Forestry Regulation 2022

This Regulation is the Forestry Regulation 2022.

This Regulation commences on 1 September 2022.

Note—

This Regulation replaces the Forestry Regulation 2012, which is repealed on 1 September 2022 by the Subordinate Legislation Act 1989, section 10(2).

The Dictionary in Schedule 3 defines words used in this Regulation.

Note—

The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

In this Part—

machine means a device powered by an internal combustion engine, including the following—

a vehicle,

a stationary engine,

felling and logging equipment,

road making equipment,

chainsaws,

welding equipment.

recreational activity includes the following—

abseiling,

BASE-jumping,

bungee jumping,

rock climbing,

caving,

parachuting,

whitewater rafting,

paragliding,

parasailing,

hang-gliding.

vehicle—

has the same meaning as in the Crown Land Management Act 2016, and

includes a class of vehicles.

For the Act, section 92(2)(b) and (f) and despite a licence, forest permit or forest lease, a person must leave a forestry area in accordance with a direction given by an authorised officer—

if, in the officer’s opinion, there is a relevant reason, or

if the person enters or remains in a forestry area in contravention of the Act or this Regulation, or

if the person—

causes inconvenience to another person, or

otherwise contravenes the Act or this Regulation.

Maximum penalty—20 penalty units.

For the Act, section 92(2)(g), an authorised officer may remove a person from a forestry area if the person fails to comply with a direction given under subsection (1).

In this section—

relevant reason means—

a risk to the person or the person’s property caused by—

forestry operations, or

a bush fire, or

bush fire hazard reduction work, within the meaning of the Rural Fires Act 1997, carried out by the land manager of the forestry area, or

hazardous weather conditions, or

a damaged road, including as a result of hazardous weather, or

the person’s presence is likely to disrupt other activities in the forestry area, or

the person’s presence poses a risk to other persons or the property of other persons in the forestry area, or

the person’s presence or actions pose a risk to the forestry area.

For the Act, section 92(2)(b), (c) and (f), the land manager may, by notice displayed in or at the boundary of a forestry area—

prohibit the entry of persons or machines, or the bringing of machines, into the area specified in the notice, or

determine the maximum speed at which a person may drive or ride a machine in the area.

A prohibition under subsection (1) is in force—

during the period specified in the notice, or

if no period is specified—while the notice is displayed.

A person must not do the following without the written permission of the land manager—

enter a forestry area the person is prohibited from entering by a notice displayed under subsection (1),

drive or ride a machine into a forestry area the machine is prohibited from entering by a notice displayed under subsection (1),

bring a machine into a forestry area the machine is prohibited from being in by a notice displayed under subsection (1),

drive or ride a machine in the forestry area at a speed exceeding the maximum speed determined by a notice displayed under subsection (1).

Maximum penalty—20 penalty units.

A person who drives a vehicle into, or parks a vehicle in, a forestry area, other than a part of a forestry area to which the Road Transport Act 2013 applies, is guilty of an offence if the vehicle would, if the forestry area were a public road, be required by law—

to be registered and is not registered, or

to have a number-plate and—

does not have a number-plate, or

the number-plate is covered or obscured.

Maximum penalty—20 penalty units.

In this section—

number-plate means a number-plate issued—

under the Road Transport Act 2013, or

by a competent authority of another jurisdiction.

person includes a class of persons.

registered means registered in Australia within the meaning of the Road Transport Act 2013.

For the Act, section 92(2)(h), the Corporation may reserve a forestry area by notice displayed in the area for the following purposes—

recreation,

to enable a person to exercise a right or privilege conferred by a licence, forest permit, forest lease or small quantity authorisation issued by the Corporation,

an Australian Defence Force exercise or activity,

to enable the Corporation to exercise the functions of the Corporation.

A person must not enter or remain in an area reserved under this section unless—

the person has the written or verbal permission of the Corporation, or

the person enters or remains in the area for the purpose for which it was reserved.

Maximum penalty—20 penalty units.

For the Act, section 92(2)(b), (f) and (l), the land manager of a forestry area may, by notice displayed in the area—

prohibit persons from camping in the area, or

require persons camping in the area to comply with conditions specified in the notice, including a requirement to pay a charge to the land manager.

An authorised officer may give directions about the following to a person camping or intending to camp in a forestry area—

the number of persons who may camp in the area,

the period a person may camp in the area,

where the person may camp,

the removal of the camp.

The authorised officer’s directions must not be inconsistent with conditions specified in a notice displayed by the land manager in the forestry area.

A person must not camp in a forestry area in contravention of—

a notice displayed in the area, or

a direction given by an authorised officer.

Maximum penalty—20 penalty units.

In addition to imposing a penalty for a contravention of subsection (4)(a) in relation to a person’s failure to pay a charge to the land manager, a court may make an order for the person to pay the charge.

For the Act, section 92(2)(b), a person must not carry on an activity, including a recreational activity, in a forestry area if the activity poses a risk to the safety of the person or other persons.

Maximum penalty—20 penalty units.

A person does not commit an offence under subsection (1) if the activity—

is carried on with the written permission of the land manager for the forestry area, or

is authorised by a licence, forest permit or forest lease.

For the Act, section 92(2)(b), a person must not carry on an activity, including a recreational activity, in a forestry area if the activity may damage the area.

Maximum penalty—20 penalty units.

For the Act, section 92(2)(b), a person must not do the following in a forestry area—

damage, interfere with or destroy vegetation, other than timber,

damage, obstruct or interfere with a road or drainage structure,

damage, obstruct or interfere with a drainage feature, including a watercourse or drainage line,

interfere with forest materials in a way that is not prohibited by the Act, section 38(1)(b), other than forest materials that are on a road,

erect a fence or barrier,

obstruct or interfere with the flow of water in a watercourse,

damage, deface, interfere with, destroy or remove a standard, sign, notice, barrier or device erected by the land manager,

damage, deface or destroy a building, enclosure, dam or other structure, or plant or equipment, of the land manager or a lessee or licensee of the land manager.

Maximum penalty—20 penalty units.

A person does not commit an offence under subsections (1) or (2) if the activity—

is carried on with the written permission of the land manager, or

is authorised by a licence, forest permit or forest lease.

Damage to a road is not an offence under subsection (2)(b) if it is a natural consequence of travelling over the road in accordance with a direction in a notice.

In this section—

drainage line means a natural channel formed by the flow of water after heavy rainfall.

drainage structure, of a road, includes a drain, drop down structure and dissipater, road drainage pipe, culvert and cross bank.

For the Act, section 39(5), a licence issued by the Corporation may authorise the taking of timber or forest products from land identified as an environmentally significant area if—

the licence is issued—

to an Aboriginal person, and

for the purposes of carrying out a traditional Aboriginal cultural activity, and

at the time of issuing the licence, the Corporation determined—

there is no other land reasonably accessible to the person from which the timber or forest products may be taken, and

the quantity of timber or forest products proposed to be taken would not adversely affect the conservation value of the environmentally significant area.

Subsection (1) does not apply if the taking of timber or forest products from the land would be inconsistent with—

native title rights and interests under an approved determination of native title, or

the terms of an indigenous land use agreement.

In this section—

Aboriginal person has the same meaning as in the Aboriginal Land Rights Act 1983.

approved determination of native title and indigenous land use agreement have the same meaning as they have in the Native Title Act 1993 of the Commonwealth.

In this Division—

approved fireplace means a site or object, including a barbecue, approved by an authorised officer for the purposes of lighting fires.

light a fire includes the following—

maintain a fire,

cause a fire to be lit,

cause a fire to be maintained.