Forest Management Act 2013

Forest Management Act 2013

This Act may be cited as the Forest Management Act 2013.

This Act commences on a day to be proclaimed.

In this Act, unless the contrary intention appears –

annual supply of veneer and sawlog means the minimum aggregate quantity of eucalypt veneer logs and eucalypt sawlogs that the Forest Manager must make available annually for the veneer and sawmilling industries in accordance with section 16;

conservation area has the same meaning as in the Nature Conservation Act 2002;

CPR Plan means a plan in the Central Plan Register;

Crown land has the same meaning as in the Crown Lands Act 1976;

Forest Manager means the Forest Manager referred to in section 7;

forest operations means work connected with – seeding and planting trees; or managing trees before they are harvested; or harvesting, extracting or quarrying forest products – and includes any related land clearing, land preparation, burning-off or access construction;

Forest Practices Code means the Code issued by the Forest Practices Authority pursuant to section 30 of the Forest Practices Act 1985 and in force under that Act, and includes any amendments to that Code;

forest product means any of the following:vegetable growth that is on or from permanent timber production zone land; a product of growing or dead trees, shrub, timber or other vegetable growth that is on or from permanent timber production zone land; sand, gravel, clay, loam or stone that is on or from permanent timber production zone land;

forest road means – any road constructed or maintained by or for the Forest Manager either inside or outside permanent timber production zone land; or any other road on permanent timber production zone land, other than – a State highway within the meaning of the Roads and Jetties Act 1935; or a subsidiary road within the meaning of the Roads and Jetties Act 1935; or a local highway within the meaning of the Local Government (Highways) Act 1982; or any other road that is – on Crown land; and being managed by a person for the purpose of timber production; or any bridge, tunnel, embankment, causeway, culvert, drain or other works constructed in respect of a road referred to in paragraph (a), (b) or (c);

Forestry corporation means the Forestry corporation continued under section 6;

future potential production forest land has the same meaning as in the Forestry (Rebuilding the Forest Industry) Act 2014;

permanent timber production zone land means – Crown land declared to be permanent timber production zone land under section 10; or land referred to in section 12; or land referred to in Schedule 2;

regional reserve has the same meaning as in the Nature Conservation Act 2002;

regulations means regulations made and in force in accordance with this Act;

repealed Act means the Forestry Act 1920;

timber includes the trunks and branches of trees, whether standing or not, and all wood, whether or not the same is cut up, sawn, hewn, split, or otherwise fashioned;

timber classification officer means a person appointed as a timber classification officer under section 17;

trees includes not only timber trees, but trees, shrubs and bushes, seedlings, saplings and re-shoots of every description and the roots of any such trees.

Except as provided in this Act, this Act does not apply to Crown land that is reserved land within the meaning of the Nature Conservation Act 2002.

This Act does not apply to Crown land that is reserved as a public reserve under the Crown Lands Act 1976.

The Forestry corporation established under the repealed Act continues in existence as a corporation with the same corporate name it had immediately before the commencement of this Act.

The Forestry corporation is the Forest Manager for permanent timber production zone land and has the functions and powers specified in this Act.

Notwithstanding section 9(1), sections 9 and 10 of the Government Business Enterprises Act 1995 apply to the Forestry corporation in exercising its powers as the Forest Manager under this Act.

The Forest Manager has the following functions:

to manage and control all permanent timber production zone land;

to undertake forest operations on permanent timber production zone land for the purpose of selling forest products;

such other functions as are approved in writing by the Minister and the Treasurer.

The Forest Manager has such powers as are necessary to enable it to perform its functions.

Without limiting subsection (1), the Forest Manager may grant to a person a permit, licence, lease, or other occupation right, in relation to permanent timber production zone land.

The Minister, by order published in the Gazette (a permanent timber production zone land order), may declare Crown land specified in that order to be permanent timber production zone land for the purposes of this Act.

Subsection (1) does not apply to Crown land that is future potential production forest land.

A permanent timber production zone land order is not a statutory rule for the purposes of the Rules Publication Act 1953.

Before making a permanent timber production zone land order, the Minister must have obtained advice from the Forest Manager that the land proposed to be specified in the order is required for the supply of forest products.

The Minister must cause a permanent timber production zone land order and the advice referred to in subsection (3) to be laid before each House of Parliament within the first 5 sitting-days after the permanent timber production zone land order is made.

A proposed permanent timber production zone land order is of no effect unless it has been accepted by both Houses of Parliament.

