Forestry Act 1959

An Act to provide for forest reservations, the management, silvicultural treatment and protection of State forests, and the sale and disposal of forest products and quarry material, the property of the Crown on State forests, timber reserves and on other lands; and for other purposes

Long title amd 1968 No. 33 s 2; 1982 No. 73 s 36

1Short title

This Act may be cited as the Forestry Act 1959.

5Definitions

The dictionary in schedule 3 defines particular words used in this Act.

s 5 amd 1997 No. 20 s 4 (1), (4); 2007 No. 36 s 2 sch

Note—prev s 5 contained definitions for this Act. Definitions are now located in schedule 3 (Dictionary). Annotations for definitions contained in prev s 5 are located in annotations for sch 3.

pt 2 div 1 hdg ins 2014 No. 41 s 47 sch 1

pt 2 div 1 sdiv 1 hdg ins 2014 No. 41 s 47 sch 1

17Appointment and qualifications

(1)The chief executive may appoint a person as a forest officer if satisfied the person has the necessary expertise or experience to be a forest officer.

(2)The chief executive may appoint an employee of a plantation operator as a plantation officer, for a specified licence area, if satisfied the employee has the necessary expertise or experience to be a plantation officer.

(3)An appointment under this section must be made by instrument in writing.

s 17 amd 1990 No. 80 s 3 sch 7; 1991 No. 13 s 4

sub 1992 No. 15 s 13 sch

amd 2006 No. 16 s 68 sch 1; 2010 No. 12 s 19

sub 2014 No. 41 s 4

17AAppointment conditions

A forest officer or plantation officer holds office on any conditions stated in—

(a)the officer’s instrument of appointment; or

(b)a signed notice given to the officer; or

(c)a regulation.

s 17A ins 2014 No. 41 s 4

17BWhen officer stops holding office

(1)A forest officer or plantation officer stops holding office if—

(a)the term of office that is stated in a condition of office ends; or

(b)the office ends under another condition of office; or

(c)the officer resigns by giving the chief executive a notice signed by the officer.

(2)Also, a plantation officer stops holding office if—

(a)the person stops being an employee of a plantation operator; or

(b)the delegation of power under section 96B to the plantation operator is revoked.

(3)This section does not limit the ways in which a forest officer or plantation officer stops holding office.

(4)In this section—

condition of office means a condition on which the officer holds office.

s 17B ins 2014 No. 41 s 4

pt 2 div 1 sdiv 2 hdg ins 2014 No. 41 s 4

17CIssue of identity card

(1)The chief executive must issue an identity card to each forest officer and plantation officer.

(2)The identity card must—

(a)contain a recent photo of the person; and

(b)contain a copy of the person’s signature; and

(c)identify the person as a forest officer or plantation officer under this Act; and

(d)state an expiry date for the card.

(3)This section does not prevent the issue of a single identity card to a person for this Act and other purposes.

(4)Without limiting subsection (3), if the person holds an office under another Act administered by the department, the identity card may identify the other office.

(5)Despite subsection (1), the chief executive is not required to issue an identity card to—

(a)a forest officer who is a police officer; or

(b)a person who holds an identity card, issued under another Act by a Minister or chief executive of a department, that identifies the person as a forest officer.

s 17C ins 2014 No. 41 s 4

amd 2022 No. 9 s 51

17DProduction or display of identity card

(1)When exercising a power in relation to a person in the person’s presence, a forest officer or plantation officer must—

(a)produce the officer’s identity card for the person’s inspection before exercising the power; or

(b)have the identity card displayed so it is clearly visible to the person.

(2)However, if it is not practicable to comply with subsection (1), the officer must produce the identity card for the person’s inspection at the first reasonable opportunity.

(3)This section does not apply to a forest officer who is a police officer.

(4)Subsection (3) does not limit or otherwise affect the Police Powers and Responsibilities Act 2000, section 637.

(5)In this section—

identity card means—

(a)an identity card issued under section 17C; or

(b)an identity card, issued under another Act by a Minister or chief executive of a department, that identifies the person as a forest officer under this Act.

s 17D ins 2014 No. 41 s 4

amd 2022 No. 9 s 52

17EReturn of identity card

If a person stops being a forest officer or plantation officer, the person must return an identity card issued to the person under section 17C to the chief executive within 21 days after the office ends, unless the person has a reasonable excuse.

Maximum penalty—50 penalty units.

s 17E ins 2014 No. 41 s 4

amd 2022 No. 9 s 53

pt 2 div 1 sdiv 3 hdg ins 2014 No. 41 s 47 sch 1

18General powers of forest officers

(1)Any forest officer, in addition to such other powers and duties as from time to time devolve upon the forest officer under this Act, may—

(b)be accompanied and aided by any person the forest officer may think competent to assist the forest officer in making any inspection or examination; and

(c)make such examination and inquiry as may be necessary to ascertain whether the provisions of this Act have been or are being complied with by any person or in respect of any State forest, timber reserve, forest entitlement area, or any forest products or quarry material, the property of the Crown; and

(d)question, with respect to matters under this Act, the owner or occupier of any place, every person whom the forest officer finds in any place, and every person who has been within the preceding 6 months employed in or on any place to ascertain whether this Act has been or is being complied with, and require any such person to answer the questions put and to sign a declaration of the truth of the person’s answers; and

(e)require the production of any licence, permit, or other authority granted or agreement or contract made under and for the purposes of this Act and of any book, notice, record, list, or writing which by this Act is required to be had or kept or which, in the forest officer’s reasonable opinion, may be material to an inquiry under paragraph (c), and inspect, examine, and take copies of or extracts from the same; and

(f)at any time, search and examine all containers, vehicles, vessels, or other receptacles for holding or transporting any forest products or quarry material or reasonably suspected so to be, and for that purpose the forest officer may require the owner or person in charge thereof to open any such container, vehicle, vessel, or other receptacle, as the case may be, and expose its contents to view; and

(g)subject to subsections (1A) and (3), enter and inspect a place in which the forest officer reasonably suspects are forest products or quarry material got or interfered with or that the forest officer reasonably suspects have been got or interfered with in contravention of this Act; and

(ga)if the forest officer finds forest products or quarry material mentioned in paragraph (g) in a place entered under that paragraph—

(i)seize, take away and detain the forest products or quarry material together with anything (an incidental thing) including any document, equipment, gear, machinery, plant, vehicle or vessel, the officer reasonably suspects has been used or is intended to be used, in or in connection with, or is evidence of, the getting or interfering with the forest products or quarry material; and

(ii)subject to sections 82D to 82F, secure anything seized until the end of proceedings for a contravention of this Act; and

(h)exercise such other powers, functions and authorities as may be prescribed.

(1A)The power to enter a place under subsection (1)(g) may be exercised—

(a)for a place that is occupied land—only between sunrise and sunset or at any time with the consent of the owner or an agent or employee of the owner; or

(b)otherwise—at any time.

(1AA)The officer’s powers may be limited by—

(a)the officer’s instrument of appointment; or

(b)a signed notice given to the officer; or

(c)a regulation.

(2)Forest officer may require name and address
Any forest officer who—

(a)finds any person committing or who reasonably suspects any person of having committed an offence against this Act; or

(b)is making inquiries or investigations with a view to establishing whether or not an offence against this Act has been committed by any person; or

(c)is of the opinion that the name and address of any person is required for the purpose of giving effect to any provision of this Act, or for the purpose of enabling the forest officer to carry out his or her powers and duties under this Act;

may require such person to state the person’s name and address, or name or address, and, if the forest officer has reasonable ground to suppose that the name and address, or name or address, given is false, may require evidence of the correctness thereof.

(3)Entry into dwelling
Before a forest officer enters any part of a place, which part is being used as a dwelling at the time the entry is to be made, the forest officer shall, save where the forest officer has permission of the occupier of that part to the entry, obtain from a justice a warrant to enter.

(3A)Subsection (3) does not apply in respect of the curtilage of any premises.

(4)A justice who is satisfied upon the complaint of a forest officer that there is reasonable cause to suspect—

(a)that there are in any place forest products or quarry material; and

(b)that such forest products or quarry material have been got or interfered with contrary in any respect to this Act;

may issue a warrant for the place for the purpose of a stated forest officer or any forest officer exercising a forest officer’s powers.

(5)The warrant must state—

(a)the place to which the warrant applies; and

(b)that a stated forest officer or any forest officer, with necessary and reasonable help and force, may—

(i)enter the place and any other place necessary for entry to the place; and

(ii)exercise a forest officer’s powers; and

(c)particulars of the matters mentioned in subsection (4) that the justice considers appropriate; and

(d)the name of the person suspected of having contravened the Act unless the name is unknown or the justice considers it inappropriate to state the name; and

(e)the hours of the day or night when the place may be entered; and

(f)the justice’s name; and

(g)the day and time of the warrant’s issue; and

(h)the day, within 1 month after the warrant’s issue, when the warrant ends.

(6)In this section—

occupied land means land on which the owner is lawfully residing.

owner, of land, includes—

(a)the lessee or licensee from the State of the land; or

(b)the person who has lawful control of the land, on trust or otherwise; or

(c)the person who is entitled to receive the rents and profits of the land.

s 18 amd 1968 No. 33 s 6; 1971 No. 25 s 4; 1974 No. 33 s 5; 1982 No. 73 s 40; 1984 No. 86 s 7; 1997 No. 20 s 5; 1997 No. 78 s 32; 2000 No. 5 s 373 sch 2; 2014 No. 41 s 5

18AGeneral powers of plantation officers

(1)A plantation officer may exercise power under this Act, including under a delegation, only for the licence area for which the plantation officer is appointed.

(2)A plantation officer may—

(a)take away and dispose of a notice in the licence area that has not been authorised by the chief executive for the licence area; and

(b)require the production of any licence, permit, or other authorisation under which a person claims to be entitled to conduct an activity in the licence area that the person is conducting and inspect, examine, and take copies of the authorisation; and

(c)require the name and address of a person the plantation officer finds committing, or whom the plantation officer reasonably suspects of having committed, an offence against this Act in the licence area.

(2A)The officer’s powers may be limited by—

(a)the officer’s instrument of appointment; or

(b)a signed notice given to the officer; or

(c)a regulation.

(3)A person who fails to comply with a requirement lawfully given or made by a plantation officer under subsection (2) without a reasonable excuse commits an offence.

Maximum penalty—100 penalty units.

(4)A person who is required under subsection (2)(c) to state the person’s name or address must not, without a reasonable excuse, state a false name or address.

Maximum penalty—100 penalty units.

(5)A person does not commit an offence against subsection (4) if the person is not proved to have committed the offence he or she was allegedly found committing or suspected of having committed.

(6)Subsections (1) and (2) do not limit the powers of a forest officer under this Act.

(7)In this section—

commit, an offence, includes attempt to commit an offence.

licence area includes part of the licence area.

State forest includes part of the State forest.

s 18A ins 2010 No. 12 s 20

amd 2014 No. 41 s 6

pt 2 div 2 hdg ins 2014 No. 41 s 47 sch 1

18CPlantation operator and plantation officer are persons performing duties under this Act only for particular provisions

In this Act, a reference to a person performing duties under this Act includes a reference to a plantation operator or plantation officer when performing duties under this Act only in the following provisions—

(a)section 39(2)(a);

(b)section 69A(1)(c) as it applies to section 69D;

(c)section 84(4);

(d)section 86(1)(a) or (h);

(e)section 95(a) or (b);

(f)section 96.

s 18C ins 2010 No. 12 s 20

amd 2014 No. 41 s 8

19Retention of document produced to forest officer

(1)This section applies if a forest officer makes a requirement under section 18(1)(e) (the requirement) for the production of a document.

(2)The document must be produced at the place and time stated in the requirement.

(3)The place stated in the requirement—

(a)may be other than the place where the document is ordinarily kept; but

(b)must be reasonable in the circumstances of the making of the requirement.

(4)The time stated in the requirement must be reasonable in the circumstances of the making of the requirement.

(5)To avoid any doubt, it is declared that—

(a)the document must be produced in its original form; and

(b)the forest officer may keep possession of the document for the time the forest officer reasonably requires to exercise the forest officer’s powers under section 18(1)(e).

(6)The forest officer may continue to keep possession of the document after the forest officer has finished exercising the forest officer’s powers under section 18(1)(e) if the forest officer is satisfied on reasonable grounds that continued retention of the document is necessary—

(a)for the purpose of an inquiry under section 18(1)(c); or

(b)to preserve the document as evidence for a prosecution for a contravention of this Act.

(7)Subsection (6)(a) does not authorise retention of the document after the end of—

(a)the time reasonably necessary to complete the inquiry; or

(b)the first 6 months after the production of the documents.

(8)Subsection (6)(b) does not authorise retention of the document after the end of—

(a)if a prosecution for the contravention mentioned in subsection (6)(b) is started within the first 6 months after the production of the document—the prosecution for the contravention and any appeal from the prosecution; or

(b)if paragraph (a) does not apply—the 6 months mentioned in paragraph (a).

(9)Until the document is returned, the forest officer must allow a person who would be entitled to possession of it, if it had not been retained by the forest officer, to inspect it and make copies of it.

s 19 prev s 19 amd 1990 No. 80 s 3 sch 7

om 1992 No. 15 s 13 sch

pres s 19 ins 1997 No. 78 s 33

20Retention of document produced to plantation officer

(1)This section applies if a plantation officer makes a requirement under section 18A(2)(b) (the requirement) for the production of a document.

(2)The document must be produced at the place and time stated in the requirement.

(3)The place stated in the requirement—

(a)may be other than the place where the document is ordinarily kept; but

(b)must be reasonable in the circumstances of the making of the requirement.

(4)The time stated in the requirement must be reasonable in the circumstances of the making of the requirement.

(5)To avoid any doubt, it is declared that—

(a)the document must be produced in its original form; and

(b)the plantation officer may keep possession of the document for the time the plantation officer reasonably requires to exercise the plantation officer’s powers under section 18A(2)(b).

(6)Until the document is returned, the plantation officer must allow a person who would be entitled to possession of it, if it had not been retained by the plantation officer, to inspect it and make copies of it.

s 20 prev s 20 amd 1990 No. 80 s 3 sch 7

om 1992 No. 15 s 13 sch

pres s 20 ins 2010 No. 12 s 21

21Officers not to trade in timber etc.

(1)No officer in the officer’s personal capacity shall become in any way concerned or interested in any lease, permit, or licence, or other similar right or authority granted under this Act or under any enactment repealed by this Act or in any contract or agreement made under or for any of the purposes of this Act or in anywise participate or claim to be entitled to participate in the profit thereof or in any benefit or emolument arising therefrom.

(2)However, an officer may, with the consent in writing of the chief executive first had and obtained, purchase, on such terms as the chief executive deems fit, forest products and quarry material the property of the Crown for the officer’s own personal use and enjoyment.

(3)In this section—

officer includes plantation officer.

s 21 amd 1992 No. 15 s 13 sch; 2010 No. 12 s 22

pt 3 hdg amd 1968 No. 33 s 7; 1991 No. 13 s 5

23Classification of lands

The chief executive shall from time to time cause to be made inspections and surveys of any lands within the State for the purpose of ascertaining whether or not such lands are suitable to be set apart under and for the purposes of this Act.

s 23 amd 1971 No. 25 s 5; 1982 No. 73 s 41; 1992 No. 15 s 13 sch

25Power to set apart and declare State forests

The Governor in Council may, by regulation, set apart and declare as a State forest—

(a)any Crown land; or

(b)any land that is, or is part of, a timber reserve; or

(c)any land that is, or is part of, a forest reserve under the Nature Conservation Act 1992.

Note—

See the Nature Conservation Act 1992, section 70G.

s 25 amd 1992 No. 15 s 13 sch; 1992 No. 68 s 3 sch 1; 2013 No. 55 s 10

25AParticular forest reserve land set apart and declared as State forest

(1)This section applies if forest reserve land is set apart and declared as a State forest.

(2)The land ceases to be land in a forest reserve under the Nature Conservation Act 1992.

(3)On the setting apart and declaring of the land as State forest—

(a)this Act applies to the land and its management; and

(b)the Nature Conservation Act 1992, section 70G does not apply to the land.

(4)This section applies despite the Nature Conservation Act 1992, section 70G(4).

(5)To remove any doubt, it is declared that the setting apart and declaration of the land as a State forest does not extinguish or affect native title or native title rights and interests in relation to the land.

(6)In this section—

forest reserve land means land that—

(a)is, or is part of, a forest reserve under the Nature Conservation Act 1992; and

(b)is land to which the Nature Conservation Act 1992, section 70G applies.

s 25A ins 2013 No. 55 s 11

26Restriction on alienation etc.

(1)The setting apart and declaration of a State forest by or under this Act shall not be revoked in whole or in part except under the authority of and in accordance with the provisions of subsection (2) or section 32.

(1A)No land comprised in a State forest shall be excluded therefrom, leased, or dealt with otherwise howsoever except under the authority of and in accordance with the provisions of this Act.

Notes—

1See the Petroleum and Gas (Production and Safety) Act 2004, section 437A(1) for the creation of an easement for a pipeline licence holder under that Act over land that is a State forest.

2See also the Forest Wind Farm Development Act 2020 for the giving of an access licence under that Act, or a lease under the Land Act 1994, for land that is a State forest.

(2)Revocation of declaration
The setting apart and declaration by or under this Act of land as a State forest may be revoked in whole or in part in the following manner—

(a)the Governor in Council shall cause to be laid on the table of the Legislative Assembly a proposal for such revocation;

(b)after such proposal has been laid before the Legislative Assembly, the Governor in Council, on a resolution whereof not less than 14 days notice shall have been given being passed by the Legislative Assembly that such proposal be carried out, shall, by regulation, revoke such setting apart and declaration in accordance with that resolution.

(3)Subsection (2) does not apply to a regulation that merely—

(a)sets apart and declares a State forest and an area of Crown land, or a timber reserve, as a State forest; or

(b)sets apart and declares contiguous State forests as a single State forest; or

(c)divides a State forest into 2 or more State forests.

s 26 amd 1992 No. 68 s 3 sch 1; 2013 No. 18 s 5; 2020 No. 28 s 63

27Amalgamation etc. of State forests

The Governor in Council may, by regulation—

(a)set apart and declare a State forest and an area of Crown land, or a timber reserve, as a State forest; or

(b)set apart and declare contiguous State forests as a single State forest; or

(c)divide a State forest into State forests.

s 27 amd 1968 No. 33 s 8; 1976 No. 9 s 2; 1991 No. 13 s 6

sub 1992 No. 68 s 3 sch 1

28Power to set apart and declare timber reserves

(1)The Governor in Council may, by regulation made before 30 June 2014—

(a)set apart any Crown land as a timber reserve; or

(b)set apart a timber reserve and an area of Crown land as a timber reserve; or

(c)set apart contiguous timber reserves as a single timber reserve.

(3)The setting apart by or under this Act of any land as a timber reserve shall not be rescinded or amended, in whole or in part, except under the authority and in accordance with the provisions of subsection (4) or section 32.

(3A)However, the setting apart of a timber reserve or part thereof under this Act as a State forest, shall without further or other authority revoke accordingly the whole or that part of the setting apart under this Act of the land as a timber reserve.

(4)Revocation of timber reserves
Where the Governor in Council is satisfied that, having due regard to the objects and purposes of this Act, it is expedient to revoke in whole or in part the setting apart of any land as a timber reserve, then the Governor in Council may, by regulation, revoke wholly or in part such setting apart as a timber reserve.

s 28 amd 1964 No. 15 s 3; 1968 No. 33 s 9; 1976 No. 9 s 3; 1992 No. 15 s 13 sch; 1992 No. 68 s 3 sch 1; 2013 No. 55 s 12

32Land for tourist purposes or use as road

(1)A regulation may revoke, in whole or in part, the setting apart and declaration of land as a State forest or timber reserve.

(2)In recommending the Governor in Council make the regulation, the Minister must—

(a)be satisfied, having regard to the purposes of this Act and the public interest, it is desirable to make land in the State forest or timber reserve available for—

(i)providing accommodation or recreational facilities for encouraging or promoting the tourist industry; or

(ii)opening as a road, or applying the land for use as a road, for public use; and

(b)have regard to access and other matters relating to the proper management of the remaining land in the State forest or timber reserve.

(3)Land excluded from a State forest or timber reserve under subsection (1)—

(a)is unallocated State land; and

(b)must be dealt with in a way consistent with the purpose for which the land was excluded.

s 32 amd 1964 No. 15 s 5; 1968 No. 33 s 15; 1982 No. 73 s 45; 1992 No. 15 s 13 sch; 1992 No. 68 s 3 sch 1

sub 2002 No. 72 s 13

32AAChief executive to lodge document for setting apart and declaration or change

(1)This section applies if a regulation is made under this part for—

(a)the setting apart and declaration of a State forest or timber reserve; or

(b)the revocation, amalgamation or other change to a State forest or timber reserve.

