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FORESTRY ACT 1959 - SCHEDULE 2

FORESTRY ACT 1959 - SCHEDULE 2

SCHEDULE 2 – Subject matters for regulations

1 Officers

Prescribing the powers, functions, authorities and duties of forest officers and other persons performing duties under this Act.

2 Training of officers

Providing for the training of officers.

3 Mode of action etc.

Prescribing and defining the manner of doing or performing any act or thing under or for the purposes of this Act, and the time when or within which it shall be done or performed.

4 State forests and timber reserves

(1) Regulating and controlling—
(a) the management and control of State forests or timber reserves;
(b) the conduct and duties of persons in State forests or timber reserves;
(c) recreational and commercial activities within State forests or timber reserves.
(2) Providing for the payment of charges for the use of facilities and improvements on State forests or timber reserves and prescribing the amount thereof.
(3) Providing for camping fees payable in relation to camping in State forests and timber reserves.

4A State forest parks, feature protection areas and forest drives

(1) Regulating and controlling recreational activities in or on State forest parks, feature protection areas and forest drives.
(2) The regulations may vary in respect of different State forest parks, feature protection areas and forest drives.

5 Use etc. of buildings

Providing for, regulating and controlling the use, management, and letting of any building or structure or other improvement the property of the State or FPQ.

6 Method of getting and disposal

Prescribing, regulating, and controlling the method, system, or order of getting and disposal of quarry material and forest products within all or any parts of State forests and timber reserves, or other prescribed lands whereon quarry material or forest products are the property of the Crown or FPQ.

7 Permits etc.

(1) Prescribing, regulating, and controlling applications for, and the granting and issuing of leases, permits, licences, and other authorities, and the entering into agreements and contracts, under or for the purposes of this Act.
(2) Prescribing the provisions, conditions, and reservations subject to which all or any such leases, permits, licences, other authorities, agreements and contracts shall be granted or made, held, transferred, mortgaged, extended, determined, cancelled, forfeited, surrendered, or withdrawn.
(3) Prescribing, regulating, and controlling the exercise of the powers and authority conferred by leases, permits, licences, other authorities, agreements and contracts, and all or any matters incidental thereto.
(4) Prescribing the conditions under which, and the period or maximum period for which, the obligations under this Act of the holder of a lease, permit, licence, or other authority, or of a party to a contract or agreement to perform any conditions thereof may be suspended.
(5) Prescribing the manner and form of forfeiture or cancellation or suspension of leases, permits, licences, other authorities, and agreements and contracts, and the conditions under which such may be made, and the procedure to be observed.

8 Deposits etc.

Prescribing the deposits to be lodged with an application or tender under this Act and prescribing the conditions under which such deposits may be forfeited.

9 Auction etc. of forest products

(1) Prescribing and regulating the method and the procedure for the sale, whether by auction, tender or other method of sale, of forest products or quarry material, and enabling upset prices or minimum royalties, stumpages, or charges to be fixed.
(2) Providing for the drawing up from time to time of price lists for various timbers and other forest products and various classes and specifications of timbers and other forest products whether in the forest or converted in any way or delivered to any place.

10 Auction etc. of grazing permits etc.

Prescribing the procedure for the sale by auction or tender or otherwise of rights, stock grazing permits, occupation permits, or apiary permits, and enabling upset prices or minimum charges to be fixed.

11 Declarations etc.

(1) Providing in respect of forest products or quarry material, irrespective of source, for the making of declarations or statements in writing as to the quantity and description of forest products or quarry material got, held, treated, consigned, or exported, or otherwise disposed of, and as to the place where any forest products or quarry material were obtained, and as to the place to which they were or were intended to be consigned or otherwise disposed of.
(2) Prescribing the time within which such declarations or statements shall be made.

12 Inspection

(1) Providing for the inspection of forest products or quarry material for export and for local uses.
(2) Prescribing the forms and certificates to be used, the fees to be paid, and the brands or marks to be used.

13 Grading

Prescribing rules for the naming, classifying, and grading of timber and other forest products for export and for local use.

14 Sizes, quantities etc.

(1) Prescribing the kinds, sizes, and quantities of any forest products or quarry material which may be got.
(2) Prohibiting the removal of any forest products or quarry material until branded or marked, or otherwise permitted by a forest officer.

15 Brands

(1) Prescribing for all or any purposes of this Act the mode in which any forest products are to be branded or marked, and the mode in which such brands or marks shall be registered.
(2) Requiring the registration of brands by all or any timber-workers operating under agreements, contracts, permits, or licences.
(3) Prescribing the manner of and the fees to be paid for all or any such registrations.
(4) Requiring the holders of permits or licences and all owners of private forests to register and retain the use of a brand whereby timber or other forest products cut or removed under their permits or licences or cut in or removed from their holdings may be distinguished from any other timber or other forest products.
(5) Prescribing the manner of and the fees to be paid for all or any such registrations.

16 Records

Prescribing the books and records to be kept and the returns to be made by persons working or taking delivery of forest products or quarry material.

17 Production of permits etc.

Requiring the production of any lease, permit, licence, or other authority, agreement or contract by the holder thereof, for the purpose of making an endorsement thereon, or for any other purposes.

18 Fire prevention etc.

Prescribing means for fire prevention and protection in State forests and timber reserves.

19 Felling trees

Regulating and controlling the felling or cutting of trees which are on any State forest or timber reserve.

20 Prevention of pollution

Prescribing with respect to the depositing or discharge of effluent, rubbish, refuse, garbage, litter or other matter whether in a solid or fluid state on State forests or timber reserves.

22 Honorary rangers

Prescribing the powers, functions and authorities of honorary rangers.

23 Reservation of trees

(1) Reserving from sale any tree or kind or class of trees within State forests or timber reserves or other place whereon the forest products are the property of the Crown, either wholly or to such extent as is considered necessary.
(2) Prohibiting the getting, destroying, or damaging of reserved trees.

24 Forms

Prescribing forms (including registers, records, books, documents, instruments, licences, permits, agreements, contracts, and other writings) under and for the purposes of this Act and the respective purposes for which such forms, or forms to the like effect, shall be used and specifying such information as is required to be contained in such forms, and requiring the verification of any statements inserted in or on any prescribed forms by declaration made under the Oaths Act 1867 .

25 Fees etc.

Prescribing the matters or things in respect whereof fees, costs, royalties, stumpages, charges, and expenses shall be payable under this Act (including royalties, stumpages, and charges to be paid to the Crown or FPQ) in respect of any forest products or quarry material cut or got and removed pursuant to licences, permits, agreements or contracts under this Act, and the amounts of such fees, costs, royalties, stumpages, charges, and expenses, and prescribing the persons who shall be liable for the payment of such fees, costs, royalties, stumpages, charges, and expenses, and when such fees, costs, royalties, stumpages, charges, and expenses shall be payable and paid, and providing for the manner of payment thereof and for the recovery of any amount thereof not duly paid.

26 Stock

Prescribing all or any matters and things necessary or desirable with respect to the disposal of or dealing with stock found on State forests, timber reserves and forest entitlement areas.

27 Penalties

Prescribing a penalty of not more than 20 penalty units for a contravention of a regulation.