New South Wales Consolidated Acts

FORESTRY ACT 1916 - SECT 25F

25F Crown’s rights to timber and products on purchase-tenure land

(1) Upon land becoming purchase-tenure land there is (unless the commission has certified under section 25E (7) that this section is not to apply to the land) reserved to the Crown for the enjoyment of the commission, or, if a timber licence or products licence is issued in respect of that land, for the enjoyment of the holder of the licence, a profit à prendre conferring on the commission or that holder, as the case may be, the right, whether or not the balance of purchase money is paid or the land is under the provisions of the Real Property Act 1900 , to take timber or products from that land to the exclusion of any person who, but for this subsection, would be entitled to take the timber or products.

(2) Subject to section 25I a profit à prendre reserved in respect of any land under subsection (1) expires at the end of a period of ten years from the date on which the land became purchase-tenure land.

(3) Except as otherwise provided by this Act, the commission, or the holder of a timber licence or products licence entitled to the enjoyment of a profit à prendre reserved under subsection (1), is not liable to make any payment in respect of the rights conferred thereby.

(4) Without derogating from the rights conferred by law on persons entitled to the enjoyment of profits à prendre, the commission, or holder of a timber licence or products licence, entitled to the enjoyment of a profit à prendre reserved in respect of any land under subsection (1) may, during the currency of the profit à prendre, and with or without workers or servants and animals, vehicles, machinery and equipment, enter upon and occupy the land affected by the profit à prendre for the purpose of removing, treating, processing or protecting the timber or products the subject of the profit à prendre for the purpose of constructing roads, bridges, gates and ramps and incidental works that, in the opinion of the commission, are necessary to enable the timber or products to be removed from the land, but nothing in this subsection authorises the holder of a licence to contravene any conditions or limitations of that licence.

(5) A profit à prendre reserved in respect of any land under subsection (1) does not confer the right to take from the land any trees which, in the opinion of the commission:

(a) have been planted or established and have been maintained by careful tending and improvement as a woodlot or forest or for the purpose of tree-farming or have been planted or established as a windbreak or for the beautification of the land, or

(a1) have been established on land that is the subject of a forestry right within the meaning of section 87A of the Conveyancing Act 1919 , or

(b) are growing on land that has been substantially improved for farming purposes and which, subject to subsection (6), are necessary for shade or shelter or for the purpose of the farming, improvement or protection of the land.

(6) The restriction of a profit à prendre imposed by paragraph (b) of subsection (5) extends only to trees selected by the commission and having a total timber content not exceeding 150 cubic metres, as determined by the commission.

(7) The reservation in respect of any land of a profit à prendre under subsection (1) does not prevent the owner of that land from taking timber or products for the purpose of erecting fences on the land or, with the consent in writing of the commission, for building or other purposes on the land.

(8) Every estate or interest acquired by an agreement for the disposition of purchase-tenure land which has not been brought under the provisions of the Real Property Act 1900 or by a transfer or conveyance of any such land shall, notwithstanding any other law, be subject to any rights under a profit à prendre affecting the land and reserved to the Crown under subsection (1).