(2)The chief executive must lodge for registration with the registrar of titles a document evidencing the setting apart and declaration, revocation, amalgamation or other change.

(3)The document must—

(a)be lodged as soon as practicable after the regulation is made; and

(b)comply with any requirements of the registrar of titles.

(4)If a revocation, amalgamation or other change to a State forest or timber reserve affects a part of a lot within the meaning of the Land Act 1994, the document lodged must be accompanied by a plan of subdivision for the change.

s 32AA ins 2010 No. 12 s 23

sub 2011 No. 31 s 317

amd 2021 No. 12 s 148 sch 3

pt 3A hdg ins 2010 No. 12 s 24

32ADeclaration of land as State plantation forest

(1)A regulation may declare a stated area of land that is a State forest to be a State plantation forest.

(2)If land that is State plantation forest stops being a State forest or part of a State forest, the declaration of the land as a State plantation forest is taken to have been revoked.

(3)To remove any doubt, it is declared that the declaration of land as a State plantation forest does not affect the status of the land as State forest.

s 32A ins 2010 No. 12 s 24

32BParticular areas of conservation value to be removed from State plantation forest

Each area of land in the State plantation forest specified for a locality mentioned in column 1 of the following table in a plan mentioned in column 2 of the table stops being State plantation forest on the day specified for the area in column 3 of the table.

Column 1 Locality	Column 2 Plan	Column 3 Day area stops being State plantation forest
Palen Creek	Lots A,B & C on PLP0200	1 July 2030
Palen Creek	Lot A & B on PLP0359	1 July 2030
Mount Mee	Lot J on PLP0893	1 July 2040
Yurol	Lot I on PLP0952	1 July 2030
Brooweena	Lot N on PLP1294	1 July 2030
Bulburin	Lot A on PLP0391	1 July 2030
Wongabel	Lots A, B, C & D on PLP0191	1 July 2050
Goodnight Scrub	Lots A, B, C, D, E, F, G & H on PLP0169	1 July 2030

Editor’s note—

Copies of plans mentioned in this table may be obtained for a fee at the head office of the department in Brisbane when it is open for business.

s 32B ins 2010 No. 12 s 24

amd 2015 No. 15 s 79; 2020 No. 3 s 112

32CQuarrying in State plantation forest

(1)The chief executive may not get or authorise a person to get a total of 5,000t or more of quarry material, in a year, from an area within a State plantation forest.

(2)This section does not apply in relation to a person who is—

(a)a plantation licensee; or

(b)a plantation sublicensee; or

(c)the proponent for a development agreement under the Forest Wind Farm Development Act 2020 if the quarry material is taken from project area A.

s 32C ins 2010 No. 12 s 24

amd 2020 No. 28 s 64

pt 4 hdg sub 1974 No. 33 s 7

pt 4 div 1 hdg ins 2014 No. 41 s 47 sch 1

33Cardinal principle of management of State forests

(1)The cardinal principle to be observed in the management of State forests shall be the permanent reservation of such areas for the purpose of producing timber and associated products in perpetuity and of protecting a watershed therein.

(2)The chief executive must ensure each State forest is used and managed in the way the chief executive considers appropriate to achieve the purposes of this Act, having regard to—

(a)the benefits of permitting grazing in the area; and

(b)the desirability of conservation of soil and the environment and of protection of water quality; and

(c)the possibility of applying the area to recreational purposes.

s 33 sub 1976 No. 9 s 7

amd 1992 No. 15 s 13 sch; 2000 No. 26 s 12 sch 1; 2015 No. 15 s 80

34Use of State forests

(1)The chief executive in addition to all other powers conferred by this Act may from time to time for the purposes of the use and management of State forests—

(a)determine and cause to be put into operation the silvicultural system most suitable to the circumstances of any State forest; and

(b)make surveys including aerial and assessment surveys; and

(c)subject to the provisions of subsection (2), determine, in relation to the period specified in the determination, the maximum quantities of forest products of any kind or description which may be removed from any State forest or State forests during such period without impairing the permanent productive capacity of the State forest or State forests in question, and any such determination may from time to time be altered, varied or rescinded; and

(d)make roads and tracks thereon; and

(e)undertake and carry out nursery operations thereon; and

(f)undertake, carry out and maintain thereon protection works of every kind and description whatsoever; and

(g)purchase, hire or rent plant, equipment, means or rights of access, or any other thing which the chief executive deems necessary; and

(h)construct, build, erect, operate, or place thereon buildings, structures and other improvements (including but without limiting the generality hereof bridges, fences, fire lookouts, fire sheds, garages, houses, jetties, nurseries, offices, ranches, radio stations, storerooms, water supplies, wharves, workshops, workers’ accommodation and telephone lines) and may furnish, equip, repair, improve and maintain the same; and

(i)let or lease any buildings, structures or other improvements thereon on such terms and conditions as the chief executive deems fit; and

(j)promote and encourage the use of a State forest or any part or parts thereof for recreational purposes.

(2)Any determination thereof by the chief executive of the maximum quantities of forest products of any kind or description which may be removed from any State forest or State forests during any specified period or any alteration, variation or rescission of any such determination shall be subject to the approval of the Minister.

(2A)Upon the approval of any such determination, or any alteration or variation thereof, forest products of any kind or description specified in the determination shall not during the period specified therein be removed from the State forest or State forests in question in excess of the maximum quantities thereof specified in the determination or, in the case of any alteration or variation thereof as aforesaid, in the determination as so altered or varied.

(2B)Subsections (1)(a) and (c), (2) and (2A) do not apply to natural resource product in a licence area.

(3)Notwithstanding any lease, licence, permit or other right or authority (other than a plantation licence) granted under this or any other Act, the chief executive may within any State forest from time to time construct, carry out, improve, maintain, operate, protect, control, and otherwise manage any silvicultural or other works of any description whatsoever which the chief executive considers necessary or desirable for the proper utilisation and management of the State forest or to carry out the objects and purposes of this Act (whether in relation to the State forest or not).

s 34 amd 1976 No. 9 s 8; 1984 No. 86 s 17; 1992 No. 15 s 13 sch; 2000 No. 26 s 12 sch 1; 2010 No. 12 s 26; 2015 No. 15 s 81

34AARegulation of use of State forests etc. by notices

(1)This section applies to the whole or a part of a State forest, timber reserve or forest entitlement area (a relevant area).

(1A)The chief executive may, in relation to the relevant area, display notices for the purpose of regulating or prohibiting—

(a)the use of the relevant area by people; or

(b)vehicles or a specified class of vehicles using the relevant area; or

(c)animals or a specified class of animals being brought into the relevant area; or

(d)lighting, keeping or using a fire, or a particular type of fire, in—

(i)a State forest or timber reserve; or

(ii)a particular part of a State forest or timber reserve; or

(e)using stoves, barbecues, lamps, lanterns or other appliances in—

(i)a State forest or timber reserve; or

(ii)a particular part of a State forest or timber reserve; or

(f)entering a dam, lake or watercourse in a State forest or timber reserve; or

(g)going onto a bed or bank of a dam, lake or watercourse in a State forest or timber reserve.

(2)Without limiting the generality of subsection (1A), the chief executive may authorise the display of regulatory notices in the form of official traffic signs.

(3)A regulatory notice—

(a)may be displayed within, or near the entrances to, the relevant area to which the notice relates; and

(b)must specify or indicate a particular requirement or particular requirements to be complied with by persons entering, or in, the relevant area; and

(c)may expressly state that a contravention of a requirement contained on the notice constitutes an offence against this Act.

(4)A regulatory notice referred to in subsection (2) is, for the purposes of subsection (3)(b), taken to contain the direction or indication given by the corresponding official traffic sign.

(5)A person must not knowingly or recklessly contravene or fail to comply with a requirement contained on a regulatory notice.

(6)Evidence that a regulatory notice was displayed at a place referred to in subsection (3)(a) is evidence that the notice was so displayed with the authority of the chief executive.

s 34AA ins 1991 No. 13 s 7

amd 1992 No. 15 s 13 sch; 2000 No. 26 s 12 sch 1; 2014 No. 41 s 9

34ABDisplaying information notices with regulatory notices

(1)This section applies if the chief executive displays a regulatory notice, other than an official traffic sign, in a State forest, timber reserve or forest entitlement area (a relevant area).

(2)A regulatory notice is—

(a)a notice under section 34AA that does not include a statement mentioned in section 34AA(3)(c); or

(b)a notice under section 34G(1).

(3)The chief executive must display another notice (a forest information notice) stating that the contravention of a requirement in a regulatory notice is an offence.

(4)The forest information notice must be displayed near each entrance to the relevant area.

(5)The chief executive may display a forest information notice at any other place that the chief executive considers appropriate.

(6)The chief executive must take reasonable steps to ensure a forest information notice—

(a)continues to be displayed while the regulatory notice is displayed; and

(b)is properly maintained.

(7)The chief executive may include in a forest information notice any information about the relevant area that the chief executive considers appropriate.

s 34AB ins 1991 No. 13 s 7

amd 1992 No. 15 s 13 sch; 2000 No. 26 s 12 sch 1

sub 2014 No. 41 s 10

34ASpecialised management within State forests

The Governor in Council may, by regulation—

(a)declare the whole or a part of a State forest, other than a State plantation forest, to be a feature protection area, scientific area or State forest park; or

(b)declare a part of a State forest, other than a State plantation forest, to be a forest drive.

s 34A ins 1984 No. 86 s 18

sub 1992 No. 15 s 13 sch

amd 1992 No. 68 s 3 sch 1; 2010 No. 12 s 27

34BApplication of Transport Operations (Road Use Management) Act 1995 and Heavy Vehicle National Law (Queensland)

For the Transport Operations (Road Use Management) Act 1995 and the Heavy Vehicle National Law (Queensland), a feature protection area, scientific area, State forest park or forest drive is taken not to be a public place.

s 34B ins 1984 No. 86 s 18

sub 2001 No. 57 s 3 sch

amd 2011 No. 6 s 142 sch; 2013 No. 26 s 105 sch 1

34CFeature protection area

The chief executive—

(a)must ensure a feature protection area is used and managed so that the features thereof which gave rise to its declaration as such under this Act continue to exist; and

(b)may provide roads and paths for the purpose of enabling persons generally to travel to, within and from a feature protection area; and

(c)may provide picnic and other facilities for the use of persons generally within a feature protection area.

s 34C ins 1984 No. 86 s 18

amd 1992 No. 15 s 13 sch; 2000 No. 26 s 12 sch 1; 2015 No. 15 s 82

34DState forest park

The chief executive—

(a)must ensure a State forest park is used and managed with a view to maintaining its forest setting; and

(b)shall provide roads and paths for the purpose of enabling persons generally to travel to, within and from a State forest park; and

(c)shall provide such recreational facilities as to the chief executive seem appropriate in a State forest park; and

(d)may cause to be erected and maintained at each entrance to and also within a State forest park such number of signs as to the chief executive seem desirable showing details of the recreational activities for which facilities are available within the park.

s 34D ins 1984 No. 86 s 19

amd 1992 No. 15 s 13 sch; 2000 No. 26 s 12 sch 1; 2015 No. 15 s 83

34EScientific area

(1)The chief executive—

(a)must ensure a scientific area is used and managed to preserve it as a sample of the natural environment of the State forest concerned; and

(b)may permit persons, who in the chief executive’s opinion are suitably qualified, to study the nature and environment of a scientific area; and

(c)may carry out or allow to be carried out in any scientific area any works which the chief executive considers necessary or desirable.

(2)Permission given pursuant to subsection (1)(b) shall be in writing and may be given subject to such provisions, reservations and conditions as the chief executive considers appropriate.

(3)A person who contravenes or fails to comply with a provision, reservation or condition of a permit given to the person pursuant to subsection (1)(b) commits an offence.

s 34E ins 1984 No. 86 s 19

amd 1991 No. 13 s 8; 1992 No. 15 s 13 sch; 2000 No. 26 s 12 sch 1; 2015 No. 15 s 84

34FForest drive

The chief executive—

(a)shall provide upon a forest drive a road for the purpose of enabling persons generally to travel along the route of the forest drive; and

(b)may provide on a forest drive such facilities as to the chief executive seem desirable for the use and enjoyment of persons generally; and

(c)may cause to be erected and maintained within a State forest such number of signs as to the chief executive seem desirable with a view to informing persons generally of the existence and route of a forest drive.

s 34F ins 1984 No. 86 s 20

amd 1992 No. 15 s 13 sch; 2000 No. 26 s 12 sch 1; 2015 No. 15 s 85

34GRegulating movement of vehicles on feature protection areas etc.

(1)The chief executive may, by erecting a notice or notices on or adjacent to any feature protection area, State forest park or forest drive, regulate and prohibit the movement of vehicles thereon.

Note—

Also see section 34AA for the regulation of vehicles in State forests etc.

(1A)A notice erected under subsection (1) may be in the form of an official traffic sign and, in such a case, is taken to contain a provision that is the same as the direction or indication given by the corresponding official traffic sign.

(2)A person who fails to comply with or contravenes a provision of a notice mentioned in subsection (1) commits an offence.

(2A)Evidence that a notice was erected on or adjacent to a place referred to in subsection (1) is evidence that the notice was so erected by the chief executive.

(3)Section 73(1)(e) does not apply to a person who traverses a State forest or part thereof that is a feature protection area, State forest park or forest drive.

(4)A person shall not on any feature protection area, State forest park or forest drive—

(a)drive or ride a vehicle—

(i)in any manner that would cause that vehicle to swerve, veer or turn violently without reasonable cause;

(ii)at such speed or in such other manner as may endanger himself or herself or endanger or inconvenience any other person;

(iii)in such a manner that an unreasonable amount of damage (having regard to the conditions existing at the time) is caused to any part of the feature protection area, State forest park or, as the case may be, forest drive;

(b)use a vehicle in such a manner as is likely to cause annoyance to any person.

s 34G ins 1984 No. 86 s 20

amd 1991 No. 13 s 9; 1992 No. 15 s 13 sch; 2000 No. 26 s 12 sch 1; 2014 No. 41 s 11

34HCamping notices

(1)The chief executive may display a camping notice in a State forest (other than a State plantation forest) near each entrance to the State forest.

(2)A camping notice is a notice that states the following—

(a)the State forest, or a part of the State forest, is for the period specified in the notice—

(i)an e-permit camping area; or

(ii)a self-registration camping area;

(b)the procedures, in general terms, to be followed by a person intending to camp in the area;

(c)the conditions applying to a person camping in the area;

(d)the penalty for camping in the area without a permit;

(e)the location of the permit distribution points (if any) for the area.

(3)Also, if the notice is for a self-registration camping area, the notice must state the fee (the camping fee) prescribed by regulation as payable for camping in the area.

(4)The chief executive may also display another notice at or near an e-permit camping area or self-registration camping area that states conditions applying to a person camping in the camping area that are additional to the conditions stated in the camping notice.

s 34H ins 1991 No. 13 s 10

amd 1992 No. 15 s 13 sch; 2000 No. 26 s 12 sch 1; 2007 No. 36 s 2 sch; 2010 No. 12 s 28

sub 2014 No. 41 s 12

34ICamping forms for self-registration camping areas

(1)The chief executive must provide camping forms, and a sealed secure container (a camping fee container) in a conspicuous and easily accessible place in a self-registration camping area.

(2)A camping form is a form that states the procedures, in general terms, to be followed by a person intending to camp in the self-registration camping area.

(3)A camping form must include—

(a)a detachable section (a camping tag) that has a space for a person who is granted a camping permit to write—

(i)the person’s name; and

(ii)an identifying number for the camping permit; and

(b)a detachable envelope (a camping fee envelope) that includes a section to allow a person to pay camping fees by credit card.

s 34I ins 2014 No. 41 s 13

34JCamping tags for e-permit camping areas

(1)The chief executive must make camping tags available at a conspicuous and easily accessible place (a permit distribution point) near an e-permit camping area.

(2)Each camping tag must contain a space for a person who is granted a camping permit to write—

(a)the person’s name; and

(b)an identifying number for the camping permit.

(3)The chief executive must—

(a)publish, on the department’s website, the location of the permit distribution points; and

(b)for a camping permit applied for by phone—ensure the person to whom the camping permit is granted is advised of the location of the permit distribution points.

s 34J ins 2014 No. 41 s 13

pt 4 div 2 hdg ins 2014 No. 41 s 47 sch 1

pt 4 div 2 sdiv 1 hdg ins 2014 No. 41 s 47 sch 1

35Granting of permit for land within State forest or timber reserve

(1)With respect to any land comprised in any State forest or timber reserve the chief executive may from time to time grant, subject to such provisions, reservations and conditions as the chief executive thinks fit—

(a)permits to occupy for a term fixed by the chief executive (occupation permits); or

(b)camping permits; or

(c)permits to graze stock (stock grazing permits) for a term fixed by the chief executive that—

(i)generally—is no more than 10 years; or

(ii)if the permit is for land in an SEQFA forest reserve—ends no later than 31 December 2024; or

(d)permits for apiary sites for a term fixed by the chief executive (apiary permits).

(2)If the term of a stock grazing permit, other than a stock grazing permit for land in an SEQFA forest reserve, has been fixed at less than 10 years the chief executive may, from time to time, extend the same for such term as the chief executive thinks fit but so that the term originally fixed and any extension or extensions thereof shall not, in the aggregate, exceed 10 years.

(2A)If a plantation licensee, plantation sublicensee, plantation manager or plantation officer (the decision maker) exercising power delegated to the decision maker under section 96B makes a decision under subsection (1) or (2), the decision maker must advise the applicant for the permit or the extension of the permit that the applicant may apply for a review of the decision under section 83A within 28 days if the applicant is dissatisfied with the decision.

(3)The chief executive may extend the term of a stock grazing permit granted over land in an SEQFA forest reserve for a term that ends no later than 31 December 2024.

(4)Despite subsections (1) to (3), no permit to which this section relates shall be granted or extended or subjected to any provision or condition unless the chief executive is satisfied that the objects of this Act would not be thereby prejudiced or opposed.

(5)Special leases of land within State forests
A term lease under the Land Act 1994 may be granted over land in a State forest and for the purpose of this subsection such land shall be deemed to be land reserved and set apart for public purposes, and the provisions of that Act so far as they are not inconsistent with so much of this Act as relates to State forests shall extend and apply to all such special leases accordingly.

(6)However, the term lease must not be granted and, if granted, must not be extended or renewed, unless the chief executive is satisfied the objects of this Act would not be prejudiced or opposed by the lease, including any conditions to be included in the lease.

(6A)If a term lease granted under subsection (5) is a rolling term lease under the Land Act 1994, its term may be extended under that Act only with the agreement of the chief executive and only after the chief executive considers the extension under subsection (6).

(7)In this section—

SEQFA forest reserve means a forest reserve under the Nature Conservation Act 1992 the dedication of which was in force immediately before the commencement of this definition.

s 35 amd 1964 No. 15 s 6; 1972 No. 31 s 6 sch 1; 1982 No. 23 s 70; 1984 No. 86 s 21; 1992 No. 15 s 13 sch; 1994 No. 81 s 527 sch 5; 2000 No. 26 s 12 sch 1; 2001 No. 57 s 3 sch; 2005 No. 53 s 100; 2010 No. 12 s 29; 2013 No. 18 s 6; 2014 No. 29 s 9; 2014 No. 41 s 14

35AWhen camping permit is taken to have been granted

(1)This section applies if a person applies for a camping permit—

(a)over the internet, using a website authorised by the chief executive; or

(b)over the phone, using a phone number authorised by the chief executive; or

(c)by filling in a camping form (self-registration) for a self-registration camping area.

(2)If a person applies over the internet, the camping permit is taken to have been granted when the identifying number for the permit is displayed on the website.

(3)If a person applies over the phone, the camping permit is taken to have been granted when the person is advised over the phone of the identifying number for the permit.

(4)If a person applies by self-registration, the camping permit is taken to have been granted when—

(a)the person fills in a camping form for the self-registration camping area, in the way stated on the form; and

(b)the person—

(i)puts the camping fee, either in cash or a cheque, in the camping fee envelope together with the part of the form designed to accompany the camping fee; or

(ii)fills in the credit card payment section of the camping fee envelope; and

(c)if the person pays by cash or cheque, the person seals the envelope; and

(d)the person puts the envelope in the camping fee container.

