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FORESTRY ACT 2012 - SECT 61

Ancillary provisions relating to forest permits

61 Ancillary provisions relating to forest permits

(1916 Act, s 31(3)-(7))

(1) A forest permit may not be issued in respect of land within a flora reserve except--
(a) in accordance with the working plan for the reserve, and
(b) in the case of a permit authorising the occupation of the land--with the approval of the Minister.
(2) A forest permit may not be issued in respect of land that is subject to a forestry right if the permit is for a purpose that is, in the opinion of the land manager, inconsistent with--
(a) the forestry right, or
(b) a restriction on the use of land, or forestry covenant, imposed in connection with the forestry right under Division 4 of Part 6 of the Conveyancing Act 1919 .
(3) A forest permit may also be issued by the Corporation in respect of any Crown land that is not a forestry area (and not being Crown land that is held under a conditional lease and not reserved from sale or under a conditional purchase lease, closer settlement lease, group purchase lease, settlement purchase lease or returned soldiers' special holding). Any such Crown land is taken to be a forestry area for the purposes of this Part (other than Division 3).
(4) A forest permit may not be issued in respect of Crown land as referred to in subsection (3) except with the approval of the Minister administering the Crown Land Management Act 2016 .
(5) Any such Crown land in respect of which a forest permit is issued must not be available for sale during the currency of the permit.
(6) A forest permit does not operate to withdraw the land to which it applies from any lease or licence under the Crown Land Management Act 2016 or other Crown Land Acts or from any forest lease granted under this Act.
(7) However, it is a condition of a forest permit that the holder of the permit must, in addition to any fee payable to the land manager in respect of the permit, pay any such licensee or lessee--
(a) in the case of a permit that authorises the grazing or watering of horses or cattle--such agistment fees as the land manager may determine, or
(b) in any other case--such compensation as may be determined by the Minister.
(8) A forest permit may not be transferred except with the consent of the land manager.



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