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This is a Bill, not an Act. For current law, see the Acts databases.


FOREST MANAGEMENT BILL 2013 BILL 56 OF 2013

                                       TASMANIA

                                       __________


                    FOREST MANAGEMENT BILL 2013
                                       __________

                                       CONTENTS
        PART 1 - PRELIMINARY
          1.      Short title
          2.      Commencement
          3.      Interpretation
          4.      Application of Act
          5.      Application of Tasmanian Forests Agreement Act 2013 to
                  permanent timber production zone land that is the future reserve
                  land

        PART 2 - FORESTRY CORPORATION
          6.      Continuation of Forestry corporation

        PART 3 - FOREST MANAGER FOR PERMANENT TIMBER
                PRODUCTION ZONE LAND
          7.      Forest Manager for permanent timber production zone land
          8.      Functions of Forest Manager
          9.      Powers of Forest Manager

        PART 4 - PERMANENT TIMBER PRODUCTION ZONE LAND
          10.     Reservation of Crown land as permanent timber production zone
                  land
          11.     Revocation of permanent timber production zone land
          12.     Land purchased, &c., by Forestry corporation becomes
                  permanent timber production zone land
[Bill 56]-I

 


 

13. Access to permanent timber production zone land 14. Forest Manager may charge fee PART 5 - WOOD PRODUCTION POLICY 15. Sustainable management of Tasmania's forests 16. Wood production supply PART 6 - MISCELLANEOUS 17. Timber classification officers 18. Power to construct drains on adjoining land 19. Constructing forest roads, &c. 20. Forest Manager not liable for failure to maintain forest road 21. Signage 22. Request to leave, &c., permanent timber production zone land 23. Closure of forest roads 24. Conversion of forest roads to public roads 25. Exemption of certain vehicles from laws specifying vehicle mass, weight or dimension limits 26. Easements over Crown land in permanent timber production zone land 27. Land Acquisition Act 1993 applies to Forestry corporation 28. Alternative to prosecution for certain offences 29. Fire protection 30. Person may not make certain claims 31. Vicarious liability 32. Transfer of assets, &c. 33. Recognition of service with Forestry corporation 34. Superannuation entitlements not affected 35. Regulations 36. Administration of Act 37. Savings and transitional provisions relating to continuation of Forestry corporation 2

 


 

38. Savings and transitional provisions relating to State forest becoming permanent timber production zone land 39. Certain forest reserves declared to be reserved land under Nature Conservation Act 2002 40. Legislation repealed SCHEDULE 1 - SAVINGS AND TRANSITIONAL PROVISIONS RELATING TO CONTINUATION OF FORESTRY CORPORATION SCHEDULE 2 - SAVINGS AND TRANSITIONAL PROVISIONS RELATING TO STATE FOREST BECOMING PERMANENT TIMBER PRODUCTION ZONE LAND SCHEDULE 3 - CERTAIN FOREST RESERVES DECLARED TO BE RESERVED LAND UNDER NATURE CONSERVATION ACT 2002 SCHEDULE 4 - LEGISLATION REPEALED 3

 


 

4

 


 

FOREST MANAGEMENT BILL 2013 This Public Bill originated in the House of Assembly, and, having this day passed, is now ready for presentation to the Legislative Council for its concurrence. P. R. ALCOCK, Clerk of the House 24 September 2013 (Brought in by the Minister for Energy and Resources, the Honourable Bryan Alexander Green) A BILL FOR An Act to provide for the management of permanent timber production zone land, to repeal the Forestry Act 1920 and for related purposes 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. [Bill 56] 5

 


 

Forest Management Act 2013 Act No. of s. 3 Part 1 - Preliminary 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 - 6

 


 

Forest Management Act 2013 Act No. of Part 1 - Preliminary s. 3 and includes any related land clearing, land preparation, burning-off or access construction; 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 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 road means - (a) any road constructed or maintained by or for the Forest Manager either inside or outside permanent timber production zone land; or 7

 


 

Forest Management Act 2013 Act No. of s. 3 Part 1 - Preliminary (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; permanent timber production zone land means - 8

 


 

Forest Management Act 2013 Act No. of Part 1 - Preliminary s. 4 (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. 9

 


 

Forest Management Act 2013 Act No. of s. 5 Part 1 - Preliminary (2) This Act does not apply to Crown land that is reserved as a public reserve under the Crown Lands Act 1976. 5. Application of Tasmanian Forests Agreement Act 2013 to permanent timber production zone land that is the future reserve land The Tasmanian Forests Agreement Act 2013 applies to permanent timber production zone land that is the future reserve land within the meaning of that Act. 10

