New South Wales Consolidated Acts

FORESTRY ACT 1916 - SECT 27E

27E Trees planted, established or necessary for certain purposes

(1) Where the commission, pursuant to section 25F (5), has formed the opinion, or where the commission is otherwise of the opinion, that any trees on Crown-timber lands (not being Crown-timber lands referred to in paragraph (a) of the definition of "Crown-timber lands" in section 4):

(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 lands, 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 (2), are necessary for shade or shelter or for the purpose of the farming, improvement or protection of the lands,

the commission shall not issue a timber licence or products licence in respect of those lands unless the licence includes a condition or limitation preventing the holder of the licence from taking from the land to which the licence relates any such trees as are designated or described in the condition or limitation.

(2) The obligation to impose a condition or limitation in respect of trees referred to in subsection (1) (b) extends only to trees designated or described in the condition or limitation and having a total timber content not exceeding 150 cubic metres, as determined by the commission.

(3) Subsection (1) does not apply to the issue, in relation to Crown-timber lands which are subject to a tenure specified or described in the First Schedule, of a timber licence or products licence to the holder of that tenure or, with the consent of that holder, to any other person.