Queensland Consolidated Acts

FORESTRY ACT 1959

TABLE OF PROVISIONS

           Long Title

           Contents

           Part 1--Preliminary

   1.      Short title
   5.      Definitions

           Part 2--Administration and functions

   14.     Joint Ministerial power
   15.     Expiry of ss 14-15
   17.     Appointment of officers
   18.     General powers of forest officers
   18A.    General powers of plantation officers
   18B.    Powers of plantation officers in relation to fire
   18C.    Plantation operator and plantation officer are persons performing duties under this Act only for particular provisions
   19.     Retention of document produced to forest officer
   20.     Retention of document produced to plantation officer
   21.     Officers not to trade in timber etc.
   22.     Auctioneer's licence not required by officers

           Part 3--Classification and reservation of State forests and timber reserves

   23.     Classification of lands
   25.     Power to set apart and declare State forests
   26.     Restriction on alienation etc.
   27.     Amalgamation etc. of State forests
   28.     Power to set apart and declare timber reserves
   32.     Land for tourist purposes or use as road
   32AA.   Chief executive to notify chief executive (lands) of change to State forest

           Part 3A--State plantation forest

   32A.    Declaration of land as State plantation forest
   32B.    Particular areas of conservation value to be removed from State plantation forest
   32C.    Quarrying in State plantation forest

           Part 4--Management of State forests, timber reserves and forest entitlement areas

   33.     Cardinal principle of management of State forests
   33A.    Management in a wild river area
   34.     Use of State forests
   34AA.   Regulation of use of State forests by notices
   34AB.   Display in State forests of information notices in conjunction with regulatory notices
   34A.    Specialised management within State forests
   34B.    Application of Motor Vehicles Control Act
   34C.    Feature protection area
   34D.    State forest park
   34E.    Scientific area
   34F.    Forest drive
   34G.    Regulating movement of vehicles on feature protection areas etc.
   34H.    Self-registration camping areas
   35.     Granting of permit for land within State forest
   35A.    Permit to camp in State forest taken to have been granted by chief executive
   36.     Dealings with respect to timber reserves
   37.     Particular authorities over State forest, timber reserve or forest entitlement area
   39.     Interfering with forest products on State forests etc.
   39A.    Forest entitlement areas
   39B.    Rights and liabilities of contracting party in respect of forest entitlement areas
   39C.    Interpretation

           Part 6--Control and disposal of forest products and quarry material

   43.     Application of pt 6 to forest products from a licence area
   44.     Construction of other Acts etc.
   44A.    Code of practice for getting forest products in wild river areas
   44B.    Getting forest products in wild river areas
   45.     Forest products etc. which are the property of the Crown
   45A.    Owner of quarry material
   46.     Sale of forest products or quarry material
   46A.    Sale of fossils and quarry materials to fossicker
   47.     Sale of forests products on Crown holdings or mining leases etc.
   48.     Getting or selling forest products
   49.     Power to purchase forest products
   50.     Contracts for the supply of forest products
   51.     Power to purchase etc. plant etc.
   52.     Power to subsidise road works
   53.     Interference with forest products on Crown holdings and particular entitlements
   54.     Interfering with forest products on Crown lands etc.
   54A.    Interfering with quarry material in deeds of grant or freeholding leases
   55.     Licences to get forest products etc.
   56.     Permits etc.
   57.     Power of entry under licence or permit
   58.     Power to cancel, suspend, permit, licence etc.
   59.     Transfer of permits etc.
   60.     Failure to comply with provisions of lease etc.
   61.     Removal of forest products

           Part 6A--Quarry material in deed of grant or freeholding lease

   61B.    Interpretation
   61C.    Entitlement under permit
   61D.    Withdrawal of consent
   61E.    Provision of security
   61F.    Compensation
   61G.    Prior notice of entry to be served
   61H.    Appeal to Land Court
   61I.    Appeal against Land Court's determination

