Forest Management Act 2013
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Forest Management Act 2013
Forest Management Act 2013
An Act to provide for the management of permanent timber production zone land, to repeal the
Forestry Act 1920
and for related purposes [Royal Assent 6 November 2013]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
PART 1 - Preliminary
1.
Short title
This Act may be cited as the
Forest Management Act 2013 .
2.
Commencement
This Act commences on a day to be proclaimed.
3.
Interpretation
In this Act, unless the contrary intention appears
annual supply of veneer and sawlog
means the minimum aggregate quantity of eucalypt veneer logs and eucalypt sawlogs that the Forest Manager must make available annually for the veneer and sawmilling industries in accordance with
section 16 ;
conservation area
has the same meaning as in the
Nature Conservation Act 2002 ;
CPR Plan
means a plan in the Central Plan Register;
Crown land
has the same meaning as in the
Crown Lands Act 1976 ;
Forest Manager
means the Forest Manager referred to in
section 7 ;
forest operations
means work connected with
(a) seeding and planting trees; or
(b) managing trees before they are harvested; or
(c) harvesting, extracting or quarrying forest products and includes any related land clearing, land preparation, burning-off or access construction;
Forest Practices Code
means the Code issued by the Forest Practices Authority pursuant to
section 30 of the
Forest Practices Act 1985
and in force under that Act, and includes any amendments to that Code;
forest product
means any of the following:
(a) vegetable growth that is on or from permanent timber production zone land;
(b) a product of growing or dead trees, shrub, timber or other vegetable growth that is on or from permanent timber production zone land;
(c) sand, gravel, clay, loam or stone that is on or from permanent timber production zone land;
forest road
means
(a) any road constructed or maintained by or for the Forest Manager either inside or outside permanent timber production zone land; or
(b) any other road on permanent timber production zone land, other than
(i) a State highway within the meaning of the
Roads and Jetties Act 1935 ; or
(ii) a subsidiary road within the meaning of the
Roads and Jetties Act 1935 ; or
(iii) a local highway within the meaning of the
Local Government (Highways) Act 1982 ; or
(c) any other road that is
(i) on Crown land; and
(ii) being managed by a person for the purpose of timber production; or
(d) any bridge, tunnel, embankment, causeway, culvert, drain or other works constructed in respect of a road referred to in
paragraph (a) ,
(b)
or
(c) ;
Forestry corporation
means the Forestry corporation continued under
section 6 ;
[Section 3 Amended by No. 12 of 2014, s. 15, Applied:22 Oct 2014]
future potential production forest land
has the same meaning as in the
Forestry (Rebuilding the Forest Industry) Act 2014 ;
permanent timber production zone land
means
(a) Crown land declared to be permanent timber production zone land under
section 10 ; or
(b) land referred to in
section 12 ; or
(c) land referred to in
Schedule 2 ;
regional reserve
has the same meaning as in the
Nature Conservation Act 2002 ;
regulations
means regulations made and in force in accordance with this Act;
repealed Act
means the
Forestry Act 1920 ;
timber
includes the trunks and branches of trees, whether standing or not, and all wood, whether or not the same is cut up, sawn, hewn, split, or otherwise fashioned;
timber classification officer
means a person appointed as a timber classification officer under
section 17 ;
trees
includes not only timber trees, but trees, shrubs and bushes, seedlings, saplings and re-shoots of every description and the roots of any such trees.
4.
Application of Act
(1)
Except as provided in this Act, this Act does not apply to Crown land that is reserved land within the meaning of the
Nature Conservation Act 2002 .
(2)
This Act does not apply to Crown land that is reserved as a public reserve under the
Crown Lands Act 1976 .
5.
[Section 5 Repealed by No. 12 of 2014, s. 16, Applied:22 Oct 2014]
. . . . . . . .
PART 2 - Forestry Corporation
6.
Continuation of Forestry corporation
The Forestry corporation established under the repealed Act continues in existence as a corporation with the same corporate name it had immediately before the commencement of this Act.
PART 3 - Forest Manager for Permanent Timber Production Zone Land
7.
Forest Manager for permanent timber production zone land
(1)
The Forestry corporation is the Forest Manager for permanent timber production zone land and has the functions and powers specified in this Act.
(2)
Notwithstanding
section 9(1) ,
sections 9
and
10 of the
Government Business Enterprises Act 1995
apply to the Forestry corporation in exercising its powers as the Forest Manager under this Act.
8.
Functions of Forest Manager
The Forest Manager has the following functions:
(a) to manage and control all permanent timber production zone land;
(b) to undertake forest operations on permanent timber production zone land for the purpose of selling forest products;
(c) such other functions as are approved in writing by the Minister and the Treasurer.
9.
Powers of Forest Manager
(1)
The Forest Manager has such powers as are necessary to enable it to perform its functions.
(2)
Without limiting
subsection (1) , the Forest Manager may grant to a person a permit, licence, lease, or other occupation right, in relation to permanent timber production zone land.
PART 4 - Permanent Timber Production Zone Land
10.
Reservation of Crown land as permanent timber production zone land
(1)
The Minister, by order published in the Gazette (a
permanent timber production zone land order ), may declare Crown land specified in that order to be permanent timber production zone land for the purposes of this Act.
(1A)
[Section 10 Subsection (1A) inserted by No. 12 of 2014, s. 17, Applied:22 Oct 2014]
Subsection (1)
does not apply to Crown land that is future potential production forest land.
(2)
A permanent timber production zone land order is not a statutory rule for the purposes of the
Rules Publication Act 1953 .
(3)
Before making a permanent timber production zone land order, the Minister must have obtained advice from the Forest Manager that the land proposed to be specified in the order is required for the supply of forest products.
(4)
The Minister must cause a permanent timber production zone land order and the advice referred to in
subsection (3)
to be laid before each House of Parliament within the first 5 sitting-days after the permanent timber production zone land order is made.
(5)
A proposed permanent timber production zone land order is of no effect unless it has been accepted by both Houses of Parliament.
(6)
A House of Parliament is taken to have accepted a proposed permanent timber production zone land order if the order has been laid on the table of that House and
(a) it is accepted by that House; or
(b) at the expiration of 5 sitting-days after it was laid on the table of that House, no notice has been given of a motion to disallow it, or, if such notice has been given, the notice has been withdrawn or the motion has been negatived; or
(c) if any notice of a motion to disallow it is given during that period of 5 sitting-days, the notice is, after the expiration of that period, withdrawn or the motion is negatived.
(7)
If the proposed permanent timber production zone land order is accepted by both Houses of Parliament, the land specified in the order becomes permanent timber production zone land.
11.
Revocation of permanent timber production zone land
(1)
Subject to
subsection (2) , the Minister may, by order published in the Gazette (a
permanent timber production zone land revocation order ), declare that any area of land specified in the order ceases to be, or form part of, permanent timber production zone land.
(1A)
[Section 11 Subsection (1A) inserted by No. 12 of 2014, s. 18, Applied:22 Oct 2014]
Subsection (1)
does not apply to permanent timber production zone land that is the subject of advice from the Minister administering the
Crown Lands Act 1976
under section 6(7) of the
Forestry (Rebuilding the Forest Industry) Act 2014 .
(2)
[Section 11 Subsection (2) omitted by No. 12 of 2014, s. 18, Applied:22 Oct 2014]
. . . . . . . .
(3)
A permanent timber production zone land revocation order is not a statutory rule for the purposes of the
Rules Publication Act 1953 .
(4)
Before making a permanent timber production zone land revocation order, the Minister must have obtained advice from the Forest Manager on the impact, of the land proposed to be specified in the order ceasing to be, or form part of, permanent timber production zone land, on the capacity of the Forest Manager
(a) to meet the annual supply of veneer and sawlog; and
(b)
[Section 11 Subsection (4) amended by No. 12 of 2014, s. 18, Applied:22 Oct 2014]
to supply logs to the holder of a forestry compensation certificate in accordance with
Part 5A .
(5)
The Minister must cause a permanent timber production zone land revocation order and the advice referred to in
subsection (4)
to be laid before each House of Parliament within the first 5 sitting-days after the permanent timber production zone land revocation order is made.
(6)
A proposed permanent timber production zone land revocation order is of no effect unless it has been accepted by both Houses of Parliament.
(7)
A House of Parliament is taken to have accepted a proposed permanent timber production zone land revocation order if the order has been laid on the table of that House and
(a) it is accepted by that House; or
(b) at the expiration of 5 sitting-days after it was laid on the table of that House, no notice has been given of a motion to disallow it, or, if such notice has been given, the notice has been withdrawn or the motion has been negatived; or
(c) if any notice of a motion to disallow it is given during that period of 5 sitting-days, the notice is, after the expiration of that period, withdrawn or the motion is negatived.
(8)
If the proposed permanent timber production zone land revocation order is accepted by both Houses of Parliament, the land specified in the order ceases to be permanent timber production zone land and becomes Crown land for the purposes of the
Crown Lands Act 1976 .
