Unformed plantation forest roads
61QM Unformed plantation forest roads
An unformed plantation forest road is taken to be part of the State forest, State plantation forest and the licence area for this Act and the plantation licence until the road construction date for the unformed plantation forest road.
The relevant road authority must give the chief executive at least 6 months written notice of its intention to use an unformed plantation forest road for road purposes and specify the date on which the construction of the road is to begin.
As soon as practicable after receiving notice under subsection (2), the chief executive must give written notice to the plantation licensee and any plantation sublicensee for the licence area of—
the road authority’s intention to construct a road; and
the date specified by the road authority as the date on which the construction of the road is to begin.
An unformed plantation forest road stops being part of the State forest, State plantation forest and the licence area for this Act on the road construction date.
For the definition unformed plantation forest road, a dedicated road is to be taken to be within the outer boundaries of a licence area if the dedicated road—
separates lands forming the licence area, or part of the licence area; or
is surrounded by the licence area.
However, if a dedicated road continues beyond the licence area, the dedicated road is taken to be within the outer boundaries of the licence area only to the extent that it is within a notional boundary formed by a line drawn directly across the dedicated road at the extremities of the outer boundaries of the lands it separates.
In this section—dedicated road means land dedicated as a road under the Land Act 1994.road authority, for an unformed plantation forest road, means—
if the unformed plantation forest road is a State-controlled road—the chief executive of the department in which the Transport Infrastructure Act 1994 is administered; or
otherwise—the local government for the local government area in which the unformed plantation forest road is situated.
road construction date, for an unformed plantation forest road, is the date specified in the written notice given to a plantation licensee and any plantation sublicensee under subsection (3)(b).unformed plantation forest road means a dedicated road taken to be within the outer boundaries of a licence area that, immediately before the grant of a plantation licence for the licence area—
is not used by the public as a road; and
is planted with plantation timber or is otherwise used for plantation forestry.
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