           Part 6B--Natural resource products

   61J.    Agreement about natural resource products

           Part 6D--Plantation forestry

           Division 1--Preliminary

   61Q.    Definitions for pt 6D

           Division 2--Plantation licences

   61QA.   Agreements to deal with natural resource product etc.
   61QB.   Related agreements
   61QC.   Plantation licence is an interest in land
   61QD.   Sale of natural resource product
   61QE.   Statutory obligations
   61QF.   Rights under a plantation licence
   61QG.   Appointment of plantation manager
   61QH.   Acts and omissions of plantation sublicensee or plantation manager etc.
   61QI.   Plantation licence may be transferred
   61QJ.   Related agreements may be transferred
   61QK.   Amending a plantation licence
   61QL.   Plantation licensee's rights of access over relevant State land
   61QM.   Unformed plantation forest roads
   61QN.   Chief executive to identify unformed plantation forest roads for s 61QM

           Division 3--Plantation sublicences

   61QO.   Approval
   61QP.   Rights under the plantation sublicence
   61QQ.   Appointment of plantation manager
   61QR.   Plantation sublicence may be transferred
   61QS.   Related agreements may be transferred
   61QT.   Amending a plantation sublicence

           Division 4--Mortgages

   61QV.   Mortgages require Ministerial approval

           Division 5--Ownership of improvements

   61QW.   Application of division
   61QX.   Ownership of equipment and improvements

           Division 6--Cancellation

   61QY.   Show cause notice for cancellation of plantation licence
   61QZ.   Representations about show cause notice
   61R.    Ending show cause process without further action
   61RA.   Cancellation of plantation licence for licence area or part

           Division 7--Surrender or division of plantation licence

   61RB.   Surrender of plantation licence or part of a plantation licence
   61RC.   Application for division
   61RD.   Deciding the application
   61RE.   Approving the application
   61RF.   Notice of decision
   61RG.   Minister and the plantation licensee may enter into new plantation licence etc.

           Division 8--Compensation

   61RH.   Events that are compensation events
   61RI.   Events that are not compensation events
   61RJ.   Chief executive to give notice of compensation events to the plantation licensee
   61RK.   Compensation to be assessed under applied provisions of the Acquisition of Land Act 1967 in absence of agreement

           Part 6E--Registration of interests in State plantation forests

           Division 1--Preliminary

   61RL.   Definitions for pt 6E

           Division 2--Register

   61RM.   Register of plantation licences
   61RN.   Form of register
   61RO.   Registration of documents
   61RP.   Particulars that must be recorded
   61RQ.   Particulars that may be recorded
   61RR.   Procedures on lodgement and registration of document
   61RS.   Chief executive (lands) may correct registers
   61RT.   Documents form part of the register

           Division 3--General requirements for documents in the register

   61RU.   Form of documents
   61RV.   Execution of documents
   61RW.   Registered documents to comply with particular requirements
   61RX.   Power of the chief executive (lands) when fraud suspected

           Division 4--Registration of documents

   61RY.   Right to have interest registered
   61RZ.   Registered document operates as a deed
   61S.    Order of registration of documents
   61SA.   Priority of registered documents
   61SB.   How a document is registered
   61SC.   When a document is registered
   61SD.   No registration in absence of required approval or consent of Minister

           Division 5--Consequences of registration

   61SE.   Benefits of registration
   61SF.   Effect of registration on interest
   61SG.   Evidentiary effect of recording particulars in the register

           Division 6--Transfers

   61SH.   Registering a transfer

           Division 7--Mortgages

   61SI.   Registering a mortgage
   61SJ.   Original mortgagee to confirm identity of mortgagor
   61SK.   Mortgagee transferee to confirm identity of mortgagor
   61SL.   Releasing a mortgage
   61SM.   Amending or transferring a mortgage
   61SN.   Amending priority of mortgages
   61SO.   Priority of advances
   61SP.   Transfer of mortgage does not affect priority
   61SQ.   Powers of registered mortgagee
   61SR.   Mortgagee exercising power of sale
   61SS.   Effect of transfer after sale under mortgage

