Division 2Licensing
scheme
39General provisions relating to
licences
(1)
The following types of licences may be issued by
the Corporation:
(a)
timber licences,
(b)
forest products licences,
(c)
forest materials licences,
(d)
clearing licences.
(2)
A licence is subject to such conditions as may be
imposed by the Corporation or as are prescribed by the
regulations.
(3)
The authority conferred by a licence is subject
to the regulations.
(4)
A licence may not be transferred except with the
consent of the Corporation.
(5)
Subject to the regulations, a licence does not
authorise the taking of timber or forest products on or from land that is
identified in an integrated forestry operations approval as an environmentally
significant area.
s 39: Am 2018 No 40,
Sch 2 [3].
40Timber
licences
(1916 Act, s 27A)
(1)
A timber licence authorises the holder to take
timber, or such class or description of timber as is specified in the licence,
on Crown-timber land.
(2)
The term of a timber licence is the term
specified in the licence, but the term:
(a)
must not exceed 5 years without the prior written
approval of the Minister, and
(b)
must not, in any event, exceed 20
years.
41Forest products
licences
(1916 Act, s 27B)
(1)
A forest products licence authorises the holder
to take forest products, or such class or description of forest products as is
specified in the licence, on Crown-timber land.
(2)
The term of a forest products licence is such
term, not exceeding 5 years, as is specified in the
licence.
42Forest materials
licences
(1916 Act, s 27C)
(1)
A forest materials licence authorises the holder
to take forest materials, or such class or description of forest materials as
is specified in the licence, from a State forest.
(2)
The term of a forest materials licence is the
term specified in the licence, but the term:
(a)
must not exceed 5 years without the prior written
approval of the Minister, and
(b)
must not, in any event, exceed 20
years.
43Clearing
licences
(1916 Act, s 27G)
(1)
A clearing licence authorises:
(a)
the holder, and
(b)
a successor in title to the land in respect of
which the clearing licence is issued,
to ringbark or otherwise kill or destroy trees, or such
class or description of trees as is specified in the licence, on such
Crown-timber land as is specified in the licence.
(2)
Subsection (1) has effect despite any other Act
or any terms or conditions subject to which any tenure of the Crown-timber
land is held.
(3)
The term of a clearing licence is the term
specified in the licence.
44Restrictions on issuing
licences
(1916 Act, ss 27D–27F and 27H)
(1)Licences in respect of flora
reserves
A timber licence, forest products licence or
forest materials licence in respect of a flora reserve may not be issued
unless:
(a)
the conditions of the licence are in accordance
with the working plan for the flora reserve, and
(b)
the issue of the licence is approved by the
Minister.
(2)Clearing
licences
A clearing licence may not be issued:
(a)
in respect of land within a State forest that is
not the subject of a forest lease or any other lease from the Crown,
or
(b)
in respect of land within a flora reserve,
or
(c)
in respect of Crown-timber land that is the
subject of a Western lands lease within the meaning of Schedule 3 to the
Crown Land Management Act 2016 and is
not within a State forest or timber reserve, or
(d)
if the Crown-timber land is:
(i)
held subject to a prescribed Crown
tenure—except to the holder of that tenure, or
(ii)
purchase-tenure land within the meaning of
Schedule 1—except to the owner (within the meaning of that Schedule) of
that land, or
(iii)
held under a forest lease—except to the
lessee, or
(e)
in respect of land in which the Biodiversity
Conservation Trust holds an interest, or
(f)
in respect of land that is subject to a private
land conservation agreement under the Biodiversity
Conservation Act 2016, or
(g)
in respect of land that is category 2-vulnerable
regulated land under Part 5A of the Local Land
Services Act 2013, or
(h)
to clear native vegetation within the meaning of
Part 5A of the Local Land Services Act
2013, or
(i)
to ringbark or otherwise kill or destroy trees
having economic value.
(3)Consent of lessees or
trustees
A timber licence or forest products licence may
not be issued:
(a)
in the case of land held under a conditional
purchase lease under the Crown Land Acts—unless the lessee of that land
consents to the issue of the licence, or
(b)
in the case of land in respect of which trustees
have been appointed for a public purpose—unless those trustees consent
to the issue of the licence.