(5)However, if—

(a)a person pays for a camping permit by cheque, and the cheque is dishonoured; or

(b)a person pays for a camping permit by credit card, and the person’s financial institution does not authorise the payment;

the camping permit is taken not to have been granted.

s 35A ins 1991 No. 13 s 11

amd 1992 No. 15 s 13 sch; 2000 No. 26 s 12 sch 1; 2002 No. 72 s 14

sub 2014 No. 41 s 15

35BChief executive must issue camping tags

(1)This section applies if a person applies directly to the chief executive for a camping permit and the chief executive grants the person a permit under section 35.

(2)The chief executive must issue the person a camping tag for use with the permit when the permit is granted.

s 35B ins 2014 No. 41 s 15

35CNumber of people, period and conditions of camping permit

(1)A camping permit for an e-permit camping area or self-registration camping area is taken to be granted to a person for—

(a)the number of people, and the number of days, stated by the person when applying for the permit; and

(b)the period when the area that is the subject of the permit is an e-permit camping area or self-registration camping area.

(2)However, the number of people and period for the camping permit is taken to be not more than—

(a)the maximum number of people stated on a camping notice for the e-permit camping area or self-registration camping area; and

(b)30 days or, if the camping notice states a shorter period, the shorter period.

(3)The camping permit is subject to the conditions stated in the camping notice and any additional conditions notice.

(4)In this section—

additional conditions notice means a notice under section 34H(4).

s 35C ins 2014 No. 41 s 15

36Dealings with respect to timber reserves

(1)Subject to this Act, a lease or permit may be granted under the Land Act 1994 with respect to any timber reserve or any part thereof.

(2)For the purpose of the grant, extension or renewal of any lease authorised by this section the land to be made subject to such lease, extension or renewal shall be deemed to be land reserved and set apart for public purposes and for the purpose of the grant, extension or renewal of any licence authorised by this section the land with respect to which the licence is to be granted, extended or renewed shall be deemed to be Crown land.

(3)A lease mentioned in subsection (1) may be granted, extended or renewed subject to conditions.

(4)If a term lease granted under subsection (1) is a rolling term lease under the Land Act 1994, its term may be extended under that Act only with the agreement of the chief executive.

s 36 sub 1964 No. 15 s 7

amd 1992 No. 15 s 13 sch; 1994 No. 81 s 527 sch 5; 2014 No. 29 s 10

37Particular authorities over State forest, timber reserve or forest entitlement area

(1)The Governor in Council or the chief executive may impose provisions, reservations or conditions on the grant of a mining lease, exploration permit, mineral development licence, authority to prospect or petroleum lease under the Mining Acts, a geothermal tenure under the Geothermal Act or a GHG authority under the GHG storage Act.

(2)In the case of any such lease, permit licence or authority over the whole or a part of a State forest, timber reserve or forest entitlement area (a relevant area) the lease, permit licence or authority may be so granted subject to such provisions, reservations and conditions (including conditions as to securing payment to the chief executive for any loss and any damage to the relevant area and to any works thereon the property of the State) as the Governor in Council or the chief executive, as the case may be, may fix for the purpose of the protection of the State and of the relevant area and all works thereon (if any) the property of the State.

(2A)The Governor in Council or the chief executive, as the case may be, may, in addition to or in lieu of fixing any such conditions, require such sum to be deposited with the chief executive as will, in the Governor in Council’s or chief executive’s opinion, be sufficient to meet all loss or damage to the relevant area and to all works thereon (if any) the property of the State by reason of the grant of the lease, permit licence or authority.

(2B)The lessee or holder of any such lease, permit, licence or authority over a relevant area or any part thereof shall be liable to the State for any loss and any damage to the relevant area and to any works thereon vested in or under the control of the State by reason of the grant of the lease, permit, licence or authority and such loss or damage or loss and damage may be recovered by the State by action as for a debt in any court of competent jurisdiction or as otherwise prescribed.

(3)The lessee or holder of any such lease, permit licence or authority over a relevant area or any part thereof shall be liable to pay to the chief executive the royalty, stumpage or other fees or charges payable in respect of any timber cut or interfered with in or on the area of any such lease, permit licence or authority, notwithstanding that such timber may have been utilised for the purposes of such lease, permit licence or authority and notwithstanding any provisions of the Mining Acts, the Geothermal Act and the GHG storage Act to the contrary.

(4)The Mining Acts, the Geothermal Act and the GHG storage Act shall be read subject to the provisions of this section.

(5)Subsections (2B) and (3) do not limit—

(a)the matters for which compensation is payable; or

(b)the amount of compensation payable; or

(c)the persons to whom compensation is payable;

under the Mining Acts and the GHG storage Act.

s 37 amd 1974 No. 33 s 8; 1990 No. 80 s 3 sch 7; 1992 No. 15 s 13 sch; 2000 No. 26 s 12 sch 1; 2009 No. 3 s 478; 2010 No. 12 s 30; 2010 No. 31 s 585 sch 2pt 4; 2014 No. 41 s 16

39Interfering with forest products on State forests etc.

(1)A person shall not interfere with, or cause to be interfered with, any forest products on any State forest, timber reserve or forest entitlement area except under the authority of and in compliance in every respect with the requirements of—

(a)a lease, licence, permit, agreement or contract granted or made under this Act, the Land Act 1994, the Mining Acts, the Geothermal Act or the GHG storage Act; or

(b)a permit to light a fire on a licence area under the Fire and Emergency Services Act 1990, section 65.

Maximum penalty—

(a)for a first offence—1,000 penalty units; and

(b)for a subsequent offence—3,000 penalty units.

(2)This section does not apply to—

(a)a person performing duties under this Act acting in the administration of this Act; or

(b)a person acting under a plantation licence, plantation sublicence or related agreement or in accordance with an agreement entered into with a plantation licensee or plantation sublicensee.

s 39 amd 1974 No. 33 s 9; 1991 No. 13 s 12; 1992 No. 15 s 13 sch; 1997 No. 20 s 6; 2009 No. 3 s 479; 2010 No. 12 s 31; 2010 No. 31 s 585 sch 2pt 4; 2014 No. 17 s 184 sch 1pt 2

39AForest entitlement areas and forest consent areas

(1)The cardinal principle to be observed in the administration of forest entitlement areas and forest consent areas shall be the utilisation and management of such areas for the production of indigenous timber and associated products in perpetuity and the chief executive must ensure forest entitlement areas and forest consent areas are used and managed in such manner as appears to the chief executive most appropriate to achieve that purpose and, in doing so, the chief executive shall endeavour to have the person with whom there subsists at the material time an agreement made pursuant to this section participate in the protection and silviculture treatment of the timber thereon under the supervision of the chief executive.

(2)In addition to all other powers conferred on the chief executive by this Act, for the purpose of using and managing a forest entitlement area or forest consent area the chief executive—

(a)shall have free right of access including ingress, egress and regress, for the chief executive or persons performing functions under this Act or persons authorised by the chief executive to and from the area including rights of ingress, egress and regress in, into, over, upon, along, across and out of the area and such other part of the freeholding lease or deed of grant concerned as are agreed to by the lessee or owner of the land or, failing such agreement, as will cause in the opinion of the chief executive as little damage as possible to the land and as little inconvenience as possible to the lessee or owner thereof;

(b)may—

(i)determine and cause to be put into operation the silvicultural system most suitable in the chief executive’s opinion to the circumstances of the area;

(ii)make or cause to be made surveys (including aerial surveys and assessment surveys) of the area;

(iii)determine the quantities and kinds of forest products that may be got, sold or removed from the area and the times at which the same may be got, sold or removed;

(iv)control, manage, work and protect the area and control, manage, work, protect, get, sell and remove forest products therein or thereon, and authorise other persons to do any of such things;

(v)determine and implement methods of managing, working, getting, selling or removing forest products in or on the area;

(vi)make on the area and on land in respect of which the chief executive has free right of access under paragraph (a) fire breaks and such formed and unformed tracks, bridges, culverts and other works as are necessary for the management, protection and getting of forest products in or on the area;

(vii)undertake, carry out and maintain on the area fencing and protection works of every kind and description;

(c)may—

(i)make an agreement with the lessee or owner of land that is or includes the area or with any person approved by the lessee or owner whereby the contracting party may participate in the protection and silvicultural treatment of the timber on the area, under the supervision of the chief executive, on the terms and conditions agreed to, which terms and conditions may provide for a sharing by the State and the contracting party of the proceeds of the sale of forest products in or on the area;

(ii)permit the contracting party to make and effect improvements and works of development in the area with the approval of the chief executive first had and obtained and on such terms and conditions as the chief executive considers appropriate;

(iii)permit the contracting party to do in the area such things as the chief executive approves and on such terms and conditions as the chief executive considers appropriate;

(iv)permit the destruction by the contracting party of such trees in the area as the chief executive determines on such terms and conditions as the chief executive considers appropriate;

(d)may, by agreement with the contracting party, cancel an agreement made pursuant to this section and make further such agreements with the person who was such contracting party and with 1 or more other persons being in each case the lessee or owner of land that is or includes the area or any part thereof or a person approved by the lessee or owner so that each further agreement relates to a part of the area;

(e)may cancel an agreement made with any person pursuant to this section by notice in writing given to the contracting party or in any other manner authorised by this Act, if the contracting party commits an offence or permits the commission of an offence against any provision of this Act, or fails to perform or comply with any term or condition of the agreement that binds the person whereupon (without prejudice to the operation of section 58) the rights, privileges and liabilities of the contracting party in respect of the area, that attached by reason of the person being a party to the agreement, shall cease, save for a liability on account of anything done or omitted by the person or on the person’s behalf before the cancellation of the agreement.

(3)The rights of a contracting party under an agreement made under this section and the obligation of a contracting party to perform such an agreement—

(a)shall not attach to the land of which the contracting party is lessee or owner and shall not pass with such land;

(b)shall not survive the contracting party;

(c)shall not be capable in law of being assigned and any purported assignment thereof shall be void;

(d)shall cease upon the contracting party being made bankrupt or otherwise taking advantage of the law relating to bankruptcy.

(4)An agreement under subsection (2)(c)(i) that applies to a forest consent area applies subject to the forest consent agreement for the forest consent area.

s 39A ins 1974 No. 33 s 10

amd 1990 No. 80 s 3 sch 7; 1991 No. 97 s 3 sch 2; 1992 No. 15 s 13 sch; 1994 No. 81 s 527 sch 5; 2000 No. 26 s 12 sch 1; 2014 No. 29 s 11

39BRights and liabilities of contracting party in respect of forest entitlement areas and forest consent areas

A contracting party—

(a)shall comply with all requirements of the chief executive in respect of the control, management, working and protection of the forest entitlement area or forest consent area, or part thereof, to which the agreement made with him or her pursuant to section 39A relates, and of the control, management, working, protection, getting, removal and sale of forest products therein or thereon;

(b)where the agreement made with the contracting party pursuant to section 39A provides for the contracting party sharing in the proceeds of sale of any forest products in or on the forest entitlement area or forest consent area to which the agreement relates, shall not be entitled to any amount on account of such proceeds until the forest products concerned have been sold and the proceeds of sale are in the hands of the State;

(c)subject to section 39A(3), shall have the rights and liabilities conferred or imposed on the contracting party by the agreement made with the contracting party pursuant to section 39A for as long as the agreement subsists.

s 39B ins 1974 No. 33 s 11

amd 1992 No. 15 s 13 sch; 2000 No. 26 s 12 sch 1; 2014 No. 29 s 12

39CInterpretation

In sections 39A and 39B—

contracting party means every party to a subsisting agreement made under section 39A in relation to a forest entitlement area or forest consent area, or any part thereof, or in relation to the management, control or use of such an area or part, or in relation to the forest products therein or thereon, being a person with whom the chief executive has made the agreement.

s 39C def contracting party amd 2014 No. 29 s 13

s 39C ins1974 No. 33 s 11

amd 1992 No. 15 s 13 sch; 2000 No. 26 s 12 sch 1

pt 4 div 2 sdiv 2 hdg ins 2014 No. 41 s 17

40AApplication to renew permit

(1)A person who holds a commercial activity permit may apply to the chief executive, before the permit expires, to renew the permit.

(2)The application must—

(a)be in the approved form; and

(b)include the information (if any) prescribed by regulation.

(3)The application must be accompanied by the fees, prescribed by regulation, for the application and the permit.

(4)If a person applies to renew a commercial activity permit in accordance with subsections (1) to (3), the permit continues in force until whichever of the following happens first—

(a)the application is decided;

(b)the application is withdrawn;

(c)3 months has elapsed after the day when the permit would otherwise have expired;

(d)the permit is suspended or cancelled.

s 40A prev s 40A ins 1968 No. 33 s 17

om 1982 No. 73 s 46 (b)

pres s 40A ins 2014 No. 41 s 17

40BAmending conditions of permit

(1)The chief executive may amend or omit a condition of a commercial activity permit, when the permit is renewed—

(a)at the request of the permit holder; or

(b)on the chief executive’s own initiative.

(2)However, the chief executive may amend a condition, subject to section 40C(3)(b), only if the chief executive reasonably considers the amendment is necessary—

(a)to provide for the safety of people or property; or

(b)to provide for the proper management of the area to which the permit relates; or

(c)because the permit holder did not comply with a condition of the existing permit; or

(d)to conserve or protect forest products or other cultural or natural resources of the area to which the permit relates.

s 40B prev s 40B ins 1968 No. 33 s 17

amd 1971 No. 25 s 10

om 1982 No. 73 s 46 (b)

pres s 40B ins 2014 No. 41 s 17

40CDeciding application to renew permit

(1)The chief executive may grant an application to renew a commercial activity permit (an existing permit) if—

(a)the chief executive is not aware of information that would prevent the applicant from being granted a new commercial activity permit; and

(b)the chief executive is satisfied the permit holder has in relation to the existing permit—

(i)given the chief executive the information prescribed by regulation; and

(ii)paid the fee for the existing permit or agreed to pay the fee by instalments and has complied with the agreement.

(2)Subsection (1)(b) does not apply to an application for an existing permit for filming or photography.

(3)If the chief executive grants the application—

(a)the chief executive must give the applicant a renewed commercial activity permit that is effective from the day after the permit would otherwise have expired; and

(b)the renewed commercial activity permit must not authorise the person to carry out any of the following—

(i)activities not authorised under the existing permit;

(ii)activities at locations not authorised under the existing permit;

(iii)activities to a scale (such as in relation to numbers of people, vehicles, structures or animals) that is greater than the scale of activities authorised under the existing permit.

(4)If the chief executive refuses to grant an application to renew a commercial activity permit, the chief executive must give the applicant a notice stating—

(a)the reasons for the refusal; and

(b)that the refusal does not stop the applicant from applying for a new commercial activity permit.

s 40C prev s 40C ins 1968 No. 33 s 17

amd 1974 No. 33 s 12

om 1982 No. 73 s 46 (b)

pres s 40C ins 2014 No. 41 s 17

40DCombined commercial activity permits

The chief executive may issue a document that combines a commercial activity permit with either or both of the following—

(a)a commercial activity permit granted under the Nature Conservation Act 1992;

(b)a commercial activity permit granted under part 4 of the Recreation Areas Management Act 2006.

s 40D prev s 40D ins 1968 No. 33 s 17

amd 1971 No. 25 s 11; 1972 No. 31 s 6 sch 1

om 1982 No. 73 s 46 (b)

pres s 40D ins 2014 No. 41 s 17

pt 6 hdg amd 2014 No. 41 s 18

pt 6 div 1 hdg ins 2014 No. 41 s 47 sch 1

43Application of pt 6 to forest products from a licence area

This part does not affect the rights of a plantation licensee or plantation sublicensee to deal with natural resource product, or to get and use quarry material, under part 6D or a plantation licence or plantation sublicence.

s 43 prev s 43 amd 1968 No. 33 s 20; 1971 No. 25 s 14; 1976 No. 80 s 93

om 1982 No. 73 s 46 (b)

pres s 43 ins 2006 No. 16 s 68 sch 1

sub 2010 No. 12 s 32

44Construction of other Acts etc.

(1)Unless otherwise indicated or provided, the provisions of every other Act or law (except the River Improvement Trust Act 1940), and every provision (excepting this part) of this Act shall be read and construed and shall have operation and effect, subject to this part.

(2)Furthermore every lease, licence, permit or other authority granted under any Act, whether before, on, or after the commencement of this Act, in relation to any Crown holding or any lease or other entitlement granted under the Mining Acts, the Geothermal Act or the GHG storage Act shall be read and construed so as not to limit the operation and effect of, but so as to be subject to, this part.

(3)However, no provision of a permit or licence under this part shall authorise or be deemed to authorise the destruction of any tree contrary to any prohibition against its destruction imposed by or pursuant to the River Improvement Trust Act 1940.

s 44 amd 2009 No. 3 s 480; 2010 No. 31 s 585 sch 2pt 4

pt 6 div 2 hdg ins 2014 No. 41 s 47 sch 1

45Forest products etc. which are the property of the Crown

(1)Except where otherwise expressly provided by some other Act and without prejudice to the powers of any local government had and exercisable in respect of forest products or quarry material on any road under its control which powers howsoever shall not be taken to authorise or empower the local government to sell, without the consent of the chief executive, any such forest products and quarry material, it is hereby declared that in addition to all forest products on State forests and timber reserves, the following shall at all times be presumed to be the absolute property of the Crown, unless and until the contrary is proved—

(a)all forest products and quarry material on all Crown lands;

(b)all forest products and quarry material on all lands granted in trusts or reserved for or dedicated to public purposes (including all roads save State-controlled roads under the Transport Infrastructure Act 1994);

(d)all quarry material—

(i)other than topsoil, in all leases, containing an entitlement to a deed of grant in fee simple, held under the Land Act 1994 if granted after 31 December 1991, unless the lessee was the owner of that material at that time; and

(ii)in all deeds of grant containing a reservation of quarry materials under the Land Act 1994;

(e)all forest products and quarry material on all forest entitlement areas and on all Crown holdings at all times;

(ea)all forest products on all forest consent areas at all times;

(f)all forest products or quarry material on lands the property of the Crown comprised in any lease or other entitlement granted under the Mining Acts, the Geothermal Act or the GHG storage Act;

(g)commercial species of timber on a lease subject to an agreement between the Minister and a lessee for commercial timber on the land under the Land Act 1994.

(2)Subsection (1) does not affect the operation of the Mineral Resources Act 1989, section 236.

s 45 amd 1964 No. 15 s 9; 1968 No. 33 s 21; 1974 No. 33 s 13; 1982 No. 17 s 17; 1991 No. 83 s 91; 1992 No. 15 s 13 sch; 1992 No. 20 s 159 sch 2 (amd 1994 No. 42 s 2 sch); 1992 No. 64 s 3 sch 1; 1994 No. 81 s 527 sch 5; 2000 No. 26 s 12 sch 1; 2009 No. 3 s 481; 2010 No. 31 s 585 sch 2pt 4; 2014 No. 29 s 14; 2014 No. 41 s 19

45AOwner of quarry material

A lessee is to be taken to be the owner of quarry material in respect of a lease granted under the repealed Land Act 1962—

(a)on an application, under the repealed Land Act 1962, section 139 received before 5 February 1990; or

(b)on an application, under the repealed Land Act 1962, section 191 received before—

(i)5 February 1990; or

(ii)3 October 1991, in respect of a lease issued or a lease converted from a special lease issued—

(A)under the repealed Land Act 1962 and under an arrangement under the repealed Industrial Development Act 1963, section 9; or

(B)before the commencement of the repealed Industrial Development Act 1963—under a recommendation of the Minister administering industrial development; or

(c)on an application, under the repealed Land Act 1962, section 207 received before—

(i)5 February 1990; or

(ii)3 October 1991, in respect of a lease issued—

(A)under the repealed Land Act 1962 and under an arrangement under the repealed Industrial Development Act 1963, section 9; or

(B)before the commencement of the repealed Industrial Development Act 1963—under a recommendation of the Minister administering industrial development; or

(C)subject to a condition relating to the freeholding of the lease.

s 45A ins 1991 No. 83 s 92

amd 2001 No. 57 s 3 sch; 2012 No. 43 s 221 sch 1

46Sale of forest products or quarry material

(1)The chief executive may from time to time under, subject to, and in accordance with the provisions of this part sell, on behalf of the Crown, any forest products or quarry material the absolute property of the Crown save forest products on protected areas.

(1A)Such a sale may be made to such persons at such prices or at such rates and on such terms and subject to such conditions and reservations as the chief executive thinks fit, and unless otherwise prescribed the sale may be by auction, tender, or other method of sale.