           Division 8--Trusts

   61ST.   Details of trust must be given

           Division 9--Enforcement warrants

   61SU.   Definition for division
   61SV.   Registering an enforcement warrant
   61SW.   Effect of registering an enforcement warrant
   61SX.   Cancellation of registration of an enforcement warrant
   61SY.   Discharging or satisfying an enforcement warrant
   61SZ.   Transfer of plantation licence or plantation sublicence sold in execution
   61T.    Effect on enforcement warrant of transfer after sale by mortgagee

           Division 10--Powers of attorney

   61TA.   Power of attorney

           Division 11--Caveats
           Subdivision 1 Caveats--general

   61TB.   Requirements of caveats
   61TC.   Lodging caveat
   61TD.   Notifying caveat
   61TE.   Effect of lodging caveat
   61TF.   Withdrawing caveat
   61TG.   Lapsing of caveat
   61TH.   Removing caveat
   61TI.   Cancelling caveat
   61TJ.   Further caveat
   61TK.   Notices to the caveator
           Subdivision 2 Caveats--chief executive (lands)
   61TL.   Chief executive (lands) may prepare and register caveat

           Division 12--Relationship with other laws

   61TM.   Relationship with Property Law Act 1974
   61TN.   Relationship with Personal Property Securities Act 2009 (Cwlth)

           Division 13--General

   61TO.   Withdrawing lodged document before registration
   61TP.   Chief executive may call in document for correction or cancellation
   61TQ.   Requisitions
   61TR.   Rejecting document for failure to comply with requisition
   61TS.   Entitlement to search the register
   61TT.   Evidentiary effect of certified copies of documents
   61TU.   Service
   61TV.   Protection from liability

           Part 7--Fires on State forests, timber reserves and forest entitlement areas

   62.     Control of fires on State forests etc.
   63.     Duty of lessee of State forest etc.
   63A.    Duty of plantation licensee etc.
   64.     Certain person to be incapable of holding permits etc.
   65.     Control of fires on lands adjoining State forest etc.
   65A.    Recovery of expenses incurred in extinguishing fires on State forests
   65B.    Recovery of expenses incurred in extinguishing fires on State forests within licence areas
   66.     Lighted match etc. not to be dropped near flammable material
   67.     Lighting of small fires on State forests etc.
   68.     Cooperative burnings
   69.     Forfeiture of leases and the like and cancellation of agreements

           Part 8--Miscellaneous

   69E.    Chief executive must consult with plantation licensee or plantation sublicensee if considering exercising power in relation to a licence area
   70.     Destruction of trees on roads
   72.     Wild stock
   73.     Unlawfully using State forests etc.
   73A.    Display of camping form if permit to camp granted
   73B.    Offence to display camping form if no permit to camp
   74.     Unauthorised building etc. within State forest etc.
   75.     Removal of trespassers
   76.     Entry on to reserves may be prohibited
   77.     Persons found in possession of forest products
   78.     Receiving forest products
   79.     Subpurchase
   80.     Accounts of forest products
   81.     Power to enter land
   82.     Powers for seized timber etc.
   82A.    Seizure and forfeiture of vehicles
   82B.    Receipt to be given
   82C.    Forest officer to allow inspection etc.
   82D.    Chief executive may return seized thing
   82E.    Chief executive's obligation to return seized things
   82F.    Chief executive may order forfeiture of unclaimed seized things
   82G.    Forfeiture of seized things on conviction
   82H.    Where and how to start appeal
   82I.    Hearing procedures
   82J.    Powers of Magistrates Court on appeal
   82K.    Appeal to District Court on questions of law only
   82L.    Seized forest products and quarry material become State's property
   82M.    Forfeited things seized become State's property
   83.     Dealing with forfeited forest products etc.
   83A.    Particular decisions subject to review
   84.     Matters may be completed by different officers
   84A.    Officer may direct person to leave State forest or timber reserve
   85.     Owners and occupiers to give all reasonable assistance
   86.     Obstruction of officer etc.
   87.     Forgery of licence etc. and other offences
   88.     Offences generally
   88A.    Recovery of moneys by plantation licensee or plantation sublicensee
   89.     Recovery of moneys due
   91.     Power to waive proceedings
   92.     All moneys to be property of Crown
   93.     Judicial notice
   94.     Mistaken belief as to boundaries
   95.     Facilitation of proof
   96.     Acknowledgment of service
   96AA.   Delegation by Minister
   96A.    Delegation by chief executive—general
   96B.    Delegation by chief executive—State plantation forests
   96C.    Delegation by chief executive (lands)
   96D.    Delegation by FPQ and head of FPQO
   96E.    Protection from liability
   97.     Regulation-making power
   98.     Misnomer, inaccurate description etc.
   102.    Saving of certain Acts
   103.    Existing orders in council
   104.    Delegations continue until revoked

