New South Wales Consolidated Acts

FORESTRY ACT 1916

- As at 17 July 2009
- Act 55 of 1916

TABLE OF PROVISIONS

           Long Title

   PART 1A - PRELIMINARY

   1.      Name of Act and commencement
   2.      (Repealed)
   3.      Repeal
   4.      Definitions

   PART 1 - THE COMMISSION AND ITS POWERS AND DUTIES

   5.      Constitution of the commission
           6, 6A. (Repealed)
   7.      Incorporation
   8.      Judicial notice of incorporation
   8A.     Objects of the commission
   9.      General powers of the commission
   9A.     Secretary to the commission
   9B.     Inspectorial districts
   10.     Training, research and collection of statistics
   10A.    Delegation
   11.     Powers and duties of the commission
   11AA.   Limit on power to take timber etc from land subject to forestry right
   11A.    Sylvicultural management of certain lands in the land district of Murrumbidgee
   11B.    Sylvicultural management of certain lands in catchment areas etc
   11C.    Power of the commission to patent and use inventions
   11D.    (Repealed)
   12.     Banking arrangements
   13.     Application of money
   14.     Funds
   14A.    Dividends

   PART 2 - STATE FORESTS, TIMBER RESERVES AND FLORA RESERVES

   15.     Acquisition and sale of land
   16.     (Repealed)
   16A.    Exchange of land dedicated as State forest
   17.     Classification of forest lands
   17A.    Review of dedicated State forests
   18.     Dedication of State forests
   19.     Revocation of dedication
   19A.    National forests
   19B.    Revocation of dedication etc in certain circumstances
   20.     Leases within State forests
   20A.    Easements
   21.     Land subject to mining law
   21A.    Special management zones
   22.     Reservation of timber reserves
   23.     Revocation of reservation
   24.     Lease or licence of land within a timber reserve
   25.     Existing leases and licences in State forests and timber reserves
   25A.    Flora reserves
   25B.    (Repealed)

   PART 2A - PROVISIONS APPLICABLE ON CONVERSION OF CERTAIN LEASES FROM THE CROWN TO FREEHOLD

   25C.    Definitions
   25D.    Application of provisions of this Part
   25E.    Restriction on granting applications to purchase land subject to prescribed leases from the Crown
   25F.    Crown’s rights to timber and products on purchase-tenure land
   25G.    Commission may sell its rights in timber and products on purchase-tenure land
   25H.    Timber or products to be removed in one continuous operation
   25I.    Commission to execute certificate releasing land from profit à prendre
   25J.    (Repealed)

   PART 3 - PROVISIONS RELATING TO THE TAKING OF TIMBER, PRODUCTS AND FOREST MATERIALS

           Division 1 - Unlawful taking of timber, products and forest materials

           26, 26A. (Repealed)
   27.     Penalty for unlawfully taking timber, products or forest materials

           Division 2 - Licences

   27A.    Timber licences
   27B.    Products licences
   27C.    Forest materials licences
   27D.    Consents of lessees and trustees
   27E.    Trees planted, established or necessary for certain purposes
   27F.    Issue of licences in respect of flora reserves
   27G.    Clearing licences
   27H.    Restrictions on issue of clearing licences
   28.     Sawmill licences
   29.     Penalty for unlawfully working sawmill

           Division 3 - Payment of royalty

   30.     Definitions
   30A.    Royalty for timber, products and forest materials
   30AA.   Limitation on royalty
   30B.    Amount of royalty
   30C.    (Repealed)
   30D.    Timber organisations
   30E.    Apportionment of royalty-certain land
   30F.    Royalty payments by commission
   30G.    (Repealed)
   30H.    Liability for royalty if timber etc taken without licence

           Division 4 - Taking of small quantities from certain lands

   30I.    Taking of small quantities of timber etc from certain lands

           Division 5 - Savings and transitional provisions

   30J.    Definitions
   30K.    Phasing-in of royalty apportionment scheme
   30L.    Prevention of payment of compensation and royalty apportionment for same period
   30M.    (Repealed)

   PART 4 - PERMITS AND FOREST LEASES

   31.     Permits to occupy and use land
   32.     Offences relating to the grazing of animals and the occupation or use of land
   32A.    Definition of animal for purposes of sec 32C
   32B.    (Repealed)
   32C.    Offences relating to hunting and using firearms etc
   32D.    Delivery up and seizure of firearms etc
   32E.    Disposal of firearms etc
   32F.    Special purposes permits
   32G.    Offences relating to activities prescribed for the purposes of sec 32F
   33.     Issue of forest leases
   33A.    Roads of access-declaration of

   PART 4A - CARBON SEQUESTRATION RIGHTS

   33B.    Definitions
   33C.    Powers of commission in respect of carbon sequestration rights

   PART 5 - GENERAL AND SUPPLEMENTAL

   34.     Licences, permits and forest leases not transferable
   35.     Suspension of licence, permit or lease
   35A.    Removal of unauthorised structures
           35B-36. (Repealed)
   36A.    Control signs
   37.     Savings, transitional and other provisions
   38.     Power to enter land and inspect
   38A.    Requirement to state name and address
   38B.    Requirement for owner of motor vehicle and others to give information
   38C.    Liability of vehicle owners for parking offences
   39.     Recovery of royalties and rents
   40.     Reviews of certain decisions under Act by Administrative Decisions Tribunal
   41.     Regulations
   42.     (Repealed)
   43.     Seizure and forfeiture of timber, products and forest materials
   44.     Penalties for offences against officers etc
   45.     False entries or returns
   45A.    Evidence of maps or plans
   45B.    Certain allegations in informations
   46.     Recovery of penalties etc
   46A.    Penalty notices for certain offences
   47.     Penalties to be in addition to fines under licences or permits
   48.     Compensation
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3