Forest Management Act 2013

Forest Management Act 2013

An Act to provide for the management of permanent timber production zone land, to repeal the Forestry Act 1920 and for related purposes

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1.   Short title

This Act may be cited as the Forest Management Act 2013 .

2.   Commencement

This Act commences on a day to be proclaimed.

3.   Interpretation

In this Act, unless the contrary intention appears –

annual supply of veneer and sawlog means the minimum aggregate quantity of eucalypt veneer logs and eucalypt sawlogs that the Forest Manager must make available annually for the veneer and sawmilling industries in accordance with section 16 ;

conservation area has the same meaning as in the Nature Conservation Act 2002 ;

CPR Plan means a plan in the Central Plan Register;

Crown land has the same meaning as in the Crown Lands Act 1976 ;

Forest Manager means the Forest Manager referred to in section 7 ;

forest operations means work connected with –

(a) seeding and planting trees; or

(b) managing trees before they are harvested; or

(c) harvesting, extracting or quarrying forest products –

and includes any related land clearing, land preparation, burning-off or access construction;

Forest Practices Code means the Code issued by the Forest Practices Authority pursuant to section 30 of the Forest Practices Act 1985 and in force under that Act, and includes any amendments to that Code;

forest product means any of the following:

(a) vegetable growth that is on or from permanent timber production zone land;

(b) a product of growing or dead trees, shrub, timber or other vegetable growth that is on or from permanent timber production zone land;

(c) sand, gravel, clay, loam or stone that is on or from permanent timber production zone land;

forest road means –

(a) any road constructed or maintained by or for the Forest Manager either inside or outside permanent timber production zone land; or

(b) any other road on permanent timber production zone land, other than –

(i) a State highway within the meaning of the Roads and Jetties Act 1935 ; or

(ii) a subsidiary road within the meaning of the Roads and Jetties Act 1935 ; or

(iii) a local highway within the meaning of the Local Government (Highways) Act 1982 ; or

(c) any other road that is –

(i) on Crown land; and

(ii) being managed by a person for the purpose of timber production; or

(d) any bridge, tunnel, embankment, causeway, culvert, drain or other works constructed in respect of a road referred to in paragraph (a) , (b) or (c) ;

Forestry corporation means the Forestry corporation continued under section 6 ;

[Section 3 Amended by No. 12 of 2014, s. 15, Applied:22 Oct 2014] future potential production forest land has the same meaning as in the Forestry (Rebuilding the Forest Industry) Act 2014 ;

permanent timber production zone land means –

(a) Crown land declared to be permanent timber production zone land under section 10 ; or

(b) land referred to in section 12 ; or

(c) land referred to in Schedule 2 ;

regional reserve has the same meaning as in the Nature Conservation Act 2002 ;

regulations means regulations made and in force in accordance with this Act;

repealed Act means the Forestry Act 1920 ;

timber includes the trunks and branches of trees, whether standing or not, and all wood, whether or not the same is cut up, sawn, hewn, split, or otherwise fashioned;

timber classification officer means a person appointed as a timber classification officer under section 17 ;

trees includes not only timber trees, but trees, shrubs and bushes, seedlings, saplings and re-shoots of every description and the roots of any such trees.

4.   Application of Act

(1)  Except as provided in this Act, this Act does not apply to Crown land that is reserved land within the meaning of the Nature Conservation Act 2002 .

(2)  This Act does not apply to Crown land that is reserved as a public reserve under the Crown Lands Act 1976 .

5.   

PART 2 - Forestry Corporation

6.   Continuation of Forestry corporation

The Forestry corporation established under the repealed Act continues in existence as a corporation with the same corporate name it had immediately before the commencement of this Act.

PART 3 - Forest Manager for Permanent Timber Production Zone Land

7.   Forest Manager for permanent timber production zone land

(1)  The Forestry corporation is the Forest Manager for permanent timber production zone land and has the functions and powers specified in this Act.

(2)  Notwithstanding section 9(1) , sections 9 and 10 of the Government Business Enterprises Act 1995 apply to the Forestry corporation in exercising its powers as the Forest Manager under this Act.

8.   Functions of Forest Manager

The Forest Manager has the following functions:

(a) to manage and control all permanent timber production zone land;

(b) to undertake forest operations on permanent timber production zone land for the purpose of selling forest products;

(c) such other functions as are approved in writing by the Minister and the Treasurer.

9.   Powers of Forest Manager

(1)  The Forest Manager has such powers as are necessary to enable it to perform its functions.

(2)  Without limiting subsection (1) , the Forest Manager may grant to a person a permit, licence, lease, or other occupation right, in relation to permanent timber production zone land.

PART 4 - Permanent Timber Production Zone Land

10.   Reservation of Crown land as permanent timber production zone land

(1)  The Minister, by order published in the Gazette (a permanent timber production zone land order), may declare Crown land specified in that order to be permanent timber production zone land for the purposes of this Act.

(1A)  [Section 10 Subsection (1A) inserted by No. 12 of 2014, s. 17, Applied:22 Oct 2014] Subsection (1) does not apply to Crown land that is future potential production forest land.

