Forestry Act 1959

With respect to any land comprised in any State forest or timber reserve the chief executive may from time to time grant, subject to such provisions, reservations and conditions as the chief executive thinks fit—

a permit to occupy (an occupation permit) for a term fixed by the chief executive; or

a permit to camp (a camping permit) for a term fixed by the chief executive that is not longer than 30 days; or

a permit to graze stock (a stock grazing permit) for a term fixed by the chief executive that is not longer than 10 years; or

a permit for an apiary site (an apiary permit) for a term fixed by the chief executive; or

a permit to conduct a commercial activity other than getting forest products (a commercial activity permit) for a term fixed by the chief executive that is not longer than—

if the permit is to be granted as part of a single integrated permission with a permission under the Marine Parks Act 2004 (a marine permission)—the term of the marine permission; or

otherwise—5 years; or

a permit to conduct an organised event (an organised event permit) for a term fixed by the chief executive that is not longer than 1 year.

Subsection (1) does not limit the power of the chief executive to grant another permit, licence or authority, or enter into a lease, agreement or contract, under another provision of this Act that permits an activity mentioned in subsection (1).

If the term of a stock grazing permit has been fixed at less than 10 years the chief executive may, from time to time, extend the same for such term as the chief executive thinks fit but so that the term originally fixed and any extension or extensions thereof shall not, in the aggregate, exceed 10 years.

If a plantation licensee, plantation sublicensee, plantation manager or plantation officer (the decision maker) exercising power delegated to the decision maker under section 96B makes a decision under subsection (1) or (2), the decision maker must advise the applicant for the permit or the extension of the permit that the applicant may apply for a review of the decision under section 83A within 28 days if the applicant is dissatisfied with the decision.

Despite subsections (1) to (2A), no permit to which this section relates shall be granted or extended or subjected to any provision or condition unless the chief executive is satisfied that the objects of this Act would not be thereby prejudiced or opposed.

Special leases of land within State forestsA term lease under the Land Act 1994 may be granted over land in a State forest and for the purpose of this subsection such land shall be deemed to be land reserved and set apart for public purposes, and the provisions of that Act so far as they are not inconsistent with so much of this Act as relates to State forests shall extend and apply to all such special leases accordingly.

However, the term lease must not be granted and, if granted, must not be extended or renewed, unless the chief executive is satisfied the objects of this Act would not be prejudiced or opposed by the lease, including any conditions to be included in the lease.

If a term lease granted under subsection (5) is a rolling term lease under the Land Act 1994, its term may be extended under that Act only with the agreement of the chief executive and only after the chief executive considers the extension under subsection (6).