 


 

Forest Management Act 2013 Act No. of Part 2 - Forestry Corporation s. 6 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. 11

 


 

Forest Management Act 2013 Act No. of s. 7 Part 3 - Forest Manager for Permanent Timber Production Zone Land 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. 12

 


 

Forest Management Act 2013 Act No. of Part 3 - Forest Manager for Permanent Timber Production Zone Land s. 9 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. 13

 


 

Forest Management Act 2013 Act No. of s. 10 Part 4 - 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. (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 14

 


 

Forest Management Act 2013 Act No. of Part 4 - Permanent Timber Production Zone Land s. 11 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. (2) The Minister may not make an order under subsection (1) in relation to any land that is the 15

 


 

Forest Management Act 2013 Act No. of s. 11 Part 4 - Permanent Timber Production Zone Land future reserve land within the meaning of the Tasmanian Forests Agreement Act 2013. (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) to supply logs to the holder of a forestry compensation certificate in accordance with Part 3 of the Tasmanian Forests Agreement Act 2013. (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 16

 


 

Forest Management Act 2013 Act No. of Part 4 - Permanent Timber Production Zone Land s. 11 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. 17

 


 

Forest Management Act 2013 Act No. of s. 12 Part 4 - Permanent Timber Production Zone 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. 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. 18

 


 

Forest Management Act 2013 Act No. of Part 5 - Wood Production Policy s. 15 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) for a prescribed industry, the prescribed quantity, prescribed type and prescribed specification of other prescribed timber. (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 19

 


 

Forest Management Act 2013 Act No. of s. 16 Part 5 - Wood Production Policy 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. 20

 


 

Forest Management Act 2013 Act No. of Part 6 - Miscellaneous s. 17 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 21

 


 

Forest Management Act 2013 Act No. of s. 18 Part 6 - Miscellaneous 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 22

 


 

Forest Management Act 2013 Act No. of Part 6 - Miscellaneous s. 19 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 - 23

 


 

Forest Management Act 2013 Act No. of s. 20 Part 6 - Miscellaneous (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. 24

 


 

Forest Management Act 2013 Act No. of Part 6 - Miscellaneous s. 22 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. 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 - 25

 


 

Forest Management Act 2013 Act No. of s. 22 Part 6 - Miscellaneous (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. 26

 


 

Forest Management Act 2013 Act No. of Part 6 - Miscellaneous s. 23 (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) 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 - 27

 


 

Forest Management Act 2013 Act No. of s. 23 Part 6 - Miscellaneous (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 28

 


 

Forest Management Act 2013 Act No. of Part 6 - Miscellaneous s. 24 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. 29

 


 

Forest Management Act 2013 Act No. of s. 25 Part 6 - Miscellaneous (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. 30

 


 

Forest Management Act 2013 Act No. of Part 6 - Miscellaneous s. 26 (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 31

 


 

Forest Management Act 2013 Act No. of s. 29 Part 6 - Miscellaneous 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 - 32

 


 

Forest Management Act 2013 Act No. of Part 6 - Miscellaneous s. 30 (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 33

 


 

Forest Management Act 2013 Act No. of s. 31 Part 6 - Miscellaneous 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. 34

 


 

Forest Management Act 2013 Act No. of Part 6 - Miscellaneous s. 33 (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 35

 


 

Forest Management Act 2013 Act No. of s. 33 Part 6 - Miscellaneous (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 - 36

 


 

Forest Management Act 2013 Act No. of Part 6 - Miscellaneous s. 33 (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 37

 


 

Forest Management Act 2013 Act No. of s. 33 Part 6 - Miscellaneous 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 person's 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 38

 


 

Forest Management Act 2013 Act No. of Part 6 - Miscellaneous s. 34 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, 39

 


 

Forest Management Act 2013 Act No. of s. 36 Part 6 - Miscellaneous 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. 40

 


 

Forest Management Act 2013 Act No. of Part 6 - Miscellaneous s. 37 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. 41

 


 

Forest Management Act 2013 Act No. of sch. 1 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. 42

 


 

Forest Management Act 2013 Act No. of sch. 1 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 43

 


 

Forest Management Act 2013 Act No. of sch. 1 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. 44

 


 