(9)
A revocation order under this section is not required in respect of any permanent timber production zone land, that is not Crown land, that is sold, or otherwise disposed of, by the Forestry corporation.
(10)
Any permanent timber production zone land, that is not Crown land, that is sold, or otherwise disposed of, by the Forestry corporation ceases to be, or form part of, permanent timber production zone land on its sale or disposition.
11A.
Exchange of land
[Section 11A Inserted by No. 12 of 2014, s. 19, Applied:22 Oct 2014]
(1)
On advice from the Minister administering the
Crown Lands Act 1976
under section 6(7) of the
Forestry (Rebuilding the Forest Industry) Act 2014 , the Minister, by order published in the Gazette (a
land exchange order ), must
(a) declare Crown land specified in that order to be permanent timber production zone land for the purposes of this Act; and
(b) declare that any other area of land specified in the order ceases to be, or form part of, permanent timber production zone land.
(2)
A land exchange order is not a statutory rule for the purposes of the
Rules Publication Act 1953 .
(3)
The Minister must cause a land exchange order and the advice referred to in
subsection (1)
and the information obtained under section 6(2) and (4) of the
Forestry (Rebuilding the Forest Industry) Act 2014
to be laid before each House of Parliament within the first 5 sitting-days after the land exchange order is made.
(4)
A proposed land exchange order is of no effect unless it has been accepted by both Houses of Parliament.
(5)
A House of Parliament is taken to have accepted a proposed land exchange order if the order has been laid on the table of that House and
(a) it is accepted by that House; or
(b) at the expiration of 15 sitting-days after it was laid on the table of that House, no notice has been given of a motion to disallow it, or, if such notice has been given, the notice has been withdrawn or the motion has been negatived; or
(c) if any notice of a motion to disallow it is given during that period of 15 sitting-days, the notice is, after the expiration of that period, withdrawn or the motion is negatived.
(6)
If the proposed land exchange order is accepted by both Houses of Parliament
(a)
[Section 11A Subsection (6) amended by No. 17 of 1996, Applied:22 Oct 2014]
land specified in the order to be permanent timber production zone land becomes permanent timber production zone land and ceases to be future potential production forest land; and
(b) land specified in the order to cease to be, or form part of, permanent timber production zone land, ceases to be permanent timber production zone land and becomes
(i) Crown land for the purposes of the
Crown Lands Act 1976 ; and
(ii) future potential production forest land.
11B.
Conversion of future potential production forest land to permanent timber production zone land
[Section 11B Inserted by No. 12 of 2014, s. 19, Applied:22 Oct 2014]
(1)
On receipt of advice from the Minister administering the
Crown Lands Act 1976
under section 7(7) of the
Forestry (Rebuilding the Forest Industry) Act 2014 , the Minister, by order published in the Gazette (a
land conversion order ), must declare Crown land specified in that order to be permanent timber production zone land for the purposes of this Act.
(2)
A land conversion order is not a statutory rule for the purposes of the
Rules Publication Act 1953 .
(3)
The Minister must cause a land conversion order and the advice referred to in
subsection (1)
together with the information obtained under section 7(2) and (4) of the
Forestry (Rebuilding the Forest Industry) Act 2014
to be laid before each House of Parliament within the first 5 sitting-days after the land conversion order is made.
(4)
A proposed land conversion order is of no effect unless it has been accepted by both Houses of Parliament.
(5)
A House of Parliament is taken to have accepted a proposed land conversion order if the order has been laid on the table of that House and
(a) it is accepted by that House; or
(b) at the expiration of 15 sitting-days after it was laid on the table of that House, no notice has been given of a motion to disallow it, or, if such notice has been given, the notice has been withdrawn or the motion has been negatived; or
(c) if any notice of a motion to disallow it is given during that period of 15 sitting-days, the notice is, after the expiration of that period, withdrawn or the motion is negatived.
(6)
If the proposed land conversion order is accepted by both Houses of Parliament, land specified in the order to be permanent timber production zone land becomes permanent timber production zone land and ceases to be future potential production forest land.
12.
Land purchased, &c., by Forestry corporation becomes permanent timber production zone land
(1)
Any land purchased or acquired by the Forestry corporation becomes permanent timber production zone land.
(2)
In this section
land
does not include houses, buildings or similar structures on land.
12A.
Prohibition on purchase, &c., of future potential production forest land
[Section 12A Inserted by No. 12 of 2014, s. 20, Applied:22 Oct 2014]
The Forestry corporation must not purchase or otherwise acquire future potential production forest land.
13.
Access to permanent timber production zone land
(1)
The Forest Manager must perform its functions and exercise its powers so as to allow access to permanent timber production zone land for such purposes as are not incompatible with the management of permanent timber production zone land under this Act.
(2)
Nothing in
subsection (1)
prevents the Forest Manager from exercising its powers under
sections 21 ,
22
and
23 .
14.
Forest Manager may charge fee
The Forest Manager may, with the approval of the Minister, charge a person or a class of persons a fee for the right to access permanent timber production zone land or use a forest road for any purpose.
PART 5 - Wood Production Policy
15.
Sustainable management of Tasmania's forests
The Forest Manager must perform its functions in a manner that is consistent with the principles of forest management set out in the Forest Practices Code, as a contribution to the sustainable management of Tasmania's forests.
16.
Wood production supply
(1)
Each year the Forest Manager must make available
(a) for the veneer and sawmilling industries, a minimum aggregate quantity of eucalypt veneer logs and eucalypt sawlogs, from permanent timber production zone land, that meets the prescribed specifications that are in force immediately before the commencement of this Act; and
(b)
[Section 16 Subsection (1) amended by No. 12 of 2014, s. 21, Applied:22 Oct 2014]
for a prescribed industry, the prescribed quantity, prescribed type and prescribed specification of other prescribed timber (including special species timber, as defined in
section 3 of the
Forestry (Rebuilding the Forest Industry) Act 2014
).
(2)
In
subsection (1)(a)
minimum aggregate quantity
means
(a) 137 000 cubic metres of any combination of eucalypt veneer quality 1, eucalypt veneer quality 2, category 1 sawlogs, and category 3 sawlogs, as specified in
Schedule 1 to the
Forestry Regulations 2009
; or
(b) if another quantity is prescribed, the prescribed quantity.
(3)
The regulations may prescribe the time for which the quantity, type and specification of other timber is to be made available and the source of the other timber.
PART 5A - Compensation Arrangements
16A.
Interpretation of Part
[Section 16A Inserted by No. 12 of 2014, s. 22, Applied:22 Oct 2014]
In this Part
forest product
means any of the following:
(a) sawn timber;
(b) veneer products;
(c) poles, piles or posts;
(d) any other forest product but not including
(i) woodchips that are to be further processed outside Tasmania; or
(ii) whole logs that are to be further processed outside Tasmania; or
(iii) any other product excluded by the regulations, being a product not referred to in
paragraph (a) ,
(b)
or
(c) ;
wood supply contract
means a contract made between the Forestry corporation and a purchaser, the principal, or a principal, term of which is that the Forestry corporation should make available to that purchaser over a period of not less than 2 years a supply of a quantity of logs in return for monetary or other consideration.
16B.
Forestry compensation certificate
[Section 16B Inserted by No. 12 of 2014, s. 22, Applied:22 Oct 2014]
(1)
Subject to this Part, the Minister must issue a forestry compensation certificate to a purchaser under a wood supply contract at the request of the Forestry corporation or the purchaser.
(2)
Before issuing a forestry compensation certificate the Minister
(a) must be satisfied that
(i) there is an enforceable wood supply contract; and
(ii) the logs to be supplied under the wood supply contract will be processed in Tasmania into a forest product; and
(iii) any requirements set out in regulations made under this Act that prescribe any economic or environmental requirement, concerning the logs, the source of the logs or the processing of the logs, are met; and
(b) must have received from the Forestry corporation certification that, having regard to all other enforceable wood supply contracts, it is able to supply the quantities of logs specified in the wood supply contract in accordance with its terms.
(3)
The Forestry corporation must issue certification if, having regard to all other enforceable wood supply contracts, it is able to supply the quantities of wood specified in the wood supply contract in accordance with its terms.
16C.
Contents of forestry compensation certificate
[Section 16C Inserted by No. 12 of 2014, s. 22, Applied:22 Oct 2014]
A forestry compensation certificate is to contain the following information:
(a) the name of the person to whom the certificate is issued;
(b) a description of the wood supply contract to which the certificate relates that is sufficient to enable that contract to be identified;
(c) the annual quantity of logs to which the certificate relates;
(d) the date on which the certificate ceases to have effect.
16D.
Transfer or assignment, &c., of forestry compensation certificate
[Section 16D Inserted by No. 12 of 2014, s. 22, Applied:22 Oct 2014]
(1)
Subject to
subsection (2) , the person to whom a forestry compensation certificate is issued may assign the rights and entitlements associated with that certificate in part or in full to a person to whom the purchaser's rights and entitlements, under the wood supply contract to which the certificate relates, are assigned.