(2)  A permanent timber production zone land order is not a statutory rule for the purposes of the Rules Publication Act 1953 .

(3)  Before making a permanent timber production zone land order, the Minister must have obtained advice from the Forest Manager that the land proposed to be specified in the order is required for the supply of forest products.

(4)  The Minister must cause a permanent timber production zone land order and the advice referred to in subsection (3) to be laid before each House of Parliament within the first 5 sitting-days after the permanent timber production zone land order is made.

(5)  A proposed permanent timber production zone land order is of no effect unless it has been accepted by both Houses of Parliament.

(6)  A House of Parliament is taken to have accepted a proposed permanent timber production zone land order if the order has been laid on the table of that House and –

(a) it is accepted by that House; or

(b) at the expiration of 5 sitting-days after it was laid on the table of that House, no notice has been given of a motion to disallow it, or, if such notice has been given, the notice has been withdrawn or the motion has been negatived; or

(c) if any notice of a motion to disallow it is given during that period of 5 sitting-days, the notice is, after the expiration of that period, withdrawn or the motion is negatived.

(7)  If the proposed permanent timber production zone land order is accepted by both Houses of Parliament, the land specified in the order becomes permanent timber production zone land.

11.   Revocation of permanent timber production zone land

(1)  Subject to subsection (2) , the Minister may, by order published in the Gazette (a permanent timber production zone land revocation order), declare that any area of land specified in the order ceases to be, or form part of, permanent timber production zone land.

(1A)  [Section 11 Subsection (1A) inserted by No. 12 of 2014, s. 18, Applied:22 Oct 2014] Subsection (1) does not apply to permanent timber production zone land that is the subject of advice from the Minister administering the Crown Lands Act 1976 under section 6(7) of the Forestry (Rebuilding the Forest Industry) Act 2014 .

(2)  [Section 11 Subsection (2) omitted by No. 12 of 2014, s. 18, Applied:22 Oct 2014] .  .  .  .  .  .  .  .  

(3)  A permanent timber production zone land revocation order is not a statutory rule for the purposes of the Rules Publication Act 1953 .

(4)  Before making a permanent timber production zone land revocation order, the Minister must have obtained advice from the Forest Manager on the impact, of the land proposed to be specified in the order ceasing to be, or form part of, permanent timber production zone land, on the capacity of the Forest Manager –

(a) to meet the annual supply of veneer and sawlog; and

(b) [Section 11 Subsection (4) amended by No. 12 of 2014, s. 18, Applied:22 Oct 2014] to supply logs to the holder of a forestry compensation certificate in accordance with Part 5A .

(5)  The Minister must cause a permanent timber production zone land revocation order and the advice referred to in subsection (4) to be laid before each House of Parliament within the first 5 sitting-days after the permanent timber production zone land revocation order is made.

(6)  A proposed permanent timber production zone land revocation order is of no effect unless it has been accepted by both Houses of Parliament.

(7)  A House of Parliament is taken to have accepted a proposed permanent timber production zone land revocation order if the order has been laid on the table of that House and –

(a) it is accepted by that House; or

(b) at the expiration of 5 sitting-days after it was laid on the table of that House, no notice has been given of a motion to disallow it, or, if such notice has been given, the notice has been withdrawn or the motion has been negatived; or

(c) if any notice of a motion to disallow it is given during that period of 5 sitting-days, the notice is, after the expiration of that period, withdrawn or the motion is negatived.

(8)  If the proposed permanent timber production zone land revocation order is accepted by both Houses of Parliament, the land specified in the order ceases to be permanent timber production zone land and becomes Crown land for the purposes of the Crown Lands Act 1976 .

(9)  A revocation order under this section is not required in respect of any permanent timber production zone land, that is not Crown land, that is sold, or otherwise disposed of, by the Forestry corporation.

(10)  Any permanent timber production zone land, that is not Crown land, that is sold, or otherwise disposed of, by the Forestry corporation ceases to be, or form part of, permanent timber production zone land on its sale or disposition.

11A.   Exchange of land

[Section 11A Inserted by No. 12 of 2014, s. 19, Applied:22 Oct 2014]

(1)  On advice from the Minister administering the Crown Lands Act 1976 under section 6(7) of the Forestry (Rebuilding the Forest Industry) Act 2014 , the Minister, by order published in the Gazette (a land exchange order), must –

(a) declare Crown land specified in that order to be permanent timber production zone land for the purposes of this Act; and

(b) declare that any other area of land specified in the order ceases to be, or form part of, permanent timber production zone land.

(2)  A land exchange order is not a statutory rule for the purposes of the Rules Publication Act 1953 .

(3)  The Minister must cause a land exchange order and the advice referred to in subsection (1) and the information obtained under section 6(2) and (4) of the Forestry (Rebuilding the Forest Industry) Act 2014 to be laid before each House of Parliament within the first 5 sitting-days after the land exchange order is made.

(4)  A proposed land exchange order is of no effect unless it has been accepted by both Houses of Parliament.