           Part 9--Savings and transitional provisions for Primary Industries and Natural Resources Legislation Amendment Act 2000

           Division 1--Preliminary

   104A.   Purposes of pt 9
   105.    Definitions for pt 9

           Division 2--Appointment of replacement corporation

   106.    Council must appoint its replacement corporation
   107.    Conditions for appointment
   108.    Notice of appointment

           Division 3--Transfer to replacement corporation

   109.    Application of div 3
   110.    Transfer of council's assets and liabilities
   111.    Registration of transferred assets
   112.    References to council
   113.    Continuity of proceedings
   114.    Employees
   115.    Minister's directions to give effect to transfer
   116.    Dissolution of council

           Part 10--Other transitional provisions

           Division 1--Forestry Plantations Queensland Act 2006

   117.    Permits and licences etc. relating to State plantation forests

           Division 2--Natural Resources and Other Legislation Amendment Act 2010

   118.    Definitions for div 2
   119.    Provision for s 17 (Appointment of officers)
   120.    Provision for s 34AA or 34AB
   121.    Provision for s 34A (Specialised management within State forests)
   122.    Provision for s 34G (Regulating movement of vehicles on feature protection areas etc.)
   123.    Provision for s 34H (Self-registration camping areas)
   124.    Provision for s 35 (Granting of permit for land within State forest)
   125.    Provision for s 55 (Licences to get forest products etc.)
   126.    Provision for s 56 (Permits etc.)—general
   127.    Provision for s 56 (Permits etc.)—administering party for FPQ sales permits
   128.    Provision for s 56 (Permits etc.)—application of relevant provisions or FPQ sales permits
   129.    Provision for s 73 (Unlawfully using State forests etc.)
   130.    References to FPQ
   131.    Dissolution of corporation sole under the Forestry Plantations Queensland Act 2006
   132.    Amendment of regulations by the 2010 Amendment Act does not affect powers of Governor in Council
           SCHEDULE 2 -- SUBJECT MATTERS FOR REGULATIONS
   1.      Officers
   2.      Training of officers
   3.      Mode of action etc.
   4.      State forests
   4A.     State forest parks, feature protection areas and forest drives
   5.      Use etc. of buildings
   6.      Method of getting and disposal
   7.      Permits etc.
   8.      Deposits etc.
   9.      Auction etc. of forest products
   10.     Auction etc. of grazing permits etc.
   11.     Declarations etc.
   12.     Inspection
   13.     Grading
   14.     Sizes, quantities etc.
   15.     Brands
   16.     Records
   17.     Production of permits etc.
   18.     Fire prevention etc.
   19.     Felling trees
   20.     Prevention of pollution
   22.     Honorary rangers
   23.     Reservation of trees
   24.     Forms
   25.     Fees etc.
   26.     Stock
   27.     Penalties
           SCHEDULE 3 -- DICTIONARY
           Endnotes