(1) The chief executive officer of the Corporation is to be appointed by the board but only with the approval of the voting shareholders. (2) Subject to this section, the chief executive officer holds office for such term not exceeding 5 years as may be specified in the instrument of appointment, but is eligible (if otherwise qualified) for re-appointment. (3) The voting shareholders may remove a person from office as chief executive officer, at any time, for any or no reason and without notice.
(1916 Act, s 25A(1)–(4)) (1) The Governor may, by notice published in the Gazette—
(a) dedicate, with the concurrence of the Minister administering the , any Crown land that is not the subject of a tenure from the Crown, or Crown Land Management Act 2016 (b) set apart the whole or part of a State forest, as a flora reserve for the preservation of native flora.
(1916 Act, s 25) (1) The dedication of land as State forest, the declaration of land as a special management zone or the dedication or setting apart of land as a flora reserve does not, except as provided by this Act, affect any lease or licence from the Crown that is in force immediately before the dedication, declaration or reservation (an existing lease or licence ).
(1916 Act, s 33A)
(1916 Act, s 27)
(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.
(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 and is not within a State forest or timber reserve, or Crown Land Management Act 2016 (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 , or Biodiversity Conservation Act 2016 (g) in respect of land that is category 2-vulnerable regulated land under Part 5A of the , or Local Land Services Act 2013 (h) to clear native vegetation within the meaning of Part 5A of the , or Local Land Services Act 2013 (i) to ringbark or otherwise kill or destroy trees having economic value.
(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.
(1916 Act, s 30E) (1) This section applies to a resource acquisition fee payable in respect of timber, forest products or forest materials taken on or from prescribed land.
(1) The land manager of a forestry area has the following objectives in the exercise of functions as land manager of the area—
(a) to facilitate public access to the forestry area, (b) to promote the recreational use of the forestry area, (c) to conserve fauna (other than feral animals) living in the forestry area. (1A) If the Corporation is the land manager of a forestry area used for forestry operations with trees of exotic coniferous species, the Corporation may facilitate the construction and operation of renewable energy infrastructure in the forestry area.
(1916 Act, ss 31(1)–(2) and 32F) (1) The land manager of a forestry area may, on payment of the fee determined by the land manager, issue a forest permit authorising the holder of the permit to use the area for—
(a) the purposes specified in the permit, including recreational, sporting or commercial activities, and (b) if the area is used for forestry operations with trees of exotic coniferous species—the construction and operation of renewable energy infrastructure. (1A) The land manager of a forestry area must not issue a permit under subsection (1)(b) unless the land manager is satisfied that issuing the permit—
(a) is consistent with the obligations of the land manager under a sustainable forest management certification scheme, including the following—
(i) restrictions on converting forested land to non-forest uses, (ii) requirements to support local communities and timber processors with sustainable yield of forest products in the short, medium, and long term, and (b) will not result in premature harvesting of timber that causes the Corporation to fail to meet a supply commitment to a local timber processor under a timber supply agreement, and (c) will not result in more than 0.7% of forestry areas currently used for forestry operations with trees of exotic coniferous species being used for the construction and operation of renewable energy infrastructure, and (d) will not result in a net loss of timber available for forestry operations, and (e) will result in a net gain of land available for forestry operations, and (1B) The land manager of a forestry area must not issue a permit under subsection (1)(b) unless land used for forestry operations in substitution for the land subject to the permit—
(a) is a similar distance from local timber processors as the land for which it is substituted, and (b) has an area at least twice as large as the area used for the construction and operation of renewable energy infrastructure, and (c) is of the same or greater productive capacity, and (d) has the same or greater average annual rainfall.
(1916 Act, s 31(3)–(7)) (1) A forest permit may not be issued in respect of land within a flora reserve except—
(a) in accordance with the working plan for the reserve, and (b) in the case of a permit authorising the occupation of the land—with the approval of the Minister. (2) A forest permit may not be issued in respect of land that is subject to a forestry right if the permit is for a purpose that is, in the opinion of the land manager, inconsistent with—
(a) the forestry right, or (b) a restriction on the use of land, or forestry covenant, imposed in connection with the forestry right under Division 4 of Part 6 of the . Conveyancing Act 1919
(1) A forest agreement may only be made in respect of a region that has been the subject of a regional forest assessment carried out by or on behalf of the Natural Resources Commission.
