Forestry Regulation 2009

Her Excellency the Governor, with the advice of the Executive Council, has made the following Regulation under the Forestry Act 1916.

IAN MACDONALD, MLCMinister for Primary Industries

Part 1 Preliminary

1 Name of Regulation

This Regulation is the Forestry Regulation 2009.

2 Commencement

This Regulation commences on 1 September 2009 and is required to be published on the NSW legislation website.

Note—

This Regulation replaces the Forestry Regulation 2004 which is repealed on 1 September 2009 by section 10 (2) of the Subordinate Legislation Act 1989.

3 Definitions

(1)  In this Regulation:

appropriate Regional Manager, in relation to an application, means the Regional Manager for the Region in which the land or sawmill or mill, to which the application relates, is located.

approved means approved for the time being by the commission.

authorised officer means:

(a)  a person authorised by the commission in writing, or

(b)  an employee of the commission directed by the commission in writing,

to exercise the function conferred or imposed on an authorised officer by this Regulation.

contractor’s licence means a contractor’s licence issued under clause 43.

Eastern and Central Division has the meaning given by the Crown Lands Act 1989.

employee of the commission means:

(a)  a person employed in the Forestry Commission Division of the Government Service, or

(b)  a person employed in the Government Service under Chapter 1A of the Public Sector Employment and Management Act 2002 to enable the commission to exercise its functions.

exercise a function includes perform a duty.

flammable matter includes vegetable matter whether it is still growing or not.

forestry area means a State forest, timber reserve or flora reserve, and includes any part of a State forest, timber reserve or flora reserve.

function includes a power, authority or duty.

machine means a device powered by an internal combustion engine, and includes a motor vehicle, a stationary engine, a chainsaw, or any felling, logging, welding or road making equipment.

occupation permit means an occupation permit granted under section 31 of the Act.

operator’s licence means an operator’s licence issued under clause 43.

prescribed fee means the fee specified in Column 2 of Schedule 1 opposite the matter, to which the fee relates, set out in Column 1 of that Schedule.

Region means a part of New South Wales that the commission has for the time being designated as a Region for the purpose of administering the Act.

Regional Manager means the person for the time being in charge of the forestry administration of a Region.

sale agreement means an agreement in force under section 11 (1) (m) (i) of the Act.

sawmill licence means a sawmill licence issued under section 28 of the Act.

special purposes permit means a special purposes permit granted under section 32F of the Act.

the Act means the Forestry Act 1916.

timber harvesting or hauling equipment means any equipment, plant, machinery or vehicle used in the felling, cutting, pushing, pulling, lifting or hauling of timber.

use a machine includes operate or control the machine.

way includes a road, track, trail, bridge and causeway.

Western Division has the meaning given by the Crown Lands Act 1989.

(2)  Notes included in this Regulation do not form part of this Regulation.

Part 2 Establishment and organisation of State forests, special management zones and flora reserves

4 State forests to be named and numbered

The commission must ensure that every State forest (including a State forest constituted under section 18 (2A) of the Act) has a distinctive name and a distinctive number.

5 Management plans for State forests

(1)  Following appropriate investigation and survey work, the commission must ensure that every State forest is managed in accordance with an approved management plan.

(2)  The management plan may be for the State forest concerned, or for that State forest together with other State forests or other nearby Crown-timber lands.

(3)  The commission must not approve a management plan (or a significant amendment to a management plan) for a forest unless the draft management plan (or the draft amendment to a management plan) has been dealt with in accordance with subclauses (4)–(6).

(4)  A draft management plan (or draft amendment to a management plan) is to be publicly advertised in a notice that:

(a)  is published in a daily newspaper circulating throughout the State and a local newspaper (if any) circulating in any local government area in which the forest to which the draft plan or amendment applies is located, and

(b)  includes a brief description of the draft plan or amendment, and

(c)  includes a statement indicating a location at which members of the public may examine a copy of the draft plan or amendment, and

(d)  indicates a closing date on or before which written submissions may be made to the commission concerning the draft plan or amendment, being a date that is not less than 30 days after the date on which the notice is first published.

(5)  The commission is to consider any submissions made to it on or before the closing date for submissions specified in a notice under subclause (4).

(6)  A draft management plan must specify:

(a)  the ecologically sustainable forest management strategy to be adopted by the commission in relation to the forest to which the plan applies, and

(b)  the conditions under which any timber, products or forest material may be taken from the forest, and

(c)  the conditions subject to which the forest may otherwise be used.

(7)  The commission must ensure that the management plan for a State forest is departed from only with its approval. The commission’s approval may only be given if the proposed departure from the plan is publicly advertised in accordance with subclause (4) and the commission has considered any submissions made in relation to the proposal.

6 Management plans to be consistent with integrated forestry operations approvals

(1)  In this clause:

integrated forestry operations approval means an approval granted under Division 2 of Part 4 of the Forestry and National Park Estate Act 1998.

relevant area means the area to which an integrated forestry operations approval applies.

(2)  The commission must not approve a management plan (or a significant amendment to a management plan) for a forest that is wholly or partly located in a relevant area unless the draft plan or amendment is in accordance with the terms of the integrated forestry operations approval for the area.

(3)  A management plan for a forest that is wholly or partly located in a relevant area must be consistent with the terms of the integrated forestry operations approval for the area. To the extent that the provisions of any such management plan are inconsistent with the terms of the integrated forestry operations approval, the terms of the approval prevail.

(4)  The requirements of this clause relating to a management plan for a forest that is wholly or partly located in a relevant area are in addition to the requirements specified under clause 5.

7 Special management zones

The commission must ensure that every special management zone has a distinctive name and a distinctive number.

8 Flora reserves to be named

The commission must ensure that every flora reserve has a distinctive name and a distinctive number. This clause applies whether or not the reserve comprises land dedicated as a State forest.

9 Public access to plans

The commission must ensure that copies of approved management plans for State forests and of the working plans for flora reserves, together with any approved amendments of such plans:

(a)  are kept at the offices of the Regional Manager for the Region in which the State forest or flora reserve is situated and at the head office of the commission, and

(b)  are available for inspection by members of the public free of charge at those offices during the normal business hours of the commission.

Part 3 Control and management of State forests, timber reserves and flora reserves

Division 1 Control of forestry areas generally

10 Definition of “authorised officer”

In this Division, authorised officer includes a police officer.

