New South Wales Consolidated Acts

FORESTRY ACT 2012 - SECT 3

3 Definitions

(1) In this Act--

"authorised officer" means a person appointed as an authorised officer under section 70.

"board" means the board of directors of the Corporation.

"carbon sequestration right" has the same meaning as in section 87A of the Conveyancing Act 1919 .

"chief executive officer" means the chief executive officer of the Corporation.

"clearing licence" means a clearing licence issued under Division 2 of Part 4.

"Corporation" means the Forestry Corporation of New South Wales constituted under Part 2.

"Crown land" and
"Crown Land Acts" have the same meanings as in the Crown Land Management Act 2016 .

"Crown-timber land" means any of the following--

(a) land within a State forest or flora reserve,

(b) Crown land (whether or not held under a lease or licence from the Crown and whether or not included in a timber reserve),

(c) land affected by a profit à prendre,

but does not include--

(d) any Crown land the subject of a prescribed Crown tenure if the subject land has an area of 2 hectares or less, or

(e) any Crown land the subject of a tenure from the Crown that is not a prescribed Crown tenure.

"flora reserve" means land dedicated or set apart under this Act or the former Act as a flora reserve.

"forest agreement" means a forest agreement referred to in Part 5A that is in force.

Note : Part 5A is transferred to this Act on the commencement of Schedule 4.11[16[#93].

"forest lease" means a lease granted under section 62.

"forest materials" means rock, stone, clay, shells, earth, sand, gravel or any like material.

"forest materials licence" means a forest materials licence issued under Division 2 of Part 4.

"forest permit" means a permit issued under section 60.

"forest products" means the products of trees and other vegetation (other than timber) that are of economic value.

"forest products licence" means a forest products licence issued under Division 2 of Part 4.

"forestry area" means a State forest, timber reserve or flora reserve and includes any part of a State forest, timber reserve or flora reserve.

"Forestry Commission" means the corporation constituted under the former Act.

"forestry operations" means--

(a) logging operations, namely, the cutting and removal of timber from land for the purpose of timber production, or

(b) the harvesting of forest products, or

(c) ongoing forest management operations, namely, activities relating to the management of land for timber production such as thinning, burning and other silvicultural activities and bush fire hazard reduction, or

(d) ancillary activities to enable or assist in the above operations such as the provision of roads, snig tracks, waterway crossings and temporary timber storage facilities.

"forestry right" means a forestry right within the meaning of Division 4 of Part 6 of the Conveyancing Act 1919 .

"former Act" means the Forestry Act 1916 as in force immediately before its repeal by this Act.

"function" includes a power, authority or duty, and
"exercise" a function includes perform a duty.

"government agency" means any of the following--

(a) a government sector agency within the meaning of the Government Sector Employment Act 2013 or the head (within the meaning of that Act) of any such agency,

(b) a NSW Government agency,

(c) any other public authority that is constituted by or under an Act or that exercises public functions (other than a State owned corporation).

"integrated forestry operations approval" means an approval referred to in Part 5B that is in force.

Note : Part 5B is transferred to this Act on the commencement of Schedule 4.11[16[#93].

"land exchange agreement" means an agreement under section 31.

"land manager" of a forestry area means the land manager for the area as provided by section 57.

"lease" under the Crown Lands Acts includes a promise of lease under those Acts and
"lessee" means the holder of such lease, and includes the holder of any such promise.

"licence" means a licence issued by the Corporation under this Act.

"management plan" means a management plan under section 21.

"plantation" --see section 4.

"prescribed Crown tenure" means a tenure from the Crown specified in the First Schedule to the former Act.

"profit à prendre" means a profit à prendre reserved to the Crown under clause 5(1) of Schedule 1.

"renewable energy infrastructure" means infrastructure for the generation and storage of energy from renewable sources, and includes associated transmission and distribution infrastructure.

"resource acquisition fee" means a fee payable under Division 3 of Part 4.

"small quantity authorisation" means an authorisation under section 45.

"SOC Act" means the State Owned Corporations Act 1989 .

"special management zone" means any area of State forest declared to be a special management zone under section 18.

"State forest" means land dedicated under this Act, the former Act or the former Forestry Act 1909 as State forest, being a dedication that is in force.

"timber" includes trees of any age or description, whether growing or dead.

"timber licence" means a timber licence issued under Division 2 of Part 4.

"timber reserve" means land temporarily reserved under the former Act for forestry purposes, being a reservation in force immediately before the repeal of the former Act.

"tree" means a tree of any description and includes a shrub and a sapling or seedling of a tree.

"use" , in relation to a forestry area, includes occupy the area or engage in or conduct an activity in the area.

"voting shareholders" of the Corporation means the voting shareholders within the meaning of the SOC Act.

"working plan" means a working plan under section 25.

Note : The Interpretation Act 1987 contains definitions and other provisions that affect the interpretation and application of this Act.

(2) Notes included in this Act do not form part of this Act.