(1) The Ministers who are parties to a forest agreement are required to jointly review the agreement and any integrated forestry operations approval for the region. (2) A review is to be undertaken for the purposes only of assessing—
(a) the implementation of the provisions of the agreement, and (b) whether integrated forestry operations approvals are effective in achieving the purpose of those approvals. (3) A review is to be undertaken by those Ministers every 5 years after the agreement is made.
(1) The Minister is to prepare an annual report on each forest agreement, including with respect to—
(a) ecologically sustainable forest management in the region, and (b) compliance with any integrated forestry operations approval for the region. (2) Each such report is to be tabled in each House of Parliament as soon as practicable after it is prepared. The report may be combined with any other report required to be tabled under this Part or any other annual report of a Public Service agency responsible to the Minister.
(1) The Minister must cause public notice to be given of the following—
(a) the making of a forest agreement made under this Act, and any amendment or termination of a forest agreement, (b) the granting of an integrated forestry operations approval under this Act, and any amendment, suspension or revocation of an integrated forestry operations approval. Any such notice is to state the place at which copies of the relevant documents will be available for public inspection. (2) Copies of the following documents are to be available for public inspection at the head office and the appropriate regional office of the Office of Environment and Heritage (as determined by the Chief Executive of the Office), and at such other offices or places as the Chief Executive of the Office directs—
(a) each forest agreement made under this Act, and any amendment or termination of a forest agreement (together with a statement of the reasons for the amendment or termination), (b) each integrated forestry operations approval granted under this Act, and any amendment, suspension or revocation of an integrated forestry operations approval (together with a statement of the reasons for the amendment, suspension or revocation), (c) the terms of reference of each 5-yearly review of a forest agreement, (d) the last annual report on, and the report on the last 5-yearly review of, each forest agreement that are tabled in Parliament.
(1) This Part applies to forestry operations in State forests or other Crown-timber lands.
(1) Approval for the carrying out of forestry operations to which this Part applies may be granted under this Part. Such an approval is called an integrated forestry operations approval .
(1) Before an integrated forestry operations approval is granted, public consultation on the proposed approval is to be undertaken.
(1) An integrated forestry operations approval is to describe the forestry operations covered by the approval, including a description of the area of the State to which it applies.
(1) An integrated forestry operations approval may be amended, suspended or revoked at any time jointly by the Ministers authorised to grant the approval.
(1) Before an integrated forestry operations approval is amended or revoked, public consultation on the proposed amendment or revocation is to be undertaken.
(1) A person who contravenes a requirement imposed by an integrated forestry operations approval is guilty of an offence. Maximum penalty—
(a) for an offence that was committed intentionally and that caused or was likely to cause significant harm to the environment—
(i) in the case of a corporation—$5 million, or (ii) in the case of an individual—$1 million, or (b) for any other offence—
(i) in the case of a corporation—$2 million, or (ii) in the case of an individual—$500,000.
(1) Part 5 of the does not apply in respect of the carrying out of, or the granting of approval in relation to, forestry operations during any period that an integrated forestry operations approval applies to those operations. That Part does not apply to the granting or amendment of any such approval or to the making or amendment of a forest agreement. Environmental Planning and Assessment Act 1979 (2) An environmental planning instrument under the cannot prohibit, require development consent for or otherwise restrict forestry operations during any period that an integrated forestry operations approval applies to those operations. Environmental Planning and Assessment Act 1979
(1916 Act, s 38C) (1) If a parking offence occurs in relation to any vehicle, the person who at the time of the occurrence of the offence is the owner of the vehicle is, by virtue of this section, guilty of an offence under the regulation concerned as if the person were the actual offender guilty of the parking offence unless—
(a) in any case where the parking offence is dealt with under section 85—the person satisfies the authorised officer referred to in the notice served under that section that the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used, or (b) in any other case—the court is satisfied that the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used. (2) This section does not affect the liability of an actual offender in respect of a parking offence but if a penalty has been imposed on or recovered from any person in relation to the offence no further penalty may be imposed on or recovered from any other person for the offence.
(1916 Act, s 40)
(1916 Act, s 41)