New South Wales Consolidated Acts

FORESTRY ACT 1916 - SECT 11

11 Powers and duties of the commission

(1) Subject to this Act, the commission:

(a) shall have the control and management of State forests, timber reserves and flora reserves and shall control and manage them in such manner as best serves the public interest and, in so doing, may maintain and improve indigenous species of trees and may on State forests and timber reserves establish, maintain and improve plantations of indigenous species and exotic species, of trees,

(b) may take any timber or products on any Crown-timber lands or, in accordance with the working plan for any flora reserve, on that flora reserve,

(c) may sell or otherwise dispose of any timber or products:

(i) so taken or otherwise acquired by the commission, or

(ii) for the sale or other disposition of which the commission has entered into an agreement under paragraph (m) (iii),

(d) may convert any timber:

(i) so taken or otherwise acquired by the commission, or

(ii) for the conversion of which the commission has entered into an agreement under paragraph (m) (iii),

into logs, wood-chips, wood-pulp or sawn, hewn or dressed timber or any other article or any substance and may (subject to the terms and conditions of any such agreement which relates thereto) process any of those articles or substances or any bark, sidings, off-cuts, sawdust, shavings, or other residues produced as a consequence of the production of any of those articles or substances and sell or otherwise dispose of those articles or substances or anything produced as a consequence of processing any of those articles, substances or residues,

(d1) may, in respect of timber taken by the commission or any other person on Crown-timber lands, control the utilisation, sale and disposal of bark, sidings, off-cuts, chips, sawdust, shavings and other residues produced as a consequence of the conversion of that timber into logs or any other article,

(d2) may construct, purchase or take on lease or licence sawmills, factories or other premises for the purpose of enabling it to carry out any operation referred to in paragraph (d) of section 11C (2), together with such plant, machinery and equipment as may be necessary for the purpose of enabling it to carry out any such operation,

(d3) may engage such employees as are, in the opinion of the commission, necessary for the purpose of enabling it to carry out any operation referred to in paragraph (d) or section 11C (2),

(e) may construct roads, bridges, gates, ramps, railways, or incidental works, necessary for the taking or removing of timber or products on Crown-timber lands or for the taking or removing of any forest materials from any State forest or for the classification of lands in accordance with section 17,

(f) may, without limiting the generality of the powers conferred on it by section 7 (1A), purchase, take on lease or licence, charter or otherwise acquire any vehicle, aircraft, vessel, plant, machinery or other thing and adapt or manufacture machinery or equipment:

(i) necessary for the taking or removing of timber or products on Crown-timber lands,

(ii) necessary for the transporting of any article or other thing produced as a consequence of an operation carried out by the commission pursuant to paragraph (d),

(iii) necessary for the taking or removing of timber or products pursuant to an agreement under paragraph (m) (iii), or

(iv) otherwise necessary for the attainment of its objects or the exercise or performance of any of its powers, authorities, duties or functions under this Act,

(f1) may, without limiting the generality of the powers conferred on it by section 7 (1A) but subject to section 7 (3), sell, let on lease, charter or otherwise dispose of any vehicle, aircraft, vessel, plant, machinery or other thing acquired, adapted or manufactured by the commission pursuant to paragraph (f),

(f2) may purchase or otherwise acquire vehicles, vehicle chassis, aircraft, vessels, machinery or equipment and adapt them or it for the purpose of fire-fighting, may manufacture machinery or equipment for that purpose and may sell, let on lease, charter or otherwise dispose of anything adapted or manufactured for that purpose under this paragraph,

(g) may establish seed orchards and nurseries for the propagation of trees and shrubs and may purchase seeds, trees and shrubs,

(h) may sell seeds, trees and shrubs produced in seed orchards or nurseries established by the commission,

(i) subject to the Rural Fires Act 1997 , may carry out on Crown-timber lands measures for the protection from fire of timber and products on Crown-timber lands,

(j) may carry out research into the management of forests and flora reserves, including research into the growth and protection of trees and shrubs and the properties and use of timber and products,

(k) may provide an inspection service for the inspection of timber, whether or not the timber is incorporated in any structure,

(k1) may provide a service for the testing of timber and articles and commodities associated with the use of timber,

(l) may publish information and provide advice to the public with respect to the growth and protection of trees and shrubs and the properties and use of timber and products,

(m) may enter into an agreement with any person:

(i) for the supply by way of sale to that person, at such intervals or during such periods, of such quantities and kinds of timber or products taken or otherwise acquired by the commission, or such quantities and kinds of articles, substances or other things produced as a consequence of the exercise by the commission of the powers conferred on it by paragraph (d), as may be specified in the agreement,

