New South Wales Consolidated Acts

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FORESTRY ACT 2012

- As at 1 July 2018
- 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
   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, 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
   69O.    Forest agreement prerequisite for approval
   69P.    Terms of approval
   69Q.    Duration of approval
   69R.    Revocation, suspension or amendment of approval
   69S.    Civil enforcement of certain conditions of approval

           Division 3 - Terms of relevant licences under integrated approval

   69T.    Licences to which Division applies
   69U.    Approval may set out terms of relevant licence
   69V.    Enforcement of relevant licence

           Division 4 - Application of other legislation

   69W.    Application of Environmental Planning and Assessment Act 1979
   69X.    Application of Biodiversity Conservation Act 2016--stop work and 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 - PRIVATE NATIVE FORESTRY

   69ZB.   Definitions: Part 5C
   69ZC.   Object of Part
   69ZD.   Application of Part
   69ZE.   Landholders may submit draft private native forestry plans
   69ZF.   Private native forestry plans require approval of regulatory authority
   69ZG.   Duration, variation and termination of private native forestry plans
   69ZH.   Forestry operations to be carried out in accordance with plan and code of practice
   69ZI.   Registered plan to run with land

   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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