Forest Management Act 2013 Act No. of sch. 1 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. 45

 


 

Forest Management Act 2013 Act No. of sch. 1 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. 46

 


 

Forest Management Act 2013 Act No. of sch. 2 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 Column 2 Column 3 Forest reserve name CPR Plan Area (ha) Brookerana Forest Reserve (part) 9642 30 Dalgarth Forest Reserve 2274 17 Griffin Forest Reserve 3933 17 47

 


 

Forest Management Act 2013 Act No. of sch. 2 Column 1 Column 2 Column 3 Forest reserve name CPR Plan Area (ha) 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 48

 


 

Forest Management Act 2013 Act No. of sch. 3 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 49

 


 

Forest Management Act 2013 Act No. of sch. 3 (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 50

 


 

Forest Management Act 2013 Act No. of sch. 3 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. 51

 


 

Forest Management Act 2013 Act No. of sch. 3 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. Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Forest reserve name CPR Plan Area (ha) NCA Reserve name MRDA reserve applies class Alma Tier Forest Reserve 5096 287 CA Alma Tier No Conservation Area Andersons Creek Forest 4391 317 RR Andersons Creek Reserve 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 4376, 6870 3,678 RR Arthur River Reserve Regional Reserve Arve Loop Forest Reserve 4363 944 CA Arve Loop Conservation Area Avenue River Forest 4433 4,306 RR Avenue River Reserve Regional Reserve Badger River Forest 2906 316 RR Badger River Reserve Regional Reserve Balfour Track Forest 4055 322 RR Balfour Track Reserve Regional Reserve Bells Marsh Forest Reserve 4434 441 RR Bells Marsh Regional Reserve 52

 


 

Forest Management Act 2013 Act No. of sch. 3 Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Forest reserve name CPR Plan Area (ha) NCA Reserve name MRDA reserve applies class Big Sassy Creek Forest 2916 189 CA Big Sassy Creek Reserve Conservation Area Big Tree Forest Reserve 7198 112 CA Big Tree Conservation Area Black Creek Forest 2893 311 RR Black Creek Reserve Regional Reserve Black Jack Hill Forest 2879 662 RR Black Jack Hill Reserve 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 2932 363 RR Bonneys Tier Reserve Regional Reserve Borradaile Forest Reserve 2924 255 RR Borradaile Regional Reserve Boyd Forest Reserve 2298 10 CA Boyd Conservation Area Break O'Day Forest 4436 331 RR Break O'Day Reserve Regional Reserve Bridgenorth Forest Reserve 4392 41 CA Bridgenorth Conservation Area Brookerana Forest Reserve 9643 28 CA Brookerana No (part) Conservation Area 53

 


 

Forest Management Act 2013 Act No. of sch. 3 Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Forest reserve name CPR Plan Area (ha) NCA Reserve name MRDA reserve applies class Brown Mountain Forest 2919 654 CA Brown Mountain Reserve Conservation Area Brushy Rivulet Forest 2909 593 CA Brushy Rivulet Reserve Conservation Area Burns Peak Forest Reserve 4378 952 RR Burns Peak Regional Reserve Buxton River Forest 4438 3,616 CA Buxton River Reserve Conservation Area Caroline Creek Forest 2894 212 RR Caroline Creek Reserve Regional Reserve Christmas Hills Forest 2937 344 CA Christmas Hills Reserve Conservation Area Coppermine Creek Forest 2931 685 RR Coppermine Reserve Creek Regional Reserve Crayfish Creek Forest 4399 313 RR Crayfish Creek Reserve Regional Reserve Cygnet River Forest 4663 4,311 RR Cygnet River Reserve 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 2929 148 CA Denison Ridge Reserve Conservation Area 54

 


 

Forest Management Act 2013 Act No. of sch. 3 Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Forest reserve name CPR Plan Area (ha) NCA Reserve name MRDA reserve applies class Derby Forest Reserve 4408 200 RR Derby Regional Reserve Dial Range Forest Reserve 4380 2,522 RR Dial Range Regional Reserve Dickies Ridge Forest 4437 621 RR Dickies Ridge Reserve Regional Reserve Dip Falls Forest Reserve 1350 34 RR Dip Falls No Regional Reserve Dip River Forest Reserve 2933 2,746 RR Dip River Regional Reserve Dismal Range Forest 4409 199 CA Dismal Range Reserve Conservation Area Dismal Swamp Forest 5095 310 RR Dismal Swamp No Reserve Regional Reserve Doctors Peak Forest 2881 3,038 RR Doctors Peak Reserve Regional Reserve Dogs Head Hill Forest 4393 1,508 RR Dogs Head Hill Reserve Regional Reserve Dove River Forest Reserve 4394 2,415 RR Dove River Regional Reserve Drys Bluff Forest Reserve 2291 691 CA Drys Bluff No Conservation Area Duck River Forest Reserve 2895 464 RR Duck River Regional Reserve Eastern Tiers Forest 4439, 6876 4,917 CA Eastern Tiers Reserve Conservation Area Emu Ground Forest 3574 919 RR Emu Ground Reserve Regional Reserve 55