11 Persons to leave forestry area when requested

(1)  A person who:

(a)  enters or remains in a forestry area in contravention of the Act or this Regulation, or

(b)  while in a forestry area:

(i)  causes inconvenience to any other person in the area, or

(ii)  otherwise contravenes the Act or this Regulation,

must, on being requested to do so by an authorised officer, leave the area, or a part of the area, specified by the officer.

(2)  Without limiting subclause (1), an authorised officer may request a person to leave a forestry area if:

(a)  in the area:

(i)  logging operations or other forest activities are in progress, or

(ii)  a bush fire is burning, or

(iii)  in the opinion of the commission or the officer, conditions of high fire danger exist, or

(iv)  the commission, the officer or another authorised officer is undertaking deliberate or controlled burning of any kind, or

(v)  very wet or windy conditions exist, or

(vi)  a way has been damaged, or

(vii)  a way needs maintenance or protection as a result of adverse weather, and

(b)  the commission or officer believes that:

(i)  those activities or conditions constitute a danger or potential danger to the safety of persons or property, or

(ii)  there is likely to be conflict with other uses of the area by other persons, or

(iii)  there is a risk of a significant adverse impact on the area.

(3)  The commission may erect or cause to be erected such enclosures, gates or ramps as it considers necessary for the purpose of preventing or restricting the entry of persons into the forestry area concerned.

(4)  A person who fails to comply with a request under this clause is guilty of an offence.

Maximum penalty: 20 penalty units.

(5)  Subclause (4) applies to a person irrespective of any provisions of a lease, licence or permit that the person holds in relation to the forestry area concerned.

(6)  A person is guilty of an offence under this clause only if the authorised officer when making the request:

(a)  discloses to the person that he or she is an authorised officer, and

(b)  informs the person that failure to comply with the request is an offence under this Regulation.

12 Removal of persons from forestry area

(1)  An authorised officer may remove from a forestry area a person:

(a)  who has entered or is remaining in the area in contravention of the Act or this Regulation, or

(b)  who is causing annoyance or inconvenience to other persons in the area, or

(c)  who otherwise contravenes the Act or this Regulation,

and who fails to leave the area after being requested to do so by the officer.

(2)  The removal of a person under this clause does not prevent the person from being charged with an offence under clause 11.

13 Control of persons, vehicles and machines in forestry area

(1)  The commission may, by displaying a notice to that effect in a conspicuous position in or in the immediate vicinity of a forestry area, prohibit any one or more of the following from entering the area or a part of the area specified in the notice:

(a)  all persons or persons of a class,

(b)  all vehicles or vehicles of a class,

(c)  all machines or machines of a class.

(2)  Any such prohibition may be for an indefinite period or for such period or periods as are specified in the notice.

(3)  The commission may erect or authorise the erection of such enclosures, gates or ramps as it considers necessary for the purposes of such a prohibition.

(4)  A person who, without the prior written permission of the commission:

(a)  enters a forestry area, or

(b)  drives a vehicle into a forestry area, or

(c)  drives a machine into a forestry area, or

(d)  having entered a forestry area, remains in, drives a vehicle in, or drives or uses a machine in, the area,

in contravention of a notice displayed in accordance with subclause (1) is guilty of an offence.

Maximum penalty: 20 penalty units.

(5)  The commission may, by displaying a notice to that effect in a conspicuous position in or in the immediate vicinity of a forestry area or a part of a forestry area, fix the maximum speed at which any vehicle or machine, or any vehicle or machine of a class specified in the notice, may be driven in that area or that part of an area.

(6)  A person who drives a vehicle or machine in a forestry area in excess of the speed specified in a notice displayed in accordance with subclause (5) is guilty of an offence.

Maximum penalty: 20 penalty units.

(7)  A person who drives or parks a vehicle in a forestry area is guilty of an offence if the vehicle is required by law:

(a)  to be registered, but is not registered, or

(b)  to display a valid registration label but does not display any such label, or

(c)  to have a number-plate or registration plate but has no number-plate or registration plate or has its number-plate or registration plate covered or obscured.

Maximum penalty: 20 penalty units.

(8)  Subclause (7) does not apply in relation to a vehicle that is timber harvesting or hauling equipment.

(9)  In this clause:

drive a vehicle or machine, includes ride, take or place the vehicle or machine.

number-plate means a number-plate issued:

(a)  under the Road Transport (Vehicle Registration) Act 1997, or

(b)  by a competent authority of another jurisdiction.

registered means registered:

(a)  under the Road Transport (Vehicle Registration) Act 1997, or

(b)  by a competent authority of another jurisdiction, or

(c)  in New South Wales under the Interstate Road Transport Act 1985 of the Commonwealth.

registration plate means a registration plate issued:

(a)  under the Recreation Vehicles Act 1983, or

(b)  by a competent authority of another jurisdiction.

vehicle includes a caravan or other trailer.

14 Reservation of forestry area for separate or exclusive use

(1)  The commission may, by displaying a notice to that effect in a conspicuous position in or in the immediate vicinity of a forestry area, reserve the area, for such periods as it thinks fit, for separate or exclusive use for any one or more of the following purposes:

(a)  recreational use and enjoyment,

(b)  enabling any person to exercise a right or privilege conferred by a licence, permit, forest lease or other authority issued or granted by the commission,

(c)  enabling any exercise or activity to be carried on by members of the Australian Defence Force,

(d)  enabling the commission to exercise any of its functions.

(2)  The commission may erect or authorise the erection of such enclosures, gates or ramps as it considers necessary for the purposes of such a reservation.

(3)  A person who, without the prior permission of the commission, enters or remains in an area set aside under this clause for separate or exclusive use is guilty of an offence.

Maximum penalty: 20 penalty units.

15 Dangerous activities and damaging forests and reserves

(1)  A person who, while in a forestry area, engages in any activity or recreational pursuit that involves risking the safety of the person or the safety of other persons or damaging the environment is guilty of an offence.

Maximum penalty: 20 penalty units.

(2)  Without limiting the generality of subclause (1), the activities and recreational pursuits to which that subclause applies include abseiling, base jumping, bungy jumping, rock climbing, caving, parachuting, white water boating, paragliding, parasailing and hang gliding.