(2)It shall be deemed to be a condition of every sale by the chief executive on behalf of the Crown of any forest products or quarry material on any land that the purchaser shall not get from the land the forest products or quarry material the subject of the sale, or any part thereof, except under the authority of and in compliance in every respect with the requirements of a sales permit for getting the forest products or quarry material.

s 46 amd 1968 No. 33 s 22; 1973 No. 41 s 21; 1992 No. 15 s 13 sch; 1992 No. 20 s 159 sch 2 (amd 1994 No. 42 s 2 sch); 1999 No. 79 s 4; 2000 No. 26 s 12 sch 1; 2006 No. 16 s 68 sch 1; 2010 No. 12 s 33; 2014 No. 41 s 20; 2020 No. 3 s 113

46ASale of fossils and quarry materials to fossicker

(1)This section applies to a person fossicking under a licence under the Fossicking Act 1994 on a State forest, timber reserve or forest entitlement area (forest land) where fossicking is permitted under the Act.

(2)If the person collects not more than 1m³ of fossils or quarry materials in a year, the State is taken to have sold the fossils or quarry materials to the person at no cost.

(3)No royalty is payable for fossils or quarry materials mentioned in subsection (2).

s 46A ins 1994 No. 63 s 110 (2) sch

amd 2000 No. 26 s 12 sch 1

47Sale of forest products on Crown holdings or mining leases etc.

The Minister may give directions to the chief executive with respect to the selling or getting of—

(a)forest products or quarry material on or in any Crown holding; or

(b)forest products on or in any lease granted under the Mining Acts, the Geothermal Act or the GHG storage Act; or

(c)quarry material reserved in a deed of grant; or

(d)quarry material in a freeholding lease; or

(e)commercial species of timber subject to an agreement between the Minister and a lessee for commercial timber on the land under the Land Act 1994.

s 47 amd 1964 No. 15 s 10; 1981 No. 21 s 87 (3); 1984 No. 86 s 22; 1990 No. 80 s 3 sch 7; 1991 No. 83 ss 93, 89 sch 5; 1992 No. 15 s 13 sch

sub 1992 No. 15 s 13 sch

amd 1992 No. 64 s 3 sch 1; 1994 No. 81 s 527 sch 5; 2000 No. 26 s 12 sch 1; 2009 No. 3 s 482; 2010 No. 31 s 585 sch 2pt 4

48Getting or selling forest products

The chief executive may cause to be got and sold or otherwise disposed of, any forest products which are the absolute property of the Crown, other than forest products situate on a protected area, and for these purposes a person performing duties under this Act—

(a)may enter and re-enter the land on which such forest products are situate; and

(b)establish and carry on thereon such operations and works as the chief executive thinks fit; and

(c)convey or cause to be conveyed any forest products to any place the chief executive considers suitable for their better disposal.

s 48 amd 1964 No. 15 s 11; 1973 No. 41 s 22; 1990 No. 80 s 3 sch 7; 1992 No. 15 s 13 sch; 1992 No. 20 s 159 sch 2; 2000 No. 26 s 12 sch 1

49Power to purchase forest products

The chief executive may from time to time enter into contracts with owners of land whereon forest products or quarry material are not the absolute property of the Crown for the purchase by the chief executive of any forest products or quarry material on that land and may get, or enter into such contracts or other arrangements as the chief executive thinks fit for the getting of, such forest products or quarry material on and from that land by such means as the chief executive considers proper.

s 49 amd 1992 No. 15 s 13 sch; 2000 No. 26 s 12 sch 1

50Contracts for the supply of forest products

The chief executive may from time to time enter into contracts, subject to such provisions and conditions as the chief executive thinks fit, for the supply by the chief executive of any forest products or quarry material.

s 50 amd 1992 No. 15 s 13 sch; 2000 No. 26 s 12 sch 1

51Power to purchase etc. plant etc.

(1)The chief executive may from time to time purchase, hire or rent any plant, equipment, means or rights of access, or other thing the chief executive deems necessary for the purpose of the getting and proper marketing of any forest products or quarry material, and, subject to any contract in respect thereof, may hire or otherwise make any such thing available for public use.

(2)Power to construct roads
The chief executive may from time to time construct, improve, maintain or protect, or cause to be constructed, improved, maintained or protected, roads or other means of access necessary for the proper marketing of forest products or quarry material.

s 51 amd 1992 No. 15 s 13 sch; 2000 No. 26 s 12 sch 1

52Power to subsidise road works

(1)The chief executive may from time to time authorise the subsidisation of any department of the government, any local government, or any person, to the extent the chief executive thinks fit in the construction, improvement, maintenance, operation, or protection of roads or other means of access necessary for the proper marketing of any forest products or for the management of any State forest or timber reserve.

(2)Any such subsidy may take the form of a money grant or authority to get any forest products or quarry material as specified in such authority free of charge or at concessional rates or any combination of these.

s 52 amd 1968 No. 33 s 23; 1982 No. 73 s 47; 1992 No. 15 s 13 sch; 2000 No. 26 s 12 sch 1

53Interference with forest products on Crown holdings and particular entitlements

(1)A person must not—

(a)destroy a tree, or get other forest products or quarry material, on a Crown holding; or

(b)destroy a tree, or get other forest products or quarry material, on any lands, the property of the Crown, that are included in a lease or other entitlement granted under the Mining Acts, the Geothermal Act or the GHG storage Act; or

(c)destroy commercial species of timber on a lease subject to an agreement between the Minister and a lessee for commercial timber on the land under the Land Act 1994;

otherwise than in accordance with a permit, lease, licence, agreement or contract granted or made under this Act, the Land Act 1962, the Mining Acts, the Geothermal Act, the GHG storage Act or another Act.

Maximum penalty—

(a)for a first offence—1,000 penalty units; and

(b)for a subsequent offence—3,000 penalty units.

(2)Subsection (1) does not apply if—

(a)the person is acting under the Biosecurity Act 2014; and

(b)that action destroys the tree or gets the other forest products; and

(c)the tree, or other forest products, is restricted matter.

(3)Where on any Crown holding the destruction of any tree or the getting of any other forest products or, as the case may be, any quarry material, is prohibited by this section, then the selector, lessee, or, as the case may be, holder of that Crown holding who allows or permits that prohibited act to be done shall be deemed for the purposes of this section to have done that act and proceedings may be taken against the person and the person shall be liable as if the person had destroyed that tree or got those other forest products or that quarry material, as the case may be, whether or not proceedings are taken against any other person for destroying that tree or getting such other forest products or quarry material.

s 53 amd 1964 No. 15 s 12; 1991 No. 83 ss 94, 89 sch 5; 1992 No. 64 s 3 sch 1; 1994 No. 81 s 527 sch 5;1997 No. 20 s 7; 2009 No. 3 s 483; 2010 No. 31 s 585 sch 2pt 4; 2015 No. 15 s 86

53AInterfering with forest products on forest consent area

(1)A person must not interfere with, or cause to be interfered with, any forest products on any forest consent area other than—

(a)under the authority of an Act or law; or

(b)under the authority of a permit, lease, licence or agreement granted or made under this Act.

Maximum penalty—

(a)for a first offence—1,000 penalty units; or

(b)for a subsequent offence—3,000 penalty units.

(2)Subsection (1) does not apply if—

(a)the person is acting under the Biosecurity Act 2014; and

(b)that action interferes with, or causes to be interfered with, the forest products; and

(c)the forest products are restricted matter.

s 53A ins 2014 No. 29 s 15

amd 2015 No. 15 s 87

54Interfering with forest products on Crown lands etc.

(1)A person shall not interfere with, or cause to be interfered with, any forest products, any quarry material, or any earth or soil—

(a)on any Crown land; or

(b)on any land reserved for or dedicated to public purposes (including any road, save a State-controlled road under the Transport Infrastructure Act 1994);

except—

(c)under the authority of any other Act or law; or

(d)under the authority of and in compliance in every respect with the requirements of a permit, lease, licence, agreement or contract granted or made under this Act.

Maximum penalty—

(a)for a first offence—1,000 penalty units; and

(b)for a subsequent offence—3,000 penalty units.

(2)Subsection (1) does not apply if—

(a)the person is acting under the Biosecurity Act 2014; and

(b)that action interferes with, or causes to be interfered with, the forest products; and

(c)the forest products are restricted matter.

(3)Nothing in this section shall derogate from or otherwise affect any of the provisions of the Transport Infrastructure Act 1994.

s 54 amd 1991 No. 83 s 95; 1992 No. 64 s 3 sch 1; 1997 No. 20 s 8; 2015 No. 15 s 88

54AInterfering with quarry material in deeds of grant or freeholding leases

(1)A person must not, without lawful authority, interfere with quarry material in the land contained in—

(a)a deed of grant that contains a reservation of quarry materials under the Land Act 1994; or

(b)a freeholding lease.

(2)However an owner may use quarry material taken from a deed of grant or a freeholding lease for use on the grant or lease.

s 54A ins 1991 No. 83 s 96

sub 1992 No. 64 s 3 sch 1

amd 1994 No. 81 s 527 sch 5

54BRemoval of forest products

(1)All forest products and quarry material obtained under the authority of an agreement, contract, permit, licence, or authority granted or made under this Act shall be removed from the area to which the agreement, contract, permit, licence, or authority applies during the currency of such agreement, contract, permit, licence, or authority, on such conditions (if any) as the chief executive may deem fit to impose and are specified in the agreement, contract, permit, licence, or, as the case may be, authority.

(1A)However, the chief executive may grant an extension or further extension of the time as aforesaid for the removal of the forest products or quarry material in which event the same shall be removed before that extended time expires.

(2)Any forest products and quarry material not removed as required by subsections (1) and (1A) shall be deemed to be forfeited to the Crown.

(3)A person shall not without the written authority of a forest officer remove from any land any forest products or quarry material got under the authority of any agreement, contract, permit, licence, or other right or authority granted or made under this Act without previously paying the proper royalty, stumpage or other fees or charges (if any) payable in respect thereof.

(4)All forest products and quarry material sold, cut, or got, upon which any purchase moneys, royalties, stumpages or charges are payable under this Act, shall, until payment thereof, remain the property of the Crown, and may be seized and detained or removed by any forest officer until such purchase moneys, royalties, stumpages and charges have been paid, and in default of payment within 1 month of seizure may, by direction of the Minister, be disposed of.

(5)The Crown’s interest under subsection (4) in forest products and quarry material—

(a)is declared to be a statutory interest to which section 73(2) of the Personal Property Securities Act 2009 (Cwlth) applies; and

(b)has priority over all security interests in relation to the forest products and quarry material.

(6)In this section—

security interest has the meaning given by the Personal Property Securities Act 2009 (Cwlth), section 12.

s 54B (prev s 61) amd 1992 No. 15 s 13 sch; 2000 No. 26 s 12 sch 1; 2010 No. 44 s 158

reloc and renum 2014 No. 41 s 23

pt 6 div 3 hdg ins 2014 No. 41 s 47 sch 1

55Licences to get forest products etc.

(1)Licences may be granted by the chief executive under, and in accordance with this Act in respect of any land comprised in—

(a)any State forest or timber reserve; or

(b)any Crown land; or

(c)any land reserved for or dedicated to public purposes (including any road, save a State-controlled road under the Transport Infrastructure Act 1994); or

(d)any Crown holding;

for all or any of the following purposes—

(e)to get timber for fuel;

(f)to cut and split slabs, fencing material, and shingles;

(g)to get quarry material;

(h)such other purposes as may be prescribed.

(1A)Subsection (1)(d) does not apply to material that is owned by the lessee and mentioned in subsection (1)(e), (f), (g) or (h).

(1B)The chief executive may grant licences for the purpose of getting quarry material from—

(a)deeds of grant that contain a reservation of quarry materials under the Land Act 1994; or

(b)freeholding leases.

(2)If a plantation licensee, plantation sublicensee, plantation manager or plantation officer (the decision maker) exercising power delegated to the decision maker under section 96B makes a decision under subsection (1), the decision maker must advise the applicant for the licence that the applicant may apply for a review of the decision under section 83A within 28 days if the applicant is dissatisfied with the decision.

(3)Licence fees
Every such licence shall be granted subject to such terms and conditions as the chief executive deems fit and shall state the purpose for which it is granted and shall be granted subject to the payment by the licensee of such fees, or other moneys as may be prescribed in relation to the materials obtained thereunder and the class to which the licence belongs.

s 55 amd 1964 No. 15 s 13; 1973 No. 41 s 23; 1991 No. 83 s 97; 1992 No. 15 s 13 sch; 1992 No. 20 s 159 sch 2; 1992 No. 64 s 3 sch 1; 1994 No. 81 s 527 sch 5; 2000 No. 26 s 12 sch 1; 2005 No. 42 s 52 sch 1; 2006 No. 59 s 40 sch; 2010 No. 12 s 34

56Permits etc.

(1)Subject to this Act, the chief executive shall have power and authority to grant to or make with any person, exclusively or in common with others, permits (including permits that allow a person to search for quarry material), licences, leases, or other authorities, and agreements or contracts under and for the purposes of this Act and to extend any of the same from time to time and every permit, licence, lease, authority, agreement or contract shall be granted or made or extended subject to the payment by the permittee, licensee, lessee or, as the case may be, the person with whom the agreement or contract is made of such charges, rents, purchase moneys, royalties, stumpages, fees or other moneys, and to such provisions, conditions and reservations as may be prescribed or, in so far as not prescribed, as the chief executive may determine.

(2)However, no permit, licence, lease, other authority or agreement or contract shall be so granted or made if it is inconsistent with any existing permit, licence, lease, other authority, or agreement or contract granted or made by the chief executive in respect of the same land.

(3)Unless otherwise prescribed, every proposed permit, licence, lease, and other authority, and every proposed agreement or contract, under this Act may be by auction, tender or other method of sale as decided by the chief executive.

(4)Subsection (5) applies if a plantation licensee, plantation sublicensee, plantation manager or plantation officer (the decision maker) exercising power delegated to the decision maker under section 96B makes a decision under this section.

(5)The decision maker must advise the applicant for the permit, licence, lease, or other authority, or agreement or contract (each an authorisation) or the extension of the authorisation that the applicant may apply for a review of the decision under section 83A within 28 days if the applicant is dissatisfied with the decision.

(6)In this section, a reference to an authority, agreement or contract does not include a plantation licence or plantation sublicence.

s 56 amd 1964 No. 15 s 14; 1992 No. 15 s 13 sch; 2000 No. 26 s 12 sch 1; 2005 No. 42 s 52 sch 1; 2006 No. 59 s 40 sch; 2010 No. 12 s 35; 2014 No. 41 s 21

57Power of entry under licence or permit

(1)A permit or licence under this Act shall confer on the permittee or, as the case may be, licensee, subject to this Act and to the conditions and reservations subject to which the permit or licence is granted, rights to enter (with such agents, assistants, plant, vehicles, animals, and equipment as are necessary for the purpose for which the permit or licence is granted) upon the land in relation to which that permit or licence is granted and upon any other Crown land or land comprised in a Crown holding in, into, over, upon and out of which it is necessary to pass for the purpose of exercising or enjoying the aforesaid rights of entry upon the land in relation to which the permit or licence is granted and to carry out on the land in relation to which the permit or licence is granted, all operations necessary for the purpose for which the permit or licence is granted.

(1A)Such rights to enter shall include such right of ingress, egress, and regress in, into, over, upon and out of as may be necessary in the circumstances.

(1B)However, the permittee or licensee shall be liable in damages for any injury done by the permittee or licensee or any of his or her agents or assistants to any cultivated land, crops, or other improvements whatsoever the property of any other person on any land over or on which the permittee or licensee so enters or passes.

(2)Power to direct route for entry
The selector, lessee, or holder of the land, other than the land in relation to which the permit or licence is granted, may give directions regarding the route or track by or over which the permittee or licensee shall pass for the purpose of exercising the right of entry conferred by this section in relation to such land, and the permittee or licensee shall comply in all respects with any directions so given unless or until the direction is altered, varied or cancelled by a determination of the Minister under subsection (3).

(3)Minister to determine dispute
The Minister shall have power to determine the question whether or not entry upon the land in question is necessary for the purposes of giving effect to this section, and, if the Minister decides that question in the affirmative, or if the matter of the necessity of entry is not in dispute, the question as to the route or track by or over which the right of entry shall be exercised.

(4)The Minister, if the Minister determines that entry is necessary upon the land in question, may require the right of entry be exercised subject to such conditions and reservations the Minister deems proper and by or over such route or track as the Minister may direct.

(5)The Minister, if the Minister determines the route or track by or over which the right of entry over the land in question shall be exercised, may require such right be exercised subject to such conditions and reservations as the Minister deems proper.

(6)The Minister’s determination of any such question shall be final and the terms thereof shall be complied with in all respects by the parties to the dispute.

s 57 amd 1981 No. 21 s 87 (4); 1992 No. 15 s 13 sch; 1994 No. 81 s 527 sch 5

58Power to cancel, suspend, permit, licence etc.

(1)Every permit, licence, lease, or other authority, and every agreement or contract granted or made under this Act shall be deemed to be granted or made subject to the power of the chief executive to cancel or suspend, according to the chief executive’s discretion, that permit, licence, or other authority, or to forfeit that lease, or to cancel that contract or agreement on the failure by the holder of the permit, licence, or lease or other authority, or, as the case may be, the person with whom the agreement or contract is made, or the assignee of any such person, to comply with any provision of this Act or of the Fire and Emergency Services Act 1990, chapter 3, part 7, or with any provision, condition, or restriction subject to which the same was granted or, as the case may be, made.

(1A)The fixing of any condition for any agreement, contract, permit, licence, lease, or other authority with respect to payment for money due to the State whether in respect of the sale of any forest products or quarry material or in respect of any royalty or stumpage on any forest products or quarry material or as compensation for any loss or any damage resulting from the acts or omissions of the permittee, licensee, lessee or holder or, as the case may be, the person with whom the agreement or contract is made or the assignee of any such person or otherwise howsoever, or any failure to observe or enforce that condition or any part thereof shall not prejudice or otherwise affect the recovery by the State of all money owing to the State by that permittee, licensee, lessee or holder or, as the case may be, the person with whom the agreement or contract is made or the assignee of any such person and with respect to which that condition was fixed.

(1B)Cancellation or suspension of agreements etc.
The chief executive may forfeit any lease, or cancel or suspend any agreement, contract, permit, licence, or other authority granted or made under this Act for failure by the holder of that lease, permit, licence, or other authority or, as the case may be, the person with whom the agreement or contract is made or the assignee of any such person to comply with any provision, condition, or restriction subject to which the same was granted notwithstanding that such holder or, as the case may be, the person with whom the agreement or contract is made or the assignee of any such person has not been proceeded against for any offence constituted by such failure.

(2)Power to suspend conditions of agreements
The chief executive may, in the case of any agreement, contract, permit, licence, lease, or other authority granted or made under this Act, suspend on such conditions and for such periods as may be prescribed, or in so far as are not prescribed as the chief executive may determine, the obligations of the holder or, as the case may be, the person with whom the agreement or contract is made or the assignee of any such person thereof to observe any provisions or conditions subject to which the same is or is deemed to be granted or made, except the obligation for payment of any moneys thereunder.

(3)Suspension of agreements etc. during fire hazard
Where the chief executive is of the opinion that a state of high fire hazard exists in the whole or part of any State forest, the chief executive may, by notice in writing, suspend for such period as the chief executive deems expedient, any agreement, contract, permit, licence, or other authority made or granted under this Act in relation to the State forest or part thereof in question.

(3A)Notwithstanding the provisions of subsection (4), the period during which such agreement, contract, permit, licence, or other authority would ordinarily remain in force shall be extended for a period equal to the period of such suspension.

(4)Effect of suspension of agreement etc.
Suspension under this Act of any agreement, contract, permit, licence, or other authority—

(a)shall, whilst such agreement, contract, permit, licence, or other authority is so suspended, have the same effect as the cancellation thereof; and

(b)(if the period of such suspension is less than the period during which that agreement, contract, permit, licence, or other authority ordinarily would have remained in force) shall not, unless the chief executive otherwise directs, upon the termination of that suspension, extend the period during which that agreement, contract, permit, licence, or other authority thereafter remains in force beyond the period during which that agreement, contract, permit, licence, or other authority would have remained in force if it had not been suspended.

(5)Rights to cease on forfeiture
On forfeiture of a lease or cancellation of an agreement, contract, permit, licence, or other authority, the lease, agreement, contract, permit, licence, or other authority affected thereby and, unless otherwise determined by the chief executive, all rights, interests, and privileges thereunder shall absolutely cease and determine.

(6)Cancellation, suspension may be published in gazette
Without limiting the mode of forfeiting a lease or cancelling or suspending an agreement, contract, permit, licence, or other authority, any lease may be forfeited and any agreement, contract, permit, licence, or other authority may be cancelled or suspended by notice published in the gazette.