(5)  A House of Parliament is taken to have accepted a proposed land exchange order if the order has been laid on the table of that House and –

(a) it is accepted by that House; or

(b) at the expiration of 15 sitting-days after it was laid on the table of that House, no notice has been given of a motion to disallow it, or, if such notice has been given, the notice has been withdrawn or the motion has been negatived; or

(c) if any notice of a motion to disallow it is given during that period of 15 sitting-days, the notice is, after the expiration of that period, withdrawn or the motion is negatived.

(6)  If the proposed land exchange order is accepted by both Houses of Parliament –

(a) [Section 11A Subsection (6) amended by No. 17 of 1996, Applied:22 Oct 2014] land specified in the order to be permanent timber production zone land becomes permanent timber production zone land and ceases to be future potential production forest land; and

(b) land specified in the order to cease to be, or form part of, permanent timber production zone land, ceases to be permanent timber production zone land and becomes –

(i) Crown land for the purposes of the Crown Lands Act 1976 ; and

(ii) future potential production forest land.

11B.   Conversion of future potential production forest land to permanent timber production zone land

[Section 11B Inserted by No. 12 of 2014, s. 19, Applied:22 Oct 2014]

(1)  On receipt of advice from the Minister administering the Crown Lands Act 1976 under section 7(7) of the Forestry (Rebuilding the Forest Industry) Act 2014 , the Minister, by order published in the Gazette (a land conversion order), must declare Crown land specified in that order to be permanent timber production zone land for the purposes of this Act.

(2)  A land conversion order is not a statutory rule for the purposes of the Rules Publication Act 1953 .

(3)  The Minister must cause a land conversion order and the advice referred to in subsection (1) together with the information obtained under section 7(2) and (4) of the Forestry (Rebuilding the Forest Industry) Act 2014 to be laid before each House of Parliament within the first 5 sitting-days after the land conversion order is made.

(4)  A proposed land conversion order is of no effect unless it has been accepted by both Houses of Parliament.

(5)  A House of Parliament is taken to have accepted a proposed land conversion order if the order has been laid on the table of that House and –

(a) it is accepted by that House; or

(b) at the expiration of 15 sitting-days after it was laid on the table of that House, no notice has been given of a motion to disallow it, or, if such notice has been given, the notice has been withdrawn or the motion has been negatived; or

(c) if any notice of a motion to disallow it is given during that period of 15 sitting-days, the notice is, after the expiration of that period, withdrawn or the motion is negatived.

(6)  If the proposed land conversion order is accepted by both Houses of Parliament, land specified in the order to be permanent timber production zone land becomes permanent timber production zone land and ceases to be future potential production forest land.

12.   Land purchased, &c., by Forestry corporation becomes permanent timber production zone land

(1)  Any land purchased or acquired by the Forestry corporation becomes permanent timber production zone land.

(2)  In this section –

land does not include houses, buildings or similar structures on land.

12A.   Prohibition on purchase, &c., of future potential production forest land

[Section 12A Inserted by No. 12 of 2014, s. 20, Applied:22 Oct 2014] The Forestry corporation must not purchase or otherwise acquire future potential production forest land.

13.   Access to permanent timber production zone land

(1)  The Forest Manager must perform its functions and exercise its powers so as to allow access to permanent timber production zone land for such purposes as are not incompatible with the management of permanent timber production zone land under this Act.

(2)  Nothing in subsection (1) prevents the Forest Manager from exercising its powers under sections 21 , 22 and 23 .

14.   Forest Manager may charge fee

The Forest Manager may, with the approval of the Minister, charge a person or a class of persons a fee for the right to access permanent timber production zone land or use a forest road for any purpose.

PART 5 - Wood Production Policy

15.   Sustainable management of Tasmania's forests

The Forest Manager must perform its functions in a manner that is consistent with the principles of forest management set out in the Forest Practices Code, as a contribution to the sustainable management of Tasmania's forests.

16.   Wood production supply

(1)  Each year the Forest Manager must make available –

(a) for the veneer and sawmilling industries, a minimum aggregate quantity of eucalypt veneer logs and eucalypt sawlogs, from permanent timber production zone land, that meets the prescribed specifications that are in force immediately before the commencement of this Act; and

(b) [Section 16 Subsection (1) amended by No. 12 of 2014, s. 21, Applied:22 Oct 2014] for a prescribed industry, the prescribed quantity, prescribed type and prescribed specification of other prescribed timber (including special species timber, as defined in section 3 of the Forestry (Rebuilding the Forest Industry) Act 2014 ).

(2)  In subsection (1)(a)  –

minimum aggregate quantity means –

(a) 137 000 cubic metres of any combination of eucalypt veneer quality 1, eucalypt veneer quality 2, category 1 sawlogs, and category 3 sawlogs, as specified in Schedule 1 to the Forestry Regulations 2009 ; or

(b) if another quantity is prescribed, the prescribed quantity.

(3)  The regulations may prescribe the time for which the quantity, type and specification of other timber is to be made available and the source of the other timber.

