Forestry Act 1959

Except where otherwise expressly provided by some other Act and without prejudice to the powers of any local government had and exercisable in respect of forest products or quarry material on any road under its control which powers howsoever shall not be taken to authorise or empower the local government to sell, without the consent of the chief executive, any such forest products and quarry material, it is hereby declared that in addition to all forest products on State forests and timber reserves, the following shall at all times be presumed to be the absolute property of the Crown, unless and until the contrary is proved—

all forest products and quarry material on all Crown lands;

all forest products and quarry material on all lands granted in trusts or reserved for or dedicated to public purposes (including all roads save State-controlled roads under the Transport Infrastructure Act 1994);

all quarry material—

other than topsoil, in all leases, containing an entitlement to a deed of grant in fee simple, held under the Land Act 1994 if granted after 31 December 1991, unless the lessee was the owner of that material at that time; and

in all deeds of grant containing a reservation of quarry materials under the Land Act 1994;

all forest products and quarry material on all forest entitlement areas and on all Crown holdings at all times;

all forest products on all forest consent areas at all times;

all forest products or quarry material on lands the property of the Crown comprised in any lease or other entitlement granted under the Mining Acts, the Geothermal Act or the GHG storage Act;

commercial species of timber on a lease subject to an agreement between the Minister and a lessee for commercial timber on the land under the Land Act 1994.

Subsection (1) does not affect the operation of the Mineral Resources Act 1989, section 236.