Forestry Act 1959

Where the Minister is satisfied that, by reason of the failure to comply with any of the provisions of the Fire Services Act 1990, chapter 4A, part 1 or this part by any person to whom has been granted, or who is the holder of, any lease, licence, permit, or other authority granted, whether before or after the commencement of this Act, under any Act over or in respect of the whole or part of any State forest or timber reserve, the continuance in force of that lease, licence, permit, or other authority is prejudicial to the objects of this Act and is detrimental to the public interest, the Minister may so advise the Minister administering the Act under which the lease, licence, permit, or other authority is granted.

Where a Minister has been so advised as aforesaid, the Governor in Council or other authority by whom the lease, licence, permit, or other authority is granted may, notwithstanding anything to the contrary contained in any Act, forfeit that lease or cancel or suspend that licence, permit, or other authority.

Where the Minister is satisfied that, by reason of a failure to comply with any provision of the Fire Services Act 1990, chapter 4A, part 1 or this part by any party to an agreement made with the Minister by the chief executive under section 39A, the continuance of that party’s rights in respect of the forest entitlement area, or part thereof, to which the agreement relates is prejudicial to the objects of this Act and detrimental to the public interest the Minister may instruct the chief executive to cancel the agreement and the chief executive must cancel the agreement accordingly in the manner prescribed.

The power conferred by subsection (3) is in addition to any other power of cancellation conferred by this Act or had by any person.

Upon a cancellation of an agreement made under section 39A, whether the cancellation be effected pursuant to subsection (3) or pursuant to any other power conferred by this Act—

the Minister shall cause notice in writing of the cancellation to be given to every party to the contract (other than the chief executive) affected thereby;

the obligation of every person with whom the chief executive has made the agreement affected by the cancellation to perform that agreement shall cease but without prejudice to any liability incurred by any such person on account of anything done or omitted before the cancellation.

Section 58(5) to (7) shall apply, with all necessary adaptations, to a forfeiture, cancellation or suspension effected under this section.

In this section—authority does not include plantation licence or plantation sublicence.