PART 5A - Compensation Arrangements

16A.   Interpretation of Part

[Section 16A Inserted by No. 12 of 2014, s. 22, Applied:22 Oct 2014] In this Part –

forest product means any of the following:

(a) sawn timber;

(b) veneer products;

(c) poles, piles or posts;

(d) any other forest product but not including –

(i) woodchips that are to be further processed outside Tasmania; or

(ii) whole logs that are to be further processed outside Tasmania; or

(iii) any other product excluded by the regulations, being a product not referred to in paragraph (a) , (b) or (c) ;

wood supply contract means a contract made between the Forestry corporation and a purchaser, the principal, or a principal, term of which is that the Forestry corporation should make available to that purchaser over a period of not less than 2 years a supply of a quantity of logs in return for monetary or other consideration.

16B.   Forestry compensation certificate

[Section 16B Inserted by No. 12 of 2014, s. 22, Applied:22 Oct 2014]

(1)  Subject to this Part, the Minister must issue a forestry compensation certificate to a purchaser under a wood supply contract at the request of the Forestry corporation or the purchaser.

(2)  Before issuing a forestry compensation certificate the Minister –

(a) must be satisfied that –

(i) there is an enforceable wood supply contract; and

(ii) the logs to be supplied under the wood supply contract will be processed in Tasmania into a forest product; and

(iii) any requirements set out in regulations made under this Act that prescribe any economic or environmental requirement, concerning the logs, the source of the logs or the processing of the logs, are met; and

(b) must have received from the Forestry corporation certification that, having regard to all other enforceable wood supply contracts, it is able to supply the quantities of logs specified in the wood supply contract in accordance with its terms.

(3)  The Forestry corporation must issue certification if, having regard to all other enforceable wood supply contracts, it is able to supply the quantities of wood specified in the wood supply contract in accordance with its terms.

16C.   Contents of forestry compensation certificate

[Section 16C Inserted by No. 12 of 2014, s. 22, Applied:22 Oct 2014] A forestry compensation certificate is to contain the following information:

(a) the name of the person to whom the certificate is issued;

(b) a description of the wood supply contract to which the certificate relates that is sufficient to enable that contract to be identified;

(c) the annual quantity of logs to which the certificate relates;

(d) the date on which the certificate ceases to have effect.

16D.   Transfer or assignment, &c., of forestry compensation certificate

[Section 16D Inserted by No. 12 of 2014, s. 22, Applied:22 Oct 2014]

(1)  Subject to subsection (2) , the person to whom a forestry compensation certificate is issued may assign the rights and entitlements associated with that certificate in part or in full to a person to whom the purchaser's rights and entitlements, under the wood supply contract to which the certificate relates, are assigned.

(2)  The assignment of the rights and entitlements associated with the forestry compensation certificate must correspond to the assignment of the purchaser's rights and entitlements under the wood supply contract to which the certificate relates.

(3)  If the person to whom a forestry compensation certificate is issued assigns to another person the rights and entitlements associated with that certificate in part or in full in accordance with subsection (1) , the first-mentioned person is to –

(a) provide evidence to the Minister that the assignments referred to in subsection (1) have been effected; and

(b) deliver the certificate to the Minister; and

(c) deliver a copy of the contract by which the rights and entitlements, under the wood supply contract to which the certificate relates, are assigned.

(4)  On receipt of the evidence, forestry compensation certificate and contract, the Minister, if satisfied that the assignments referred to in subsection (1) have been effected, is to –

(a) issue to the assignee of the rights and entitlements under the forestry compensation certificate a new certificate to reflect the details of that assignment; and

(b) if any rights and entitlements under the forestry compensation certificate were not assigned by the assignor, issue to the assignor a new certificate in respect of those rights and entitlements that were not assigned.

(5)  On the issue of any new forestry compensation certificate or certificates in accordance with subsection (4) , the forestry compensation certificate referred to in subsection (3) is cancelled.

(6)  The cancellation of a forestry compensation certificate in accordance with subsection (5) does not affect any claim to compensation under that certificate that accrued before its cancellation.

16E.   Effect of forestry compensation certificate

[Section 16E Inserted by No. 12 of 2014, s. 22, Applied:22 Oct 2014]

(1)  A forestry compensation certificate entitles the holder of the certificate to receive compensation in accordance with this section.

(2)  The holder of a forestry compensation certificate is entitled to compensation if the Forestry corporation certifies to the Minister that the Forestry corporation is, when requested by the holder, prevented from supplying logs to the holder, up to the quantities specified in the forestry compensation certificate and on the terms specified in the wood supply contract to which the certificate relates, as a result of –

(a) a change of the law of the State, including any change to section 16 of this Act, that has the effect of diminishing the quantities of logs available to the Forestry corporation for the supply of logs in accordance with the terms of the wood supply contract; or

(b) a change of policy –

(i) in relation to forest practices, within the meaning of the Forest Practices Act 1985 ; or

(ii) solely or primarily in relation to the Tasmanian forest industry by the Tasmanian Government –

that has the effect of diminishing the quantities of logs available to the Forestry corporation for the supply of logs in accordance with the terms of the wood supply contract.

(3)  The Forestry corporation must certify in accordance with subsection (2) if it is unable to supply logs in accordance with the terms of a wood supply contract.

