New South Wales Consolidated Acts
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FORESTRY ACT 2012
- As at 30 October 2023
- Act 96 of 2012
TABLE OF PROVISIONS
Long Title
PART 1 - PRELIMINARY
1. Name of Act
2. Commencement
3. Definitions
4. Meaning of "plantation"
PART 2 - FORESTRY CORPORATION
Division 1 - Constitution and management of Forestry Corporation
5. Establishment of Forestry Corporation
6. Board of directors
7. Chief executive officer
8. Acting chief executive officer
9. Application of SOC Act
Division 2 - Objectives and functions of Forestry Corporation
10. Objectives of Forestry Corporation
11. Functions of Forestry Corporation
12. Ownership of trees in State forest plantations
PART 3 - STATE FORESTS AND FLORA RESERVES
Division 1 - Dedication of Crown land
13. Classification of Crown land for State forest purposes
14. Dedication of land as State forest
15. Revocation of dedication of land as State forest
16. Flora reserves
17. Review of dedicated State forests
Division 2 - Special management zones
18. Declaration of special management zones
19. Prohibition of forestry operations in special management zones
20. Revocation of special management zones
Division 3 - Management plans and working plans
21. Management plans for State forests
22. Management plans to be consistent with integrated forestry operations approvals
23. Procedures for preparing and adopting management plans
24. Review of management plans
25. Working plans for flora reserves
Division 4 - Acquisition and sale of land
26. Acquisition of land for State forest purposes
27. Acquisition of land dedicated as State forest
28. Acquisition of land for future lease grant or dealing
29. Sale of certain land
30. Application of Public Works Act 1912
Division 5 - Miscellaneous
31. Exchange of land dedicated as State forest
32. Revocation of dedication of land as State forest in certain circumstances
33. Leases within State forests and flora reserves
34. Easements and rights of way
35. Land subject to mining law
36. Effect of dedication etc on existing leases and licences
37. Declaration of access roads
PART 4 - TAKING OF TIMBER, FOREST PRODUCTS AND FOREST MATERIALS
Division 1 - General offence
38. Unlawful taking of timber etc
Division 2 - Licensing scheme
39. General provisions relating to licences
40. Timber licences
41. Forest products licences
42. Forest materials licences
43. Clearing licences
44. Restrictions on issuing licences
45. Small quantity authorisations
46. Suspension and revocation of licences and small quantity authorisations
47. Delegation of certain functions
Division 3 - Payment of resource acquisition fee
48. Definitions
49. Resource acquisition fee for taking timber, forest products or forest materials
50. Limitation on resource acquisition fee
51. Amount of resource acquisition fee
52. Payments to certain timber organisations
53. Apportionment of resource acquisition fee--prescribed land
54. Resource acquisition fee payments by Forestry Corporation
55. Liability for resource acquisition fee if timber etc taken without licence
56. Deductions for construction of works
PART 5 - USE OF FORESTRY AREAS FOR NON-FORESTRY PURPOSES
Division 1 - Land managers
57. Land manager of forestry areas
58. Functions of land manager confined to non-forestry uses
59. Objectives of land manager of forestry area
Division 2 - Forest permits and leases
60. Forest permits for non-forestry uses
61. Ancillary provisions relating to forest permits
62. Forest leases
63. Suspension and revocation of forest permits and leases
Division 3 - Provision of services and facilities for non-forestry purposes
64. Agreement to provide services and facilities
65. Direction to provide services and facilities
66. Re-assessment of costs of compliance with direction
Division 4 - Miscellaneous
67. Unauthorised use of forestry areas
68. Offences relating to hunting and using firearms or other weapons
68A. Recovery by land manager of fees or other amounts
69. Removal of unauthorised structures
PART 5A - FOREST AGREEMENTS
69A. Making of agreements
69B. Requirement for NRC forest assessment before agreement made
69C. Contents of agreement
69D. Public consultation on making agreement
69E. Amendment or termination of agreement
69F. Public consultation on amendment or revocation of agreement
69G. Review of agreements and related integrated forestry operations approvals
69H. Annual Parliamentary reports and tabling of documents by Minister
69I. Public notice and public availability of agreements, assessments, assessment documents, approvals and reports
69J. Committees of advice--forest landscape management
PART 5B - INTEGRATED FORESTRY OPERATIONS APPROVALS
Division 1 - Preliminary
69K. Forestry operations to which Part applies
69L. Purpose of integrated forestry operations approvals
Division 2 - Approvals generally
69M. Granting of approvals
69N. Approvals to be granted jointly by relevant Ministers
69NA. Public consultation on proposed approvals
69O. (Repealed)
69P. Terms of approval
69Q. Duration of approval
69R. Revocation, suspension or amendment of approval
69RA. Public consultation on proposed amendment or revocation of approval
69S. (Repealed)
Division 2A - Enforcement and other provisions
69SA. Offence of contravening requirements of approval
69SB. Enforcement functions of EPA
69SC. Enforcement cost recovery
Division 3 - (Repealed)
None
Division 4 - Application of other legislation
69W. Application of Environmental Planning and Assessment Act 1979
69X. Application of Biodiversity Conservation Act 2016--interim protection orders
69Y. Application of Local Government Act orders
69Z. Application of wilderness legislation
69ZA. Application of statutory provisions relating to proceedings by third parties
PART 5C - (Repealed)
None
PART 6 - INVESTIGATIONS AND ENFORCEMENT POWERS
Division 1 - Appointment of authorised officers
70. Appointment of authorised officers
71. Police officers to be authorised officers
72. Identification card
Division 2 - Powers of authorised officers
73. Definitions
74. Purposes for which powers under Division may be exercised
75. Power to enter premises
76. Search warrants
77. Powers to search premises and seize things
78. Power to detain and search vehicles or vessels
79. Dealing with seized things
80. Requirement to provide information and records
81. Requirement to state name and address
82. Requirement for owner of motor vehicle and others to give information
83. Offences
PART 7 - CRIMINAL PROCEEDINGS AND RELATED MATTERS
84. Proceedings for offences
85. Penalty notices for certain offences
86. Orders for compensation at time offence proved
87. Liability of vehicle owner for parking offences
88. Evidentiary provisions
PART 8 - MISCELLANEOUS
89. Administrative review of certain decisions by Civil and Administrative Tribunal
90. Delegation of Minister's functions
91. Harvesting and haulage costs review
92. Regulations
93. Review of Act
SCHEDULE 1
SCHEDULE 2
SCHEDULE 3
Schedule 5 (Repealed)
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