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The objectives of these Regulations are to prescribe—
certain acts which may not be done within State forests without a licence, permit or authority; and
the manner in which applications for licences and permits granted under section 52 of the Forests Act 1958 must be made, and the terms and conditions of those licences and permits; and
the mode of branding of forest produce.
These Regulations are made under section 99 of the Forests Act 1958.
These Regulations come into operation on 7 December 2019.
The Forests (Licences and Permits) Regulations 2009[1] are revoked.
In these Regulations—
agistment licence or permit means a licence or permit to graze cattle under agistment granted under section 52(1A)(b) of the Act;
bull means an uncastrated male bovine over 9 months old;
grazing licence or permit means a licence or permit to graze cattle granted under section 52(1A)(a) of the Act;
the Act means the Forests Act 1958.
In this regulation—
experimental area means an area in which scientific monitoring is undertaken for research purposes;
experimental equipment means an object or class of objects used to undertake scientific monitoring.
Within a State forest, a person must not, without the written authority of the Secretary—
leave without properly closing and fastening a gate, slip, panel or portion of any fence within or on the boundary of the forest; or
damage, destroy or remove a gate, panel, rail, cattle ramp, cattle pit or the hinge, lock, catch or fastening on a gate or gate post.
Within a State forest, a person must not, without the written authority of the Secretary, fell a tree which bears an inscribed survey mark or deface such a mark.
Within a State forest, a person must not, without the written authority of the Secretary, enter into and upon or remain in an experimental area, tree nursery, plantation or portion thereof which is fenced if the person knew or ought reasonably to have known that entry was prohibited.
Within a State forest, a person must not, without the written authority of the Secretary, damage or interfere with or hinder the operation of any experimental equipment used in connection with research activities.
Within a State forest, a person must not, without the written authority of the Secretary, sell or offer for sale any goods, things or services.
The Secretary may give written authority to a person or persons to do any one of the things otherwise prohibited by subregulation (2), (3), (4), (5) or (6).
A written authority given under subregulation (7)—
must state the acts or things to which it relates and the person or class of persons to whom it applies; and
is subject to any conditions specified in the written authority.
An owner or person in charge of cattle must not enter any part of a reserved forest with cattle or allow cattle to remain in any part of a reserved forest except in accordance with—
a licence or permit issued under the Act; or
a temporary permit issued under subregulation (2).
The Secretary may issue a temporary permit that—
authorises an owner or person in charge of cattle to do the following—
enter a reserved forest, or part of a reserved forest, with cattle;
allow cattle to remain in any part of a reserved forest; and
is subject to any conditions specified in the temporary permit.
The holder of a temporary permit referred to in subregulation (2) must comply with the restrictions and conditions set out in that temporary permit.
An application for a licence or permit under section 52 of the Act must be made to the Minister in the form approved by the Minister.
An application must—
include the name and address of the applicant; and
specify the purpose for which the licence or permit is required; and
specify the area for which the licence or permit is required; and
if requested by the Minister, specify any additional information relating to the application.
It is a condition of a licence or permit granted under section 52 of the Act that the holder of that licence or permit must ensure that any damage to, or obstruction of, the following in the area for which the licence or permit is granted that is caused by the holder or their employee is rectified by the holder at the holder's own expense to the satisfaction of, and within the time specified by, the Minister—
a road;
a track;
a fire break;
a culvert;
a drain;
a water race;
a dam;
a building;
a bridge;
any other structure.
It is a condition of a licence or permit granted under section 52 of the Act that the holder of the licence or permit must ensure that any obstruction or pollution of any reservoir, river, stream or watercourse in the area for which the licence or permit is granted caused by the holder of the licence or permit or their employees is rectified by the holder of the licence or permit at their own expense to the satisfaction of, and within the time specified by, the Minister.
It is a condition of a licence or permit granted under section 52 of the Act that the holder of the licence or permit must pay to the Minister on demand, or by any date specified in the licence or permit, all royalties, dues, fees or charges determined by the Minister and payable in respect of the licence or permit.
It is a condition of a licence or permit granted under section 52 of the Act that the holder of the licence or permit must not, without the authority in writing of the Minister, sow any seed or attempt any cultivation or pasture improvement in the area for which the licence or permit is granted.
It is a condition of a licence or permit granted under section 52 of the Act that the holder of the licence or permit must not use any poison, insecticide or agricultural spray in the area for which the licence or permit is granted except in accordance with the written authority of the Minister.
It is a condition of a licence or permit granted under section 52 of the Act that—
the holder of the licence or permit must not, without the authority in writing of the Minister, construct or alter any landing, building, fence, gate, ramp, dam or other structure or improvement in the area for which the licence or permit is granted; and
if such an authority has been granted by the Minister, the holder of the licence or permit must ensure that any landing, building, fence, gate, ramp, dam or other structure or improvement is constructed in accordance with the directions of the Minister.
It is a condition of a licence or permit granted under section 52 of the Act to cut, dig or take away forest produce that the holder of the licence or permit must ensure that only those trees, or groups of trees, that the Minister has branded or otherwise specified are felled or otherwise cut, dug or taken.
It is a condition of a licence or permit granted under section 52 of the Act to cut, dig or take away forest produce that the holder of the licence or permit must ensure that any requirements of the Minister with regard to the removal or disposal of any structure, debris, materials or residue arising from the cutting, digging or taking away of forest produce by the holder of the licence or permit in the location specified in the licence or permit are carried out to the satisfaction of, and within the time specified by, the Minister.
It is a condition of a licence or permit granted under section 52 of the Act to cut, dig or take away forest produce that the holder of the licence or permit must provide any information relating to the cutting, digging and taking away of forest produce that is requested in writing by the Minister, within 14 days of receiving the Minister's written request.
Note
It is an offence against the Act for the holder of a licence or permit granted under section 52 of the Act to fail to comply with a prescribed condition of that licence or permit: see section 52(4) of the Act.
It is a condition of a licence or permit granted under section 52 of the Act to cut and take away forest produce that the holder of the licence or permit must comply with the requirements of the Code of Practice approved under the Conservation, Forests and Lands Act 1987 and called the Code of Practice for Timber Production 2014 as amended from time to time.
Note
It is an offence against the Act for the holder of a licence or permit granted under section 52 of the Act to fail to comply with a prescribed condition of that licence or permit: see section 52(4) of the Act.
The Minister at any time may request the holder of a licence or permit to cut, dig or take away forest produce granted under section 52 of the Act to make a declaration under this regulation.
A request under subregulation (1) must—
be in writing; and
specify the period to which the declaration is to relate.
On receiving a request under subregulation (1), the holder of a licence or permit to cut, dig or take away forest produce granted under section 52 of the Act must—
make the declaration in a form approved by the Minister; and
include in the declaration in respect of the specified period—
the quantity and description of the forest produce cut, dug or taken away by the holder of the licence or permit; and
the marking or identification of that forest produce; and
the location from which that forest produce was taken; and
the place or places to which that forest produce is consigned.
The holder of a licence or permit to cut, dig or take away forest produce granted under section 52 of the Act must provide a declaration under this regulation to the Minister within 14 days after receiving a request under subregulation (1).
The holder of a licence or permit to cut, dig or take away forest produce granted under section 52 of the Act must not make a false or misleading statement in a declaration under this regulation.
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