(3)  A person who, while in a forestry area:

(a)  causes damage to, interferes with or destroys vegetation (other than timber), or

(b)  obstructs, damages or interferes with a way or a drainage structure associated with a way, or

(c)  damages, obstructs or interferes with a drainage feature such as a watercourse or a drainage line, or

(d)  in a manner that does not involve committing an offence under section 27 (1) (b) of the Act—interferes with forest materials other than forest materials that are part of a way, or

(e)  erects a fence or other obstruction, or

(f)  obstructs or interferes with the flow of water in a watercourse, or

(g)  causes damage to, defaces, interferes with, destroys or removes a standard, sign, notice, barrier or device erected by the commission, or

(h)  causes damage to, defaces or destroys a building, enclosure, dam or other structure, or plant or equipment, of the commission or of a lessee or licensee of the commission,

is guilty of an offence.

Maximum penalty: 20 penalty units.

(4)  However, an offence is not committed under this clause if the act in question:

(a)  is done with the prior written consent of the commission, or

(b)  is authorised by a licence, permit, forest lease or other authority issued or granted under the Act or this Regulation or under some other law.

(5)  Damage caused to a way is not an offence under subclause (3) (b) if it was a natural consequence of travelling over the way in accordance with any direction contained in a notice or control sign.

(6)  In this clause:

drainage structure includes a drain, drop down structure and dissipater, road drainage pipe, culvert and cross bank.

Note—

Section 27 of the Act creates certain offences relating to timber, products and forest materials on Crown-timber lands. The expressions timber, products and forest materials are defined in section 4 of the Act.

Division 2 Fire

16 Definitions

In this Division:

fire means combustion of any kind, whether burning gas, liquid or solid fuel.

fireplace means the site or location in which a fire is lit, and includes a naturally occurring site or a fixed or portable barbecue.

light a fire in a forestry area includes light, maintain or use a fire in a forestry area, or cause a fire to be lit, maintained or used in a forestry area.

17 Lighting fire prohibited in forestry area

A person who lights a fire in a forestry area, other than in accordance with clause 18, is guilty of an offence.

Maximum penalty: 20 penalty units.

18 Authorised circumstances in which a fire may be lit

(1)  An employee of the commission may light a fire in a forestry area in the execution of the employee’s duty.

(2)  A person may light a fire in a forestry area if authorised to do so by a special purposes permit or by an authorised officer.

(3)  A person may light a fire in a forestry area if the fire is in a part of a building, caravan or other vehicle, being a part that is specially constructed for containing a fire.

(4)  A person may light a fire in a forestry area for preparing meals, for boiling water, for personal warmth, for repairing tools or for another similar purpose but only if:

(a)  the site of the fire at any point is at least 4.5 metres from the nearest log, stump or tree, and the ground within 2 metres of the site of the fire at all points is cleared of all flammable matter, or

(b)  the fire is lit in a fireplace of a kind approved by an authorised officer.

(5)  A person may light a fire in a forestry area for the purpose of clearing trees, grass or other vegetation or material or for burning a firebreak but only if:

(a)  the person has obtained authority to do so from an authorised officer, and

(b)  the fire is lit, maintained and used in accordance with the conditions specified by an authorised officer.

(6)  A person may light a fire in a forestry area for the purpose of processing timber, products or forest materials (but not for the purpose of destroying waste resulting from the processing of timber, products or forest materials) but only if the land within a minimum of 30 metres distance (or such other distance as may be specified or allowed by an authorised officer in the particular case) of all points of the site of the fire:

(a)  has been cleared of all flammable matter, and

(b)  is kept cleared of that matter until the fire has been extinguished.

(7)  A person may light a fire in a forestry area for the purpose of destroying waste resulting from the processing of timber, products or forest materials, but only if:

(a)  the fire is lit in an incinerator from which the escape of all sparks and incandescent and burning material is prevented, or

(b)  if an authorised officer is satisfied that such an incinerator is not available—the fire is lit with the permission of and in accordance with the written conditions specified by that officer.

19 Extinguishing fire in forestry area

(1)  A person who lights a fire in a forestry area must not leave the site of the fire, temporarily or otherwise, unless:

(a)  the fire is extinguished, or

(b)  another person has undertaken to remain at that site to tend or extinguish the fire, or

(c)  an authorised officer directs or permits the person to leave the site of the fire.

(2)  A person does not contravene subclause (1) merely because he or she leaves the site of the fire temporarily in order to report the escape or escalation of the fire to an employee of the commission or to obtain help.

(3)  A person who lights a fire in a forestry area must, if directed to do so by an authorised officer, take all reasonable steps to extinguish the fire.

(4)  A person who lights a fire in a forestry area must, if the fire escapes from the site at which it was lit or escalates so as to endanger any other person or any property, immediately take all reasonably practicable measures to ensure that the fire is extinguished.

(5)  A person who contravenes a provision of this clause is guilty of an offence.

Maximum penalty: 20 penalty units.

20 Leaving lighted tobacco product or match in forestry area

A person who leaves or deposits in a forestry area a lighted cigarette or other lighted tobacco product or a lighted match is guilty of an offence.

Maximum penalty: 20 penalty units.

21 Use of machine in forestry area

(1)  A person who in a forestry area drives or uses a machine is guilty of an offence, unless:

(a)  a spark arrester that is in a serviceable condition is securely fixed to the exhaust of the machine, and

(b)  the fuel, electrical and braking systems and all combustion chambers, manifolds, exhaust pipes and expansion chambers of the machine and their joints are in all respects in safe working order, and

(c)  the machine is free of surplus oil, dust impregnated with oil and vegetable matter.

Maximum penalty: 20 penalty units.

(2)  Subclause (1) (a) does not apply in respect of a motor vehicle.

22 Storage of liquid fuel in forestry area

(1)  A person who, while in a forestry area, stores liquid fuel is guilty of an offence unless the fuel is stored:

(a)  under, or for the purposes of carrying out an activity authorised by, a licence, permit or other authority issued or granted by the commission, and

(b)  in accordance with any conditions relating to the storage of liquid fuel imposed by the licence, permit or authority.

Maximum penalty: 20 penalty units.

(2)  This clause does not apply to liquid fuel stored in the fuel tank of a machine.

23 Refuelling machine near flammable matter

A person must not, while in a forestry area, refuel a machine except at a location at which the ground is clear of all flammable matter for a distance of at least 1.5 metres from every part of the machine.