(7)No compensation on forfeiture
When under this Act a lease is forfeited or an agreement, contract, permit, licence, or other authority is cancelled or suspended, the person to or with whom that lease, agreement, contract, permit, licence, or other authority was granted or made shall not be entitled to claim or receive any compensation in respect of such forfeiture, suspension, or cancellation, or any expense the person may have incurred in acting or with a view to taking action under that lease, agreement, contract, permit, licence, or authority.

(8)Subsection (7) does not prevent the payment of compensation for suspension or cancellation of a sales permit in particular circumstances if the permit provides for compensation to be paid in the circumstances.

(9)In this section, a reference to an authority, agreement or contract does not include a plantation licence or plantation sublicence.

s 58 amd 1990 No. 10 s 4 sch 2; 1992 No. 15 s 13 sch; 1999 No. 79 s 5; 2000 No. 26 s 12 sch 1; 2001 No. 57 s 3 sch; 2005 No. 53 s 159 sch; 2010 No. 12 s 37; 2014 No. 17 s 184 sch 1pt 4

59Transfer of permits etc.

(1)No lease, agreement, contract, permit, licence, or other authority granted or made under this Act shall be assigned or transferred, except with the consent in writing of the chief executive.

(2)Surrender of permits etc.
The chief executive may accept a surrender, on such conditions as the chief executive may determine, of any lease, agreement, contract, permit, licence, or other authority granted under this Act.

(3)In this section, a reference to an agreement, contract or other authority does not include a plantation licence or plantation sublicence.

s 59 amd 1992 No. 15 s 13 sch; 2000 No. 26 s 12 sch 1; 2010 No. 12 s 38

60Failure to comply with provisions of lease etc.

(1)Any person who fails to comply in any respect with any provision, condition, or restriction subject to which any lease, agreement, contract, permit, licence, or other authority is granted or made under this Act shall be guilty of an offence against this Act.

(2)This section shall be in addition to and not in diminution of or in substitution for any other provision of this Act.

(3)However, this section does not apply to—

(a)a camping permit; or

(b)a plantation licence or plantation sublicence.

Note—

For camping permits, see section 35(1)(b).

s 60 amd 2010 No. 12 s 39; 2014 No. 41 s 22

pt 6A hdg ins 1991 No. 83 s 98

sub 1992 No. 64 s 3 sch 1

61BInterpretation

In this part—

permit means—

(a)a permit for the sale of quarry material in a deed of grant or freeholding lease; or

(b)a licence to remove quarry material in a deed of grant or freeholding lease.

s 61B ins 1991 No. 83 s 98

amd 1992 No. 64 s 3 sch 1

61CEntitlement under permit

(1)A permit does not authorise a person to enter the surface of land of an owner that is—

(a)within 200m laterally of—

(i)a dwelling house, or other building (not of a temporary nature) on that land, principally used for accommodation of persons or the conduct of business; or

(ii)a building (not of a temporary nature) on that land used for community, sporting or recreational purposes or as a place of worship; or

(b)within 100m laterally of—

(i)a principal stockyard or a dam, bore or artesian well of that owner or other artificial water storage of that owner connected to a supply of water; or

(ii)a cemetery or burial place;

except with the written consent of the owner of the land lodged with the chief executive.

(2)In this section—

building means a fixed structure that is wholly or partly enclosed by walls and is roofed.

dwelling house means a fixed structure that is wholly or partly enclosed by walls and is roofed.

s 61C ins 1991 No. 83 s 98

amd 1992 No. 15 s 13 sch; 2000 No. 26 s 12 sch 1

61DWithdrawal of consent

Consent mentioned in section 61C may only be withdrawn by the giving of written notice to—

(a)the holder of the permit; and

(b)the chief executive.

s 61D ins 1991 No. 83 s 98

amd 1992 No. 15 s 13 sch; 2000 No. 26 s 12 sch 1

61EProvision of security

(1)A permit must not be granted until the applicant deposits the security (if any) determined by the chief executive to ensure compliance with the permit and this Act.

(2)The security must cover any damage to land or improvements that may be caused by a person acting under the authority of the permit.

(3)The owner of land may apply in writing to the chief executive to rectify the damage mentioned in subsection (2) that has been caused by activity allegedly authorised under a permit in respect of the land.

(4)If the chief executive is satisfied (whether or not on an application referred to in subsection (3)) that damage mentioned in subsection (2) has been caused by a person purporting to act under the authority of a permit, the chief executive must require the person to take all action necessary to rectify the damage.

(5)The chief executive may, at any time (whether during or after the term of a permit and whether or not the chief executive cancels the permit), use the whole or part of the amount of the security deposited in respect of the permit—

(a)to rectify any damage mentioned in subsection (4); or

(b)towards payment of amounts (including penalties) owing to the Crown under this Act or for a breach of any of the conditions of the permit or of this Act.

(6)If, at any time (whether during or within 28 days after the term of a permit)—

(a)the amount or part of the amount deposited under this section is used as provided by subsection (5); or

(b)the chief executive considers that, because of the damage caused or likely to be caused by a person purporting to act under the authority of the permit or for any other reason, a further amount of security should be deposited in respect of the permit;

the chief executive must, by written notice, require the holder or former holder of the permit to deposit the further security within the time specified in the notice.

(7)The chief executive may accept a bond or guarantee by, or other financial arrangement with, a financial institution, insurance company or another credit provider approved by the chief executive, or another form of security acceptable to the chief executive, as the whole or part of the security to be deposited under this section.

(8)It is a condition of a permit that the holder must deposit security or further security from time to time in accordance with requirements made under this section.

(9)Subject to subsection (5), if a permit has ended or been terminated, the chief executive must refund to the holder of the permit (or as the holder in writing directs) any security deposited, and not used as provided by subsection (5), less any amount determined by the chief executive to be used after—

(a)the receipt by the chief executive of written agreement by the owners of all occupied land so specified; or

(b)the expiration of 28 days from the date of expiration or termination of the permit, whichever first occurs.

(10)For the purposes of subsection (9)(a), if more than 1 person is the owner of a parcel of land, the agreement of 1 such person is, in the absence of evidence to the contrary, taken to be the agreement of those persons.

(11)If the chief executive accepts a bond or guarantee by, or another financial arrangement with, a financial institution, insurance company or another credit provider as security under this section, an amount payable to the holder under subsection (9) is to be refunded to the financial institution, insurance company or credit provider and not to the holder of the permit to which the security relates.

(12)In this section—

credit provider see the National Credit Code.

s 61E ins 1991 No. 83 s 98

amd 1992 No. 15 s 13 sch; 1997 No. 17 s 74 sch; 2000 No. 26 s 12 sch 1; 2010 No. 16 s 35 sch

61FCompensation

(1)Despite section 61E, the Crown or an owner is entitled to recover in the Land Court compensation in respect of damage or injury suffered or loss incurred because of a person acting or purporting to act under the authority of a permit.

(2)Amounts paid under section 61E in respect of rectification of damage the subject of the proceeding must be taken into account in assessing compensation.

(3)The holder of a permit is not liable under this section in respect of damage or injury or loss caused by a person who is not authorised by the holder to be on the land the subject of the permit.

s 61F ins 1991 No. 83 s 98

61GPrior notice of entry to be served

(1)The holder of a permit is to notify the owner of occupied land (other than a reserve for a road) of the holder’s intention to enter the land at least 7 days before initial entry is made under the authority of a permit.

(2)The owner of the land may, by an endorsement on the application for the permit or the permit, agree to a shorter period of notice.

s 61G ins 1991 No. 83 s 98

61HAppeal to Land Court

(1)The Land Court is authorised to hear and determine matters under this part.

(2)Application may be made to the Land Court for it to settle the amount of compensation payable to an owner of the land for—

(a)deprivation of possession of the surface of land; and

(b)diminution of the value of land or improvements; and

(c)diminution of the use made, or that may be made, of land or improvements; and

(d)severance of part of land from other parts or from other land; and

(e)surface rights of access; and

(f)loss or expense because of the grant or renewal of a permit.

s 61H ins 1991 No. 83 s 98

amd 2010 No. 12 s 40

61IAppeal against Land Court’s determination

The Land Act 1962, section 44, as continued by the Land Act 1994, applies to a party aggrieved by a determination of the Land Court made under section 61H.

s 61I ins 1991 No. 83 s 98

amd 1994 No. 81 s 527 sch 5

pt 6B hdg ins 2001 No. 57 s 4

sub 2011 No. 31 s 318

61JDefinitions for pt 6B

In this part—

existing lease see section 61JA.

forest consent agreement means an agreement under section 61JA.

forest consent area means the area identified in a forest consent agreement as a forest consent area under this Act.

lease land, for a lease, means the land the subject of the lease.

s 61J ins 2001 No. 57 s 4

amd 2004 No. 4 s 5; 2006 No. 16 s 68 sch 1; 2010 No. 12 s 41; 2011 No. 31 s 319

sub 2014 No. 29 s 16

61JAForest consent agreements

(1)The lessee of a lease (the existing lease) that is to be converted under the Land Act 1994 to a freeholding lease or a deed of grant, and the chief executive for the State, may enter into an agreement that identifies an area that is the whole or part of the lease land for the existing lease as a forest consent area.

(2)A forest consent agreement may provide for rights and obligations of any kind in relation to the use and management of, including access to, forest products on the forest consent area.

(3)A forest consent agreement, when registered as a profit a prendre under 61JB(1), has effect as an agreement and as a profit a prendre—

(a)even if there is no consideration for the agreement; and

(b)even though forest products mentioned in the agreement remain the property of State.

Note—

See section 45(1)(ea).

s 61JA ins 2014 No. 29 s 16

61JBRegistration of forest consent agreement as profit a prendre

(1)A forest consent agreement must be registered as a profit a prendre.

(2)The profit a prendre must first be registered over the existing lease by the registrar of titles.

Note—

For the subsequent issue of any freeholding lease or deed of grant, see the Land Act 1994, section 172(5) that provides for the issue of new tenures subject to all registered interests.

(3)The forest consent agreement continues in force as an agreement until the profit a prendre is released or removed.

Note—

See the Land Act 1994, section 373O and the Land Title Act 1994, section 97L.

(4)If the forest consent agreement stops being in force—

(a)the forest consent area stops being a forest consent area under this Act; and

(b)all forest products on the forest consent area are no longer the property of the State and become the property of the lessee of the freeholding lease, or the registered owner under the deed of grant, for the land that included the forest consent area.

(5)If the chief executive agrees to release the profit a prendre, the chief executive’s agreement may be made conditional on the other party to the forest consent agreement paying the State the value of forest products on the forest consent area as decided by the chief executive.

s 61JB ins 2014 No. 29 s 16

amd 2021 No. 12 s 148 sch 3

pt 6C hdg prev pt 6C hdg ins 2006 No. 16 s 68 sch 1

om 2010 No. 12 s 44

pres pt 6C hdg ins 2011 No. 31 s 320

pt 6C div 1 hdg ins 2011 No. 31 s 320

61KDefinitions for pt 6C

In this part—

carbon abatement product means all or any of the following—

(a)living biomass;

(b)dead organic matter;

(c)soil;

(d)carbon sequestration by, and carbon stored in, a carbon abatement product mentioned in paragraphs (a) to (c).

owner, of land, means—

(a)if the land is registered in the freehold land register—the registered owner of the land; or

(b)if the land is vested in fee simple—the vested person for the land; or

(c)if the land is the subject of a lease other than a State lease under the Land Act 1994—the lessee of the land; or

(d)if the land is a reserve under the Land Act 1994—the trustee of the reserve; or

(e)if the land is the subject of an occupation licence under the Land Act 1994—the licensee.

s 61K prev s 61K ins 2006 No. 16 s 68 sch 1

om 2010 No. 12 s 44

pres s 61K ins 2011 No. 31 s 320

61LChief executive may keep guidelines

(1)The chief executive may keep guidelines about the making of an application under this part.

(2)The Land Act 1994, section 420B applies to the chief executive for the guidelines—

(a)as if a reference to the chief executive in that section were a reference to the chief executive administering this Act; and

(b)with other necessary changes.

s 61L prev s 61L ins 2006 No. 16 s 68 sch 1

amd 2010 No. 12 s 42

om 2010 No. 12 s 44

pres s 61L ins 2011 No. 31 s 320

pt 6C div 2 hdg ins 2011 No. 31 s 320

61MApplying for right

(1)The owner of land may apply to the chief executive to be granted a right to deal with carbon abatement product on the land.

(2)The application must be in the approved form.

s 61M prev s 61M ins 2006 No. 16 s 68 sch 1

om 2010 No. 12 s 44

pres s 61M ins 2011 No. 31 s 320

61NDeciding application

(1)The chief executive must decide whether to approve the application.

(2)In deciding the application, the chief executive must consider whether the land the subject of the application will, or is likely to, be used or dealt with under this Act in a way that is inconsistent with the grant of the proposed right.

(3)The chief executive may grant the application subject to conditions.

s 61N prev s 61N ins 2006 No. 16 s 68 sch 1

amd 2010 No. 12 s 43

om 2010 No. 12 s 44

pres s 61N ins 2011 No. 31 s 320

61ONotice of decision

(1)As soon as practicable after deciding the application, the chief executive must give written notice of the decision to—

(a)the applicant; and

(b)if the chief executive approves the application—the registrar of titles.

(2)The notice must state—

(a)the decision; and

(b)if the chief executive refuses the application, or approves the application with conditions not agreed to in writing by the applicant—

(i)the reasons for the decision; and

(ii)that the applicant may seek an internal review of the decision; and

(iii)how the review is started.

s 61O prev s 61O ins 2006 No. 16 s 68 sch 1

om 2010 No. 12 s 44

pres s 61O ins 2011 No. 31 s 320

amd 2021 No. 12 s 148 sch 3

pt 6C div 3 hdg ins 2011 No. 31 s 320

61PApplying for internal review

(1)The applicant may apply to the Minister for an internal review of the chief executive’s decision.

(2)The application must—

(a)be made within 42 days after notice of the decision was given to the applicant, or any longer period allowed by the Minister; and

(b)be written; and

(c)include details of the grounds on which the applicant seeks review of the decision.

s 61P prev s 61P ins 2006 No. 16 s 68 sch 1

om 2010 No. 12 s 44

pres s 61P ins 2011 No. 31 s 320

61PADecision on reconsideration

(1)After reviewing the decision (the original decision), the Minister must make a further decision (the review decision) to confirm the original decision or substitute a new decision.

(2)The Minister must immediately give written notice of the review decision to—

(a)the applicant; and

(b)if notice of the original decision was given to the registrar of titles and the review decision is to substitute a new decision—the registrar.

s 61PA ins 2011 No. 31 s 320

amd 2021 No. 12 s 148 sch 3

pt 6D hdg ins 2010 No. 12 s 45

pt 6D div 1 hdg ins 2010 No. 12 s 45

61QDefinitions for pt 6D

In this part—

compensation event see section 61RH(1).

plantation forestry, in relation to a licence area, means—

(a)the production, on the licence area on an ongoing basis, of natural resource product in the form of plantation timber for commercial purposes; and

Examples—

•planting, maintaining and felling trees for sale

•selling carbon storage or carbon sequestration rights in plantation timber

•selling rights to harvest timber

(b)the management of the licence area in a way consistent with sustainable management practices for plantation forests that are generally accepted in the Australian plantation forestry industry at the relevant time.

relevant State land means all land (including roads and reserves), other than freehold land or land contracted to be granted in fee simple by the State.

s 61Q ins 2010 No. 12 s 45

pt 6D div 2 hdg ins 2010 No. 12 s 45

61QAAgreements to deal with natural resource product etc.

(1)The Minister may grant a corporation the right to deal with natural resource product on specified State plantation forests or specified parts of State plantation forests for the purpose of plantation forestry and for incidental purposes under this Act by entering into an agreement (plantation licence) with the corporation (plantation licensee).

(2)Without limiting subsection (1), a plantation licence may contain terms dealing with the following matters—

(a)the grant to the plantation licensee of an exclusive right to deal with, including get and sell, natural resource product in the licence area;

(b)the grant to the plantation licensee of a right to get and use quarry material from the licence area;

(c)the plantation licensee’s right to enter and remain in, and use, the licence area;

(d)the plantation licensee’s right to make roads and tracks in the licence area;

(e)the management of particular areas in the licence area, including by restricting or excluding the exercise of rights mentioned in paragraphs (a) and (b) in the areas;

Examples of particular areas—

•native forest areas that border plantation areas and protect them against fire

•native forest areas and grassed areas that border and protect watercourses

•unformed plantation forest roads

(f)the rehabilitation of land that is, or is to be, removed from the licence area.

(3)The plantation licence is valid, binding and enforceable according to its terms despite not having been registered.

(4)The Minister can not enter into more than 1 plantation licence over the same area.

(5)No fee is payable under this Act in relation to a plantation licensee’s right to get and use quarry material under its plantation licence.

(6)If, after a plantation licence is entered into, land forming part, or all, of the licence area for the plantation licence stops being State plantation forest, the land also stops being licence area.

(7)To remove any doubt, it is declared that a right of a plantation licensee to enter and remain in, and use, the licence area under a plantation licence is not a right of exclusive possession and, subject to this Act, is coextensive with the lawful rights of members of the public and others to enter and remain in, and use, the licence area.

s 61QA ins 2010 No. 12 s 45

61QBRelated agreements

(1)The chief executive or the fire commissioner (individually or in any combination) may enter into 1 or more agreements (related agreements) with a plantation licensee or a plantation sublicensee about operational and other matters relevant to the use, maintenance and management of the licence area.

(2)Without limiting subsection (1), a related agreement may contain terms dealing with the following matters—

(a)fire control;

(b)pest control;

(c)constructing and maintaining roads and tracks in the licence area and other access roads;

(d)getting and using quarry material from the licence area;

(e)arrangements relating to access over relevant State land as mentioned in section 61QL.

s 61QB ins 2010 No. 12 s 45

amd 2014 No. 17 s 184 sch 1pt 4

61QCPlantation licence is an interest in land

It is declared that a plantation licence is in the nature of a profit a prendre and it and a plantation sublicence confer an interest in land.

s 61QC ins 2010 No. 12 s 45

61QDSale of natural resource product

A plantation licence or plantation sublicence may confer on a plantation licensee or plantation sublicensee a right to contract with other persons for the sale of natural resource product from the licence area.

s 61QD ins 2010 No. 12 s 45

61QEStatutory obligations

(1)Without limiting any other obligations of a plantation licensee under this Act, the plantation licence or a related agreement, the plantation licensee has the following obligations—

(a)to use the licence area for the purpose of plantation forestry;

(b)to not interfere with the lawful use of the licence area by members of the public and others unless it is reasonably required for the plantation licensee’s use of the licence area for the purpose of plantation forestry or an incidental purpose.

Examples of when interfering with use of the licence area might be reasonably required—

•to protect persons from injury when tree felling in the licence area

•to protect an area of young trees at risk of damage because of careless behaviour or general use of the area

•to protect unformed roads and tracks from traffic damage after heavy rain

(2)The chief executive may require a plantation licensee to report to the chief executive at any time about the plantation licensee’s obligations, or a particular aspect of the plantation licensee’s obligations, under subsection (1).

(3)Nothing in this section requires a plantation licensee to plant trees on an area shown in a plan mentioned in section 32B or on an unformed plantation forest road.

s 61QE ins 2010 No. 12 s 45

61QFRights under a plantation licence

(1)A right conferred on a plantation licensee under this Act, the plantation licence or a related agreement may be exercised by the plantation licensee’s employees, agents, contractors, customers and invitees.

(2)Subsection (1) is subject to a contrary intention expressed or implied in this Act, the plantation licence or related agreement.

(3)In this section—

right does not include the performance of a function delegated under section 96B.

s 61QF ins 2010 No. 12 s 45

61QGAppointment of plantation manager

A plantation licensee may, with the Minister’s written approval, appoint a person as the plantation manager for the licence area or a part of the licence area.

s 61QG ins 2010 No. 12 s 45

61QHActs and omissions of plantation sublicensee or plantation manager etc.

(1)Subsection (2) applies if any of the following persons does an act or makes an omission that if done or omitted to be done by a plantation licensee would be a contravention of an obligation of the plantation licensee under this Act, the plantation licence or a related agreement—

(a)a plantation sublicensee;

(b)a plantation manager;

(c)an employee, agent, contractor, customer or invitee of a plantation licensee, plantation sublicensee or plantation manager.

(2)The act or omission is taken also to be the act or omission of the plantation licensee.

s 61QH ins 2010 No. 12 s 45

61QIPlantation licence may be transferred

(1)A plantation licensee may transfer its rights and obligations under a plantation licence to another corporation (new licensee) only with the Minister’s written approval.

