New South Wales Consolidated Acts

FORESTRY ACT 1916 - SECT 15

15 Acquisition and sale of land

(1) The Minister may, for the purpose of a State forest, for the purpose of providing access to a State forest or for any purpose necessary for or incidental to the management or control of a State forest, acquire land (including an interest in land) by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 .

(2) On acquisition, the land is vested in the Crown.

(3) The Minister may, for the purpose of giving effect to an agreement entered into under section 16A, acquire land dedicated as State forest by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 .

(4) Despite sections 18 (2), 19, 19A, 21A (1A) and 25A (4) of this Act, the publication in the Gazette of an acquisition notice under section 19 of the Land Acquisition (Just Terms Compensation) Act 1991 for the purposes of subsection (3) operates to revoke any dedication as State forest, declaration as national forest, declaration as special management zone or setting apart as flora reserve of the land referred to in the acquisition notice.

(4A) The Minister may, on behalf of the Crown, acquire land (including an interest in land) for the purposes of a future lease grant or dealing by agreement or by compulsory process in accordance with the Land Acquisition (Just Terms Compensation) Act 1991 .

(4B) An acquisition for a future lease grant or dealing is an acquisition:

(a) to enable the reservation, dedication or setting apart of land under this Act and the exercise of powers, authorities, duties and functions conferred or imposed by or under this Act in relation to land, or

(b) to enable the exercise of powers, authorities, duties and functions conferred or imposed by or under this Act in relation to land already reserved, dedicated or set apart under this Act.

(4C) The publication in the Gazette of an acquisition notice under section 19 of the Land Acquisition (Just Terms Compensation) Act 1991 for a purpose that is described as a future lease grant or dealing does not:

(a) to the extent to which the land referred to in the acquisition notice was Crown land immediately before the publication of the acquisition notice, affect the status of the land as Crown land, or

(b) operate to revoke a dedication as State forest, declaration as national forest, declaration as special management zone, dedication or setting apart as a flora reserve or reservation as a timber reserve of the land referred to in the acquisition notice.

(4D) Nothing in this section is to be taken to mean that the Minister cannot exercise functions in relation to land under this Act unless the Minister first compulsorily acquires the land concerned.

(4E) Subsection (4A) does not limit the purposes for which land may be acquired under subsection (1) or any other provision of this Act.

(5) For the purposes of the Public Works Act 1912 , any acquisition of land under this section is taken to be for an authorised work and the Minister is, in relation to that authorised work, taken to be the Constructing Authority.

(6) The Minister may, on the recommendation of the commission, sell any lands acquired to provide access to a State forest or for any purpose necessary for or incidental to the control or management of a State forest if those lands have not been dedicated as a State forest, are not required for the purpose of a State forest or to provide access to a State forest or for any purpose necessary for or incidental to the control or management of a State forest.