within the

meaning of the Public Works Act, 1912, as subse­ quently amended, or for a public purpose within the meaning of any other Act, the Minister may,

by notification published in the Gazette, being a notification that specifies the public work, autho­

rised work or public purpose for which the land should, in his opinion, be made available, revoke

the dedication of that land as State forest or, as

the case may be, flora reserve.

(2 ) A notification published under subsec­

tion one of this section shall, notwithstanding anything contained in this Act, operate also to

revoke—

(a)	any declaration of the land thereby affected as national forest; and
(b)	any setting apart of the land thereby affected as flora reserve.

(i)

(i)  by omitting from subsection four of section 25A the word "A" and by inserting in lieu thereof the

words "Subject to sections 16A and 19B of this

Act, a";

(j)	by omitting from subsection two of section twenty- six the word "ten" and by inserting in lieu thereof the word "twenty";
(k)	by omitting from section twenty-seven the word "forty" and by inserting in lieu thereof the words "one hundred";

(1) by omitting from section twenty-nine the word "one"

wherever occurring and by inserting in lieu thereof
the word "two";

(m) (i) by omitting from subsection one of section thirty-two the word "forty" and by inserting in lieu thereof the words "one hundred";

(ii)   by omitting from subsection two of the same section the words "two dollars" and by insert­ ing in lieu thereof the words "five dollars";

(n) by inserting next after section thirty-three the fol­ lowing new section :—

33A. (1 ) The Minister may—
(a)	by notification published in the Gazette, declare any road—

(i)   constructed on land dedicated as State forest (whether or not the land is declared to be national forest or set apart as flora reserve) or dedi­ cated as flora reserve; and

(ii)   described in the notification in such manner as the Minister thinks fit,

to

to be a road of access for the purposes

of section two hundred and seventy-nine of
the Crown Lands Consolidation Act, 1913,

as subsequently amended; and

(b)	by a like notification published with the consent of the Minister for the time being administering that section, revoke wholly or in part any notification published under paragraph (a) of this subsection.
( 2 ) A notification under paragraph (a) or

(b) of subsection one of this section shall, upon

publication thereof, have effect according to its

tenor.

(3 ) Nothing in subsection one or two of

this section or in any notification published there­ under, and no use by the public of any road affected

by such a notification, shall operate to affect the

status, as Litate forest, national forest or flora reserve, of the land upon which it is constructed and that land shall remain vested in Her Majesty and shall, subject to subsection two of this section and section two hundred and seventy-nine of the Crown Lands Consolidation Act, 1913, as subse­ quently amended, remain under the control and management of the commission.

(o) by omitting from subsection two of section thirty- eight the word "twenty" and by inserting in lieu

thereof the word "fifty"; and symbols " ( 1 ) " ;

(p) ( i) by omitting from section forty-one the figure

(ii)   by omitting from the same section the word "forty" and by inserting in lieu thereof the words "one hundred";

(q) by omitting from subsection one of section forty- four the word "one" and by inserting in lieu thereof the word "two";

(r)

(r)	(i)	by inserting in section forty-five after the word "particular" the words ", or omits to make, in any such book, return, declaration or state­ ment, any entry or writing of any material particular, or omits to keep or make any such
book, return, declaration or statement,";
(ii)	by omitting from the same section the word "two" and by inserting in lieu thereof the word "four".

1. ( 1 ) The Principal Act is further amended by insert­

ing next after paragraph (b) of section forty-one the following
new paragraph :—

(ba) providing for the payment by a licensee to a Pas­ tures Protection Board constituted under the Pastures Protection Act, 1934, as amended by sub­ sequent Acts, of a percentage of royalty, not

exceeding twenty per centum, in respect of timber or timber products obtained under license from the

area under the control of that Board.

( 2 ) Subsection one of this section shall commence

upon a day to be appointed by the Governor and notified by

proclamation published in the Gazette.

four of section eight and by inserting in lieu thereof the follow- amended, is amended by omitting paragraph (d) of subsection 4. The Public Roads Act 1902, as subsequently

ing paragraph :—

(d) in the case of land referred to in paragraph (c) of subsection three of this section that is land dedi- cated to any public purpose—

(i)   where trustees of the land have been appointed—a notice of the proposed resumption has been posted to those trustees

or

(ii)

(ii)   where the land is within a State forest national forest or flora reserve—the pro- visions of subparagraph (i) of paragraph

(b) of this subsection have been complied

with or

(iii)   where the land is within a nature reserve— the provisions of subparagraph (ii) of paragraph (b) of this subsection have been complied with or.

5.     Where any act, matter or thing to be done or executed

after the commencement of section two of this Act in relation

to any land purchased, resumed or appropriated before that commencement under section fifteen of the Principal Act would, but for this section, be required to be done or executed

by the Minister for Public Works as constructing authority,

that act, matter or thing may be done or executed by that

Minister or, as constructing authority, by the Minister for

the time being administering the Principal Act.

6.     Where, before the commencement of subsection one of

section three of this Act, a licensee under the Principal Act

paid to a Pastures Protection Board constituted under the Pastures Protection Act, 1934, as subsequently amended, a percentage of royalty in respect of timber or timber products obtained under license from the area under the control of that

Board, the payment thereof is hereby validated. MANNING