(2)A transfer of a plantation licence is effective, on its registration, to transfer the obligations of the plantation licensee under the plantation licence to the new licensee despite any rule of law to the contrary.

(3)To remove any doubt, it is declared that part of a plantation licence can not be transferred.

Note—

See division 7 for provisions about the division of a plantation licence.

(4)If the Minister decides to refuse to approve the transfer, the plantation licensee must be given a written notice of the decision and the reasons for it.

s 61QI ins 2010 No. 12 s 45

61QJRelated agreements may be transferred

(1)A plantation licensee that transfers its rights and obligations under a plantation licence to another corporation (new licensee) as provided under section 61QI may also transfer a related agreement to the new licensee—

(a)with the chief executive’s approval; and

(b)if permitted under the plantation licence and the related agreement.

(2)A transfer of a related agreement in accordance with subsection (1) is effective to transfer the obligations of the plantation licensee under the related agreement to the new licensee despite any rule of law to the contrary.

(3)If the chief executive decides to refuse to approve the transfer of a related agreement, the plantation licensee must be given a written notice of the decision and the reasons for it.

s 61QJ ins 2010 No. 12 s 45

61QKAmending a plantation licence

(1)A plantation licence may be amended only with the Minister’s written approval.

(2)However, the amendment must not add a party to or remove a party from the plantation licence.

(3)The Minister may—

(a)refuse to approve the amendment; or

(b)approve the amendment on the conditions the Minister considers appropriate; or

(c)approve the amendment unconditionally.

(4)If the Minister decides not to approve the amendment, the Minister must—

(a)give the plantation licensee written notice of the decision and the reasons for the decision; and

(b)give any plantation sublicensee written notice of the decision.

(5)An amendment of a plantation licence approved by the Minister must be registered.

s 61QK ins 2010 No. 12 s 45

61QLPlantation licensee’s rights of access over relevant State land

(1)The chief executive may grant to a plantation licensee the rights of access over relevant State land, and to State-owned infrastructure on relevant State land, that are necessary for the exercise of the plantation licensee’s rights or to meet the plantation licensee’s obligations under this Act, the plantation licence or a related agreement.

Note—

Access rights are also exercisable by a plantation sublicensee and employees, agents, contractors, customers and invitees of a plantation licensee or plantation sublicensee. See sections 61QF and 61QP.

(2)The access right may be granted by licence or permit, or under a related agreement, or in any other way agreed by the chief executive and the plantation licensee.

(3)In deciding the nature and extent of an access right over relevant State land, the chief executive must consider the following matters—

(a)whether there is a usable road giving practical access;

(b)the means of access before the land became a licence area;

(c)the use or proposed use of the relevant State land over which access is proposed;

(d)whether the licence area is completely or partly surrounded by the relevant State land through which access is to be given.

(4)If the chief executive and the plantation licensee do not agree on the grant of reasonable access rights under this section, the plantation licensee’s access rights are to be decided by the Minister.

(5)An access right given to a plantation licensee under this section is binding on, and must be given effect by, all persons having an interest in the relevant State land over which the right is given.

(6)Nothing in this section requires the chief executive or the Minister to grant rights of access over land that is part of relevant State land if the grant of the right would be inconsistent with the rights of the holder of an interest in the land previously granted by or for the State.

s 61QL ins 2010 No. 12 s 45

61QMUnformed plantation forest roads

(1)An unformed plantation forest road is taken to be part of the State forest, State plantation forest and the licence area for this Act and the plantation licence until the road construction date for the unformed plantation forest road.

(2)The relevant road authority must give the chief executive at least 6 months written notice of its intention to use an unformed plantation forest road for road purposes and specify the date on which the construction of the road is to begin.

(3)As soon as practicable after receiving notice under subsection (2), the chief executive must give written notice to the plantation licensee and any plantation sublicensee for the licence area of—

(a)the road authority’s intention to construct a road; and

(b)the date specified by the road authority as the date on which the construction of the road is to begin.

(4)An unformed plantation forest road stops being part of the State forest, State plantation forest and the licence area for this Act on the road construction date.

(5)For the definition unformed plantation forest road, a dedicated road is to be taken to be within the outer boundaries of a licence area if the dedicated road—

(a)separates lands forming the licence area, or part of the licence area; or

(b)is surrounded by the licence area.

(6)However, if a dedicated road continues beyond the licence area, the dedicated road is taken to be within the outer boundaries of the licence area only to the extent that it is within a notional boundary formed by a line drawn directly across the dedicated road at the extremities of the outer boundaries of the lands it separates.

(7)In this section—

dedicated road means land dedicated as a road under the Land Act 1994.

road authority, for an unformed plantation forest road, means—

(a)if the unformed plantation forest road is a State-controlled road—the chief executive of the department in which the Transport Infrastructure Act 1994 is administered; or

(b)otherwise—the local government for the local government area in which the unformed plantation forest road is situated.

road construction date, for an unformed plantation forest road, is the date specified in the written notice given to a plantation licensee and any plantation sublicensee under subsection (3)(b).

unformed plantation forest road means a dedicated road taken to be within the outer boundaries of a licence area that, immediately before the grant of a plantation licence for the licence area—

(a)is not used by the public as a road; and

(b)is planted with plantation timber or is otherwise used for plantation forestry.

s 61QM ins 2010 No. 12 s 45

61QNChief executive to identify unformed plantation forest roads for s 61QM

(1)The chief executive may, after a plantation licence is entered into, identify and record the boundaries of unformed plantation forest roads within the licence area for section 61QM.

(2)The identification may be done in any way that is sufficient to identify the unformed plantation forest roads.

(3)If an unformed plantation forest road is identified in a way that allows it to be included in the State digital cadastral dataset under the Survey and Mapping Infrastructure Act 2003, a digital graphic representation of the road and the other information required under section 46(1)(c) and (d) of that Act must be included in the dataset.

(4)Until a digital graphic representation of the road and the other information is recorded in the State digital cadastral dataset, a declaration by the chief executive that land is or is not an unformed plantation forest road for section 61QM is evidence of the matter.

s 61QN ins 2010 No. 12 s 45

pt 6D div 3 hdg ins 2010 No. 12 s 45

61QOApproval

(1)A plantation licensee may grant a corporation (plantation sublicensee) a sublicence of its plantation licence only under this Act.

(2)The plantation licensee grants a sublicence under this Act by entering into an agreement (plantation sublicence) under which all of the plantation licensee’s rights under its plantation licence in relation to all or part of the licence area are granted to the plantation sublicensee for a term of years that is less than the unexpired term of the plantation licence.

(3)However, a plantation licensee may enter into a plantation sublicence only with the Minister’s written approval.

(4)The Minister may—

(a)refuse to approve a proposed plantation sublicence; or

(b)approve the entering into of the proposed plantation sublicence on the conditions the Minister considers appropriate; or

Example of a condition—

•that the plantation sublicensee enter into a related agreement

(c)approve the entering into of the proposed plantation sublicence unconditionally.

(5)If the Minister decides not to approve the entering into of the proposed plantation sublicence, the plantation licensee must be given written notice of the decision and the reasons for the decision.

s 61QO ins 2010 No. 12 s 45

61QPRights under the plantation sublicence

(1)If a plantation sublicence is entered into with the Minister’s approval, a right conferred on the plantation licensee under this Act, the plantation licence or a related agreement is also taken to have been conferred on, and may be exercised by, the plantation sublicensee.

(2)Without limiting subsection (1), a right conferred on a plantation sublicensee under this Act, the plantation licence, the plantation sublicence or a related agreement may be exercised by the plantation sublicensee’s employees, agents, contractors, customers and invitees.

(3)Subsection (2) is subject to a contrary intention expressed or implied in the plantation licence, plantation sublicence or related agreement.

(4)In this section—

right does not include the performance of a function delegated under section 96B.

s 61QP ins 2010 No. 12 s 45

61QQAppointment of plantation manager

A plantation sublicensee may, with the Minister’s written approval, appoint a person as the plantation manager for the licence area or part of the licence area.

s 61QQ ins 2010 No. 12 s 45

61QRPlantation sublicence may be transferred

(1)A plantation sublicensee may transfer its rights and obligations under a plantation sublicence to another corporation (new sublicensee) only with the Minister’s written approval.

(2)A transfer of a plantation sublicence approved by the Minister must be registered.

(3)A transfer of a plantation sublicence has effect, on its registration, to transfer the obligations of the plantation sublicensee under the plantation sublicence to the new sublicensee despite any rule of law to the contrary.

(4)If the Minister decides to refuse to approve the transfer, the plantation sublicensee must be given a written notice of the decision and the reasons for it.

s 61QR ins 2010 No. 12 s 45

61QSRelated agreements may be transferred

(1)A plantation sublicensee that transfers its rights and obligations under a plantation sublicence to another corporation (new sublicensee) as provided under section 61QR may also transfer a related agreement to the new sublicensee—

(a)with the chief executive’s approval; and

(b)if permitted under the plantation licence, the plantation sublicence and the related agreement.

(2)A transfer of a related agreement in accordance with subsection (1) is effective to transfer the obligations of the plantation sublicensee under the agreement to the new sublicensee despite any rule of law to the contrary.

(3)If the chief executive decides to refuse to approve the transfer of a related agreement, the plantation sublicensee must be given a written notice of the decision and the reasons for it.

s 61QS ins 2010 No. 12 s 45

61QTAmending a plantation sublicence

(1)A plantation sublicence may be amended only with the Minister’s written approval.

(2)However, the amendment must not add a party to or remove a party from the plantation sublicence.

(3)The Minister may—

(a)refuse to approve the amendment; or

(b)approve the amendment on the conditions the Minister considers appropriate; or

(c)approve the amendment unconditionally.

(4)If the Minister decides not to approve the amendment, the Minister must give the plantation licensee and plantation sublicensee written notice of the decision and the reasons for the decision.

(5)An amendment of a plantation sublicence approved by the Minister must be registered.

s 61QT ins 2010 No. 12 s 45

pt 6D div 4 hdg ins 2010 No. 12 s 45

61QVMortgages require Ministerial approval

(1)A plantation licensee or plantation sublicensee may grant a mortgage over its rights under a plantation licence or plantation sublicence only with the Minister’s written approval.

(2)A plantation licensee or plantation sublicensee that grants a mortgage over its rights in a plantation licence or plantation sublicence with the Minister’s approval may also grant a mortgage over its rights in a related agreement to the mortgagee—

(a)with the chief executive’s written approval; and

(b)if not prohibited by the related agreement.

(3)If the Minister decides to refuse to approve the grant of a mortgage over the rights of a plantation licensee or plantation sublicensee under a plantation licence or plantation sublicence, the plantation licensee or plantation sublicensee must be given a written notice of the decision and the reasons for it.

(4)If the chief executive decides to refuse to approve the grant of a mortgage over the rights of a plantation licensee or plantation sublicensee in a related agreement, the plantation licensee or plantation sublicensee must be given a written notice of the decision and the reasons for it.

div 4 (s 61QV) ins 2010 No. 12 s 45

pt 6D div 5 hdg ins 2010 No. 12 s 45

61QWApplication of division

(1)This division applies if—

(a)equipment or improvements are taken, constructed or placed on a licence area by the plantation licensee or plantation sublicensee; and

(b)the equipment or improvements were taken, constructed or placed on the land for the purpose of plantation forestry or an incidental purpose.

(2)In this section—

equipment includes machinery and plant.

s 61QW ins 2010 No. 12 s 45

61QXOwnership of equipment and improvements

(1)While the equipment or improvements are on the land, they are the property of the person who took, constructed or placed them on the land, unless that person otherwise agrees.

(2)Subsection (1) applies despite—

(a)the equipment or improvements having become part of the land; or

(b)the sale or other disposal of the land.

(3)This section applies despite—

(a)an Act or law of a State; or

(b)a contract, covenant or claim of right under a law of a State.

s 61QX ins 2010 No. 12 s 45

pt 6D div 6 hdg ins 2010 No. 12 s 45

61QYShow cause notice for cancellation of plantation licence

(1)This section applies if the Minister reasonably believes that a plantation licensee is contravening its obligations under section 61QE(1) in relation to the licence area or a part of the licence area.

(2)The Minister may give the plantation licensee a notice (show cause notice)—

(a)stating—

(i)the Minister proposes to cancel the plantation licence for the licence area or part of the licence area; and

(ii)that no compensation will be payable in relation to the cancellation; and

(b)stating the reasons for the proposed cancellation; and

(c)if the Minister proposes to cancel the plantation licence for part of the licence area, identifying the part; and

(d)inviting the plantation licensee to show within a stated period of at least 90 days (show cause period) why the plantation licence for the licence area or part should not be cancelled.

s 61QY ins 2010 No. 12 s 45

61QZRepresentations about show cause notice

(1)The plantation licensee may make written representations to the Minister about the show cause notice within the show cause period.

(2)The Minister must consider all written representations (the accepted representations) made under subsection (1).

s 61QZ ins 2010 No. 12 s 45

61REnding show cause process without further action

(1)This section applies if, after considering the accepted representations for the show cause notice, the Minister believes that the plantation licensee is complying with its obligations under section 61QE(1).

(2)The Minister must not take any further action about the show cause notice.

(3)The Minister must also, as soon as practicable after coming to the belief, give notice to the plantation licensee that no further action is to be taken about the show cause notice.

s 61R ins 2010 No. 12 s 45

61RACancellation of plantation licence for licence area or part

(1)This section applies if, after considering the accepted representations for the show cause notice, the Minister—

(a)still believes that the plantation licensee is contravening its obligations under section 61QE(1); and

(b)believes cancellation of the plantation licence for the licence area or part of the licence area is warranted.

(2)This section also applies if there are no accepted representations for the show cause notice.

(3)The Minister may decide to cancel the plantation licence for the licence area or part.

(4)If the Minister decides to cancel the plantation licence for the licence area or part, the Minister must advise the plantation licensee of the decision as soon as practicable after making it.

(5)The Minister must lodge with the registrar of titles a cancellation of a plantation licence for the licence area or part.

Note—

See section 61RO(5) for when a sketch plan may also need to be lodged.

(6)The registrar of titles must register the cancellation on the register.

(7)To remove any doubt, it is declared that if the plantation licence for a licence area or part of a licence area is cancelled, the area or part stops being licence area.

s 61RA ins 2010 No. 12 s 45

amd 2021 No. 12 s 148 sch 3

pt 6D div 7 hdg ins 2010 No. 12 s 45

61RBSurrender of plantation licence or part of a plantation licence

(1)A plantation licensee may apply to the Minister to surrender a plantation licence or part of a plantation licence.

(2)An application for surrender of a plantation licence or part of a plantation licence must be accompanied by the written consent of—

(a)each registered mortgagee of the plantation licence and any plantation sublicence of the affected area; and

(b)any plantation sublicensee of the affected area.

(3)The Minister may approve, or refuse, the application at the Minister’s discretion.

(4)Without limiting the Minister’s discretion, the Minister may refuse the application until the affected area is rehabilitated to the Minister’s satisfaction.

(5)If the Minister approves the application, the plantation licensee must lodge with the registrar of titles—

(a)a surrender of a plantation licence; and

(b)the written consent of all persons with a registered interest in the plantation licence.

Note—

See section 61RO(5) for when a sketch plan may also need to be lodged.

(6)In this section—

affected area means—

(a)if the application relates to the surrender of a plantation licence—the licence area for the plantation licence; or

(b)if the application relates to the surrender of part of a plantation licence—the part of the licence area for the plantation licence that will be removed from the licence area if the application is approved.

s 61RB ins 2010 No. 12 s 45

amd 2021 No. 12 s 148 sch 3

61RCApplication for division

(1)A plantation licensee may apply (application for division) to the Minister for approval—

(a)to surrender part of its plantation licence (original plantation licence); and

(b)to be granted a right to deal with natural resource product, on the affected area, for the purpose of plantation forestry and for incidental purposes under this Act.

Note for paragraph (b)—

This right is granted by entering into an agreement with the Minister under section 61QA(1).

(2)The application must be made in the approved form and be accompanied by—

(a)a statement of the plantation licensee’s reasons for seeking the division; and

Example of a reason—

The plantation licensee wishes to be granted a new plantation licence for the affected area and to seek approval to transfer the new plantation licence for the affected area.

(b)evidence that the affected area is sustainable as a commercially viable forestry plantation; and

(c)information identifying the affected area; and

(d)the written consent of all persons with a registered interest in the plantation licence.

(3)In this section—

affected area, in relation to an application for division, means the part of the licence area for the plantation licence that will be removed from the licence area if the application is approved.

s 61RC ins 2010 No. 12 s 45

61RDDeciding the application

(1)The Minister must decide whether to approve the application for division.

(2)In deciding the application, the Minister must be satisfied that—

(a)the affected area is sustainable as a commercially viable forestry plantation; and

(b)consents have been given by—

(i)each registered mortgagee of the plantation licence and any plantation sublicence of the affected area; and

(ii)any plantation sublicensee of the affected area.

(3)The Minister must also consider—

(a)the public interest; and

(b)the extent to which the plantation licensee has complied with the original plantation licence.

(4)The Minister can not approve the surrender under the application and refuse to grant the right under this Act as mentioned in section 61RC(1)(b).

s 61RD ins 2010 No. 12 s 45

61REApproving the application

(1)If the Minister approves the application for division, the agreement to be entered into under section 61QA(1) for the affected area must be on the same terms as the original plantation licence (other than the description of the licence area) unless otherwise agreed by the parties.

(2)However, a proposed plantation licence for the affected area—

(a)must not be for a term of years longer than the unexpired term of the original plantation licence; and

(b)may include a provision linking it and the original plantation licence in the event of default or termination.

(3)Subsection (1) does not apply in relation to any obligation that has been fully performed by the plantation licensee under the original plantation licence.

s 61RE ins 2010 No. 12 s 45

61RFNotice of decision

(1)If the Minister decides to approve the application for division, the Minister must give the applicant written notice of the decision.

(2)If the Minister decides to refuse the application, the applicant must be given a written notice of the decision and the reasons for it.

s 61RF ins 2010 No. 12 s 45

61RGMinister and the plantation licensee may enter into new plantation licence etc.

(1)If the Minister approves the application for division, the Minister must, if requested by the applicant within 3 months after the approval is given, enter into an agreement as mentioned in section 61RC(1)(b) for the affected area (new plantation licence).

(2)On entering into the new plantation licence—

(a)the affected area stops being part of the licence area of the original plantation licence; and

(b)the Minister and the applicant must do everything necessary to lodge for registration a surrender of a plantation licence for the affected area.

(3)The Minister and the applicant may also amend a related agreement or enter into a new related agreement about operational and other matters relevant to the use and maintenance of the licence areas.

(4)The new plantation licence is subject to all relevant registered interests to which the affected area of the original plantation licence was subject with the same priorities.

s 61RG ins 2010 No. 12 s 45

pt 6D div 8 hdg ins 2010 No. 12 s 45

61RHEvents that are compensation events

(1)A plantation licensee and any plantation sublicensee (each a claimant) may claim compensation under this division for any of the following events (each a compensation event) happening in relation to the licence area for the plantation licence or plantation sublicence—

(a)an unformed plantation forest road, taken to be part of the licence area for this Act under section 61QM, stops being part of the licence area on the road construction date nominated for the road by the chief executive under that section;

(b)the chief executive grants, makes or extends any of the following over the licence area or part of the licence area—

(i)a permit under section 35(1);

(ii)a licence under section 55(1);

(iii)a permit, licence, lease, or other authority, or an agreement or contract under section 56(1);

(iv)a permit under section 73(2);

(c)a term lease, as mentioned in section 35(5)—

(i)is granted over the licence area or part of the licence area under the Land Act 1994; or

(ii)having been granted as mentioned in subparagraph (i), is renewed or extended under that Act;

(d)subject to section 61RI, land forming part, or all, of the licence area stops being a licence area under section 61QA(6);

(e)an easement is created under an Act over land in the licence area;

(f)a collection authority is issued under the Biodiscovery Act 2004 authorising its holder to take native biological material for biodiscovery from the licence area.

(2)Compensation is payable under subsection (1)(b), (c), (e) and (f) only if the compensation event materially and adversely interferes with the claimant’s ability to use the licence area for the purpose of plantation forestry.

(3)Also, compensation is not payable for a compensation event if the compensation event results from the exercise by a claimant, a plantation manager appointed by the claimant or a plantation officer employed by the claimant or the plantation manager of power delegated to the claimant, plantation manager or plantation officer under section 96B.

(4)Compensation can not be claimed or paid more than once in relation to the same matter.