(2)
The assignment of the rights and entitlements associated with the forestry compensation certificate must correspond to the assignment of the purchaser's rights and entitlements under the wood supply contract to which the certificate relates.
(3)
If the person to whom a forestry compensation certificate is issued assigns to another person the rights and entitlements associated with that certificate in part or in full in accordance with
subsection (1) , the first-mentioned person is to
(a) provide evidence to the Minister that the assignments referred to in
subsection (1)
have been effected; and
(b) deliver the certificate to the Minister; and
(c) deliver a copy of the contract by which the rights and entitlements, under the wood supply contract to which the certificate relates, are assigned.
(4)
On receipt of the evidence, forestry compensation certificate and contract, the Minister, if satisfied that the assignments referred to in
subsection (1)
have been effected, is to
(a) issue to the assignee of the rights and entitlements under the forestry compensation certificate a new certificate to reflect the details of that assignment; and
(b) if any rights and entitlements under the forestry compensation certificate were not assigned by the assignor, issue to the assignor a new certificate in respect of those rights and entitlements that were not assigned.
(5)
On the issue of any new forestry compensation certificate or certificates in accordance with
subsection (4) , the forestry compensation certificate referred to in
subsection (3)
is cancelled.
(6)
The cancellation of a forestry compensation certificate in accordance with
subsection (5)
does not affect any claim to compensation under that certificate that accrued before its cancellation.
16E.
Effect of forestry compensation certificate
[Section 16E Inserted by No. 12 of 2014, s. 22, Applied:22 Oct 2014]
(1)
A forestry compensation certificate entitles the holder of the certificate to receive compensation in accordance with this section.
(2)
The holder of a forestry compensation certificate is entitled to compensation if the Forestry corporation certifies to the Minister that the Forestry corporation is, when requested by the holder, prevented from supplying logs to the holder, up to the quantities specified in the forestry compensation certificate and on the terms specified in the wood supply contract to which the certificate relates, as a result of
(a) a change of the law of the State, including any change to
section 16
of this Act, that has the effect of diminishing the quantities of logs available to the Forestry corporation for the supply of logs in accordance with the terms of the wood supply contract; or
(b) a change of policy
(i) in relation to forest practices, within the meaning of the
Forest Practices Act 1985 ; or
(ii) solely or primarily in relation to the Tasmanian forest industry by the Tasmanian Government
that has the effect of diminishing the quantities of logs available to the Forestry corporation for the supply of logs in accordance with the terms of the wood supply contract.
(3)
The Forestry corporation must certify in accordance with
subsection (2)
if it is unable to supply logs in accordance with the terms of a wood supply contract.
(4)
Certification by the Forestry corporation under
subsection (2)
must include
(a) the name of the holder of the forestry compensation certificate at the date of certification; and
(b) a description of the wood supply contract to which the certificate relates that is sufficient to enable that contract to be identified; and
(c) the annual quantity of logs to which the certificate relates; and
(d) the annual quantity of logs requested from the Forestry corporation by the holder of the certificate; and
(e) the annual quantity of logs that the Forestry corporation has made available, or can make available, to the holder of the certificate; and
(f) having regard to
paragraphs (c) ,
(d)
and
(e) , the annual quantity of logs that the Forestry corporation is prevented from supplying to the holder as a result of the circumstances referred to in
paragraph (a)
or
(b)
of
subsection (2) ; and
(g) the period during which the Forestry corporation is prevented from supplying to the holder of the certificate the quantity referred to in
paragraph (f) .
(5)
For the purposes of calculating the annual quantity of logs that the Forestry corporation has made available, or can make available, to the holder of a forestry compensation certificate under
subsection (4)(e) , any quantity of logs supplied to the holder under any other wood supply contract, in respect of which a forestry compensation certificate has not been issued, is taken to have been supplied in full satisfaction or in part satisfaction, as the case may be, of the wood supply contract to which the certification by the Forestry corporation under
subsection (2)
relates.
16F.
Entitlement to compensation
[Section 16F Inserted by No. 12 of 2014, s. 22, Applied:22 Oct 2014]
(1)
On receipt of the Forestry corporation's certification under
section 16E(2) , the Minister becomes liable to pay compensation to the holder of the forestry compensation certificate to which the certification relates in accordance with this Part.
(2)
Subject to
subsections (3)
and
(4) , the amount of compensation referred to in
subsection (1)
is the amount of damages that would have been payable by the Forestry corporation if the non-supply of the quantity of logs referred to in
section 16E(4)(f)
for the period referred to in
section 16E(4)(g)
in accordance with the terms of the wood supply contract had constituted a breach of contract by the Forestry corporation.
(3)
Subsection (2)
applies only to the extent that the non-supply referred to in that subsection occurs as a result of the circumstances referred to in
paragraph (a)
or
(b)
of
section 16E(2) .
(4)
For the purposes of
subsection (2) , the following matters are to be disregarded when calculating compensation:
(a) any agreement between the holder of the forestry compensation certificate and the Forestry corporation that limits the damages payable for a breach of the wood supply contract;
(b) any agreement between the holder of the forestry compensation certificate and the Forestry corporation to pay an agreed amount of damages for a breach of the wood supply contract.
(5)
A holder of a forestry compensation certificate entitled to compensation in accordance with this Part and the Forestry corporation must take all reasonable steps to minimise the loss or damage referred to in
subsection (2) .
16G.
Determination of compensation
[Section 16G Inserted by No. 12 of 2014, s. 22, Applied:22 Oct 2014]
(1)
In this section
affected person
means a person who is entitled to compensation in accordance with this Part.
(2)
Before agreeing an amount of compensation, the Minister must obtain the approval of the Solicitor-General to that amount.
(3)
If the affected person and the Minister agree the amount of compensation in writing, the compensation is that amount.
(4)
If the affected person and the Minister cannot agree the amount of compensation, the claim for compensation is to be determined in the same manner as a disputed claim for compensation under the
Land Acquisition Act 1993
and, for that purpose
(a) the certification given by the Forestry corporation is taken to be a notice of acquisition, within the meaning of that Act; and
(b) the amount of compensation to be determined is the amount referred to in
section 16F(2) ; and
(c) the Crown is the acquiring authority.
(5)
Any compensation that an affected person receives under this section extinguishes any claim that the affected person would otherwise have had against the Forestry corporation in respect of the matters to which the compensation relates.
(6)
An affected person and the Forestry corporation are taken to be discharged from the performance of their respective obligations under a wood supply contract to the extent that the non-performance of those obligations is taken into account in agreeing or determining the compensation payable to the affected person in accordance with this section.
16H.
Amendment of forestry compensation certificate
[Section 16H Inserted by No. 12 of 2014, s. 22, Applied:22 Oct 2014]
(1)
If the Forestry corporation and the holder of a forestry compensation certificate have agreed to vary the terms of the wood supply contract to which that certificate relates, the Forestry corporation must advise the Minister, within 14 days from the date on which the variation takes effect, of the varied terms.
(2)
On receipt of advice from the Forestry corporation under
subsection (1) , the Minister must amend the forestry compensation certificate to which the wood supply contract relates to give effect to the variation.
(3)
Before amending a forestry compensation certificate, the Minister
(a) must be satisfied that there is an enforceable wood supply contract; and
(b) must have received from the Forestry corporation certification that, having regard to all other enforceable wood supply contracts, it is able to supply the quantities of wood specified in the wood supply contract in accordance with its terms.
16I.
Continuation of forestry compensation certificates
[Section 16I Inserted by No. 12 of 2014, s. 22, Applied:22 Oct 2014]
(1)
A forestry compensation certificate issued pursuant to section 8(1) of the
Tasmanian Forests Agreement Act 2013 , as in force immediately before the commencement of the
Forestry (Rebuilding the Forest Industry) Act 2014
(the former certificate)
(a) is taken to be a forestry compensation certificate issued under this Act; and
(b) a reference in the former certificate to section 8(1) of the
Tasmanian Forests Agreement Act 2013
is to be read as a reference to section 16B(1) of the
Forest Management Act 2013 ; and
(c) a reference in the former certificate to section 11 is to be read as a reference to section 16E.
(2)
A reference to a forestry compensation certificate, issued pursuant to section 8(1) of the
Tasmanian Forests Agreement Act 2013 , as in force immediately before the commencement of the
Forestry (Rebuilding the Forest Industry) Act 2014 , in any document is taken to be a reference to a forestry compensation certificate issued under this Act.
PART 6 - Miscellaneous
17.
Timber classification officers
(1)
The Forest Manager may appoint any of its employees, any person employed by a body corporate involved in the forest industry, or any other person whom it regards as being suitably qualified, to be a timber classification officer for the purposes of classifying timber and other forest products on, or harvested from, permanent timber production zone land.