Maximum penalty: 20 penalty units.

24 Stopping dangerous operations in forestry area

(1)  An authorised officer who believes that a machine that is in such mechanical condition as to create a danger of fire:

(a)  is being used in a forestry area, or

(b)  is being used in a way as to create a danger of fire in a forestry area,

may direct the person who is using the machine to stop using it until such time as an authorised officer considers it can be safely used without creating such a danger.

(2)  A person who fails to comply with a direction under this clause is guilty of an offence.

Maximum penalty: 20 penalty units.

25 Fire prevention measures in forestry area

(1)  If a building or group of buildings are located in a forestry area and are used in connection with forest operations, the person who is carrying on the forest operations must:

(a)  ensure that a road or fire break, that is cleared of all flammable matter to a width of not less than 4.5 metres, surrounds the building or group of buildings, and

(b)  ensure that the road or fire break is adequately maintained, and

(c)  ensure that such burning or other protective operations in the vicinity of the building or group of buildings is carried out as an authorised officer may direct from time to time, and

(d)  ensure that:

(i)  all flammable matter lying within 1.5 metres of the building or group of buildings is removed, and

(ii)  the area is kept clear of all flammable matter.

(2)  A person who fails to comply with this clause is guilty of an offence.

Maximum penalty: 20 penalty units.

(3)  In this clause:

building includes a hut, tent, caravan or temporary dwelling.

forest operations includes sawmilling and logging.

26 Stopping certain activity in forestry area

(1)  An authorised officer may direct a person to stop carrying on an activity in a forestry area if the officer believes that the weather conditions are such that continuation of the activity is likely to cause the ignition or the spread of fire.

(2)  A person who is given such a direction is guilty of an offence if the person:

(a)  fails to immediately comply with the direction, or

(b)  resumes the activity before an authorised officer permits the activity to be resumed.

Maximum penalty: 20 penalty units.

(3)  This clause applies to a person to whom a direction under this clause is given even if the direction is inconsistent with the conditions or limitations specified in a licence, permit, forest lease or other authority issued or granted to the person under the Act or this Regulation.

(4)  A person is guilty of an offence under this clause only if the authorised officer when giving the direction:

(a)  discloses to the person that he or she is an authorised officer, and

(b)  informs the person that failure to comply with the direction is an offence under this Regulation.

27 Duties of holder of written authority in forestry area

(1)  A person who holds a licence, permit or forest lease in respect of part of a forestry area, or who is acting in accordance with an authorisation in force under section 30I of the Act that relates to a forestry area:

(a)  must take all reasonable precautions to prevent unauthorised damage by fire to the area, and

(b)  must, on becoming aware of an outbreak of fire within the area, ensure that the outbreak is immediately reported to an employee of the commission, and

(c)  must attempt to extinguish the fire or, if it cannot be extinguished, must attempt to prevent the fire from spreading.

(2)  A person who fails to comply with a requirement of this clause is guilty of an offence.

Maximum penalty: 20 penalty units.

Division 3 Camping

28 Camping in forestry area

(1)  The commission may, by displaying a notice to that effect in a conspicuous position in or in the immediate vicinity of a forestry area:

(a)  prohibit persons from camping in the area, or

(b)  permit persons to camp in the area but only in accordance with conditions specified in the notice.

(2)  An authorised officer may give directions, in relation to any one or more of the following, to a person who is camping or proposing to camp in the forestry area:

(a)  the number of persons who are allowed to camp,

(b)  the duration for which camping in that area is allowed,

(c)  the location and removal of the camp.

(3)  Directions under subclause (2) must not be inconsistent with the conditions specified in any notice displayed in relation to the area concerned.

(4)  A person who contravenes:

(a)  a prohibition or conditions specified in a notice displayed in accordance with subclause (1), or

(b)  a direction given in accordance with subclause (2),

is guilty of an offence.

Maximum penalty: 20 penalty units.

29 Imposition of charges for camping in forestry areas

(1)  The commission:

(a)  may impose and collect charges for camping in a forestry area, and

(b)  may display notices at or in the vicinity of a road that provides access to the area to the effect that persons are prohibited from camping in the area unless they have paid to the commission or an authorised officer the requisite camping charge.

(2)  If a notice is displayed in accordance with subclause (1) in relation to a forestry area, a person must not camp in the area, unless the requisite camping charge has been paid to the commission or to an authorised officer.

Maximum penalty: 20 penalty units.

(3)  A court may, in addition to imposing a penalty for a contravention of this clause, make an order for the payment of the charge to which the contravention relates.

Part 4 Licences, permits and forest leases

Division 1 Provisions applicable to all written authorities

30 Definition

In this Division:

written authority means any of the following:

(a)  a timber licence,

(b)  a products licence,

(c)  a forest materials licence,

(d)  a contractor’s licence,

(e)  an operator’s licence,

(f)  a sawmill licence,

(g)  a clearing licence,

(h)  a grazing permit,

(i)  an occupation permit,

(j)  a forest lease,

(k)  a special purposes permit.

31 Application for written authority

(1)  An application for a written authority may be lodged at:

(a)  the office of the appropriate Regional Manager, or

(b)  any other approved office.

(2)  Despite subclause (1), an application for:

(a)  a sawmill licence (including an application for the renewal of a sawmill licence) must be lodged at the office of the appropriate Regional Manager, and

(b)  a clearing licence to clear trees from Crown-timber land in the Western Division (other than Crown-timber land that is a State forest or timber reserve) must be lodged at the office of the Western Lands Commissioner.

32 Form of application for written authority

(1)  An application for a written authority must be made in the approved form.

(2)  However, an application for a clearing licence to clear trees from Crown-timber land in the Western Division (other than Crown-timber land that is a State forest or timber reserve) is not required to be in an approved form but must be made in writing.

(3)  The commission may also require an applicant for a written authority to provide it with such further particulars with respect to an application as it considers necessary to determine the application.

(4)  The commission may refuse an application under this clause if:

(a)  a requirement under subclause (3) is not complied with within a reasonable period, or

(b)  if there is a prescribed fee in respect of the application, the application is not accompanied by that fee.

33 Payment of fees

(1)  A prescribed fee in respect of an application for a written authority must accompany the application and any other prescribed fee in respect of a written authority must be paid before the authority is issued or granted.