A House of Parliament is taken to have accepted a proposed permanent timber production zone land order if the order has been laid on the table of that House and – it is accepted by that House; or at the expiration of 5 sitting-days after it was laid on the table of that House, no notice has been given of a motion to disallow it, or, if such notice has been given, the notice has been withdrawn or the motion has been negatived; or if any notice of a motion to disallow it is given during that period of 5 sitting-days, the notice is, after the expiration of that period, withdrawn or the motion is negatived.

If the proposed permanent timber production zone land order is accepted by both Houses of Parliament, the land specified in the order becomes permanent timber production zone land.

Subject to subsection (2), the Minister may, by order published in the Gazette (a permanent timber production zone land revocation order), declare that any area of land specified in the order ceases to be, or form part of, permanent timber production zone land.

Subsection (1) does not apply to permanent timber production zone land that is the subject of advice from the Minister administering the Crown Lands Act 1976 under section 6(7) of the Forestry (Rebuilding the Forest Industry) Act 2014.

A permanent timber production zone land revocation order is not a statutory rule for the purposes of the Rules Publication Act 1953.

Before making a permanent timber production zone land revocation order, the Minister must have obtained advice from the Forest Manager on the impact, of the land proposed to be specified in the order ceasing to be, or form part of, permanent timber production zone land, on the capacity of the Forest Manager – to meet the annual supply of veneer and sawlog; and to supply logs to the holder of a forestry compensation certificate in accordance with Part 5A.

The Minister must cause a permanent timber production zone land revocation order and the advice referred to in subsection (4) to be laid before each House of Parliament within the first 5 sitting-days after the permanent timber production zone land revocation order is made.

A proposed permanent timber production zone land revocation order is of no effect unless it has been accepted by both Houses of Parliament.

A House of Parliament is taken to have accepted a proposed permanent timber production zone land revocation order if the order has been laid on the table of that House and – it is accepted by that House; or at the expiration of 5 sitting-days after it was laid on the table of that House, no notice has been given of a motion to disallow it, or, if such notice has been given, the notice has been withdrawn or the motion has been negatived; or if any notice of a motion to disallow it is given during that period of 5 sitting-days, the notice is, after the expiration of that period, withdrawn or the motion is negatived.

If the proposed permanent timber production zone land revocation order is accepted by both Houses of Parliament, the land specified in the order ceases to be permanent timber production zone land and becomes Crown land for the purposes of the Crown Lands Act 1976.

A revocation order under this section is not required in respect of any permanent timber production zone land, that is not Crown land, that is sold, or otherwise disposed of, by the Forestry corporation.

Any permanent timber production zone land, that is not Crown land, that is sold, or otherwise disposed of, by the Forestry corporation ceases to be, or form part of, permanent timber production zone land on its sale or disposition.

On advice from the Minister administering the Crown Lands Act 1976 under section 6(7) of the Forestry (Rebuilding the Forest Industry) Act 2014, the Minister, by order published in the Gazette (a land exchange order), must – declare Crown land specified in that order to be permanent timber production zone land for the purposes of this Act; and declare that any other area of land specified in the order ceases to be, or form part of, permanent timber production zone land.

A land exchange order is not a statutory rule for the purposes of the Rules Publication Act 1953.

The Minister must cause a land exchange order and the advice referred to in subsection (1) and the information obtained under section 6(2) and (4) of the Forestry (Rebuilding the Forest Industry) Act 2014 to be laid before each House of Parliament within the first 5 sitting-days after the land exchange order is made.

A proposed land exchange order is of no effect unless it has been accepted by both Houses of Parliament.

A House of Parliament is taken to have accepted a proposed land exchange order if the order has been laid on the table of that House and – it is accepted by that House; or at the expiration of 15 sitting-days after it was laid on the table of that House, no notice has been given of a motion to disallow it, or, if such notice has been given, the notice has been withdrawn or the motion has been negatived; or if any notice of a motion to disallow it is given during that period of 15 sitting-days, the notice is, after the expiration of that period, withdrawn or the motion is negatived.

If the proposed land exchange order is accepted by both Houses of Parliament – land specified in the order to be permanent timber production zone land becomes permanent timber production zone land and ceases to be future potential production forest land; and land specified in the order to cease to be, or form part of, permanent timber production zone land, ceases to be permanent timber production zone land and becomes – Crown land for the purposes of the Crown Lands Act 1976; and future potential production forest land.