(2)
A person who is not an employee of the Forest Manager is to be appointed on such terms as the Forest Manager determines and specifies in the instrument of appointment.
(3)
A person appointed as a timber classification officer must perform such duties relating to the classification of timber and other forest products as the Forest Manager directs.
(4)
A person appointed as a timber classification officer does not incur any personal liability for an act done or purported or omitted to be done by the officer acting as such in good faith.
(5)
An employee or other person appointed as a timber classification officer may hold that appointment and perform the duties of a timber classification officer in conjunction with any other office or appointment held by that person.
(6)
Notwithstanding the other provisions of this section, a State Service officer or State Service employee is not, without the prior approval of the Head of the State Service Agency in which the officer or employee is employed
(a) capable of being appointed as a timber classification officer; or
(b) entitled to receive any remuneration or allowances in his or her capacity as a timber classification officer.
(7)
In any proceedings, a certificate purporting to be signed by a person authorised, in writing, by the Forest Manager and stating that a person named in the certificate is, or was at a particular time or during a particular period, a timber classification officer is admissible as evidence of the matter stated in the certificate.
18.
Power to construct drains on adjoining land
(1)
The Forest Manager may construct or maintain a drain or watercourse in and through land adjoining or near a forest road as it considers necessary.
(2)
The Forest Manager must maintain a drain or watercourse constructed by it under
subsection (1) .
(3)
The Forest Manager must not enter land for any purpose specified in
subsection (1)
or
(2)
unless
(a) the Forest Manager has notified the owner and occupier of the land, in writing, of its intention to enter the land and the purpose of that entry; and
(b) not less than 14 days have elapsed since that notice was provided to the owner and occupier.
(4)
The Forest Manager must pay compensation to the owner and occupier of land entered under this section for any damage or loss suffered by reason of the construction or maintenance of a drain or watercourse by the Forest Manager under this section.
(5)
The compensation payable by the Forest Manager under this section is to be determined in the same manner as a disputed claim for compensation under the
Land Acquisition Act 1993 .
(6)
For the purposes of
subsection (4)
land
means
(a) land other than Crown land; or
(b) land that is owned or occupied by a Government Business Enterprise; or
(c) land that is owned by any other person or body.
19.
Constructing forest roads, &c.
The Forest Manager may construct and maintain forest roads, works and other facilities
(a) in permanent timber production zone land; or
(b) for access to permanent timber production zone land.
20.
Forest Manager not liable for failure to maintain forest road
The Forest Manager does not incur any liability by virtue of its failure to keep a forest road in repair in respect of pedestrian or vehicular traffic using that road.
21.
Signage
(1)
The Forest Manager may erect signs
(a) on or in respect of forest roads; or
(b) on permanent timber production zone land for the purposes of discharging its responsibilities or in the interests of safety.
(2)
The Forest Manager, wherever practicable, is to erect signs stating that a particular road is a forest road.
(3)
A person must not, without lawful excuse, undertake an activity or engage in conduct on a forest road or other land in permanent timber production zone land contrary to the directions of the Forest Manager expressed on a sign authorised by the Forest Manager. Penalty: Fine not exceeding 20 penalty units.
(4)
In any proceedings under
subsection (3) , a certificate purporting to be signed by a person authorised, in writing, by the Forest Manager stating that at a particular time a sign was authorised by the Forest Manager for the purposes of this section is admissible as evidence that, at that time, the sign was so authorised.
(5)
A police officer who reasonably considers that a person is offending against
subsection (3)
may direct that person to leave the forest road or other land in permanent timber production zone land.
(6)
A person who is given a direction by a police officer under
subsection (5)
must comply with that direction. Penalty: Fine not exceeding 20 penalty units.
(7)
A police officer may arrest, without warrant, any person who fails to comply with a direction under
subsection (5) .
22.
Request to leave, &c., permanent timber production zone land
(1)
In this section
authorised officer
means a person appointed as an authorised officer under
subsection (2) .
(2)
The Forest Manager may appoint any of its employees to be an authorised officer for the purpose of this section.
(3)
An authorised officer may request a person
(a) not to enter permanent timber production zone land or a forest road; or
(b) to leave permanent timber production zone land or a forest road; or
(c) to cease to undertake an activity conducted, or to cease to engage in conduct, on that land or road if the authorised officer is of the opinion that the entry or presence of that person, or the activity conducted, or the conduct engaged in, by that person on the land or road is preventing, has prevented or is about to prevent the Forest Manager from effectively or efficiently performing its functions.
(4)
An authorised officer may prohibit a person from entering, or remaining in, an area of permanent timber production zone land
(a) that has been declared under
section 68 of the
Fire Service Act 1979
to be an area of extreme fire hazard; or
(b) that is an area in respect of which another person has a right of exclusive possession; or
(c) in the interests of a person's safety.
(5)
A person who fails to comply with a request from an authorised officer under
subsection (3)
or
(4)
is guilty of an offence. Penalty: Fine not exceeding 20 penalty units.
(6)
A person must not, without lawful excuse, undertake an activity or engage in conduct on permanent timber production zone land or a forest road contrary to the directions of a police officer. Penalty: Fine not exceeding 20 penalty units.
(7)
A police officer may arrest, without warrant, any person who fails to comply with a direction under
subsection (6) .
(8)
In any proceedings under
subsection (5) , a certificate purporting to be signed by a person authorised, in writing, by the Forest Manager stating that at a particular time a person was an authorised officer is admissible as evidence that, the person was, at that time, an authorised officer.
23.
Closure of forest roads
(1)
In this section
artificial barricade
includes a gate or chain;
prescribed sign
means a sign that clearly indicates that the forest road, or the section of forest road, in respect of which it is erected is closed to all traffic or to a class of traffic;
traffic
means pedestrian or vehicular traffic.
(2)
The Forest Manager may close a forest road or any section of forest road either permanently or temporarily to all traffic, or to a class of traffic, if the Forest Manager considers that the closure is necessary or expedient
(a) for the purposes of discharging its responsibilities; or
(b) in the interests of safety.
(3)
The closure may be effected by means of
(a) a prescribed sign; or
(b) a prescribed sign in conjunction with an artificial barricade; or
(c) a prescribed sign in conjunction with an earthen barricade; or
(d) a prescribed sign in conjunction with a trench or by any combination of those means.
(4)
A person must not
(a) drive or use a vehicle on; or
(b) be on or otherwise use a forest road or a section of forest road that has been closed in accordance with this section or in contravention of the regulations. Penalty: Fine not exceeding 20 penalty units.
(5)
In any proceedings under
subsection (4) , a certificate purporting to be signed by a person authorised, in writing, by the Forest Manager and stating that, at a particular time, a forest road or a section of forest road was closed to all traffic, or to a class of traffic, and that the closure was effected in accordance with this section, is admissible as evidence that, at that particular time, the forest road or section of forest road was so closed.
24.
Conversion of forest roads to public roads
(1)
In this section
forest road
means a forest road that is made up of land that has the status of permanent timber production zone land under this Act.
(2)
The power that the Governor may exercise under
section 7 of the
Roads and Jetties Act 1935
, in respect of a road or any specified portion of a road within the meaning of that Act, may also, with the consent of the Forest Manager, be exercised in respect of a forest road or any specified portion of a forest road in all respects as if the forest road were a road within the meaning of that Act.
(3)
If, pursuant to
subsection (2) , the Governor by proclamation declares any forest road or any specified portion of a forest road to be a State highway or subsidiary road for the purposes of
Part II of the
Roads and Jetties Act 1935
, the land comprising that forest road or specified part of that forest road ceases, by virtue of the proclamation, to be permanent timber production zone land on the date on which the proclamation takes effect.
(4)
The power that a council may exercise under
section 12 of the
Local Government (Highways) Act 1982
in respect of a road, or other way within its municipal area that is not a highway, may also, with the consent of the Forest Manager, be exercised in respect of a forest road in all respects as if that forest road were a road or way within the meaning of that section of that Act.
(5)
If, pursuant to
subsection (4) , a council by resolution declares that a forest road within its municipal area is to become, as specified in the resolution, a highway maintainable by the council or a particular kind of highway so maintainable, the land comprising that forest road ceases, by virtue of the resolution, to be permanent timber production zone land on the date on which the resolution is published in the Gazette in accordance with
section 12(4) of the
Local Government (Highways) Act 1982
.
(6)
This section has effect notwithstanding any other enactment.
25.
Exemption of certain vehicles from laws specifying vehicle mass, weight or dimension limits
(1)
In this section
combination
has the same meaning as in the
Vehicle and Traffic Act 1999 ;
vehicle
has the same meaning as in the
Vehicle and Traffic Act 1999 .
(2)
Except as otherwise provided by the regulations, a law of Tasmania does not apply in respect of the use of a vehicle, or combination, on a forest road if the law would otherwise operate to prohibit or restrict the use on a forest road of a vehicle, or combination, that exceeds a certain mass, weight or dimension (whether inclusive or exclusive of its load).
