Forestry Act 1959

The Minister may grant a corporation the right to deal with natural resource product on specified State plantation forests or specified parts of State plantation forests for the purpose of plantation forestry and for incidental purposes under this Act by entering into an agreement (plantation licence) with the corporation (plantation licensee).

Without limiting subsection (1), a plantation licence may contain terms dealing with the following matters—

the grant to the plantation licensee of an exclusive right to deal with, including get and sell, natural resource product in the licence area;

the grant to the plantation licensee of a right to get and use quarry material from the licence area;

the plantation licensee’s right to enter and remain in, and use, the licence area;

the plantation licensee’s right to make roads and tracks in the licence area;

the management of particular areas in the licence area, including by restricting or excluding the exercise of rights mentioned in paragraphs (a) and (b) in the areas;Examples of particular areas—

the rehabilitation of land that is, or is to be, removed from the licence area.

The plantation licence is valid, binding and enforceable according to its terms despite not having been registered.

The Minister can not enter into more than 1 plantation licence over the same area.

No fee is payable under this Act in relation to a plantation licensee’s right to get and use quarry material under its plantation licence.

If, after a plantation licence is entered into, land forming part, or all, of the licence area for the plantation licence stops being State plantation forest, the land also stops being licence area.

To remove any doubt, it is declared that a right of a plantation licensee to enter and remain in, and use, the licence area under a plantation licence is not a right of exclusive possession and, subject to this Act, is coextensive with the lawful rights of members of the public and others to enter and remain in, and use, the licence area.