Forestry Act 1959

The Governor in Council or the chief executive may impose provisions, reservations or conditions on the grant of a mining lease, exploration permit, mineral development licence, authority to prospect or petroleum lease under the Mining Acts, a geothermal tenure under the Geothermal Act or a GHG authority under the GHG storage Act.

In the case of any such lease, permit licence or authority over the whole or a part of a State forest, timber reserve or forest entitlement area (a relevant area) the lease, permit licence or authority may be so granted subject to such provisions, reservations and conditions (including conditions as to securing payment to the chief executive for any loss and any damage to the relevant area and to any works thereon the property of the State) as the Governor in Council or the chief executive, as the case may be, may fix for the purpose of the protection of the State and of the relevant area and all works thereon (if any) the property of the State.

The Governor in Council or the chief executive, as the case may be, may, in addition to or in lieu of fixing any such conditions, require such sum to be deposited with the chief executive as will, in the Governor in Council’s or chief executive’s opinion, be sufficient to meet all loss or damage to the relevant area and to all works thereon (if any) the property of the State by reason of the grant of the lease, permit licence or authority.

The lessee or holder of any such lease, permit, licence or authority over a relevant area or any part thereof shall be liable to the State for any loss and any damage to the relevant area and to any works thereon vested in or under the control of the State by reason of the grant of the lease, permit, licence or authority and such loss or damage or loss and damage may be recovered by the State by action as for a debt in any court of competent jurisdiction or as otherwise prescribed.

The lessee or holder of any such lease, permit licence or authority over a relevant area or any part thereof shall be liable to pay to the chief executive the royalty, stumpage or other fees or charges payable in respect of any timber cut or interfered with in or on the area of any such lease, permit licence or authority, notwithstanding that such timber may have been utilised for the purposes of such lease, permit licence or authority and notwithstanding any provisions of the Mining Acts, the Geothermal Act and the GHG storage Act to the contrary.

The Mining Acts, the Geothermal Act and the GHG storage Act shall be read subject to the provisions of this section.

Subsections (2B) and (3) do not limit—

the matters for which compensation is payable; or

the amount of compensation payable; or

the persons to whom compensation is payable;