(2)  If an application for a sawmill licence or forest lease is refused or withdrawn, the commission may retain the prescribed fee in respect of the application or such part of it as the commission determines.

(3)  The commission may, as a condition of issuing a grazing permit, require the payment of a fee (in addition to the prescribed fee) for agistment, as assessed by the commission.

(4)  The commission may waive or reduce any fee in relation to a written authority if, in the opinion of the commission, the granting of the written authority will be beneficial to the management or protection of a forestry area or part of a forestry area.

34 Refusal by commission to issue written authority

(1)  The commission may refuse to issue, grant or renew a written authority for any reason that it considers appropriate.

(2)  In particular, the commission may refuse to issue, grant or renew a written authority, unless the applicant has deposited with the commission an amount of money as a guarantee for the payment of any amount (other than a penalty) that may become payable to the Crown or the commission as a consequence of a contravention of any of the conditions or limitations of the authority.

35 Form of written authority

(1)  A written authority is, subject to this clause, to be in an approved form.

(2)  A timber licence, products licence or forest materials licence must describe the locality from which the relevant timber, products or forest materials specified in the licence is or are authorised to be taken.

(3)  A grazing permit must specify:

(a)  the number and kind of animals to be agisted on the land described in the permit, and

(b)  the weekly agistment fees per head.

36 Variation of written authority

(1)  The commission may, by notice in writing served on the holder of a written authority, add conditions or limitations to, or vary or revoke any existing conditions or limitations of, the written authority.

(2)  However, any conditions or limitations added or varied under subclause (1) are void in so far as they are inconsistent with conditions or limitations of the licence imposed by the Act or by this Regulation.

(3)  A notice served under this clause may be served personally or by post but is not effective until 1 month after the day of service.

37 Transfer of written authority

(1)  An application for the commission’s consent to the transfer of a written authority in accordance with section 34 of the Act must:

(a)  be made in the approved form, and

(b)  be lodged at the office of the appropriate Regional Manager, and

(c)  be accompanied by the prescribed fee, and

(d)  be accompanied by any duty payable in relation to the transfer.

(2)  The commission may require the written authority concerned to be lodged with an application or at some later time.

(3)  An application may be withdrawn at any time before the commission notifies the transferor that the consent has been granted or refused (as the case may be).

(4)  The withdrawal of an application must be in writing.

(5)  If an application is withdrawn, the commission may, at its discretion, retain all or part of the prescribed fee for the application towards meeting any costs incurred in dealing with the application.

(6)  The commission is to notify the applicant in writing that the consent has been granted or refused (as the case may be).

Note—

Section 34 of the Act provides that a licence, permit or forest lease is transferable only with the written consent of the commission.

38 Refusal of consent to transfer of written authority

(1)  The commission may refuse consent to the transfer of a written authority for any reason that it considers appropriate.

(2)  In particular, the commission may refuse its consent to the transfer of a written authority in respect of which the transferor owes any amount of money to the commission, unless the commission is satisfied that arrangements have been made for the payment of that amount.

39 Commission to record consent to transfer

If the commission consents to the transfer of a written authority, it must record the consent by an appropriate endorsement:

(a)  either on the authority or by attaching to it a document containing the endorsement, and

(b)  in the records of the commission.

40 Application to obtain duplicate written authority

(1)  A person may apply in writing to the commission for a duplicate written authority if the written authority held by the person has been lost or destroyed.

(2)  The commission may charge a fee for the issue of a duplicate written authority.

(3)  On receipt of such an application, the commission must issue an applicant with a duplicate of a written authority if satisfied that:

(a)  the written authority concerned has been lost or destroyed, and

(b)  the applicant is the person entitled to hold that authority, and

(c)  any fee charged for the issue of the duplicate has been paid.

Division 2 Timber, products and forest materials licences

41 Licences to specify royalty

A timber licence, products licence and forest materials licence must contain particulars (current at the time of issue of the licence) of the royalty that must be paid, or of the rate or rates at which the royalty must be paid, in respect of the timber, products or forest materials authorised to be taken by the licence.

Division 3 Contractors’ and operators’ licences

42 Licence holders only to be engaged or employed

(1)  The holder of a relevant licence or a party to an agreement must ensure that:

(a)  every timber contractor who is engaged to harvest timber for the purpose of the licence or agreement is the holder of a contractor’s licence, and

(b)  every person (not being a timber contractor) who is engaged or employed to harvest timber for that purpose is the holder of an operator’s licence.

(2)  A timber contractor who is engaged by the holder of a relevant licence or a party to an agreement:

(a)  must not harvest timber, or authorise or direct another person to harvest timber, for the purpose of the licence or agreement unless the contractor is the holder of a contractor’s licence, and

(b)  must not engage or employ another person to harvest timber for that purpose, unless the other person is the holder of an operator’s licence.

(3)  A person (not being a timber contractor) who is engaged or employed by:

(a)  a holder of a relevant licence or a party to an agreement, or

(b)  a timber contractor who is engaged by the holder of a relevant licence or a party to an agreement,

must not harvest timber for the purpose of the licence or agreement, unless the person is the holder of an operator’s licence.

(4)  A person who contravenes this clause is guilty of an offence.

Maximum penalty: 20 penalty units.

(5)  In this clause:

agreement means a sale agreement or a merchandising agreement.

employed means employed under a contract of service.

engaged means engaged under a contract for the performance of services.

harvest timber means cut, obtain or remove timber, products or forest materials.

merchandising agreement means an agreement between the commission and a timber contractor for the purpose of harvesting timber.

relevant licence means a timber licence, products licence or forest materials licence.

timber contractor means a person who operates as a contractor to harvest timber and who engages or employs one or more other persons to perform the work involved.

43 Commission may issue licences

The commission may issue a contractor’s licence or an operator’s licence for such period, and subject to such conditions and limitations, as it thinks fit.

44 Suspension and cancellation of licences

The commission:

(a)  may suspend a contractor’s licence or an operator’s licence if it believes on reasonable grounds that a condition or limitation of the licence has been contravened, and

(b)  may cancel the licence if, after giving the holder of the licence an opportunity to be heard, it finds that the condition or limitation has been contravened.

Division 4 Sawmill licences

45 Scope of licence

(1)  The authority conferred by a sawmill licence is conferred only in relation to the site specified in the licence.