(4)  Certification by the Forestry corporation under subsection (2) must include –

(a) the name of the holder of the forestry compensation certificate at the date of certification; and

(b) a description of the wood supply contract to which the certificate relates that is sufficient to enable that contract to be identified; and

(c) the annual quantity of logs to which the certificate relates; and

(d) the annual quantity of logs requested from the Forestry corporation by the holder of the certificate; and

(e) the annual quantity of logs that the Forestry corporation has made available, or can make available, to the holder of the certificate; and

(f) having regard to paragraphs (c) , (d) and (e) , the annual quantity of logs that the Forestry corporation is prevented from supplying to the holder as a result of the circumstances referred to in paragraph (a) or (b) of subsection (2) ; and

(g) the period during which the Forestry corporation is prevented from supplying to the holder of the certificate the quantity referred to in paragraph (f) .

(5)  For the purposes of calculating the annual quantity of logs that the Forestry corporation has made available, or can make available, to the holder of a forestry compensation certificate under subsection (4)(e) , any quantity of logs supplied to the holder under any other wood supply contract, in respect of which a forestry compensation certificate has not been issued, is taken to have been supplied in full satisfaction or in part satisfaction, as the case may be, of the wood supply contract to which the certification by the Forestry corporation under subsection (2) relates.

16F.   Entitlement to compensation

[Section 16F Inserted by No. 12 of 2014, s. 22, Applied:22 Oct 2014]

(1)  On receipt of the Forestry corporation's certification under section 16E(2) , the Minister becomes liable to pay compensation to the holder of the forestry compensation certificate to which the certification relates in accordance with this Part.

(2)  Subject to subsections (3) and (4) , the amount of compensation referred to in subsection (1) is the amount of damages that would have been payable by the Forestry corporation if the non-supply of the quantity of logs referred to in section 16E(4)(f) for the period referred to in section 16E(4)(g) in accordance with the terms of the wood supply contract had constituted a breach of contract by the Forestry corporation.

(3)  Subsection (2) applies only to the extent that the non-supply referred to in that subsection occurs as a result of the circumstances referred to in paragraph (a) or (b) of section 16E(2) .

(4)  For the purposes of subsection (2) , the following matters are to be disregarded when calculating compensation:

(a) any agreement between the holder of the forestry compensation certificate and the Forestry corporation that limits the damages payable for a breach of the wood supply contract;

(b) any agreement between the holder of the forestry compensation certificate and the Forestry corporation to pay an agreed amount of damages for a breach of the wood supply contract.

(5)  A holder of a forestry compensation certificate entitled to compensation in accordance with this Part and the Forestry corporation must take all reasonable steps to minimise the loss or damage referred to in subsection (2) .

16G.   Determination of compensation

[Section 16G Inserted by No. 12 of 2014, s. 22, Applied:22 Oct 2014]

(1)  In this section –

affected person means a person who is entitled to compensation in accordance with this Part.

(2)  Before agreeing an amount of compensation, the Minister must obtain the approval of the Solicitor-General to that amount.

(3)  If the affected person and the Minister agree the amount of compensation in writing, the compensation is that amount.

(4)  If the affected person and the Minister cannot agree the amount of compensation, the claim for compensation is to be determined in the same manner as a disputed claim for compensation under the Land Acquisition Act 1993 and, for that purpose –

(a) the certification given by the Forestry corporation is taken to be a notice of acquisition, within the meaning of that Act; and

(b) the amount of compensation to be determined is the amount referred to in section 16F(2) ; and

(c) the Crown is the acquiring authority.

(5)  Any compensation that an affected person receives under this section extinguishes any claim that the affected person would otherwise have had against the Forestry corporation in respect of the matters to which the compensation relates.

(6)  An affected person and the Forestry corporation are taken to be discharged from the performance of their respective obligations under a wood supply contract to the extent that the non-performance of those obligations is taken into account in agreeing or determining the compensation payable to the affected person in accordance with this section.

16H.   Amendment of forestry compensation certificate

[Section 16H Inserted by No. 12 of 2014, s. 22, Applied:22 Oct 2014]

(1)  If the Forestry corporation and the holder of a forestry compensation certificate have agreed to vary the terms of the wood supply contract to which that certificate relates, the Forestry corporation must advise the Minister, within 14 days from the date on which the variation takes effect, of the varied terms.

(2)  On receipt of advice from the Forestry corporation under subsection (1) , the Minister must amend the forestry compensation certificate to which the wood supply contract relates to give effect to the variation.

(3)  Before amending a forestry compensation certificate, the Minister –

(a) must be satisfied that there is an enforceable wood supply contract; and

(b) must have received from the Forestry corporation certification that, having regard to all other enforceable wood supply contracts, it is able to supply the quantities of wood specified in the wood supply contract in accordance with its terms.

16I.   Continuation of forestry compensation certificates

[Section 16I Inserted by No. 12 of 2014, s. 22, Applied:22 Oct 2014]

(1)  A forestry compensation certificate issued pursuant to section 8(1) of the Tasmanian Forests Agreement Act 2013 , as in force immediately before the commencement of the Forestry (Rebuilding the Forest Industry) Act 2014 (the former certificate) –

(a) is taken to be a forestry compensation certificate issued under this Act; and

(b) a reference in the former certificate to section 8(1) of the Tasmanian Forests Agreement Act 2013 is to be read as a reference to section 16B(1) of the Forest Management Act 2013 ; and

(c) a reference in the former certificate to section 11 is to be read as a reference to section 16E.

