Forestry Act 1950

This Act may be cited as the Forestry Act 1950.

In this Act, unless the context otherwise requires, or some other meaning is clearly intended—

Corporation means South Australian Forestry Corporation established under the South Australian Forestry Corporation Act 2000;

Crown lands means Crown lands as defined in the Crown Lands Act 1929;

forest reserve means land declared by proclamation under this Act to be a forest reserve;

forest warden means—

a person appointed to be a forest warden under this Act; or

a member of the police force;

native forest reserve means a forest reserve, or part of a forest reserve, declared by proclamation under this Act to be a native forest reserve;

property means real and personal property.

A reference to the Conservator of Forests in any Act, regulation, rule, by-law, document or writing of any kind is to be read, where the context admits, as a reference to the Corporation.

The Governor may, by proclamation—

declare any Crown lands to be a forest reserve; or

for purposes relating to the conservation, development and management of land supporting native flora and fauna, declare a forest reserve, or part of a forest reserve, to be a native forest reserve; or

assign a name to a forest reserve, or native forest reserve.

A proclamation declaring a forest reserve or part of a forest reserve to be a native forest reserve must contain a statement of the purposes for which the native forest reserve is established.

The Governor may, by subsequent proclamation, vary or revoke a proclamation under subsection (1).

If, by virtue of a proclamation under this section, land that constitutes the whole or a part of a native forest reserve ceases to be such a reserve or to be within such a reserve, the Minister must cause a copy of the proclamation and a statement of the reasons for making the proclamation to be laid before both Houses of Parliament.

A proclamation to which subsection (4) applies does not have effect—

until fourteen sitting days of each House of Parliament have elapsed after a copy of the proclamation is laid before each House; and

if, within those fourteen sitting days a motion for disallowance of the proclamation is moved in either House of Parliament—unless and until that motion is defeated or withdrawn, or lapses.

Land that ceases to be native forest reserve does not, by reason only of that fact, cease to be forest reserve, but if land ceases to be forest reserve it will (if it was formerly native forest reserve) cease also to be native forest reserve.

The Minister may delegate any of his or her functions, powers or duties under this Act (except this power of delegation)—

to a particular person or body; or

to the person for the time being occupying a particular office or position.

A delegation under this section—

must be by instrument in writing; and

may be absolute or conditional; and

does not derogate from the power of the delegator to act in any matter; and

is revocable at will by the delegator.

The Minister may, by instrument in writing, appoint any person to be a forest warden under this Act.

A forest warden will be appointed for such term as may be specified in the instrument of appointment.

The Minister may, in the instrument of appointment, authorise the forest warden to exercise powers in respect of the whole, or any specified portion, of the State.

Where the authority of a forest warden is limited by the instrument of appointment to any specified portion of the State, the powers conferred on him or her are exercisable only within that portion of the State.

The Minister must issue to each person appointed by the Minister to be a forest warden under this Act an identity card stating the name of the person and that he or she is a forest warden under this Act.

Subject to this section, a forest warden may for the purpose of the administration and enforcement of this Act—

require any person whom he or she finds committing, or whom he or she suspects on reasonable grounds of having committed, an offence against this Act, to state his or her full name and usual place of residence; or

require any person whom he or she finds committing, or whom he or she suspects on reasonable grounds of having committed, an offence against this Act on forest reserve to leave that forest reserve; or

enter and search any land, building, structure, vehicle, vessel or place in which he or she suspects on reasonable grounds that there is anything that is likely to afford evidence of an offence against this Act and, for the purpose of making any such entry and search in relation to a vehicle or vessel, require the person in charge to stop the vehicle or vessel; or

require any person whom he or she suspects on reasonable grounds of having done any act for which that person is required to hold a permit under this Act to produce the permit.

A forest warden cannot exercise the powers conferred by subsection (1)(c) except upon the authority of a warrant issued by a justice unless he or she believes upon reasonable grounds that in the circumstances of the case urgent action is required.

A person must not fail to comply with a requirement made of him or her by a forest warden under this section.

Maximum penalty: $2 500.

A person must not hinder a forest warden in the exercise of powers or functions under this Act.

Maximum penalty: $2 500.

A person must not use abusive, threatening or insulting language to a forest warden exercising powers or functions under this Act.

Maximum penalty: $2 500.

A person must not assault a forest warden exercising powers or functions under this Act.

Maximum penalty: $10 000 or 2 years imprisonment.

A forest warden may arrest without warrant any person—

who fails to comply with a requirement lawfully made of that person by a forest warden under subsection (1)(a) or (1)(b); or

who hinders or assaults a forest warden in the exercise of powers or functions under this Act.

Upon arresting any person in pursuance of this section, a forest warden must forthwith convey the person, or cause him or her to be conveyed, to the nearest police station.

A forest warden must upon demand by any person in relation to whom the warden is exercising or proposing to exercise powers under this Act produce his or her identity card or, where the forest warden is a member of the police force not in uniform, his or her certificate of authority, for inspection by that person.

A forest warden may, if he or she believes upon reasonable grounds that in the circumstances of the case the assistance of another person is needed and that it is not practicable to obtain the assistance of another forest warden, request any other suitable person to assist the warden in the exercise of powers under this Act.

A person, while assisting a forest warden in response to a request for assistance by the forest warden, has, and may exercise, all such powers of a forest warden under this Act as are reasonably necessary for the purpose.

A forest warden may seize anything that the warden suspects on reasonable grounds—

has been used in the execution or furtherance, or intended execution or furtherance, of an offence against this Act; or

furnishes evidence of the commission of an offence against this Act.

If a living animal is seized under this section, it may be released from captivity.

If anything has been seized under this section and—

proceedings are not instituted for an offence against this Act that is related to the thing seized within three months of its seizure; or

proceedings have been so instituted, but the thing seized is not ordered to be forfeited to the Crown, the person from whom it was seized is entitled to recover it, or, if it has been destroyed or damaged or has deteriorated, to recover from the Minister, by action in any court of competent jurisdiction, compensation for the loss suffered.

A court, on convicting any person of an offence against this Act may, if it thinks fit, in addition to imposing any penalty, order that anything seized under this section that related to the commission of the offence be forfeited to the Crown.

Anything forfeited to the Crown will be disposed of in such manner as the Minister may direct, and, if sold, the proceeds of the sale must be paid into the Consolidated Account.

A person must not, by words or conduct, falsely represent that he or she is a forest warden.

Maximum penalty: $2 500 or 6 months imprisonment.

Subject to this Act, the Corporation has the control and management of every forest reserve.

Notwithstanding any other provision of this Act, the Corporation must manage a native forest reserve having regard to the purposes for which it was established and must endeavour to ensure that no operations are undertaken on the reserve that are inconsistent with those purposes.

The Corporation may grant, on such terms and conditions as the Corporation thinks fit, a lease of the whole or any part of any forest reserve, being land which is not required for operations carried on by the Corporation under this Act.