South Australian Numbered Regulations

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FORESTRY REGULATIONS 2013 (NO 48 OF 2013) - REG 25

25—Permits

        (1)         Subject to these regulations, the Corporation may issue a permit authorising an act or activity in a forest reserve that would, if undertaken without lawful authority, constitute an offence under these regulations.

        (2)         A permit must be in writing in a form determined by the Corporation.

        (3)         An application for a permit—

            (a)         must be made in the manner and form determined by the Corporation; and

            (b)         must be accompanied by the fee (if any) specified by or under these regulations for a permit of the relevant class.

        (4)         A permit may be issued applying to a group of persons named in the permit on the application of 1 member of the group.

        (5)         A permit may be issued subject to such conditions as are specified in the permit.

        (6)         Without limiting the conditions to which a permit may be subject, those conditions may include 1 or more of the following:

            (a)         a condition that only persons licensed or otherwise qualified to engage in an activity to which the permit relates may engage in that activity;

            (b)         a condition specifying the area to which the permit relates;

            (c)         a condition restricting a person to whom the permit applies to the use of a specified type of vehicle, boat, aircraft, camping equipment, firearm or trapping device in undertaking an activity to which the permit relates;

            (d)         a condition requiring the restoration of a forest reserve or portion of a forest reserve to a condition similar to that which existed prior to the conduct of the activity to which the permit relates;

            (e)         a condition requiring a person to whom the permit applies to lodge with the Corporation a financial assurance in accordance with regulation 28.

        (7)         A permit—

            (a)         comes into force on the day fixed in the permit for its commencement or, if no day is fixed, on the day on which it is issued; and

            (b)         expires on the day fixed in the permit for its expiry (being a day not more than 12 months from the day of commencement) or, if no expiry day is fixed, on the expiration of 12 months after the day on which it came into force.

        (8)         A person must not contravene or fail to comply with a condition of a permit applying to the person.

Maximum penalty: $750.

Expiation fee: $105.

        (9)         A permit may—

            (a)         if a person to whom the permit applies contravenes or fails to comply with a condition of the permit—be varied or revoked by the Corporation by instrument in writing served personally or by post—

                  (i)         on the person to whom the permit was issued; or

                  (ii)         on the person who contravened or failed to comply with the condition; or

            (b)         if, in the opinion of the Corporation, it is necessary or desirable to do so for the purpose of protecting a forest reserve or anything in a forest reserve—be varied or revoked by the Corporation by instrument in writing served personally or by post on the person to whom the permit was issued.

        (10)         A person whose application for a permit is refused must, on request, be refunded an amount equal to the fee that accompanied the application.

        (11)         Subject to regulation 26, a person to whom a permit under these regulations applies must carry the permit or ensure that it is readily available for production at all times while the person is acting pursuant to the permit in a forest reserve.

Maximum penalty: $750.

Expiation fee: $105.



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