(2)  A reference to a forestry compensation certificate, issued pursuant to section 8(1) of the Tasmanian Forests Agreement Act 2013 , as in force immediately before the commencement of the Forestry (Rebuilding the Forest Industry) Act 2014 , in any document is taken to be a reference to a forestry compensation certificate issued under this Act.

PART 6 - Miscellaneous

17.   Timber classification officers

(1)  The Forest Manager may appoint any of its employees, any person employed by a body corporate involved in the forest industry, or any other person whom it regards as being suitably qualified, to be a timber classification officer for the purposes of classifying timber and other forest products on, or harvested from, permanent timber production zone land.

(2)  A person who is not an employee of the Forest Manager is to be appointed on such terms as the Forest Manager determines and specifies in the instrument of appointment.

(3)  A person appointed as a timber classification officer must perform such duties relating to the classification of timber and other forest products as the Forest Manager directs.

(4)  A person appointed as a timber classification officer does not incur any personal liability for an act done or purported or omitted to be done by the officer acting as such in good faith.

(5)  An employee or other person appointed as a timber classification officer may hold that appointment and perform the duties of a timber classification officer in conjunction with any other office or appointment held by that person.

(6)  Notwithstanding the other provisions of this section, a State Service officer or State Service employee is not, without the prior approval of the Head of the State Service Agency in which the officer or employee is employed –

(a) capable of being appointed as a timber classification officer; or

(b) entitled to receive any remuneration or allowances in his or her capacity as a timber classification officer.

(7)  In any proceedings, a certificate purporting to be signed by a person authorised, in writing, by the Forest Manager and stating that a person named in the certificate is, or was at a particular time or during a particular period, a timber classification officer is admissible as evidence of the matter stated in the certificate.

18.   Power to construct drains on adjoining land

(1)  The Forest Manager may construct or maintain a drain or watercourse in and through land adjoining or near a forest road as it considers necessary.

(2)  The Forest Manager must maintain a drain or watercourse constructed by it under subsection (1) .

(3)  The Forest Manager must not enter land for any purpose specified in subsection (1) or (2) unless –

(a) the Forest Manager has notified the owner and occupier of the land, in writing, of its intention to enter the land and the purpose of that entry; and

(b) not less than 14 days have elapsed since that notice was provided to the owner and occupier.

(4)  The Forest Manager must pay compensation to the owner and occupier of land entered under this section for any damage or loss suffered by reason of the construction or maintenance of a drain or watercourse by the Forest Manager under this section.

(5)  The compensation payable by the Forest Manager under this section is to be determined in the same manner as a disputed claim for compensation under the Land Acquisition Act 1993 .

(6)  For the purposes of subsection (4)  –

land means –

(a) land other than Crown land; or

(b) land that is owned or occupied by a Government Business Enterprise; or

(c) land that is owned by any other person or body.

19.   Constructing forest roads, &c.

The Forest Manager may construct and maintain forest roads, works and other facilities –

(a) in permanent timber production zone land; or

(b) for access to permanent timber production zone land.

20.   Forest Manager not liable for failure to maintain forest road

The Forest Manager does not incur any liability by virtue of its failure to keep a forest road in repair in respect of pedestrian or vehicular traffic using that road.

21.   Signage

(1)  The Forest Manager may erect signs –

(a) on or in respect of forest roads; or

(b) on permanent timber production zone land –

for the purposes of discharging its responsibilities or in the interests of safety.

(2)  The Forest Manager, wherever practicable, is to erect signs stating that a particular road is a forest road.

(3)  A person must not, without lawful excuse, undertake an activity or engage in conduct on a forest road or other land in permanent timber production zone land contrary to the directions of the Forest Manager expressed on a sign authorised by the Forest Manager.

Penalty:  Fine not exceeding 20 penalty units.

(4)  In any proceedings under subsection (3) , a certificate purporting to be signed by a person authorised, in writing, by the Forest Manager stating that at a particular time a sign was authorised by the Forest Manager for the purposes of this section is admissible as evidence that, at that time, the sign was so authorised.

(5)  A police officer who reasonably considers that a person is offending against subsection (3) may direct that person to leave the forest road or other land in permanent timber production zone land.

(6)  A person who is given a direction by a police officer under subsection (5) must comply with that direction.

Penalty:  Fine not exceeding 20 penalty units.

(7)  A police officer may arrest, without warrant, any person who fails to comply with a direction under subsection (5) .

22.   Request to leave, &c., permanent timber production zone land

(1)  In this section –

authorised officer means a person appointed as an authorised officer under subsection (2) .

(2)  The Forest Manager may appoint any of its employees to be an authorised officer for the purpose of this section.

(3)  An authorised officer may request a person –

(a) not to enter permanent timber production zone land or a forest road; or

(b) to leave permanent timber production zone land or a forest road; or

(c) to cease to undertake an activity conducted, or to cease to engage in conduct, on that land or road –

if the authorised officer is of the opinion that the entry or presence of that person, or the activity conducted, or the conduct engaged in, by that person on the land or road is preventing, has prevented or is about to prevent the Forest Manager from effectively or efficiently performing its functions.