(ii) under which the commission, with the approval of the Minister, agrees to issue to that person timber licences or products licences or timber licences and products licences for the taking, at such intervals or during such periods, of such quantities and kinds of timber or products or timber and products, as may be specified in the agreement from lands within any area so specified,

(iia) under which the commission carries out sylvicultural activities on, or under which the commission obtains the benefit of a forestry right (within the meaning of Division 4 of Part 6 of the Conveyancing Act 1919 ) in respect of, that person’s land,

(iii) for the taking or removing of timber or products belonging to that person, the sale or other disposition of any such timber or products on that person’s behalf, the carrying out of any operation referred to in paragraph (d) with respect to any such timber or products or any residues thereof on that person’s behalf or the acquisition of any such timber or products from that person, or

(iv) for the doing of any thing for or in relation to any matter necessary for or incidental to the attainment of its objects or the exercise or performance of any of its powers, authorities, duties or functions conferred or imposed by or under this or any other Act,

(m1) may:

(i) join with any other person or persons in forming a partnership, but only where the partnership is formed for the purpose of carrying on the business of forestry, for the purpose of promoting safety and proficiency of forest operations or for the purpose of carrying on an activity of the same nature as an activity which the commission is empowered to carry on by paragraph (d), (g), (h), (j), (k), (k1) or (l) or section 11C (2),

(ii) either jointly with any other person or persons or by itself, acquire an interest in any partnership that carries on an activity of the nature referred to in subparagraph (i), or

(iii) involve itself in the control and management of, and in any activity of the nature referred to in subparagraph (i) carried on by, any partnership formed under subparagraph (i) or in which it has acquired an interest under subparagraph (ii),

(m2) may form a corporation (whether by joining with any other person or otherwise) for the purpose of facilitating the exercise of any of the commission’s functions under this Act,

(m3) may do any one or more of the following:

(i) procure the use of land on behalf of investors under a forestry right or by purchase, lease or otherwise,

(ii) establish and maintain timber plantations on behalf of investors or other persons,

(iii) harvest and market timber grown on behalf of investors or other persons,

(m4) may exercise any of the powers referred to in section 33C,

(m5) without limiting paragraph (m4), may, for any purpose consistent with its objects, grant a forestry right (within the meaning of section 87A of the Conveyancing Act 1919 ) in respect of a State forest, timber reserve or land owned by it, including any such right that is for the benefit of the commission, and only with the consent of any lessee in the case of a timber reserve, or

(n) may determine, from time to time, whether fees or charges shall be charged in respect of any activity carried out by the commission by or under this Act and, if so, the amounts of those fees or charges and the persons by whom those fees or charges shall be paid.

(1AA) The commission may exercise the powers conferred on it by subsection (1) (d2), (d3) and (m1) only with the approval of the Minister granted with the concurrence of the Treasurer.

(1A) The commission may, with the approval of the Minister, enter into an agreement with any other Minister or with any statutory body or any other body prescribed by the regulations for the purposes of this section or any council (within the meaning of the Local Government Act 1993 ), who or which has power to enter into such an agreement for the joint utilisation of any land comprised in a State forest in accordance with any working plan or scheme of operations which is contained in or referred to in the agreement and which is consistent with the continuation of the use of the land as a State forest.

(1B) For the purpose only of exercising its powers under subsection (1A), the commission shall, for the purposes of any other Act which provides that a Minister, statutory body or any such council may enter into an agreement with the owner of any land, be deemed to be the owner of land comprised in a State forest.

(1C) The commission may:

(a) with the approval of the Minister, enter into an agreement with any person who has power to enter into such an agreement for the control or sylvicultural management (or both) of land, not being land to which section 11A or 11B applies, and

(b) in accordance with the terms and conditions of an agreement entered into under paragraph (a), control and manage the land to which the agreement relates.

(1D) Subject to the terms and conditions of the agreement, the provisions of this Act apply to and in respect of any land which, in accordance with an agreement under subsection (1C), is under the control and sylvicultural management of the commission as if the land were a State forest.

(2) The commission may purchase animals and depasture them on State forests, and may sell such animals.

(3) The commission may with the approval of the Minister:

(a) construct, maintain and manage kilns which shall be used solely for conducting experiments in or in relation to the drying of timber,

(b) purchase any land necessary to enable it to exercise the powers conferred by paragraph (a).

(4) The commission may enter into an agreement with the holder of a timber licence, products licence or forest materials licence for the construction by that holder of roads, bridges, gates and ramps that, and any incidental works that, in the opinion of the commission, are necessary to enable timber, products or forest materials to be taken from the land in respect of which the licence was issued and for the cost of the roads, bridges, gates and ramps and the incidental works, as specified in the agreement, to be deducted, in such manner as may be specified in the agreement, by the holder of the licence from the royalties which, but for the deductions, the holder would be liable to pay.