(2)  However, the commission may, on the application in writing of the holder of the licence to vary the site of the mill specified in the licence, agree in writing to the relocation of that site.

(3)  If the commission has so agreed to the relocation of the site of a sawmill to another site, that other site is taken to be the site of the mill specified in the sawmill licence.

46 Renewal of licence

The commission may refuse to renew a sawmill licence for any reason that it considers appropriate.

47 Conditions of written permission to work mill

(1)  For the purposes of section 29 (1) (b) of the Act, the prescribed circumstances in which a person may work a mill for the sawing or treatment of timber are that, during the period for which the permission is in force, the person to whom permission is granted will use the timber sawn or treated at the mill concerned only for that person’s own use and not for sale.

(2)  A person seeking permission under this clause must apply in writing to the appropriate Regional Manager.

(3)  The commission may refuse to grant the permission for any reason that it considers appropriate.

Note—

Section 29 of the Act prohibits a person from working a mill for sawing or treating timber except under the authority of a sawmill licence or in accordance with the written permission of the commission.

Division 5 Clearing licences

48 Fee for licence

(1)  The commission may, as a condition of issuing a clearing licence to clear trees, require the payment of a fee to meet the costs of dealing with the application and to be incurred in supervising the operations to be undertaken under the licence.

(2)  The fee is to be an amount in accordance with a scale determined by the commission, but must not exceed $1,000.

49 Holder may conduct further clearing operations

(1)  This clause applies if:

(a)  the commission has issued a clearing licence authorising the clearing of trees on Crown-timber land located in the Eastern and Central Division or on a State forest or timber reserve located in the Western Division, and

(b)  further work is proposed to be carried out within 10 years from the date of issue of the licence for the purpose of keeping the land concerned cleared of trees.

(2)  The holder of a clearing licence may carry out the work referred to in subclause (1) (b) if the holder:

(a)  notifies the commission, before starting the work, of the holder’s intention to carry out the work, and

(b)  carries out the work in accordance with any directions given by an authorised officer.

Division 6 Forest leases

50 Application to vary conditions

(1)  A lessee under a forest lease who wishes to have a condition of the lease varied must apply in writing to the appropriate Regional Manager.

(2)  The application must be accompanied by the prescribed fee.

(3)  The fee is not refundable to the applicant even if the application is refused.

51 Surrender of lease

(1)  The lessee under a forest lease may apply to the commission in writing to surrender the lease.

(2)  The commission must, on receipt of such an application, accept the surrender of the lease, unless the lessee is in arrears with the payment of rent or is otherwise in breach of the terms of the lease.

Division 7 Special purposes permits

52 Activities prescribed for permit

(1)  For the purposes of section 32F (1) of the Act, the following are prescribed activities:

(a)  a trial, rally, water sport or similar activity involving:

(i)  the demonstration of motor vehicles, motorised equipment or water craft of any kind, or

(ii)  competition between participants in the use, control, performance or navigation of any such vehicles, equipment or craft,

(b)  an organised tour, trail-ride, safari or other similar activity (whether or not including camping) involving the use of:

(i)  a motor vehicle, aircraft or water craft of any kind, or

(ii)  a cycle or a horse or other pack animal,

and designed to make use of a forestry area or facilities of a State forest, timber reserve or flora reserve,

(c)  selling, letting out on hire or otherwise providing (whether or not for profit) goods, services or equipment to visitors to a State forest, timber reserve or flora reserve (except where the selling, letting out on hire or providing is done by a person in accordance with the conditions of a forest lease or an occupation permit),

(d)  a research project or a scientific or other investigation or survey,

(e)  taking photographs, or making motion pictures, videotape or sound recordings, for advertising or other commercial purposes,

(f)  carrying out market research,

(g)  organised youth or adventure activities,

(h)  organised recreational, civil or religious activities,

(i)  professional or technical excursions,

(j)  regular use of a road within a forestry area as part of a commercial enterprise,

(k)  regular use of a restricted road within a forestry area.

(2)  However, an activity is not prescribed for the purposes of section 32F of the Act if it is being carried out by a person who is for the time being exempted in writing by the commission from having to comply with section 32G of the Act in relation to the activity.

(3)  In this clause, restricted road means a road on which the commission has displayed, in a conspicuous position, a notice that states that regular users of the road are required to hold a special purposes permit for that use.

53 Fee for permit

The commission may from time to time determine the fee to be paid for a special purposes permit.

54 Revocation of permit

(1)  The commission may, having regard to the state of the weather, risk of fire or any other factor that it considers relevant, revoke a special purposes permit by giving notice to the holder of the permit that it is revoked.

(2)  If a special purposes permit is revoked under this clause, the commission may refund all or part of the fee paid for the permit.

Part 5 Dealings with timber, products and forest materials

55 Timber to be branded

(1)  A person who removes timber from land on which it was cut or obtained is guilty of an offence unless the timber:

(a)  has been branded with the owner’s brand and the letters “PP”, or

(b)  has been marked or identified in some other manner directed or approved by the commission for the purposes of this clause.

Maximum penalty: 20 penalty units.

(2)  This clause does not apply to the removal of timber from Crown-timber lands.

56 Offence to misrepresent brands

A person who:

(a)  applies the letter “P”, or causes that letter to be applied, to timber cut or obtained on Crown-timber lands, or

(b)  represents timber to be, or not to be, timber cut or obtained on Crown-timber lands knowing that the timber has not or has been so cut or obtained,

is guilty of an offence.

Maximum penalty: 20 penalty units.

57 Prescription of commission brands

(1)  The brands comprising a broad arrow, and a broad arrow with the letters “FC” or “RP” (with or without numbers or other symbols), are prescribed as brands to be used by employees of the commission and persons acting with the authority of the commission, for the purposes of branding trees, stumps, logs, poles and other timber products obtained from Crown-timber lands.

(2)  A person, other than a person referred to in subclause (1), who uses, for the purpose of branding trees, stumps, logs, poles or other timber products:

(a)  a brand prescribed by subclause (1), or

(b)  any brand that consists partly of a brand so prescribed,

is guilty of an offence.

Maximum penalty: 20 penalty units.

58 Unlawfully making, using or possessing branding instruments

(1)  A person who, without the approval of the commission:

(a)  uses or has possession of an instrument designed for use by employees of the commission for the purpose of branding timber, or

(b)  makes, uses or has possession of an instrument purporting to be an instrument so designed,

is guilty of an offence.