(4)  An authorised officer may prohibit a person from entering, or remaining in, an area of permanent timber production zone land –

(a) that has been declared under section 68 of the Fire Service Act 1979 to be an area of extreme fire hazard; or

(b) that is an area in respect of which another person has a right of exclusive possession; or

(c) in the interests of a person's safety.

(5)  A person who fails to comply with a request from an authorised officer under subsection (3) or (4) is guilty of an offence.

Penalty:  Fine not exceeding 20 penalty units.

(6)  A person must not, without lawful excuse, undertake an activity or engage in conduct on permanent timber production zone land or a forest road contrary to the directions of a police officer.

Penalty:  Fine not exceeding 20 penalty units.

(7)  A police officer may arrest, without warrant, any person who fails to comply with a direction under subsection (6) .

(8)  In any proceedings under subsection (5) , a certificate purporting to be signed by a person authorised, in writing, by the Forest Manager stating that at a particular time a person was an authorised officer is admissible as evidence that, the person was, at that time, an authorised officer.

23.   Closure of forest roads

(1)  In this section –

artificial barricade includes a gate or chain;

prescribed sign means a sign that clearly indicates that the forest road, or the section of forest road, in respect of which it is erected is closed to all traffic or to a class of traffic;

traffic means pedestrian or vehicular traffic.

(2)  The Forest Manager may close a forest road or any section of forest road either permanently or temporarily to all traffic, or to a class of traffic, if the Forest Manager considers that the closure is necessary or expedient –

(a) for the purposes of discharging its responsibilities; or

(b) in the interests of safety.

(3)  The closure may be effected by means of –

(a) a prescribed sign; or

(b) a prescribed sign in conjunction with an artificial barricade; or

(c) a prescribed sign in conjunction with an earthen barricade; or

(d) a prescribed sign in conjunction with a trench –

or by any combination of those means.

(4)  A person must not –

(a) drive or use a vehicle on; or

(b) be on or otherwise use –

a forest road or a section of forest road that has been closed in accordance with this section or in contravention of the regulations.

Penalty:  Fine not exceeding 20 penalty units.

(5)  In any proceedings under subsection (4) , a certificate purporting to be signed by a person authorised, in writing, by the Forest Manager and stating that, at a particular time, a forest road or a section of forest road was closed to all traffic, or to a class of traffic, and that the closure was effected in accordance with this section, is admissible as evidence that, at that particular time, the forest road or section of forest road was so closed.

24.   Conversion of forest roads to public roads

(1)  In this section –

forest road means a forest road that is made up of land that has the status of permanent timber production zone land under this Act.

(2)  The power that the Governor may exercise under section 7 of the Roads and Jetties Act 1935 , in respect of a road or any specified portion of a road within the meaning of that Act, may also, with the consent of the Forest Manager, be exercised in respect of a forest road or any specified portion of a forest road in all respects as if the forest road were a road within the meaning of that Act.

(3)  If, pursuant to subsection (2) , the Governor by proclamation declares any forest road or any specified portion of a forest road to be a State highway or subsidiary road for the purposes of Part II of the Roads and Jetties Act 1935 , the land comprising that forest road or specified part of that forest road ceases, by virtue of the proclamation, to be permanent timber production zone land on the date on which the proclamation takes effect.

(4)  The power that a council may exercise under section 12 of the Local Government (Highways) Act 1982 in respect of a road, or other way within its municipal area that is not a highway, may also, with the consent of the Forest Manager, be exercised in respect of a forest road in all respects as if that forest road were a road or way within the meaning of that section of that Act.

(5)  If, pursuant to subsection (4) , a council by resolution declares that a forest road within its municipal area is to become, as specified in the resolution, a highway maintainable by the council or a particular kind of highway so maintainable, the land comprising that forest road ceases, by virtue of the resolution, to be permanent timber production zone land on the date on which the resolution is published in the Gazette in accordance with section 12(4) of the Local Government (Highways) Act 1982 .

(6)  This section has effect notwithstanding any other enactment.

25.   Exemption of certain vehicles from laws specifying vehicle mass, weight or dimension limits

(1)  In this section –

combination has the same meaning as in the Vehicle and Traffic Act 1999 ;

vehicle has the same meaning as in the Vehicle and Traffic Act 1999 .

(2)  Except as otherwise provided by the regulations, a law of Tasmania does not apply in respect of the use of a vehicle, or combination, on a forest road if the law would otherwise operate to prohibit or restrict the use on a forest road of a vehicle, or combination, that exceeds a certain mass, weight or dimension (whether inclusive or exclusive of its load).

26.   Easements over Crown land in permanent timber production zone land

(1)  The Forest Manager may, on behalf of the Crown, grant easements over Crown land in permanent timber production zone land for such purposes and upon such terms and conditions as the Forest Manager determines.

(2)  An easement granted under subsection (1) is registrable under the Land Titles Act 1980 .