Example—

A plantation licensee can not claim compensation under this Act and another Act or under this Act and a Commonwealth Act in relation to the same matter.

(5)In this section—

create includes grant, take and acquire.

s 61RH ins 2010 No. 12 s 45

amd 2014 No. 29 s 17

61RIEvents that are not compensation events

(1)A plantation licensee or plantation sublicensee may not claim compensation under this division for any of the following events happening in relation to the licence area for the plantation licence or plantation sublicence—

(a)land forming part, or all, of the licence area stops being State plantation forest under section 32B;

Note—

See also section 61QA(6).

(b)the plantation licence for the licence area or part of the licence area is cancelled under section 61RA;

(c)the surrender of the plantation licence or part of the plantation licence under section 61RB.

(2)Also, a plantation licensee or plantation sublicensee may not claim compensation under this division for the grant or extension of a licence under section 55(1), or a sales permit, over the licence area or part of the licence area if—

(a)the licence or sales permit is held by the proponent for a development agreement under the Forest Wind Farm Development Act 2020; and

(b)the licence or sales permit is for the getting of quarry material from project area A.

s 61RI ins 2010 No. 12 s 45

amd 2020 No. 28 s 65

61RJChief executive to give notice of compensation events to the plantation licensee

As soon as practicable after becoming aware of a proposed compensation event, or the happening of a compensation event, mentioned in section 61RH(1), the chief executive must give to the plantation licensee and any plantation sublicensee affected by the compensation event written notice of—

(a)the proposed compensation event or compensation event; and

(b)details of the extent to which the compensation event will affect, or affects, the licence area.

s 61RJ ins 2010 No. 12 s 45

61RKCompensation to be assessed under applied provisions of the Acquisition of Land Act 1967 in absence of agreement

(1)If the chief executive and the plantation licensee and any plantation sublicensee can not agree on an amount payable as compensation for a compensation event, compensation is to be assessed and decided under the Acquisition of Land Act 1967, part 4 (the compensation provisions) as applied under this section.

(2)The compensation provisions apply as if—

(a)the State were the constructing authority; and

(b)a reference to land includes land in a licence area; and

(c)the plantation licensee and any plantation sublicensee were persons who have a right to claim compensation; and

(d)a reference to land taken were a reference to—

(i)if a licence area suffers a net reduction in size because of a compensation event—the land that stopped being part of the licence area because of the compensation event; or

(ii)otherwise—the land in the licence area directly affected by the compensation event; and

(e)a reference to the day the land was taken were a reference to the day the compensation event had effect in relation to the licence area; and

(f)a reference to the serving of a notice of intention to resume on the claimant were a reference to the giving of written notice under section 61RJ; and

(g)a reference to a gazette resumption notice were a reference to the document under which the licence area is, or is to be, reduced or affected by the compensation event.

(3)In applying the compensation provisions, the compensation provisions must be read with any other necessary or convenient changes.

(4)For the compensation provisions, an extract from the register is proof of the plantation licensee’s or plantation sublicensee’s interest in the land.

(5)If the compensation event is an event mentioned in section 61RH(1)(a), compensation must be assessed and decided under the compensation provisions having regard only to the market value of the natural resource product on the unformed plantation forest road on the nominated road construction date.

s 61RK ins 2010 No. 12 s 45

pt 6E hdg ins 2010 No. 12 s 45

pt 6E div 1 hdg ins 2010 No. 12 s 45

61RLDefinitions for pt 6E

In this part—

plantation licence sketch plan means a plan prepared in accordance with directions under section 61RU(2)(b) identifying a licence area or part of a licence area.

sketch plan means a plantation licence sketch plan.

s 61RL ins 2010 No. 12 s 45

pt 6E div 2 hdg ins 2010 No. 12 s 45

61RMRegister of plantation licences

The registrar of titles must keep a register of plantation licences.

s 61RM ins 2010 No. 12 s 45

amd 2021 No. 12 s 66

61RNForm of register

(1)The registrar of titles may keep the register in the form (including in digital form) the registrar considers appropriate.

(2)Without limiting subsection (1), the registrar of titles may change the form in which the register or part of the register is kept.

s 61RN ins 2010 No. 12 s 45

amd 2021 No. 12 s 148 sch 3

61RORegistration of documents

(1)A plantation licence must be registered in—

(a)the register; and

(b)the register of State forests kept under the Land Act 1994.

(2)If a plantation licence is affected by any of the following dealings, a document must be registered in the register to record the dealing—

(a)an amendment of the plantation licence;

(b)a sublicence of the plantation licence;

(c)an amendment of the plantation sublicence;

(d)a transfer of the plantation licence;

(e)a transfer of a plantation sublicence;

(f)a transfer of a registered mortgage;

(g)a release of a registered mortgage;

(h)an amendment of a registered mortgage;

(i)a change in the priority of registered mortgages;

(j)a caveat in relation to the plantation licence;

(k)a surrender of a plantation licence;

(l)a cancellation of a plantation licence;

(m)a termination of a plantation licence;

(n)a termination of a plantation sublicence;

(o)an enforcement warrant.

Note—

A dealing may be lodged for registration under this Act at any office where a dealing may be lodged for registration under the Land Title Act 1994 when the office is open for business.

(3)Also, if a plantation licence is affected by any of the following documents, the document may be registered in the register—

(a)a mortgage of a plantation licence;

(b)a mortgage of a plantation sublicence;

(c)another document required under an Act.

(4)A document mentioned in subsection (2)(a), (b), (c), (d), (e), (f), (k), (l) or (m) or (3)(a) or (b) may be registered only if it is approved, or consented to, by the Minister.

(5)If a dealing mentioned in subsection (2) relates to part of a licence area that is not already identified on a sketch plan, the person lodging the dealing for registration must also lodge a sketch plan identifying the affected part.

s 61RO ins 2010 No. 12 s 45

61RPParticulars that must be recorded

The registrar of titles must record in the register—

(a)the particulars of each plantation licence lodged for registration; and

(b)the particulars necessary to identify—

(i)each dealing affecting an interest in a plantation licence registered and when it was lodged and registered; and

(ii)the name of the person who holds, and the name of each person who has held, an interest in a plantation licence; and

(iii)all documents registered in the register and when they were lodged and registered; and

(iv)anything else required or permitted to be registered under this Act.

s 61RP ins 2010 No. 12 s 45

amd 2021 No. 12 s 148 sch 3

61RQParticulars that may be recorded

The registrar of titles may record in the register anything the registrar considers should be recorded to ensure the register is an accurate, comprehensive and useable record of plantation licences, relevant interests and dealings.

s 61RQ ins 2010 No. 12 s 45

amd 2021 No. 12 s 148 sch 3

61RRProcedures on lodgement and registration of document

(1)When a document is lodged with the registrar of titles, the registrar must note on the document—

(a)the date and time of lodgement; and

(b)an identifying reference.

(2)When the document is registered, the registrar of titles must record the information mentioned in subsection (1)(a) and (b) in the register.

s 61RR ins 2010 No. 12 s 45

amd 2021 No. 12 s 148 sch 3

61RSRegistrar of titles may correct registers

(1)The registrar of titles must correct the register if—

(a)the registrar is satisfied—

(i)the register is incorrect because the registrar has incorrectly recorded a particular or registered a dealing; and

(ii)the correction will not prejudice the rights of the holder of an interest recorded in the register; or

(b)a court has ordered the correction.

(2)The power of the registrar of titles to correct the register includes power to correct a particular in the register.

(3)If the register is corrected, the registrar of titles must record in the register—

(a)the state of the register before the correction; and

(b)the time, date and circumstances of the correction.

(4)The register as corrected by the registrar of titles under this section has the same effect as if the relevant error had not been made.

(5)For subsection (1)(a)(ii), the rights of the holder of an interest recorded in the register are not prejudiced if the holder acquired or has dealt with the interest with actual or constructive knowledge that the register was incorrect and how it was incorrect.

s 61RS ins 2010 No. 12 s 45

amd 2021 No. 12 s 148 sch 3

61RTDocuments form part of the register

On registration of a document in the register, the document forms part of the register.

s 61RT ins 2010 No. 12 s 45

pt 6E div 3 hdg ins 2010 No. 12 s 45

61RUForm of documents

(1)A document lodged by a person must be lodged in the approved form.

(2)The registrar of titles may—

(a)approve forms for use under this part; and

(b)give directions about particular requirements for sketch plans.

s 61RU ins 2010 No. 12 s 45

amd 2021 No. 12 s 148 sch 3

61RVExecution of documents

(1)For a corporation, a document is validly executed if—

(a)it is executed in a way permitted by law; or

(b)the document is sealed with the corporation’s seal in accordance with the Property Law Act 1974, section 46F.

(2)For an individual, a document is validly executed if—

(a)it is executed in a way permitted by law; and

(b)the execution is witnessed by a person mentioned in the Land Title Act 1994, schedule 1.

(3)However, the registrar of titles may, in exceptional circumstances, register a document executed by an individual even though the execution was not witnessed or was not witnessed by a person mentioned in the Land Title Act 1994, schedule 1.

(4)A document to transfer or create an interest in a plantation licence or plantation sublicence must be executed by—

(a)the transferor or the person creating the interest; and

(b)the transferee or the person in whose favour the interest is to be created or a lawyer authorised by the transferee or the person.

(5)A total or partial release of mortgage need only be signed by the mortgagee.

(6)The witnessing of a document may be proved in any way permitted by law.

(7)This section does not apply to a sketch plan.

s 61RV ins 2010 No. 12 s 45

amd 2021 No. 12 s 148 sch 3; 2021 No. 23 s 58 sch 1

61RWRegistered documents to comply with particular requirements

(1)A document may be registered only if—

(a)the document is lodged in the approved form and correctly executed; and

(b)the document complies with the directions of the registrar of titles about—

(i)how the approved form must be filled in; and

(ii)how information to be included in or given with the document must be included or given; and

(c)for a document relating to a transaction for which the Minister’s approval or consent is needed—the Minister has given the approval or consent; and

(d)for a document relating to a plantation licence the subject of a registered mortgage—the mortgagee under the registered mortgage has given consent to the transaction to which the document relates; and

(e)for a document relating to a plantation sublicence the subject of a registered mortgage—

(i)the mortgagee under the registered mortgage has given consent to the transaction to which the document relates; and

(ii)if the plantation licence is also the subject of a registered mortgage—the mortgagee under that registered mortgage has given consent to the transaction to which the document relates.

(2)A document that does not comply with a direction mentioned in subsection (1)(b) may be registered if the registrar of titles is satisfied it is reasonable to not require compliance.

(3)Subsection (1)(d) or (e) does not apply to a caveat, a cancellation of a plantation licence, a termination of a plantation licence or plantation sublicence or an enforcement warrant.

s 61RW ins 2010 No. 12 s 45

amd 2021 No. 12 s 148 sch 3

61RXPower of the registrar of titles when fraud suspected

The registrar of titles may refuse to accept for lodgement, or refuse to register, a document the registrar reasonably suspects to be affected by fraud.

s 61RX ins 2010 No. 12 s 45

amd 2021 No. 12 s 148 sch 3

pt 6E div 4 hdg ins 2010 No. 12 s 45

61RYRight to have interest registered

(1)If a person lodges a document mentioned in section 61RO, the registrar of titles must register the document if—

(a)the document has been correctly executed; and

(b)the person lodges the document and all other documents needed by the registrar to effect registration of the document; and

(c)the document appears on its face to be capable of registration; and

(d)the document contains, or is accompanied by, any written approval or consent required for its registration; and

(e)the person has otherwise complied with this part for the registration of the document; and

(f)the document is not inconsistent with another Act or law.

(2)However, subsection (1) does not prevent the person from withdrawing the document before it is registered.

s 61RY ins 2010 No. 12 s 45

amd 2021 No. 12 s 148 sch 3

61RZRegistered document operates as a deed

A registered document operates as a deed.

s 61RZ ins 2010 No. 12 s 45

61SOrder of registration of documents

(1)Documents relating to a plantation licence must be registered in the order they are lodged.

(2)Subsection (1) is subject to section 61TO.

s 61S ins 2010 No. 12 s 45

61SAPriority of registered documents

(1)Registered documents have priority according to when each of them was lodged and not according to when each of them was executed.

(2)A document is taken to be lodged on the day and at the time endorsed on the document by the registrar of titles as the day and time of the lodgement unless the contrary is proved.

(3)Subsection (1) is not affected by actual, implied or constructive notice.

(4)Registered documents have priority over documents that are not registered and any interests claimed under documents that are not registered.

s 61SA ins 2010 No. 12 s 45

amd 2021 No. 12 s 148 sch 3

61SBHow a document is registered

The registrar of titles registers a document in the register by recording in the register the particulars necessary to identify the document.

s 61SB ins 2010 No. 12 s 45

amd 2021 No. 12 s 148 sch 3

61SCWhen a document is registered

(1)A document is registered when the particulars about the document are recorded in the register.

(2)This section applies subject to section 61SD.

s 61SC ins 2010 No. 12 s 45

61SDNo registration in absence of required approval or consent of Minister

(1)A document is not registered, even though the particulars about the document are recorded in the register, if—

(a)under this Act, the Minister’s approval or consent, however described, is required for the document, including any aspect of the document, but the approval or consent has not been obtained; or

Example—

A mortgage of a plantation licence requires the Minister’s consent to be registered. See section 61RO(4).

(b)the terms of the document are inconsistent with the terms of any approval or consent, however described, given by the Minister in relation to the document, including any aspect of the document.

(2)If under subsection (1) a document is not registered, the registrar of titles may correct the particulars included in the register in relation to the document.

(3)Subsection (1) applies to an approval or consent, however described, in relation to a document, whether or not the approval or consent is required to be endorsed on the document.

(4)If the Minister is a signatory to a document, the Minister is taken to have approved, or consented to, the document.

s 61SD ins 2010 No. 12 s 45

amd 2021 No. 12 s 148 sch 3

pt 6E div 5 hdg ins 2010 No. 12 s 45

61SEBenefits of registration

The benefits of this division apply to a document whether or not valuable consideration has been given.

s 61SE ins 2010 No. 12 s 45

61SFEffect of registration on interest

(1)On registration of a document expressed to transfer or create an interest in a plantation licence or plantation sublicence—

(a)the interest is created or transferred in accordance with the document; and

(b)the interest is registered; and

(c)the interest vests in the person identified in the document as the person entitled to the interest.

(2)A person who holds an interest in a plantation licence or plantation sublicence holds the interest subject to—

(a)all other interests in the plantation licence or plantation sublicence previously registered; and

(b)all rights and interests registered in the register of State forests kept under the Land Act 1994.

(3)Subsection (1)(a) and (c) does not apply to a mortgage.

s 61SF ins 2010 No. 12 s 45

61SGEvidentiary effect of recording particulars in the register

In all proceedings, the particulars of a registered document recorded in the register are conclusive evidence of—

(a)the registration of the document; and

(b)the contents of the document; and

(c)all things stated or implied in it by this or another Act; and

(d)when the document was lodged and registered.

s 61SG ins 2010 No. 12 s 45

pt 6E div 6 hdg ins 2010 No. 12 s 45

61SHRegistering a transfer

In order to be registered, a transfer of a plantation licence or plantation sublicence must—

(a)be validly executed; and

(b)include particulars sufficient to identify the plantation licence or plantation sublicence to be transferred; and

(c)otherwise comply with the requirements of this Act.

s 61SH ins 2010 No. 12 s 45

pt 6E div 7 hdg ins 2010 No. 12 s 45

61SIRegistering a mortgage

(1)In order to be registered, a mortgage must—

(a)be validly executed; and

(b)include a description sufficient to identify the plantation licence or plantation sublicence to be mortgaged; and

(c)include a description of the debt or liability secured by the mortgage; and

(d)otherwise comply with the requirements of this Act.

(2)A notice to a registered mortgagee under this Act is sufficiently served if left at or sent to an address given for the registered mortgagee in the mortgage.

(3)If a mortgagee is registered as a trustee, a document stating the details of the trust, or the document creating the trust, must be deposited with the mortgage, unless—

(a)a document has already been produced for the trust under section 61ST(2); and

(b)the details of the trust have not since changed.

s 61SI ins 2010 No. 12 s 45

61SJOriginal mortgagee to confirm identity of mortgagor

(1)This section applies in relation to the grant of a mortgage of a plantation licence or plantation sublicence.

(2)Before the mortgage is lodged for registration, the mortgagee under the mortgage (the original mortgagee) must take reasonable steps to ensure the person who executed the mortgage as mortgagor is identical with the person who is, or who is about to become, the plantation licensee or plantation sublicensee.

(3)Without limiting subsection (2), the original mortgagee takes reasonable steps under the subsection if the original mortgagee complies with practices included in the manual of land title practice under the Land Title Act 1994, section 9A for the verification of identification of mortgagors.

(4)The original mortgagee must, for 7 years after the mortgage is registered, and whether or not there is registered a transfer of the interest constituted by the mortgage—

(a)keep, in the approved form, a written record of the steps taken under subsection (2); or

(b)keep originals or copies of the documents and other evidence provided to or otherwise obtained by the original mortgagee in complying with subsection (2).

Maximum penalty—20 penalty units.

(5)The registrar of titles may, whether before or after the registration of the mortgage, and whether or not there has been registered a transfer of the interest constituted by the mortgage, ask the original mortgagee—

(a)to advise the registrar about the steps taken by the original mortgagee under subsection (2); and

(b)to produce for the inspection of the registrar the written record mentioned in subsection (4)(a) or the originals or copies mentioned in subsection (4)(b).

(6)The original mortgagee must comply with a request under subsection (5) unless the original mortgagee has a reasonable excuse.

Maximum penalty for subsection (6)—20 penalty units.

s 61SJ ins 2010 No. 12 s 45

amd 2021 No. 12 s 148 sch 3

61SKMortgagee transferee to confirm identity of mortgagor

(1)This section applies to the transfer of the interest constituted by the mortgage of a plantation licence or plantation sublicence.

(2)Before the transfer is lodged for registration, the transferee under the transfer (the mortgage transferee) must take reasonable steps to ensure the person who executed the mortgage as mortgagor was identical with the person who, when the mortgage was executed, was, or was about to become, the plantation licensee or plantation sublicensee.

(3)Without limiting subsection (2), the mortgage transferee takes reasonable steps under the subsection if the mortgage transferee complies with practices included in the manual of land title practice under the Land Title Act 1994, section 9A for the verification of identification of mortgagors.

(4)The mortgage transferee must, for 7 years after the transfer of the mortgage is registered, and whether or not there is registered a further transfer of the interest constituted by the mortgage—

(a)keep, in the approved form, a written record of the steps taken under subsection (2); or

(b)keep originals or copies of the documents and other evidence provided to or otherwise obtained by the mortgage transferee in complying with subsection (2).

Maximum penalty—20 penalty units.

(5)The registrar of titles may, whether before or after the registration of the transfer of the mortgage, and whether or not there has been registered a further transfer of the interest constituted by the mortgage, ask the mortgage transferee—

(a)to advise the registrar about the steps taken by the mortgage transferee under subsection (2); and

(b)to produce for the inspection of the registrar the written record mentioned in subsection (4)(a) or the originals or copies mentioned in subsection (4)(b).

(6)The mortgage transferee must comply with a request under subsection (5) unless the mortgage transferee has a reasonable excuse.

Maximum penalty for subsection (6)—20 penalty units.

s 61SK ins 2010 No. 12 s 45

amd 2021 No. 12 s 148 sch 3

61SLReleasing a mortgage

(1)If a release of a registered mortgage is lodged, the registrar of titles may register the release to the extent shown in the release.

(2)On registration of a release of a registered mortgage, the mortgage is discharged, and the plantation licence or plantation sublicence is released from the mortgage, to the extent shown in the release.

s 61SL ins 2010 No. 12 s 45

amd 2021 No. 12 s 148 sch 3

61SMAmending or transferring a mortgage

(1)A registered mortgage may be amended only by registering an amendment of the mortgage.

(2)However, an amendment must not add a party to or remove a party from the mortgage.

(3)A registered mortgage may be transferred only by registering a transfer of the registered mortgage.

(4)A mortgage may be transferred by the mortgagee only with the Minister’s written approval.

s 61SM ins 2010 No. 12 s 45

61SNAmending priority of mortgages

(1)The priority of registered mortgages may be amended by registering a document amending priority.

(2)The document amending priority must—

(a)state the order of priority of all affected registered mortgages; and

(b)be executed by all mortgagees affected by the amendment.

