FORESTS ACT 1958 - SECT 38 Power to acquire compulsorily land for certain forest purposes
FORESTS ACT 1958 - SECT 38
Power to acquire compulsorily land for certain forest purposesS. 38(1) amended by Nos 7228 s. 7(Sch. 4 Pt 12(a)), 7674
s. 3(a), S.R. No. 258/1974 reg. 5, Nos 121/1986 s. 112,
41/1987 s. 103(Sch. 4
item 24.38), 76/1998
s. 10(1)(h).
(1) The Minister may purchase by agreement or compulsorily acquire any land required for the purposes of the Secretary—
(a) for securing ingress egress and regress to and from any reserved or protected forest;
(b) for the use maintenance or transmission of mechanical hydraulic or electric power as a means of transporting forest produce or for operating or lighting any sawmill plant or machinery or other industrial undertaking in a State forest; or
(c) for the construction of tramways roads or tracks in or in the vicinity of any State forest—
to an extent not exceeding 20 metres in width over the whole length of the land required for any such purpose.
S. 38(2) amended by Nos 7228 s. 7(Sch. 4 Pt 12(a)), 7674 s. 3(a), 121/1986 s. 112.
(2) The Minister may purchase by agreement or compulsorily acquire any land required—
(a) for the due conservation and proper working of State forests and plantations;
(b) for the protection of State forests and plantations from sand-drifts upon such land; or
(c) for the prevention or minimising of erosion by rivers streams rain or wind of the soil of State forests or plantations by the planting of such land with trees or grasses or otherwise.
S. 38(2A) inserted by No. 7674 s. 3(b), amended by No. 121/1986 s. 112.
(2A) The Governor in Council may by Order published in the Government Gazette dedicate any land purchased or compulsorily acquired under subsection (2) as a reserved forest.
S. 38(3) amended by Nos 7228 s. 7(Sch. 4 Pt 12(a)), 7674 s. 3(a), substituted by No. 121/1986 s. 112.
(3) The Land Acquisition and Compensation Act 1986 applies to this Act and for that purpose—
(a) the Forests Act 1958 is the special Act; and
(b) the Minister is the Authority.
S. 38(4) repealed by No. 121/1986 s. 112.
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Ss 38A, 39 repealed. [4]
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Naming &c., Victorian timber &c.
No. 6073 s. 40.