26.
Easements over Crown land in permanent timber production zone land
(1)
The Forest Manager may, on behalf of the Crown, grant easements over Crown land in permanent timber production zone land for such purposes and upon such terms and conditions as the Forest Manager determines.
(2)
An easement granted under
subsection (1)
is registrable under the
Land Titles Act 1980 .
27.
Land Acquisition Act 1993 applies to Forestry corporation
The
Land Acquisition Act 1993
applies to the Forestry corporation and for that purpose the Forestry corporation is taken to be an acquiring authority under that Act.
28.
Alternative to prosecution for certain offences
(1)
If
(a) the Forest Manager is satisfied that a person has committed an offence involving a forest product but that in the circumstances the offence does not merit prosecution; and
(b) the person pays or agrees to pay the Forest Manager an amount not exceeding 3 times the commercial value of the forest product as reasonably determined by the Forest Manager the Forest Manager may accept such payment or agreement to pay and, if so, it must waive or, if applicable, discontinue the proceedings for the offence.
(2)
In a case to which
subsection (1)
applies, the Forest Manager may allow the person to take, remove or retain the whole or any part of the forest product.
(3)
If the whole or any part of an amount that a person has agreed to pay the Forest Manager under
subsection (1)
is not paid by such date or within such period as that person and the Forest Manager have agreed for the purpose, the Forest Manager may recover the unpaid amount as a debt due to the Forest Manager in a court of competent jurisdiction.
29.
Fire protection
(1)
A person who is engaged in any forest operations in an area of permanent timber production zone land must
(a) take reasonable measures to protect the area from fire; and
(b) promptly check and suppress any fire that may occur in the area.
Penalty: Fine not exceeding 20 penalty units.
(2)
Nothing in
subsection (1)
prohibits a person from carrying out reasonable and controlled burning-off operations with the written approval of the Forest Manager as part of any forest operations or for the purposes of land management or fire safety.
(3)
A person who is engaged in any forest operations in an area of permanent timber production zone land must, if requested to do so by a police officer or an employee of the Forest Manager, provide reasonable assistance to the Forest Manager in taking action to check and suppress any fire that is threatening, or likely to threaten, the area. Penalty: Fine not exceeding 20 penalty units.
(4)
The Forest Manager must reimburse a person for the reasonable costs incurred by that person in complying with a request under
subsection (3) .
30.
Person may not make certain claims
No person
(a) has any claim against the Crown or the Forest Manager including, without limitation, a claim for breach of confidence; or
(b) is entitled to claim that the Forest Manager has breached any contract; or
(c) is entitled to terminate a contract or claim any other remedy arising out of anything that the Forest Manager is required to do under
section 58 of the
Government Business Enterprises Act 1995
.
31.
Vicarious liability
(1)
In this section
employee
includes a contractor, whether independent or otherwise.
(2)
If an offence against this Act is committed by an agent or employee, the principal or employer is also guilty of an offence and liable to the same penalty as is provided for the first-mentioned offence unless it is proved that the principal or employer could not by the exercise of reasonable diligence have prevented the agent or employee from committing the offence.
32.
Transfer of assets, &c.
(1)
The Treasurer may, by notice of transfer published in the Gazette , transfer any assets, rights or liabilities of the Forestry corporation to another person or body.
(2)
Section 10A(1) ,
(3)
and
(4)
and
Schedule 1A of the
Government Business Enterprises Act 1995
apply to the transfer referred to in
subsection (1)
as if references to the transferor were references to the Forestry corporation and references to the transferee were references to the person or body referred to in
subsection (1) .
33.
Recognition of service with Forestry corporation
(1)
In this section
continuous employment
has the same meaning as in the
Long Service Leave Act 1976
or the
Long Service Leave (State Employees) Act 1994 , as the case may be.
(2)
If a person who is employed by the Forestry corporation resigns after the commencement of this Act and is appointed under the
State Service Act 2000
to a position in the responsible Department in relation to the
National Parks and Reserves Management Act 2002 , that person's period of service with the Forestry corporation is taken to be continuous employment with the State Service
(a) for the purposes of calculating the long service leave which that person will be entitled to, or eligible for, under the
Long Service Leave (State Employees) Act 1994 ; and
(b) for the purposes of calculating any redundancy payment if the employee is made redundant from the State Service.
(3)
If the
Long Service Leave Act 1976
applies to a person referred to in
subsection (2) , that person may elect in writing, on the day on which that person gives notice of his or her resignation, to not be paid in accordance with
section 12(4)
of that Act.
(4)
If the
Long Service Leave (State Employees) Act 1994
applies to a person referred to in
subsection (2) , that person may elect in writing, on the day on which that person gives notice of his or her resignation, to not be paid the allowance specified in
section 20(2)
of that Act.
(5)
On appointment under the
State Service Act 2000 , a person referred to in
subsection (2)
is entitled, subject to
subsection (11) , to the amount of long service leave that the person would have been entitled to, or been eligible for, on that person's date of resignation if
(a) the person had not resigned from the Forestry corporation; and
(b) the person has not received any payment in respect of that long service leave.
(6)
For the purposes of calculating the long service leave entitlement under the
Long Service Leave (State Employees) Act 1994
of a person referred to in
subsection (2) , the amount of long service leave to which that person is entitled is to be no more than the combined amount of
(a) the long service leave under
subsection (5) ; and
(b) the amount of long service leave to which that person is entitled under the
Long Service Leave (State Employees) Act 1994
on and from the date on which that person is appointed under the
State Service Act 2000
but excluding that person's period of service with the Forestry corporation.
(7)
On appointment under the
State Service Act 2000 , a person referred to in
subsection (2) , who is not entitled to long service leave in accordance with
section 8(2)(a)(i) of the
Long Service Leave Act 1976
, is entitled to long service leave if the combined period of continuous employment with the Forestry corporation and continuous employment in the State Service is 10 years.
(8)
For the purposes of calculating the long service leave entitlement of a person referred to in
subsection (7) , the amount of long service leave to which that person is entitled is to be no more than the combined amount of
(a) 0.866 weeks of long service leave for each year of continuous employment with the Forestry corporation; and
(b) 6.5 days of long service leave for each year of continuous employment in the State Service.
(9)
On appointment under the
State Service Act 2000 , a person referred to in
subsection (2) , who is not entitled to long service leave in accordance with
section 8(2)(a)(ii) of the
Long Service Leave Act 1976
, is entitled to long service leave for the period of that persons continuous employment with the Forestry corporation.
(10)
Subject to
subsection (11) , for the purposes of calculating the long service leave entitlement of a person referred to in
subsection (9) , the amount of long service leave to which that person is entitled is to be no more than the amount of 0.866 weeks of long service leave for each year of continuous employment with the Forestry corporation.
(11)
If a person referred to in
subsection (2)
has taken or exhausted the long service leave to which that person is entitled as a result of his or her employment with the Forestry corporation, the amount of long service leave taken or exhausted by that person is to be deducted from any amount of long service leave to which the person is, or becomes, entitled, or for which that person is, or becomes, eligible, on or after that person's appointment under the
State Service Act 2000 .
(12)
Subsections (2) ,
(5) ,
(7)
and
(9)
do not apply if the period from the date of the person's resignation from the Forestry corporation to the date of commencement of the person's appointment under the
State Service Act 2000
exceeds 3 months.
(13)
Subsection (5)
does not apply to a person referred to in
subsection (2)
if that person has received payment in respect of his or her full entitlement to long service leave accrued in respect of his or her employment with the Forestry corporation.
34.
Superannuation entitlements not affected
(1)
Nothing in this Act affects the superannuation entitlements of a person referred to in
section 33(2)
that were in existence immediately before the date on which that person resigned from his or her employment with the Forestry corporation.
(2)
Subsection (1)
does not apply if the period from the date of the person's resignation from the Forestry corporation to the date of commencement of the person's appointment under the
State Service Act 2000
exceeds 3 months.
35.
Regulations
(1)
The Governor may make regulations for the purposes of this Act.
(2)
Without limiting the generality of
subsection (1) , the regulations may prescribe the day on which
sections 33
and
34
cease to have effect.
(3)
The regulations may
(a) be of general or limited application; and
(b) apply differently according to specified matters, limitations or restrictions, whether as to time, location, circumstance or otherwise; and
(c) authorise any matter to be determined, applied or regulated by the Forest Manager or by a person or class of persons authorised by the Forest Manager.
(4)
The regulations may
(a) provide that a contravention of, or a failure to comply with, any of the regulations is an offence; and
(b) in respect of such an offence, provide for the imposition of a fine not exceeding 20 penalty units and, in the case of a continuing offence, a further fine not exceeding 2 penalty units for each day during which the offence continues.
36.
Administration of Act
Until provision is made in relation to this Act by order under
section 4 of the
Administrative Arrangements Act 1990
(a) the administration of this Act is assigned to the Minister for Energy and Resources; and
(b) the department responsible to that Minister in relation to the administration of this Act is the Department of Infrastructure, Energy and Resources.