 


 

Forest Management Act 2013 Act No. of sch. 3 Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Forest reserve name CPR Plan Area (ha) NCA Reserve name MRDA reserve applies class Emu River Forest Reserve 4381 584 RR Emu River Regional Reserve Esperance River Forest 2305 149 CA Esperance River Reserve 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 2951 57 CA Fletchers Hill Reserve West Conservation Area Flowerdale River Forest 4382 292 RR Flowerdale River Reserve Regional Reserve Fords Pinnacle Forest 2952 95 RR Fords Pinnacle Reserve Regional Reserve Franklin Rivulet Forest 2954 321 CA Franklin Rivulet Reserve Conservation Area Frome Forest Reserve 4411 930 RR Frome Regional Reserve German Town Forest 4440 935 RR German Town Reserve Regional Reserve Hardings Falls Forest 4441, 6878 1,938 RR Hardings Falls Reserve Regional Reserve Hatfield River Forest 4383, 6879 1,518 RR Hatfield River Reserve Regional Reserve Henty Forest Reserve 2907 105 RR Henty Regional Reserve 56

 


 

Forest Management Act 2013 Act No. of sch. 3 Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Forest reserve name CPR Plan Area (ha) NCA Reserve name MRDA reserve applies class Huntsmans Cap Forest 4442 216 RR Huntsmans Cap Reserve Regional Reserve Huskisson River Forest 4384 690 RR Huskisson River Reserve Regional Reserve Jackeys Creek Forest 2940 213 CA Jackeys Creek Reserve 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 2945 232 CA Kenmere Creek Reserve Conservation Area Kohls Falls Forest Reserve 4413 145 RR Kohls Falls Regional Reserve Lady Binney Forest 4367 379 RR Lady Binney Reserve Regional Reserve Lady Nelson Forest 4414 156 RR Lady Nelson Reserve Regional Reserve Lake Binney Forest 4368 461 CA Lake Binney Reserve Conservation Area Lake Chisholm Forest 2629 175 RR Lake Chisholm Reserve Regional Reserve Lake Pieman Forest 5094 1,008 RR Lake Pieman No Reserve Regional Reserve Lanes Tier Forest Reserve 2948 221 CA Lanes Tier Conservation Area 57

 


 

Forest Management Act 2013 Act No. of sch. 3 Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Forest reserve name CPR Plan Area (ha) NCA Reserve name MRDA reserve applies class Laurel Creek Forest 4385 1,115 RR Laurel Creek Reserve Regional Reserve Lefroy Forest Reserve 4415 3,584 RR Lefroy Regional Reserve Liffey Forest Reserve 2133 1,056 CA Liffey No Conservation Area Lizard Hill Forest Reserve 2934 94 RR Lizard Hill Regional Reserve Lobster Rivulet Forest 2897 130 RR Lobster Rivulet Reserve 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 No Conservation Area Lovells Creek Forest 2876 553 RR Lovells Creek Reserve Regional Reserve Lower Marsh Creek Forest 6688 1,091 RR Lower Marsh Reserve Creek Regional Reserve Luncheon Hill Forest 4400 1,031 RR Luncheon Hill Reserve Regional Reserve Lutregala Creek Forest 2957 109 RR Lutregala Creek Reserve Regional Reserve Mackintosh Forest Reserve 4388 1,029 RR Mackintosh Regional Reserve 58

 


 

