Savings and transitional provisions
134 Savings and transitional provisions
In this section, unless the contrary intention appears – corporation means the Forestry corporation established under section 6 of the Forestry Act; timber reserve has the same meaning as that expression had in the Forestry Act immediately before the commencement of this Act.
The amendment or repeal of an Act under this Part does not revoke or affect the dedication of any land as State forest under that Act.
Notwithstanding any other enactment, any Crown land that – was reserved as a timber reserve under section 18 (1) of the Forestry Act in force immediately before the commencement of this Act; and is shown as permanent timber production zone land on a Central Plan Register plan specified in the index map set out in Schedule 9– is, by virtue of this subsection, dedicated as State forest.
For the avoidance of doubt, any Crown land that – was reserved as a timber reserve under section 18 (1) of the Forestry Act in force immediately before the commencement of this Act; and is not included in the land referred to in subsection (3)(b) – ceases, by virtue of this subsection, to be so reserved.
For the purposes of subsections (3) and (4), any land that was reserved as a timber reserve under an enactment that was in force at any time before the date of commencement of the Forestry Act is taken to be land that was reserved as a timber reserve under section 18 (1) of the Forestry Act in force immediately before the commencement of this Act.
For the avoidance of doubt, nothing in this Act affects the validity of a forest management plan in force immediately before the commencement of this Act.
If, before the commencement of this Act, the Forestry Commission had started to prepare a forest management plan under the provisions of Part IIIA of the Forestry Act, as in force immediately before that commencement, the Minister may consent to that plan being completed and approved in accordance with those provisions as if the Forestry Act had not been amended by this Act.
Notwithstanding section 14 (2) of the Forestry Act, any Crown land that – before the commencement of this Act – was leased under section 29 of the Crown Lands Act 1976; and by virtue of this Act – becomes State forest – is to be administered in accordance with the Crown Lands Act 1976 until the Crown lease in respect of the land expires.
Notwithstanding section 14 (2) of the Forestry Act, any Crown land that – before the commencement of this Act – was occupied pursuant to a licence granted under section 42 of the Crown Lands Act 1976; and by virtue of this Act – becomes State forest – is to be administered in accordance with the Crown Lands Act 1976 until – such time as the licence expires and is not renewed; or the expiration of the period of 3 years immediately following the commencement of this Act – whichever first occurs.
The Governor may, on the recommendation of the Forestry corporation, make regulations of a savings or transitional nature consequent on the enactment of this Act.
A regulation referred to in subsection (9) may, if the regulation so provides, take effect from the date of commencement of this Act or a later date.
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