37.
Savings and transitional provisions relating to continuation of Forestry corporation
Schedule 1
has effect.
38.
Savings and transitional provisions relating to State forest becoming permanent timber production zone land
Schedule 2
has effect.
39.
Certain forest reserves declared to be reserved land under
Nature Conservation Act 2002
Schedule 3
has effect.
40.
Legislation repealed
The legislation specified in
Schedule 4
is repealed.
SCHEDULE 1 - Savings and Transitional Provisions Relating to Continuation of Forestry Corporation
Section 37
1.
Interpretation
In this Schedule
commencement day
means the day on which this Act commences.
2.
Transfer of property
For the avoidance of doubt, any estate or interest in land or other property and all rights, obligations and liabilities of the Forestry corporation that are subsisting immediately before the commencement day are, on that day, taken to vest in the Forestry corporation continued under this Act.
3.
Acts, &c., done by or to Forestry corporation
For the avoidance of doubt, all acts, matters and things done or omitted to be done by, or done or suffered in relation to, the Forestry corporation before the commencement day have, on and after that day, the same force and effect as if they had been done or omitted to be done by, or done or suffered in relation to, the Forestry corporation continued under this Act.
4.
Continuation of proceedings
For the avoidance of doubt, all legal or other proceedings that might, before the commencement day, have been continued or instituted by or against the Forestry corporation may, on and after that day, be continued or instituted by or against the Forestry corporation continued under this Act.
5.
Contracts, agreements, &c.
(1)
For the avoidance of doubt, any contract, agreement, arrangement or undertaking entered into by the Forestry corporation in relation to land other than land referred to in
Schedule 3
is, if not executed, discharged or otherwise terminated by the commencement day, taken to be a contract, agreement, arrangement or undertaking entered into with the Forestry corporation continued under this Act.
(2)
Subclause (1)
does not apply to any contract, agreement, arrangement or undertaking referred to in
clause 4
of
Schedule 3 .
6.
Leases, licence, &c.
(1)
For the avoidance of doubt, any lease, licence, permit, easement or other authority granted by the Forestry corporation is, if not surrendered, released, discharged or otherwise terminated by the commencement day, taken to be a lease, licence, permit, easement or other authority granted by the Forestry corporation continued under this Act.
(2)
Subclause (1)
does not apply to any lease, licence, permit, easement or other authority referred to in
clause 3
of
Schedule 3 .
7.
Chief executive officer
The person holding office as chief executive officer under the repealed Act immediately before the commencement day continues to hold that office on and after that day on the same terms and conditions applicable to that office immediately before the commencement day.
8.
Forestry rights
For the avoidance of doubt, any forestry right, within the meaning of
section 22A
of the repealed Act, in existence under that Act immediately before the commencement day continues in existence on and from that day.
9.
Employees
A person employed by the Forestry corporation immediately before the commencement day continues to be employed on and after that day by the Forestry corporation continued under this Act, on the same terms and conditions applicable to the position held by that person immediately before the commencement day.
10.
Timber classification officers
A person holding office as a timber classification officer immediately before the commencement day is taken to have been appointed as a timber classification officer under this Act on the same terms applicable to that office immediately before the commencement day.
11.
Joint ventures
(1)
An arrangement entered into under
section 24
of the repealed Act and in force immediately before the commencement day continues in force on and after that day, as if it had been made by the Forestry corporation continued under this Act, on the same terms and conditions that related to that arrangement immediately before the commencement day.
(2)
Notwithstanding
subclause (1) , an arrangement referred to in that subclause may not be extended for any period after the term specified in the agreement relating to the arrangement except with the written approval of the Minister and the Treasurer.
12.
Sign
Any signs erected under
section 25
of the repealed Act are taken to have been erected under
section 21
of this Act.
13.
Closed forest roads
Any forest road closed under
section 26
of the repealed Act is taken to have been closed under
section 23
of this Act.
SCHEDULE 2 - Savings and Transitional Provisions Relating to State Forest Becoming Permanent Timber Production Zone Land
Section 38
1.
Certain State forest becomes permanent timber production zone land
(1)
Except as provided in
subclause (2) , land that was State forest under the repealed Act immediately before the commencement of this Act, but was not dedicated as a forest reserve under the repealed Act, becomes permanent timber production zone land under this Act.
(2)
Land that was State forest under the repealed Act immediately before the commencement of this Act and was dedicated as a forest reserve, under the repealed Act, specified in column 1, and indicated by heavy black lines in the relevant CPR Plan listed in column 2, comprising the area specified in column 3, of the table set out at the end of this Schedule, becomes permanent timber production zone land.
Column 1
Forest reserve name
Column 2
CPR Plan
Column 3
Area (ha)
Brookerana Forest Reserve (part)
9642
30
Dalgarth Forest Reserve
2274
17
Griffin Forest Reserve
3933
17
Hollybank Forest Reserve
2272
135
Hopetoun Forest Reserve
2296
20
Jean Brook Forest Reserve
2278
12
Lawrence Rivulet Forest Reserve
4369
14
Oldina Forest Reserve
2273
11
Springfield Forest Reserve
3935
34
Tahune Forest Reserve
2270
103
Upper Natone Forest Reserve
2275
3
Wes Beckett Forest Reserve
2289
29
SCHEDULE 3 - Certain forest reserves declared to be reserved land under
Nature Conservation Act 2002
Section 39
1.
Interpretation
In column 4 of the table set out at the end of this Schedule
CA
means a conservation area within the meaning of the
Nature Conservation Act 2002 ;
RR
means a regional reserve within the meaning of the
Nature Conservation Act 2002 .
2.
Certain forest reserves declared to be reserved land under
Nature Conservation Act 2002
(1)
Land that was State forest under the repealed Act immediately before the commencement of this Act and was dedicated as a forest reserve, under the repealed Act, specified in column 1 in the table set out at the end of this Schedule, and indicated by heavy black lines in the relevant CPR Plan listed in column 2 of that table, comprising the area specified in column 3 of that table
(a) ceases to be dedicated as a forest reserve; and
(b) ceases to be dedicated as State forest; and
(c) is declared to be reserved land in the class of regional reserve or conservation area, within the meaning of the
Nature Conservation Act 2002 , as specified in column 4 of that table and is taken to have been so declared under
section 11 of the
Nature Conservation Act 2002
.
(2)
Land declared as reserved land under
subclause (1)(c)
is given the name listed in column 5 of the table set out at the end of this Schedule and is taken to have been so named under
section 19 of the
Nature Conservation Act 2002
.
3.
Continuation of leases and licences, &c., in relation to land referred to in this Schedule
(1)
Any lease, licence, permit, easement or other authority in existence and entered into before the commencement of this Act in relation to land specified in column 1 of the table set out at the end of this Schedule, and identified by the CPR Plan listed in column 2 of that table, remains in force until it expires or is surrendered, released, discharged or terminated.
(2)
Any lease, licence, permit, easement or other authority referred to in
subclause (1)
is to be administered by the responsible Department in relation to the
National Parks and Reserves Management Act 2002 .
(3)
Any lease, licence or temporary licence granted by the
Crown Lands Act 1976 , and in existence immediately before the commencement of this Act, continues to have effect as if this Act had not been enacted.
(4)
Any contract for the sale of Crown land entered into by the Minister under the
Crown Lands Act 1976
and not discharged or otherwise terminated before the commencement of this Act continues to have effect as if this Act had not been enacted.
4.
Continuation of contracts, agreements, &c.
(1)
Any contract, agreement, arrangement or undertaking entered into by the Forestry corporation, and in existence immediately before the commencement of this Act, in relation to land specified in column 1 of the table set out at the end of this Schedule, and identified in the CPR Plan listed in column 2 of that table, remains in force until it expires or is surrendered, released, discharged or terminated.
(2)
Any contract, agreement, arrangement or undertaking referred to in
subclause (1)
is taken to have been entered into with the Crown.
5.
Continuation of management plans
A management plan under the
National Parks and Reserves Management Act 2002
in existence immediately before the commencement of this Act in relation to any land referred to in
clause 2
continues as if it were a management plan for a class of reserve under the
Nature Conservation Act 2002 .
6.
Mineral Resources Development Act 1995
applies
The
Mineral Resources Development Act 1995
does not apply to the surface, or within 15 metres below the surface, of any land identified with the word "No" in column 6 of the table set out at the end of this Schedule.