Forest Management Act 2013 Act No. of sch. 3 Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Forest reserve name CPR Plan Area (ha) NCA Reserve name MRDA reserve applies class MacLaines Creek Forest 5123 429 CA MacLaines Creek No Reserve Conservation Area Maggs Mountain Forest 3579 1,112 RR Maggs Mountain Reserve Regional Reserve Martins Hill Forest 3707 1,186 RR Martins Hill Reserve Regional Reserve Mathinna Falls Forest 2292, 2902 447 RR Mathinna Falls No Reserve Regional Reserve Meander Forest Reserve 2132 1,664 CA Meander No Conservation Area Meetus Falls Forest 2290 191 CA Meetus Falls No Reserve Conservation Area Mersey River Forest 4396 633 CA Mersey River Reserve Conservation Area Mersey White Water 2284 241 RR Mersey White Forest Reserve Water Regional Reserve Midday Hill Forest 4416 310 CA Midday Hill Reserve Conservation Area Milkshake Hills Forest 2271 279 RR Milkshake Hills Reserve Regional Reserve Millers Bluff Forest 2941 670 CA Millers Bluff Reserve Conservation Area Montagu River Forest 4401 1,014 RR Montagu River Reserve Regional Reserve Montagu Swamp Forest 4402 1,582 RR Montagu Swamp Reserve Regional Reserve 59

 


 

Forest Management Act 2013 Act No. of sch. 3 Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Forest reserve name CPR Plan Area (ha) NCA Reserve name MRDA reserve applies class Mount Arthur Forest 4418 881 RR Mount Arthur Reserve Regional Reserve Mount Bruny Forest 4364 1,353 CA Mount Bruny Reserve Conservation Area Mount Careless Forest 4397 689 RR Mount Careless Reserve Regional Reserve Mount Dromedary Forest 4370 859 CA Mount Reserve Dromedary Conservation Area Mount Horror Forest 6690 1,116 RR Mount Horror Reserve Regional Reserve Mount Kershaw Forest 4387 259 RR Mount Kershaw Reserve Regional Reserve Mount Mangana Forest 2927 855 CA Mount Mangana Reserve Conservation Area Mount Maurice Forest 4423, 6881 6,744 RR Mount Maurice Reserve Regional Reserve Mount Midway Forest 2930 463 CA Mount Midway Reserve Conservation Area Mount Morrison Forest 4371 747 CA Mount Morrison Reserve Conservation Area Mount Ponsonby Forest 2921 462 CA Mount Ponsonby Reserve Conservation Area Mount Puzzler Forest 4057 404 RR Mount Puzzler Reserve Regional Reserve Mount Stronach Forest 4417 1,026 RR Mount Stronach Reserve Regional Reserve 60

 


 

Forest Management Act 2013 Act No. of sch. 3 Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Forest reserve name CPR Plan Area (ha) NCA Reserve name MRDA reserve applies class Mount Thunderbolt Forest 2922 317 CA Mount Reserve Thunderbolt Conservation Area Mount Victoria Forest 4424 8,269 RR Mount Victoria Reserve Regional Reserve Mount Wedge Forest 4056 11 CA Mount Wedge Reserve Conservation Area Nicholas Range Forest 4444 809 RR Nicholas Range Reserve Regional Reserve North Esk Forest Reserve 4420 621 RR North Esk Regional Reserve North Scottsdale Forest 6689 4,087 RR North Scottsdale Reserve 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 4426 324 RR Oxberry Plains Reserve Regional Reserve Paradise Plains Forest 4425 439 RR Paradise Plains Reserve Regional Reserve Parangana Sugarloaf Forest 2911 279 RR Parangana Reserve Sugarloaf Regional Reserve 61

 


 

Forest Management Act 2013 Act No. of sch. 3 Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Forest reserve name CPR Plan Area (ha) NCA Reserve name MRDA reserve applies class 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 2903 195 RR Pipers River Reserve Regional Reserve Plains Creek Forest 4403 861 CA Plains Creek Reserve Conservation Area Porcupine Hill Forest 2953 207 RR Porcupine Hill Reserve Regional Reserve Promised Land Forest 2892 124 RR Promised Land Reserve 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 2611 945 CA Quamby Bluff Reserve Conservation Area Rayners Hill Forest 4427 331 RR Rayners Hill Reserve Regional Reserve Rebecca Creek Forest 2949 345 CA Rebecca Creek Reserve Conservation Area Reedy Marsh Forest 4398 3,870 CA Reedy Marsh Reserve Conservation Area Remarkable Rock Forest 2947 391 CA Remarkable Rock Reserve Conservation Area 62

 


 

