Commercial activities
73B Commercial activities
A person must not conduct a commercial activity in relation to a State forest or timber reserve.Maximum penalty—165 penalty units.
However, subsection (1) does not apply to—
an activity that is authorised under a permit, licence, lease or other authority under this Act; or
an activity that is authorised under an agreement or contract granted or entered into under this Act; or
filming or photography that involves no more than 10 people and does not involve the construction or use of prescribed equipment; or
Also, subsection (1) does not apply if the chief executive is reasonably satisfied—
the use of the State forest or timber reserve is incidental to, and not integral to, the conduct of the activity; orExamples for paragraph (a)—
• a scheduled commercial flight over a State forest or timber reserve that is not part of a tour or scenic flight over the State forest or timber reserve
• a scheduled bus service through a State forest or timber reserve that is not a part of a tour or safari in the State forest or timber reserve
• conducting an activity in a State forest or timber reserve if the activity involves a trade and is conducted for the chief executive or the holder of a permit, licence or other authority for the State forest or timber reserve
• providing a mechanical or vehicle towing service for a visitor in a State forest or timber reserve
the activity relates to the filming or photographing of an event when, or as soon as practicable after, the event happens, in order to inform the public about the event—
on television; or
in a newspaper, magazine or similar publication.
The chief executive must publish the exemption of a type of media activity under subsection (3)(b), by a declaration published on the department’s website.
This section does not apply in relation to getting forest products.
Note—See section 39 about interfering with forest products on State forests or timber reserves.
In this section—drone means a device capable of flight—
that is able to be remotely piloted or programmed to autonomously fly a particular route; and
that is not capable of transporting a person.
prescribed equipment—
means a structure or equipment for facilitating filming or photography; and
includes a building, drone, generator, platform, shelter, tower or vehicle for facilitating filming or photography; and
does not include—
a camera or camera accessories; or
a tripod; or
a portable hide large enough to shelter only 1 person; or
a power source consisting of only dry cells or a single wet cell battery; or
a vehicle used only for transport or camping as authorised under this Act or the Recreation Areas Management Act 2006.
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