(3)On registration of the document amending priority, the mortgages have priority in the order stated in the document.

s 61SN ins 2010 No. 12 s 45

61SOPriority of advances

A registered mortgage has the same priority in relation to all advances (including future advances), and the performance of all obligations, secured by the mortgage.

s 61SO ins 2010 No. 12 s 45

61SPTransfer of mortgage does not affect priority

If a registered mortgage is transferred, the transferred mortgage has the same priority immediately after the transfer as it had immediately before the transfer.

s 61SP ins 2010 No. 12 s 45

61SQPowers of registered mortgagee

(1)A registered mortgagee of a plantation licence or plantation sublicence may exercise any right, power or authority validly conferred on it under the mortgage if the plantation licensee or plantation sublicensee defaults under the mortgage.

Example of powers that might be validly conferred under a mortgage—

•power to enter into possession, assume control of or exercise power of sale of the plantation licence or plantation sublicence

•power to appoint an enforcing party to enter into possession, assume control of or exercise power of sale of the plantation licence or plantation sublicence

•power to engage, or permit the enforcing party to engage, 1 or more persons to perform some or all of the plantation licensee’s or plantation sublicensee’s obligations under the plantation licence or plantation sublicence

(2)If the registered mortgagee or an enforcing party enters into possession or assumes control of the plantation licence or plantation sublicence, the registered mortgagee or enforcing party—

(a)is subject to, and must perform, the obligations of the plantation licensee or plantation sublicensee under this Act, the plantation licence or plantation sublicence, or any related agreement; and

(b)may enforce the rights of the plantation licensee or plantation sublicensee under this Act, the plantation licence or plantation sublicence, or any related agreement.

s 61SQ ins 2010 No. 12 s 45

61SRMortgagee exercising power of sale

(1)A registered mortgagee exercising power of sale over a plantation licence or plantation sublicence must obtain the Minister’s approval to any transfer of the plantation licence or plantation sublicence.

(2)A registered mortgagee transferring a plantation licence or plantation sublicence with the Minister’s approval obtained under subsection (1) may also transfer a related agreement—

(a)with the chief executive’s approval; and

(b)if permitted under the plantation licence and the related agreement.

(3)A transfer of a related agreement in accordance with subsection (2) has effect to transfer obligations of the plantation licensee or plantation sublicensee under the agreement to the transferee despite any rule of law to the contrary.

s 61SR ins 2010 No. 12 s 45

61SSEffect of transfer after sale under mortgage

(1)Subsection (2) applies if a transfer of a plantation licence or plantation sublicence executed by a registered mortgagee after the exercise of the power of sale under a registered mortgage is registered.

(2)Registration of the transfer vests in the transferee the mortgagor’s interest that is transferred, free from liability under the mortgage and any other mortgage registered after it and any other mortgage not registered under this Act.

s 61SS ins 2010 No. 12 s 45

pt 6E div 8 hdg ins 2010 No. 12 s 45

61STDetails of trust must be given

(1)A corporation may be registered in the register as trustee of an interest in a plantation licence or plantation sublicence.

Examples—

•a mortgagee of a plantation licence may be registered as holding that interest as trustee

•a plantation licensee may be registered as holding that interest as trustee

(2)A certified copy of a document stating details of the trust, or a certified copy of the document creating the trust, must be lodged with the registrar of titles with the document creating the corporation’s interest as a trustee.

(3)If the details of the trust change, the trustee must lodge a certified copy of the document effecting the change with the registrar of titles.

(4)A document given to the registrar of titles under subsection (2) or (3) does not form part of the register.

s 61ST ins 2010 No. 12 s 45

amd 2021 No. 12 s 148 sch 3

pt 6E div 9 hdg ins 2010 No. 12 s 45

61SUDefinition for division

In this division—

enforcement warrant means an enforcement warrant under—

(a)the Civil Proceedings Act 2011, section 90; or

(b)the State Penalties Enforcement Act 1999, section 63.

s 61SU def enforcement warrant amd 2011 No. 45 s 217 sch 1A

s 61SU ins 2010 No. 12 s 45

61SVRegistering an enforcement warrant

(1)The registrar of titles may register a request to record an enforcement warrant only if an office copy of the warrant is lodged with the request.

(2)In this section—

office copy of an enforcement warrant under the State Penalties Enforcement Act 1999 means a copy of the enforcement warrant issued by the registrar under that Act.

s 61SV ins 2010 No. 12 s 45

amd 2021 No. 12 s 148 sch 3

61SWEffect of registering an enforcement warrant

Until an enforcement warrant is registered—

(a)it does not bind or affect a plantation licence or plantation sublicence, whether or not there is actual or constructive notice of the enforcement warrant; and

(b)it binds or affects a plantation licence or plantation sublicence only if the enforcement warrant is executed and put in force within—

(i)6 months after its lodgement; or

(ii)for an enforcement warrant under the Civil Proceedings Act 2011, section 90—the extended time allowed by the court that issued the enforcement warrant, if notified to the registrar of titles.

s 61SW ins 2010 No. 12 s 45

amd 2011 No. 45 s 217 sch 1A; 2021 No. 12 s 148 sch 3

61SXCancellation of registration of an enforcement warrant

Registration of an enforcement warrant may be cancelled if a request to cancel it is lodged and the registrar of titles is satisfied the time, or extended time, for executing and putting the warrant into force has ended.

s 61SX ins 2010 No. 12 s 45

amd 2021 No. 12 s 148 sch 3

61SYDischarging or satisfying an enforcement warrant

Discharge or satisfaction of an enforcement warrant may be registered if a request to register it is lodged and the registrar of titles is satisfied the warrant has been discharged or satisfied.

s 61SY ins 2010 No. 12 s 45

amd 2021 No. 12 s 148 sch 3

61SZTransfer of plantation licence or plantation sublicence sold in execution

(1)If a plantation licence or plantation sublicence is sold under a registered enforcement warrant, the registrar of the relevant court may execute a transfer to the purchaser.

(2)On registration of the transfer, the transferee becomes the plantation licensee or plantation sublicensee for the plantation licence or plantation sublicence subject to—

(a)registered mortgages and other registered interests; and

(b)unregistered mortgages notified by caveat lodged before registration of the enforcement warrant.

(3)To remove any doubt, it is declared that a sale of a plantation licence or plantation sublicence under a registered enforcement warrant is subject to the requirements of this Act relating to consent to the transfer of a plantation licence or plantation sublicence.

s 61SZ ins 2010 No. 12 s 45

61TEffect on enforcement warrant of transfer after sale by mortgagee

(1)Subsection (2) applies if—

(a)a mortgage is registered over a plantation licence or plantation sublicence; and

(b)an enforcement warrant is later registered in relation to the plantation licence or plantation sublicence.

(2)If the mortgagee of the plantation licence or plantation sublicence signs a transfer of the plantation licence or plantation sublicence after exercising the power of sale under the mortgage—

(a)registration of the enforcement warrant does not prevent registration of the transfer; and

(b)on registration of the transfer, the registrar of titles must cancel registration of the enforcement warrant.

(3)To remove any doubt, it is declared that a transfer of a plantation licence or plantation sublicence by a mortgagee exercising its power of sale is subject to the requirements of this Act relating to consent to the transfer of a plantation licence or plantation sublicence.

s 61T ins 2010 No. 12 s 45

amd 2021 No. 12 s 148 sch 3

pt 6E div 10 hdg ins 2010 No. 12 s 45

61TAPower of attorney

(1)A power of attorney that allows dealings with an interest in a plantation licence or plantation sublicence under this Act must be registered in the powers of attorney register under the Land Title Act 1994.

(2)A power of attorney registered under the Land Title Act 1994—

(a)is taken to be a power of attorney registered for this Act; and

(b)authorises the donee to deal with any interest in a plantation licence or plantation sublicence that may be dealt with by the donor under the power of attorney and this Act.

s 61TA ins 2010 No. 12 s 45

pt 6E div 11 hdg ins 2010 No. 12 s 45

pt 6E div 11 sdiv 1 hdg ins 2010 No. 12 s 45

61TBRequirements of caveats

(1)A caveat in relation to a plantation licence must be signed by or for the caveator.

(2)The caveat must state—

(a)the name of the caveator; and

(b)an address where documents can be served on the caveator; and

(c)unless the registrar of titles dispenses with it, the name and address of—

(i)the plantation licensee or plantation sublicensee affected by the caveat; and

(ii)anyone else having the right to deal with the plantation licence or plantation sublicence affected by the caveat; and

(d)the plantation licence affected by the caveat; and

(e)the registrable interest claimed by the caveator; and

(f)the grounds on which the interest is claimed.

(3)This section applies to caveats under this division other than a caveat prepared and registered by the registrar of titles under section 61TL(1).

s 61TB ins 2010 No. 12 s 45

amd 2021 No. 12 s 148 sch 3

61TCLodging caveat

(1)A caveat may be lodged by the following—

(a)a person claiming a registrable interest in a plantation licence or plantation sublicence;

(b)a person to whom an Australian court has ordered that an interest in a plantation licence or plantation sublicence be transferred;

(c)a person who has the benefit of a subsisting order of an Australian court in restraining a plantation licensee or plantation sublicensee from dealing with a plantation licence or plantation sublicence.

(2)However a caveat may only be lodged by a mortgagee under an unregistered mortgage if it is a caveat to which section 61TG applies.

Note—

The registrar of titles may prepare and register a caveat under section 61TL(1).

(3)An office copy of a court order mentioned in subsection (1)(b) or (c) must be deposited when a caveat is lodged under subsection (1).

s 61TC ins 2010 No. 12 s 45

amd 2021 No. 12 s 148 sch 3

61TDNotifying caveat

The registrar of titles must give written notice of lodgement of a caveat under this division to each person whose registered interest or whose right to registration of a document is affected by the caveat.

s 61TD ins 2010 No. 12 s 45

amd 2021 No. 12 s 148 sch 3

61TEEffect of lodging caveat

(1)A caveat lodged under this division prevents registration of a document affecting the plantation licence or plantation sublicence over which the caveat is lodged from the date and time endorsed by the registrar of titles on the caveat as the caveat’s date and time of lodgement.

(2)Subsection (1) has effect for a caveat until the caveat is cancelled, rejected, removed or withdrawn.

(3)However, lodgement of a caveat under this subdivision does not prevent registration of the following—

(a)a document stated in the caveat as a document to which the caveat does not apply;

(b)a document if the caveator consents to its registration;

(c)a document executed by a mortgagee whose interest was registered before lodgement of the caveat if the mortgagee has power under the mortgage to execute the document;

(d)a document of transfer of mortgage executed by a mortgagee whose interest was registered before lodgement of the caveat;

(e)another interest that, if registered, will not affect the interest claimed by the caveator.

(4)The exceptions mentioned in subsection (3)(c) and (d) do not apply to a caveat lodged by the registrar of titles.

(5)Also, registration of a caveat under section 61TL(1) does not prevent registration of the following—

(a)a document stated in the caveat as a document to which the caveat does not apply;

(b)a document if the registrar of titles consents to its registration.

(6)Lodgement of a caveat does not create in the caveator an interest in the plantation licence or plantation sublicence affected by the caveat.

s 61TE ins 2010 No. 12 s 45

amd 2021 No. 12 s 148 sch 3

61TFWithdrawing caveat

A caveator may withdraw a caveat lodged under this division by lodging a request to withdraw it.

s 61TF ins 2010 No. 12 s 45

61TGLapsing of caveat

(1)This section does not apply to a caveat if—

(a)it is lodged by the registered plantation licensee; or

(b)the consent of the registered plantation licensee is deposited when the caveat is lodged; or

(c)an office copy of a court order mentioned in section 61TC(1)(b) or (c) is deposited when the caveat is lodged; or

(d)it is prepared and registered by the registrar of titles under section 61TL(1).

(2)A caveatee of a caveat to which this section applies may serve on the caveator a notice requiring the caveator to start a proceeding in a court of competent jurisdiction to establish the interest claimed under the caveat.

(3)The caveatee must notify the registrar of titles within 14 days of service of the notice on the caveator.

(4)If a caveator does not want a caveat to which this section applies to lapse, the caveator must—

(a)start a proceeding in a court of competent jurisdiction to establish the interest claimed under the caveat—

(i)if a notice under subsection (2) is served on the caveator—within 14 days after the notice is served on the caveator; or

(ii)if a notice under subsection (2) is not served on the caveator—within 3 months after the lodgement of the caveat; and

(b)notify the registrar of titles within the 14 days or the 3 months that a proceeding has been started and identify the proceeding.

(5)If the caveator does not comply with subsection (4), the caveat lapses.

(6)The caveator is taken to have complied with subsection (4)(a) if a proceeding has been started in a court of competent jurisdiction to establish the interest claimed under the caveat before the caveat was lodged.

(7)The registrar of titles may remove a caveat that has lapsed from the register.

s 61TG ins 2010 No. 12 s 45

amd 2021 No. 12 s 148 sch 3

61THRemoving caveat

(1)A caveatee may at any time apply to the Supreme Court for an order that a caveat lodged under this division be removed.

(2)The Supreme Court may make the order whether or not the caveator has been served with the application, and may make the order on the terms it considers appropriate.

s 61TH ins 2010 No. 12 s 45

61TICancelling caveat

(1)This section does not apply to a caveat prepared and registered by the registrar of titles under section 61TL(1).

(2)The registrar of titles may cancel a caveat if a request to cancel the caveat is lodged and the registrar is satisfied—

(a)the interest claimed by the caveator has ceased or the claim to it has been abandoned or withdrawn; or

(b)the claim of the caveator has been settled by agreement or otherwise satisfied; or

(c)the nature of the interest claimed does not entitle the caveator to prevent registration of a document that has been lodged.

(3)The registrar of titles must notify the caveator of his or her intention to cancel the caveat at least 7 days before cancelling it.

(4)If a document that has been lodged will, on registration, give full effect to an interest claimed in a caveat, the registrar of titles may remove the caveat immediately before registering the document.

s 61TI ins 2010 No. 12 s 45

amd 2021 No. 12 s 148 sch 3

61TJFurther caveat

(1)This section applies if a caveat is lodged under this division (the original caveat) in relation to an interest.

(2)A further caveat with the same caveator can never be lodged in relation to the interest on the same, or substantially the same, grounds as the grounds stated in the original caveat unless the leave of a court of competent jurisdiction to lodge the further caveat has been granted.

(3)This section does not apply to a caveat prepared and registered by the registrar of titles under section 61TL(1).

s 61TJ ins 2010 No. 12 s 45

amd 2021 No. 12 s 148 sch 3

61TKNotices to the caveator

(1)A notice to a caveator under this subdivision is sufficiently served if left at or sent to the address mentioned in section 61TB(2)(b).

(2)If the registrar of titles is satisfied a notice under this subdivision will not reach the caveator if served in the way mentioned in subsection (1), the notice may be served in a way stated in a written direction by the registrar.

(3)If the registrar of titles is informed in writing, and is satisfied, the name or address of the caveator has changed, the registrar must note on the caveat details of the new name or address.

(4)A new name or address noted under subsection (3) becomes the name or address for service of a notice on the caveator.

s 61TK ins 2010 No. 12 s 45

amd 2021 No. 12 s 148 sch 3

pt 6E div 11 sdiv 2 hdg ins 2010 No. 12 s 45

sub 2021 No. 12 s 67

61TLRegistrar of titles may prepare and register caveat

(1)The registrar of titles may prepare and register a caveat over a plantation licence in favour of a person.

(2)The registrar of titles may act under subsection (1) to prevent a dealing with a plantation licence that may prejudice—

(a)the Commonwealth, a State or a relevant local government; or

(b)a person because of—

(i)misdescription of the plantation licence; or

(ii)fraud or forgery; or

(c)a person, other than a person mentioned in any of paragraphs (a) or (b), who has an interest in the plantation licence.

(3)Also, the registrar of titles may act under subsection (1) to prevent a dealing with a plantation licence—

(a)if the plantation licence is to be cancelled or terminated; or

(b)to give effect to an order of a court of competent jurisdiction directed to the registrar.

(4)Subsection (2)(c) applies only if the registrar of titles is satisfied, because of the nature or urgency of particular circumstances, there is no practicable alternative to registering the caveat.

(5)In this section—

dealing, with a plantation licence, does not include registering a document to cancel or terminate a plantation licence.

relevant local government means the local government in whose local government area the licence area for the plantation licence or plantation sublicence is situated.

s 61TL ins 2010 No. 12 s 45

amd 2021 No. 12 s 68

pt 6E div 12 hdg ins 2010 No. 12 s 45

61TMRelationship with Property Law Act 1974

(1)For parts 6D and 6E, the following provisions of the Property Law Act 1974 do not apply to a mortgage of a plantation licence or plantation sublicence—

•section 18 (Restrictions on operation of conditions of forfeiture)

•section 79 (Variation of mortgage)

•section 80 (Inspection and production of instruments)

•section 81 (Actions for possession by mortgagors)

•section 82 (Tacking and further advances)

•section 83 (Powers incident to estate or interest of mortgagee)

•section 85(1A) (Duty of mortgagee or receiver as to sale price)

•section 86 (Effect of conveyance on sale)

•section 87 (Protection of purchasers)

•section 89 (Provisions as to exercise of power of sale)

•section 91 (Amount and application of insurance money)

•section 99 (Sale of mortgaged property in action for redemption or foreclosure)

•section 100 (Realisation of equitable charges by the court)

•section 101 (Facilitation of redemption in case of absent or unknown mortgagees).

(2)The Property Law Act 1974, section 92(1A) applies to a mortgage under this Act as if a reference in that subsection to the Land Act or the Mineral Resources Act were a reference to this Act.

s 61TM ins 2010 No. 12 s 45

61TNRelationship with Personal Property Securities Act 2009 (Cwlth)

(1)It is declared that the following are not personal property for the purposes of the Personal Property Securities Act 2009 (Cwlth)—

(a)a plantation licence;

(b)a plantation sublicence;

(c)a right conferred on a plantation licensee or plantation sublicensee under this Act, a plantation licence or plantation sublicence, including a right to natural resource product or quarry material in a licence area;

(d)any other right, licence or authority granted under this Act.

(2)Subsection (1) does not limit the application of the Personal Property Securities Act 2009 (Cwlth), section 8(1)(f)(i) to a plantation licence or plantation sublicence.

s 61TN ins 2010 No. 12 s 45

pt 6E div 13 hdg ins 2010 No. 12 s 45

61TOWithdrawing lodged document before registration

(1)If the registrar of titles is satisfied the order in which a document has been lodged in relation to other documents will not give effect to the intention expressed in it or a related document, or is a document that should not have been lodged, the registrar may—

(a)withdraw the document; or

(b)permit the document to be withdrawn.

(2)A document withdrawn by the registrar of titles under subsection (1)(a) remains in the register, unless the document is a document that should not have been lodged.

(3)The registrar of titles may relodge a document that has been withdrawn by the registrar.

(4)On receiving a written application, the registrar of titles may permit the applicant to relodge a document that the registrar has permitted to be withdrawn.

(5)A document withdrawn under subsection (1) loses its priority under section 61SA and is taken to have been lodged on the day and at the time endorsed on it by the registrar of titles on its relodgement.

s 61TO ins 2010 No. 12 s 45

amd 2021 No. 12 s 148 sch 3

61TPRegistrar of titles may call in document for correction or cancellation

The registrar of titles, by written notice, may require a person to deposit a document for correction or cancellation.

s 61TP ins 2010 No. 12 s 45

amd 2021 No. 12 s 148 sch 3

61TQRequisitions

(1)The registrar of titles, by written notice (requisition) given to a person who has lodged or deposited a document, or to another person who reasonably appears to the registrar to be relevantly associated with the document, may require a person to—

(a)re-execute, complete or correct the document if it appears to the registrar to be wrong, incomplete or defective; or

(b)produce to the registrar stated information, or deposit a stated document, in support of the application to register a document.

(2)The registrar of titles may require the document or information to be verified by statutory declaration or affidavit.

(3)A requisition may state when, and the place where, it must be complied with.

(4)The registrar of titles may extend the time for complying with a requisition.

(5)The registrar of titles may refuse to deal with a document lodged or deposited (and any document depending on it for registration) until the requisition is complied with.

s 61TQ ins 2010 No. 12 s 45

amd 2021 No. 12 s 148 sch 3

61TRRejecting document for failure to comply with requisition

(1)If a requisition is not complied with by a person within the time stated or extended by the registrar of titles, the registrar may reject the document to which the requisition relates and any document depending on it for registration.

(2)A rejected document loses its priority under section 61SA and must be returned by the registrar of titles to the person who lodged it.

(3)A memorandum recording the rejection of a document may be endorsed on the rejected document or in a separate record kept in the register.

(4)This section does not prevent relodgement of a rejected document after the requisition has been complied with.

s 61TR ins 2010 No. 12 s 45

amd 2021 No. 12 s 148 sch 3