Maximum penalty: 20 penalty units.

(2)  This clause does not apply to an employee of the commission.

59 Defacing brands

(1)  A person who defaces, destroys or removes an identifying brand comprising a broad arrow (with or without letters, numerals or other symbols) that has been branded or marked on timber (including a tree or tree stump) by or at the direction of an employee of the commission is guilty of an offence.

Maximum penalty: 20 penalty units.

(2)  This clause does not apply to a person who is lawfully processing the timber.

60 Payment of royalty or purchase price

(1)  The holder of a timber licence, products licence or forest materials licence, or the purchaser of timber or products under a sale agreement, must pay to the commission the amount of royalty due under the licence, or the purchase price payable under the agreement:

(a)  within the period specified in any account issued by the commission that requires payment of that amount or purchase price, or

(b)  within such extended period as the commission may allow.

(2)  A person who, being the holder of a timber licence, products licence or forest materials licence, or the purchaser of timber or products under a sale agreement, fails to comply with subclause (1) is guilty of an offence.

Maximum penalty: 20 penalty units.

61 Removing certain timber without commission’s permission

(1)  A person who is entitled:

(a)  to take timber or products on or from Crown-timber land otherwise than under the authority of a timber licence or products licence, and

(b)  to use the timber or products for the purpose of building or fencing or any other purpose,

may remove the timber or products from that land, but only with the written permission of the commission.

(2)  A person referred to in subclause (1) who removes timber or products from Crown-timber land otherwise than in accordance with that subclause is guilty of an offence.

Maximum penalty: 20 penalty units.

(3)  In giving permission for the removal of timber or products, the commission may impose such conditions and limitations as it considers appropriate.

Part 6 Miscellaneous offences

62 Failure to comply with directions of authorised officer

(1)  A person to whom an authorised officer gives a direction:

(a)  relating to the taking of timber or products by the person on or from Crown-timber lands, or

(b)  relating to the taking of forest materials by the person from a State forest,

must comply with the direction.

(2)  A person who, without reasonable excuse, fails to comply with this clause is guilty of an offence.

Maximum penalty: 20 penalty units.

63 Approaching or interfering with certain operations

(1)  A person who:

(a)  approaches within 100 metres of timber harvesting or hauling equipment being operated by a person in a forestry area, or

(b)  interferes with timber harvesting or hauling equipment in a forestry area,

is guilty of an offence.

Maximum penalty: 20 penalty units.

(2)  A person who is an authorised person does not commit an offence under this clause.

(3)  In this clause:

authorised person means:

(a)  an employee of the commission, or

(b)  a person acting under the authority of a lease, licence, permit, delegation or other authority issued or granted by the commission, or

(c)  an authorised officer, or

(d)  a police officer, or

(e)  an officer or employee of the Department of Environment, Climate Change and Water or the Department of Planning, while exercising functions as such an officer or employee.

interfere with timber harvesting or hauling equipment includes obstructing, defacing, climbing onto, or attaching something to, the equipment.

64 Failure to provide information

(1)  An authorised officer may require a person who deals with timber, products or forest materials to provide the commission with a statement in an approved form:

(a)  giving details of the quantity and description of timber, products or forest materials dealt with, or hewn, sawn or otherwise treated, or transported or consigned by road, rail or water by the person concerned during a specified period, and

(b)  disclosing the land (whether Crown-timber lands, other Crown lands or other lands) from which the timber, products or forest materials has or have been cut, obtained, removed or taken delivery of, and the place to which the timber, products or forest materials were consigned.

(2)  A person of whom such a requirement is made must comply with the requirement within the period specified by the authorised officer who made the requirement.

(3)  The person must also, if requested to do so by an authorised officer, support the statement with a statutory declaration as to its accuracy.

(4)  A person who:

(a)  without reasonable excuse, fails to comply with a requirement or request made under this clause, or

(b)  in purporting to comply with the requirement or request, makes a statement that is, to the person’s knowledge, false or misleading in a material respect,

is guilty of an offence.

Maximum penalty: 20 penalty units.

(5)  In this clause, deals with, in relation to timber, products or forest materials, includes dealing with them by cutting, obtaining, removing or taking delivery of them.

65 Failure to provide forestry statistics

(1)  The commission may, by notice in writing, require a person who is engaged in dealing in timber or products to provide it with a statement showing the quantity and description of timber or products that the person has dealt with during the period specified in the request.

(2)  A person to whom such a requirement is made must comply with the requirement within the period specified by the commission.

(3)  A person who:

(a)  without reasonable excuse, fails to comply with a requirement made under this clause, or

(b)  in purporting to comply with the requirement, makes a statement that is, to the person’s knowledge, false or misleading in a material respect,

is guilty of an offence.

Maximum penalty: 20 penalty units.

(4)  In this clause, dealing includes buying, selling, milling and treating.

66 Officer trading in timber, products or forest materials

An employee of the commission who, except with the prior written approval of the commission:

(a)  trades as principal or agent in timber, products or forest materials, or

(b)  does any act under an interest held by the employee under a licence or agreement that authorises the taking, removal or sale of timber, products or forest materials,

is guilty of an offence.

Maximum penalty: 20 penalty units.

67 Contravening conditions or limitations of authorities

Any person who contravenes a condition or limitation of a licence, permit, forest lease or other authority issued or granted under the Act or this Regulation is guilty of an offence.

Maximum penalty: 20 penalty units.

Part 7 Miscellaneous provisions

68 Delegation

For the purposes of section 10A (1) (d) of the Act, the following are prescribed as persons or classes or descriptions of persons to whom the commission may delegate its functions:

(a)  in relation only to the function of the commission under section 27G (3) of the Act (except in respect of State forests and timber reserves)—any person for the time being appointed as an authorised officer under section 34 of the Native Vegetation Act 2003,

(b)  in relation only to the function of the commission under section 30I of the Act:

(i)  any public servant, and

(ii)  any police officer, and

(iii)  any officer or employee of a local council, and

(iv)  any employee or agent of Australia Post, and

(v)  an authority (within the meaning of the Rural Lands Protection Act 1998) or member of staff of the Livestock Health and Pest Authorities Division of the Government Service.

69 Period for dedicating land after objection to purchase

For the purposes of section 25E (3) of the Act, the prescribed period is 12 months.

