(1) A forest reserve is to be managed to do the following—
(a) protect the
biological diversity, cultural resources and values and conservation values of
land included in the reserve, having regard to the purpose of this part;
(b)
provide for the continuation of any lawful existing use of the land;
Examples
of existing uses that may be lawful existing uses—
1 apiculture, foliage
harvesting, recreation and salvage timber harvesting under the
Forestry Act 1959
(c) ensure all uses of the land under an
authority in relation to the forest reserve made after its dedication are
ecologically sustainable;
(d) ensure all uses of the land under an authority
made after any designation of land in the forest reserve as a proposed
protected area are consistent with the management principles for the class of
protected area that the land is proposed to become.
(2) However, subsection
(1) (b) only applies to the use of the land for commercial logging if the
purpose of the logging is to remove plantation trees to restore the land’s
conservation values.
(3) To remove any doubt, it is declared that the
dedication of the land as a forest reserve or any designation of land in the
forest reserve as a proposed protected area does not extinguish or affect
native title or native title rights and interests in relation to the land.
(4) In this section—
"commercial logging" means taking timber for commercial gain, other than—
(a) to build, maintain or repair public infrastructure or utilities relating
to the forest reserve; or
(b) to enhance or protect a lawful use of the land,
or to ensure the use may be carried out safely; or
(c) to allow native
vegetation on the land to be regenerated under a written approval given by the
chief executive; or
(d) for use as firewood; or
(e) incidentally to a lawful
use of the land that does not involve taking timber.
Example for paragraph
(e)—
If collecting seeds from trees on the land is lawful, collecting the
seeds may involve taking branches from trees that have the seeds on them.
"ecologically sustainable" , for use of the land, means use within the
capacity of the land to sustain natural processes while—
(a) maintaining the
life support systems of nature; and
(b) ensuring the benefit of the use to
present generations does not diminish the potential to meet the needs and
aspirations of future generations.
"make" , for an authority, includes renew the authority.