[Schedule 3 Amended by No. 44 of 2017, s. 50, Applied:21 Nov 2017]
[Schedule 3 Amended by No. 44 of 2017, s. 50, Applied:21 Nov 2017]
[Schedule 3 Amended by No. 44 of 2017, s. 50, Applied:21 Nov 2017]
Column 1
Column 2
Column 3
Column 4
Column 5
Column 6
Forest reserve name
CPR Plan
Area (ha)
NCA reserve class
Reserve name
MRDA applies
Alma Tier Forest Reserve
5096
287
CA
Alma Tier Conservation Area
Andersons Creek Forest Reserve
4391
317
RR
Andersons Creek Regional Reserve
Apslawn Forest Reserve
4432
2,866
RR
Apslawn Regional Reserve
Arm River Forest Reserve
2302
127
RR
Arm River Regional Reserve
Arthur River Forest Reserve
4376, 6870
3,678
RR
Arthur River Regional Reserve
Arve Loop Forest Reserve
4363
944
CA
Arve Loop Conservation Area
Avenue River Forest Reserve
4433
4,306
RR
Avenue River Regional Reserve
Badger River Forest Reserve
2906
316
RR
Badger River Regional Reserve
Balfour Track Forest Reserve
4055
322
RR
Balfour Track Regional Reserve
Bells Marsh Forest Reserve
4434
441
RR
Bells Marsh Regional Reserve
Big Sassy Creek Forest Reserve
2916
189
CA
Big Sassy Creek Conservation Area
Big Tree Forest Reserve
7198
112
CA
Big Tree Conservation Area
Black Creek Forest Reserve
2893
311
RR
Black Creek Regional Reserve
Black Jack Hill Forest Reserve
2879
662
RR
Black Jack Hill Regional Reserve
Blue Tier Forest Reserve
4435, 6872
5,305
RR
Blue Tier Regional Reserve
Boco Creek Forest Reserve
4377
923
RR
Boco Creek Regional Reserve
Bond Tier Forest Reserve
2877
1,814
RR
Bond Tier Regional Reserve
Bonneys Tier Forest Reserve
2932
363
RR
Bonneys Tier Regional Reserve
Borradaile Forest Reserve
2924
255
RR
Borradaile Regional Reserve
Boyd Forest Reserve
2298
10
CA
Boyd Conservation Area
Break O'Day Forest Reserve
4436
331
RR
Break O'Day Regional Reserve
Bridgenorth Forest Reserve
4392
41
CA
Bridgenorth Conservation Area
Brookerana Forest Reserve (part)
9643
28
CA
Brookerana Conservation Area
No
Brown Mountain Forest Reserve
2919
654
CA
Brown Mountain Conservation Area
Brushy Rivulet Forest Reserve
2909
593
CA
Brushy Rivulet Conservation Area
Burns Peak Forest Reserve
4378
952
RR
Burns Peak Regional Reserve
Buxton River Forest Reserve
4438
3,616
CA
Buxton River Conservation Area
Caroline Creek Forest Reserve
2894
212
RR
Caroline Creek Regional Reserve
Christmas Hills Forest Reserve
2937
344
CA
Christmas Hills Conservation Area
Coppermine Creek Forest Reserve
2931
685
RR
Coppermine Creek Regional Reserve
Crayfish Creek Forest Reserve
4399
313
RR
Crayfish Creek Regional Reserve
Cygnet River Forest Reserve
4663
4,311
RR
Cygnet River Regional Reserve
Deep Gully Forest Reserve
4379, 6874
3,397
RR
Deep Gully Regional Reserve
Den Hill Forest Reserve
2925
947
CA
Den Hill Conservation Area
Den Ranges Forest Reserve
4407
404
RR
Den Ranges Regional Reserve
Denison Ridge Forest Reserve
2929
148
CA
Denison Ridge Conservation Area
Derby Forest Reserve
4408
200
RR
Derby Regional Reserve
Dial Range Forest Reserve
4380
2,522
RR
Dial Range Regional Reserve
Dickies Ridge Forest Reserve
4437
621
RR
Dickies Ridge Regional Reserve
Dip Falls Forest Reserve
1350
34
RR
Dip Falls Regional Reserve
No
Dip River Forest Reserve
2933
2,746
RR
Dip River Regional Reserve
Dismal Range Forest Reserve
4409
199
CA
Dismal Range Conservation Area
Dismal Swamp Forest Reserve
5095
310
RR
Dismal Swamp Regional Reserve
Doctors Peak Forest Reserve
2881
3,038
RR
Doctors Peak Regional Reserve
Dogs Head Hill Forest Reserve
4393
1,508
RR
Dogs Head Hill Regional Reserve
Dove River Forest Reserve
4394
2,415
RR
Dove River Regional Reserve
Drys Bluff Forest Reserve
2291
691
CA
Drys Bluff Conservation Area
No
Duck River Forest Reserve
2895
464
RR
Duck River Regional Reserve
Eastern Tiers Forest Reserve
4439, 6876
4,917
CA
Eastern Tiers Conservation Area
Emu Ground Forest Reserve
3574
919
RR
Emu Ground Regional Reserve
Emu River Forest Reserve
4381
584
RR
Emu River Regional Reserve
Esperance River Forest Reserve
2305
149
CA
Esperance River Conservation Area
Evercreech Forest Reserve
2276
52
RR
Evercreech Regional Reserve
Fisher Tier Forest Reserve
4410
269
CA
Fisher Tier Conservation Area
Fletchers Hill West Forest Reserve
2951
57
CA
Fletchers Hill West Conservation Area
Flowerdale River Forest Reserve
4382
292
RR
Flowerdale River Regional Reserve
Fords Pinnacle Forest Reserve
2952
95
RR
Fords Pinnacle Regional Reserve
Franklin Rivulet Forest Reserve
2954
321
CA
Franklin Rivulet Conservation Area
Frome Forest Reserve
4411
930
RR
Frome Regional Reserve
German Town Forest Reserve
4440
935
RR
German Town Regional Reserve
Hardings Falls Forest Reserve
4441, 6878
1,938
RR
Hardings Falls Regional Reserve
Hatfield River Forest Reserve
4383, 6879
1,518
RR
Hatfield River Regional Reserve
Henty Forest Reserve
2907
105
RR
Henty Regional Reserve
Huntsmans Cap Forest Reserve
4442
216
RR
Huntsmans Cap Regional Reserve
Huskisson River Forest Reserve
4384
690
RR
Huskisson River Regional Reserve
Jackeys Creek Forest Reserve
2940
213
CA
Jackeys Creek Conservation Area
John Lynch Forest Reserve
4386, 6880
7,231
RR
John Lynch Regional Reserve
Joy Creek Forest Reserve
4412
233
RR
Joy Creek Regional Reserve
Julius River Forest Reserve
2281
84
RR
Julius River Regional Reserve
Kenmere Creek Forest Reserve
2945
232
CA
Kenmere Creek Conservation Area
Kohls Falls Forest Reserve
4413
145
RR
Kohls Falls Regional Reserve
Lady Binney Forest Reserve
4367
379
RR
Lady Binney Regional Reserve
Lady Nelson Forest Reserve
4414
156
RR
Lady Nelson Regional Reserve
Lake Binney Forest Reserve
4368
461
CA
Lake Binney Conservation Area
Lake Chisholm Forest Reserve
2629
175
RR
Lake Chisholm Regional Reserve
Lake Pieman Forest Reserve
5094
1,008
RR
Lake Pieman Regional Reserve
Lanes Tier Forest Reserve
2948
221
CA
Lanes Tier Conservation Area
Laurel Creek Forest Reserve
4385
1,115
RR
Laurel Creek Regional Reserve
Lefroy Forest Reserve
4415
3,584
RR
Lefroy Regional Reserve
Liffey Forest Reserve
2133
1,056
CA
Liffey Conservation Area
No
Lizard Hill Forest Reserve
2934
94
RR
Lizard Hill Regional Reserve
Lobster Rivulet Forest Reserve
2897
130
RR
Lobster Rivulet Regional Reserve
Long Hill Forest Reserve
4395
558
CA
Long Hill Conservation Area
Long Ridge Forest Reserve
2899
169
RR
Long Ridge Regional Reserve
Lost Falls Forest Reserve
2286
486
CA
Lost Falls Conservation Area
No
Lovells Creek Forest Reserve
2876
553
RR
Lovells Creek Regional Reserve
Lower Marsh Creek Forest Reserve
6688
1,091
RR
Lower Marsh Creek Regional Reserve
Luncheon Hill Forest Reserve
4400
1,031
RR
Luncheon Hill Regional Reserve
Lutregala Creek Forest Reserve
2957
109
RR
Lutregala Creek Regional Reserve
Mackintosh Forest Reserve
4388
1,029
RR
Mackintosh Regional Reserve
MacLaines Creek Forest Reserve
5123
429
CA
MacLaines Creek Conservation Area
No
Maggs Mountain Forest Reserve
3579
1,112
RR
Maggs Mountain Regional Reserve
Martins Hill Forest Reserve
3707
1,186
RR
Martins Hill Regional Reserve
Mathinna Falls Forest Reserve
2292, 2902
447
RR
Mathinna Falls Regional Reserve
No
Meander Forest Reserve
2132
1,664
CA