(4)Trees planted etc for certain
purposes
A timber licence or forest products licence may
not be issued in respect of Crown-timber land (not being a State forest or
flora reserve) if, in the opinion of the Corporation:
(a)
trees have been planted or established on the
land and have been maintained by careful tending and improvement as a woodlot
or forest or for the purpose of tree-farming, or have been planted or
established as a windbreak or for the beautification of the land,
or
(b)
the land is the subject of a forestry right,
or
(c)
the land has been substantially improved for
farming purposes and the trees on the land are necessary for shade or shelter
or for the purpose of the farming, improvement or protection of the
land,
unless the licence is subject to a condition preventing
the holder of the licence from taking from the land to which the licence
relates any such trees as are designated or described in the
condition.
(5)
The requirement to impose a condition in respect
of land referred to in subsection (4) (c) extends only to trees designated or
described in the condition and having a total timber content not exceeding 150
cubic metres as determined by the Corporation.
(6)
Subsection (4) does not, in the case of
Crown-timber land that is subject to a prescribed Crown tenure, apply to the
issue of a timber licence or forest products licence to the holder of that
tenure or, with the consent of that holder, to any other
person.
(7)Protected plants and
threatened species of plants
A licence may not be issued under this Act for
the removal from any State forest, flora reserve or other Crown-timber land of
any protected plant (or any plant of, or part of, a threatened species or
threatened ecological community) within the meaning of the Biodiversity Conservation Act 2016. A
licence is not operative to the extent that it relates to any such
plant.
(8)
However, the Corporation may, in accordance with
this Act, issue a licence that authorises the removal from any State forest,
flora reserve or other Crown-timber land of any such plant if:
(a)
the authorisation is subject to a condition that
the removal is to be undertaken in accordance with any relevant plant plan of
management in force under the regulations made under the Biodiversity Conservation Act 2016,
or
(b)
the Corporation is of the opinion that the plant
would be damaged or destroyed in the taking of timber, forest products or
forest materials under, or in the carrying out of any activity authorised by,
this Act.
s 44: Am 2016 No 63,
Sch 11.3 [2] [3]; 2017 No 17, Sch 4.33 [8] [9].
45Small quantity
authorisations
(1916 Act, s 30I)
(1)
The Corporation may, otherwise than by the issue
of a timber licence, forest products licence or forest materials licence,
authorise a person:
(a)
to take timber, forest products or forest
materials having a value of not more than $1,000 (or such other amount as may
be prescribed by the regulations) on or from land within a State forest, other
than land set apart as a flora reserve, or
(b)
to take timber or forest products having a value
of not more than $1,000 (or such other amount as may be prescribed by the
regulations) on or from Crown land.
(2)
A small quantity authorisation is subject to such
conditions as may be imposed by the Corporation or by the
regulations.
(3)
The authority conferred by a small quantity
authorisation is subject to the regulations.
(4)
A small quantity authorisation may not be issued
in respect of:
(a)
land held under a conditional purchase lease,
closer settlement lease, group purchase lease, settlement purchase lease or
returned soldiers’ special holding unless the lessee of that land
consents to the issue of the authorisation, or
(b)
land in respect of which trustees have been
appointed for a public purpose unless those trustees consent to the issue of
the authorisation.
(5)
Subject to the regulations, a small quantity
authorisation does not authorise the taking of timber or forest products on or
from land that is identified in an integrated forestry operations approval as
an environmentally significant area.
s 45: Am 2018 No 40,
Sch 2 [4].
46Suspension and revocation of
licences and small quantity authorisations
(1916 Act, s 35)
The Corporation:
(a)
may suspend a licence or small quantity
authorisation if it is of the opinion that the holder of the licence or
authorisation has failed to comply with any of the terms or conditions of the
licence or authorisation, and
(b)
may, after giving the holder of the licence or
authorisation an opportunity to make representations in relation to the
matter, revoke the licence or authorisation.
47Delegation of certain
functions
(1916 Act, s 10A and 2009 Reg, cl
68)
The Corporation may delegate to a person or body,
or a person or body of a class, prescribed by the regulations any of its
functions under this Division that relate to clearing licences (except in
respect of State forests and timber reserves) or small quantity
authorisations.