Forest Management Act 2013 Act No. of sch. 3 Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Forest reserve name CPR Plan Area (ha) NCA Reserve name MRDA reserve applies class Rimons Hill Forest 4365 391 CA Rimons Hill Reserve Conservation Area Ringarooma River Forest 4428 291 RR Ringarooma River Reserve Regional Reserve River Hill Forest Reserve 4429 343 CA River Hill Conservation Area Roaring Magg Hill Forest 2914 115 RR Roaring Magg Reserve Hill Regional Reserve Royal George Forest 4446 768 RR Royal George Reserve Regional Reserve Sand River Forest Reserve 5097 79 CA Sand River No Conservation Area Sandspit River Forest 2310 232 CA Sandspit River No Reserve Conservation Area Savage River Pipeline 6886 31,025 RR Savage River Forest Reserve Pipeline Regional Reserve Sawmill Creek Forest 4390 873 RR Sawmill Creek Reserve Regional Reserve Sawpit Ridge Forest 2943 1,694 RR Sawpit Ridge Reserve Regional Reserve Scamander Forest Reserve 3934 209 RR Scamander Regional Reserve Shakespeare Hills Forest 4404 2,157 RR Shakespeare Hills Reserve Regional Reserve Shingle Hill Forest Reserve 5098 70 CA Shingle Hill No Conservation Area 63

 


 

Forest Management Act 2013 Act No. of sch. 3 Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Forest reserve name CPR Plan Area (ha) NCA Reserve name MRDA reserve applies class Snaky Creek Forest 6882 1,272 CA Snaky Creek Reserve Conservation Area Snow Hill Forest Reserve 2944 1,324 RR Snow Hill Regional Reserve Snowy River Forest 2904 90 RR Snowy River Reserve 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 2923 3 CA Spinning Gum Reserve Conservation Area Staverton Forest Reserve 2891 109 RR Staverton Regional Reserve Stringybark Forest Reserve 4056 33 CA Stringybark Conservation Area Styx Tall Trees Forest 6888 337 CA Styx Tall Trees Reserve 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 4372 246 CA Tanina Bluff Reserve Conservation Area Tarraleah Forest Reserve 4373 620 CA Tarraleah Conservation Area 64

 


 

Forest Management Act 2013 Act No. of sch. 3 Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Forest reserve name CPR Plan Area (ha) NCA Reserve name MRDA reserve applies class Teds Flat Forest Reserve 4447 249 RR Teds Flat Regional Reserve Teepookana Forest Reserve 2309 615 RR Teepookana Regional Reserve Tippogoree Hills Forest 3104 903 CA Tippogoree Hills Reserve Conservation Area Tombstone Creek Forest 4431 486 RR Tombstone Creek Reserve Regional Reserve Tooms Lake Forest 4448, 6889 3,601 CA Tooms Lake Reserve 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 6873 520 RR Waratah Creek Reserve Regional Reserve Warra Creek Forest 2878 572 RR Warra Creek Reserve Regional Reserve Warrawee Forest Reserve 2939, 9639 227 CA Warrawee No Conservation Area Wayatinah Forest Reserve 4375 495 CA Wayatinah Conservation Area Weavers Creek Forest 2885 776 RR Weavers Creek Reserve Regional Reserve 65

 


 

Forest Management Act 2013 Act No. of sch. 3 Column 1 Column 2 Column 3 Column 4 Column 5 Column 6 Forest reserve name CPR Plan Area (ha) NCA Reserve name MRDA reserve applies class Welcome Swamp Forest 4406 163 RR Welcome Swamp Reserve Regional Reserve Wentworth Creek Forest 3635 250 CA Wentworth Creek Reserve Conservation Area Wielangta Forest Reserve 6891 846 CA Wielangta No Conservation Area Wild Bee Forest Reserve 4366 529 CA Wild Bee Conservation Area Winterbrook Falls Forest 2955 555 RR Winterbrook Falls Reserve Regional Reserve Yellow Bluff Creek Forest 2918 479 CA Yellow Bluff Reserve Creek Conservation Area 66

 


 

Forest Management Act 2013 Act No. of sch. 4 SCHEDULE 4 - LEGISLATION REPEALED Section 40 Notice under section 20B of the Forestry Act 1920 (No. 48 of 1920) Notice under section 20B of the Forestry Act 1920 (No. 49 of 1920) Forestry Act 1920 (No. 60 of 1920) Notice under section 20B of the Forestry Act 1920 (No. 203 of 1920) Forestry Amendment (Miscellaneous) Act 1999 (No. 30 of 1999) Government Printer, Tasmania 67

 


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