70 Prescribed form for releasing land from profit à prendre

For the purposes of section 25I (1) of the Act, the prescribed form is the form set out in Schedule 2.

71 Small quantity of timber

For the purposes of section 30I (1) (a) and (b) of the Act, the prescribed amount is $1,000.

72 Unauthorised structures

For the purposes of paragraph (e) of the definition of structure in section 35A (1) of the Act, the following are prescribed:

(a)  implements, machinery, tanks, troughing, piping, stands, components of a building, containers, pipes, slabs and fabricated structures,

(b)  any parts of those objects.

73 Control signs

For the purposes of section 36A of the Act, a control sign means a standard, sign, notice or device that:

(a)  complies with Australian Standard AS 1742, Manual of uniform traffic control devices and Australian Standard AS 1319—1994, Safety signs for the occupational environment, both published by Standards Australia, or

(b)  contains directions or instructions as determined by the commission.

74 Penalty notice offences

(1)  Each offence created by a provision specified in Column 1 of Schedule 3 is prescribed as a prescribed offence for the purposes of section 46A (2) (b) of the Act.

(2)  For the purposes of section 46A (2) (c) of the Act, the prescribed amount of penalty for an offence dealt with under section 46A of the Act is the amount specified in Column 2 of Schedule 3 in relation to that offence.

(3)  If the reference to a provision in Column 1 of Schedule 3 is qualified by words that restrict its operation to specified kinds of offences or to offences committed in specified circumstances, an offence created by the provision is a prescribed offence only if it is an offence of a kind so specified or only if it is committed in the circumstances so specified.

75 Savings

Any act, matter or thing that, immediately before the repeal of the Forestry Regulation 2004, had effect under that Regulation continues to have effect under this Regulation.

Schedule 1 Fees

(Clause 3)

Column 1	Column 2
Description	Fee
Occupation permit or forest lease—application
(a)  appropriate Regional Manager believes no on-site inspection required	$120
(b)  appropriate Regional Manager believes on-site inspection is required	$400
Timber licence
(a)  duration not more than 3 months	$110
(b)  duration more than 3 months but not more than 6 months	$160
(c)  duration more than 6 months but not more than 9 months	$200
(d)  duration more than 9 months but not more than 12 months	$230
(e)  duration more than 12 months (per year or part of a year)	$230
Products licence or forest materials licence
(a)  duration not more than 3 months	$100
(b)  duration more than 3 months but not more than 6 months	$130
(c)  duration more than 6 months but not more than 9 months	$150
(d)  duration more than 9 months but not more than 12 months	$175
(e)  duration more than 12 months (per year or part of a year)	$175
Contractor’s licence (if contractor is a corporation)
(a)  duration not more than 12 months	$25
(b)  duration more than 12 months but not more than 3 years	$50
(c)  duration more than 3 years but not more than 5 years	$60
Contractor’s licence (if contractor is not a corporation)
(a)  duration not more than 12 months	$75
(b)  duration more than 12 months but not more than 3 years	$150
(c)  duration more than 3 years but not more than 5 years	$200
Operator’s licence
(a)  duration not more than 12 months	$75
(b)  duration more than 12 months but not more than 3 years	$150
(c)  duration more than 3 years but not more than 5 years	$200
Grazing permit (per month or part of a month)	$10
Sawmill licence
(a)  application for licence or renewal of licence	$175
(b)  duration of licence (per year ending 31 December or part of a year)	$220
Permission to work a sawmill under section 29 (1) (b) of the Act (per year ending 31 December or part of a year of duration of permission)	$110
Transfer of forest lease, occupation permit, sawmill licence, timber licence, products licence or forest materials licence—application	$150
Variation of condition of forest lease—application
(a)  appropriate Regional Manager believes no on-site inspection required	$75
(b)  appropriate Regional Manager believes on-site inspection is required	$400

Schedule 2 Form

(Clause 70)

Forestry Act 1916

Certificate of release of land from profit à prendre

The land described below is land in respect of which a profit à prendre as to the timber and products on that land has been reserved to the Crown under section 25F of the Forestry Act 1916. The Forestry Commission of New South Wales now certifies, in accordance with section 25I (1) of that Act, that the land is free from the profit à prendre.

Description of the land

Parish:

County:

Area:

Lot:

Deposited plan no:

Reference to title

Incomplete purchase no:

Land Division of:

Folio identifier:

Date:

For the Forestry Commission
of New South Wales

Schedule 3 Penalty notice offences

(Clause 74)

Column 1	Column 2
Offence	Penalty ($)
Forestry Act 1916
Section 27 (1)	100
Section 29 (1)	100
Section 29 (2)	100
Section 32 (1)	100
Section 32 (2)	100
Section 32C (2)	500
Section 32D (3)	100
Section 32G (1)	100
Section 38 (2)	200
Section 38A (4)	100
Section 38B (3)	100
Section 43 (1A)	200
Section 44 (1) (a)	500
Section 44 (1) (b)	500
Section 45	100
Forestry Regulation 2009
Clause 11 (4)	100
Clause 13 (4)	100
Clause 13 (6)	100
Clause 13 (7)	200
Clause 14 (3)	100
Clause 15 (1)	100
Clause 15 (3) (a)	100
Clause 15 (3) (b)	100
Clause 15 (3) (c)	100
Clause 15 (3) (d)	100
Clause 15 (3) (e)	100
Clause 15 (3) (f)	100
Clause 15 (3) (g)	100
Clause 15 (3) (h)	100
Clause 17	550
Clause 19 (5)	250
Clause 20	350
Clause 21 (1)	350
Clause 22 (1)	250
Clause 23	250
Clause 24 (2)	550
Clause 25 (2)	250
Clause 26 (2)	550
Clause 27 (2)	550
Clause 28 (4)	100
Clause 29 (2)	100
Clause 42 (4)	100
Clause 55 (1)	100
Clause 56	100
Clause 57 (2)	100
Clause 58 (1)	100
Clause 59 (1)	100
Clause 61 (2)	100
Clause 62 (2)	100
Clause 63 (1)	1,000
Clause 64 (4)	100
Clause 65 (3)	100
Clause 66	100
Clause 67, in relation to an authority being a timber licence, contractor’s licence or operator’s licence	1,000
Clause 67, in relation to an authority other than a timber licence, contractor’s licence or operator’s licence	100