New South Wales Consolidated Acts

FORESTRY ACT 2012 - SECT 60

60 Forest permits for non-forestry uses

(1916 Act, ss 31(1)-(2) and 32F)

(1) The land manager of a forestry area may, on payment of the fee determined by the land manager, issue a forest permit authorising the holder of the permit to use the area for--

(a) the purposes specified in the permit, including recreational, sporting or commercial activities, and

(b) if the area is used for forestry operations with trees of exotic coniferous species--the construction and operation of renewable energy infrastructure.

(1A) The land manager of a forestry area must not issue a permit under subsection (1)(b) unless the land manager is satisfied that issuing the permit--

(a) is consistent with the obligations of the land manager under a sustainable forest management certification scheme, including the following--

(i) restrictions on converting forested land to non-forest uses,

(ii) requirements to support local communities and timber processors with sustainable yield of forest products in the short, medium, and long term, and

(b) will not result in premature harvesting of timber that causes the Corporation to fail to meet a supply commitment to a local timber processor under a timber supply agreement, and

(c) will not result in more than 0.7% of forestry areas currently used for forestry operations with trees of exotic coniferous species being used for the construction and operation of renewable energy infrastructure, and

(d) will not result in a net loss of timber available for forestry operations, and

(e) will result in a net gain of land available for forestry operations, and

(1B) The land manager of a forestry area must not issue a permit under subsection (1)(b) unless land used for forestry operations in substitution for the land subject to the permit--

(a) is a similar distance from local timber processors as the land for which it is substituted, and

(b) has an area at least twice as large as the area used for the construction and operation of renewable energy infrastructure, and

(c) is of the same or greater productive capacity, and

(d) has the same or greater average annual rainfall.

(2) The amount of any such fee is subject to any maximum amount prescribed by the regulations. Any such regulation may only be made with the concurrence of the Treasurer.

(3) The purposes for which a forestry area may be used under the authority conferred by a forest permit are not to include forestry operations or any purpose in respect of which a licence may be issued.

(4) A forest permit is subject to such conditions as may be imposed by the land manager or by the regulations.

(5) A forest permit may be issued for such period as the land manager thinks appropriate and may be renewed by the land manager.

(6) The authority conferred by a forest permit is subject to the regulations.

(7) In the event of any inconsistency between the activities carried out under the authority conferred by a licence and any use authorised by a permit issued by a land manager other than the Corporation, the licence prevails to the extent of the inconsistency.