Meander Conservation Area
No
Meetus Falls Forest Reserve
2290
191
CA
Meetus Falls Conservation Area
No
Mersey River Forest Reserve
4396
633
CA
Mersey River Conservation Area
Mersey White Water Forest Reserve
2284
241
RR
Mersey White Water Regional Reserve
Midday Hill Forest Reserve
4416
310
CA
Midday Hill Conservation Area
Milkshake Hills Forest Reserve
2271
279
RR
Milkshake Hills Regional Reserve
Millers Bluff Forest Reserve
2941
670
CA
Millers Bluff Conservation Area
Montagu River Forest Reserve
4401
1,014
RR
Montagu River Regional Reserve
Montagu Swamp Forest Reserve
4402
1,582
RR
Montagu Swamp Regional Reserve
Mount Arthur Forest Reserve
4418
881
RR
Mount Arthur Regional Reserve
Mount Bruny Forest Reserve
4364
1,353
CA
Mount Bruny Conservation Area
Mount Careless Forest Reserve
4397
689
RR
Mount Careless Regional Reserve
Mount Dromedary Forest Reserve
4370
859
CA
Mount Dromedary Conservation Area
Mount Horror Forest Reserve
6690
1,116
RR
Mount Horror Regional Reserve
Mount Kershaw Forest Reserve
4387
259
RR
Mount Kershaw Regional Reserve
Mount Mangana Forest Reserve
2927
855
CA
Mount Mangana Conservation Area
Mount Maurice Forest Reserve
4423, 6881
6,744
RR
Mount Maurice Regional Reserve
Mount Midway Forest Reserve
2930
463
CA
Mount Midway Conservation Area
Mount Morrison Forest Reserve
4371
747
CA
Mount Morrison Conservation Area
Mount Ponsonby Forest Reserve
2921
462
CA
Mount Ponsonby Conservation Area
Mount Puzzler Forest Reserve
4057
404
RR
Mount Puzzler Regional Reserve
Mount Stronach Forest Reserve
4417
1,026
RR
Mount Stronach Regional Reserve
Mount Thunderbolt Forest Reserve
2922
317
CA
Mount Thunderbolt Conservation Area
Mount Victoria Forest Reserve
4424
8,269
RR
Mount Victoria Regional Reserve
Mount Wedge Forest Reserve
4056
11
CA
Mount Wedge Conservation Area
Nicholas Range Forest Reserve
4444
809
RR
Nicholas Range Regional Reserve
North Esk Forest Reserve
4420
621
RR
North Esk Regional Reserve
North Scottsdale Forest Reserve
6689
4,087
RR
North Scottsdale Regional Reserve
North Styx Forest Reserve
6883
4,224
CA
North Styx Conservation Area
Nunamara Forest Reserve
4422
287
RR
Nunamara Regional Reserve
Old Park Forest Reserve
4389
1,587
RR
Old Park Regional Reserve
Ouse River Forest Reserve
2926
363
CA
Ouse River Conservation Area
Oxberry Plains Forest Reserve
4426
324
RR
Oxberry Plains Regional Reserve
Paradise Plains Forest Reserve
4425
439
RR
Paradise Plains Regional Reserve
Parangana Sugarloaf Forest Reserve
2911
279
RR
Parangana Sugarloaf Regional Reserve
Peaked Hill Forest Reserve
2912
234
RR
Peaked Hill Regional Reserve
Pepper Hill Forest Reserve
4445
432
RR
Pepper Hill Regional Reserve
Pipers River Forest Reserve
2903
195
RR
Pipers River Regional Reserve
Plains Creek Forest Reserve
4403
861
CA
Plains Creek Conservation Area
Porcupine Hill Forest Reserve
2953
207
RR
Porcupine Hill Regional Reserve
Promised Land Forest Reserve
2892
124
RR
Promised Land Regional Reserve
Prossers Forest Reserve
2884
1,122
RR
Prossers Regional Reserve
Pruana Forest Reserve
2935
3,032
RR
Pruana Regional Reserve
Quamby Bluff Forest Reserve
2611
945
CA
Quamby Bluff Conservation Area
Rayners Hill Forest Reserve
4427
331
RR
Rayners Hill Regional Reserve
Rebecca Creek Forest Reserve
2949
345
CA
Rebecca Creek Conservation Area
Reedy Marsh Forest Reserve
4398
3,870
CA
Reedy Marsh Conservation Area
Remarkable Rock Forest Reserve
2947
391
CA
Remarkable Rock Conservation Area
Rimons Hill Forest Reserve
4365
391
CA
Rimons Hill Conservation Area
Ringarooma River Forest Reserve
4428
291
RR
Ringarooma River Regional Reserve
River Hill Forest Reserve
4429
343
CA
River Hill Conservation Area
Roaring Magg Hill Forest Reserve
2914
115
RR
Roaring Magg Hill Regional Reserve
Royal George Forest Reserve
4446
768
RR
Royal George Regional Reserve
Sand River Forest Reserve
5097
79
CA
Sand River Conservation Area
No
Sandspit River Forest Reserve
2310
232
CA
Sandspit River Conservation Area
No
Savage River Pipeline Forest Reserve
6886
31,025
RR
Savage River Pipeline Regional Reserve
Sawmill Creek Forest Reserve
4390
873
RR
Sawmill Creek Regional Reserve
Sawpit Ridge Forest Reserve
2943
1,694
RR
Sawpit Ridge Regional Reserve
Scamander Forest Reserve
3934
209
RR
Scamander Regional Reserve
Shakespeare Hills Forest Reserve
4404
2,157
RR
Shakespeare Hills Regional Reserve
Shingle Hill Forest Reserve
5098
70
CA
Shingle Hill Conservation Area
No
Snaky Creek Forest Reserve
6882
1,272
CA
Snaky Creek Conservation Area
Snow Hill Forest Reserve
2944
1,324
RR
Snow Hill Regional Reserve
Snowy River Forest Reserve
2904
90
RR
Snowy River Regional Reserve
South Esk Forest Reserve
4430, 6887
1,334
RR
South Esk Regional Reserve
South Weld Forest Reserve
2287
47
RR
South Weld Regional Reserve
Spinning Gum Forest Reserve
2923
3
CA
Spinning Gum Conservation Area
Staverton Forest Reserve
2891
109
RR
Staverton Regional Reserve
Stringybark Forest Reserve
4056
33
CA
Stringybark Conservation Area
Styx Tall Trees Forest Reserve
6888
337
CA
Styx Tall Trees Conservation Area
Sumac Forest Reserve
2890
9,860
RR
Sumac Regional Reserve
Swan River Forest Reserve
4662
3,155
RR
Swan River Regional Reserve
Tanina Bluff Forest Reserve
4372
246
CA
Tanina Bluff Conservation Area
Tarraleah Forest Reserve
4373
620
CA
Tarraleah Conservation Area
Teds Flat Forest Reserve
4447
249
RR
Teds Flat Regional Reserve
Teepookana Forest Reserve
2309
615
RR
Teepookana Regional Reserve
Tippogoree Hills Forest Reserve
3104
903
CA
Tippogoree Hills Conservation Area
Tombstone Creek Forest Reserve
4431
486
RR
Tombstone Creek Regional Reserve
Tooms Lake Forest Reserve
4448, 6889
3,601
CA
Tooms Lake Conservation Area
Trowutta Forest Reserve
4405, 6890
2,859
RR
Trowutta Regional Reserve
Tungatinah Forest Reserve
4374
176
CA
Tungatinah Conservation Area
Virginstow Forest Reserve
2915
453
CA
Virginstow Conservation Area
Waratah Creek Forest Reserve
6873
520
RR
Waratah Creek Regional Reserve
Warra Creek Forest Reserve
2878
572
RR
Warra Creek Regional Reserve
Warrawee Forest Reserve
2939, 9639
227
CA
Warrawee Conservation Area
No
Wayatinah Forest Reserve
4375
495
CA
Wayatinah Conservation Area
Weavers Creek Forest Reserve
2885
776
RR
Weavers Creek Regional Reserve
Welcome Swamp Forest Reserve
4406
163
RR
Welcome Swamp Regional Reserve
Wentworth Creek Forest Reserve
3635
250
CA
Wentworth Creek Conservation Area
Wielangta Forest Reserve
6891
846
CA
Wielangta Conservation Area
No
Wild Bee Forest Reserve
4366
529
CA
Wild Bee Conservation Area
Winterbrook Falls Forest Reserve
2955
555
RR
Winterbrook Falls Regional Reserve
Yellow Bluff Creek Forest Reserve
2918
479
CA
Yellow Bluff Creek Conservation Area
SCHEDULE 4 - Legislation repealed
Section 40
Notice under section 20B of the Forestry Act 1920
(No. 48 of 1989)
Notice under section 20B of the Forestry Act 1920
(No. 49 of 1989)
Forestry Act 1920
(No. 60 of 1920)
Notice under section 20B of the Forestry Act 1920
(No. 203 of 1989)
Forestry Amendment (Miscellaneous) Act 1999
(No. 30 of 1999)
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