27.   Land Acquisition Act 1993 applies to Forestry corporation

The Land Acquisition Act 1993 applies to the Forestry corporation and for that purpose the Forestry corporation is taken to be an acquiring authority under that Act.

28.   Alternative to prosecution for certain offences

(1)  If –

(a) the Forest Manager is satisfied that a person has committed an offence involving a forest product but that in the circumstances the offence does not merit prosecution; and

(b) the person pays or agrees to pay the Forest Manager an amount not exceeding 3 times the commercial value of the forest product as reasonably determined by the Forest Manager –

the Forest Manager may accept such payment or agreement to pay and, if so, it must waive or, if applicable, discontinue the proceedings for the offence.

(2)  In a case to which subsection (1) applies, the Forest Manager may allow the person to take, remove or retain the whole or any part of the forest product.

(3)  If the whole or any part of an amount that a person has agreed to pay the Forest Manager under subsection (1) is not paid by such date or within such period as that person and the Forest Manager have agreed for the purpose, the Forest Manager may recover the unpaid amount as a debt due to the Forest Manager in a court of competent jurisdiction.

29.   Fire protection

(1)  A person who is engaged in any forest operations in an area of permanent timber production zone land must –

(a) take reasonable measures to protect the area from fire; and

(b) promptly check and suppress any fire that may occur in the area.

Penalty:  Fine not exceeding 20 penalty units.

(2)  Nothing in subsection (1) prohibits a person from carrying out reasonable and controlled burning-off operations with the written approval of the Forest Manager as part of any forest operations or for the purposes of land management or fire safety.

(3)  A person who is engaged in any forest operations in an area of permanent timber production zone land must, if requested to do so by a police officer or an employee of the Forest Manager, provide reasonable assistance to the Forest Manager in taking action to check and suppress any fire that is threatening, or likely to threaten, the area.

Penalty:  Fine not exceeding 20 penalty units.

(4)  The Forest Manager must reimburse a person for the reasonable costs incurred by that person in complying with a request under subsection (3) .

30.   Person may not make certain claims

No person –

(a) has any claim against the Crown or the Forest Manager including, without limitation, a claim for breach of confidence; or

(b) is entitled to claim that the Forest Manager has breached any contract; or

(c) is entitled to terminate a contract or claim any other remedy –

arising out of anything that the Forest Manager is required to do under section 58 of the Government Business Enterprises Act 1995 .

31.   Vicarious liability

(1)  In this section –

employee includes a contractor, whether independent or otherwise.

(2)  If an offence against this Act is committed by an agent or employee, the principal or employer is also guilty of an offence and liable to the same penalty as is provided for the first-mentioned offence unless it is proved that the principal or employer could not by the exercise of reasonable diligence have prevented the agent or employee from committing the offence.

32.   Transfer of assets, &c.

(1)  The Treasurer may, by notice of transfer published in the Gazette, transfer any assets, rights or liabilities of the Forestry corporation to another person or body.

(2)  Section 10A(1) , (3) and (4) and Schedule 1A of the Government Business Enterprises Act 1995 apply to the transfer referred to in subsection (1) as if references to the transferor were references to the Forestry corporation and references to the transferee were references to the person or body referred to in subsection (1) .

33.   Recognition of service with Forestry corporation

(1)  In this section –

continuous employment has the same meaning as in the Long Service Leave Act 1976 or the Long Service Leave (State Employees) Act 1994 , as the case may be.

(2)  If a person who is employed by the Forestry corporation resigns after the commencement of this Act and is appointed under the State Service Act 2000 to a position in the responsible Department in relation to the National Parks and Reserves Management Act 2002 , that person's period of service with the Forestry corporation is taken to be continuous employment with the State Service –

(a) for the purposes of calculating the long service leave which that person will be entitled to, or eligible for, under the Long Service Leave (State Employees) Act 1994 ; and

(b) for the purposes of calculating any redundancy payment if the employee is made redundant from the State Service.

(3)  If the Long Service Leave Act 1976 applies to a person referred to in subsection (2) , that person may elect in writing, on the day on which that person gives notice of his or her resignation, to not be paid in accordance with section 12(4) of that Act.

(4)  If the Long Service Leave (State Employees) Act 1994 applies to a person referred to in subsection (2) , that person may elect in writing, on the day on which that person gives notice of his or her resignation, to not be paid the allowance specified in section 20(2) of that Act.

(5)  On appointment under the State Service Act 2000 , a person referred to in subsection (2) is entitled, subject to subsection (11) , to the amount of long service leave that the person would have been entitled to, or been eligible for, on that person's date of resignation if –

(a) the person had not resigned from the Forestry corporation; and

(b) the person has not received any payment in respect of that long service leave.

(6)  For the purposes of calculating the long service leave entitlement under the Long Service Leave (State Employees) Act 1994 of a person referred to in subsection (2) , the amount of long service leave to which that person is entitled is to be no more than the combined amount of –

(a) the long service leave under subsection (5) ; and

(b) the amount of long service leave to which that person is entitled under the Long Service Leave (State Employees) Act 1994 on and from the date on which that person is appointed under the State Service Act 2000 but excluding that person's period of service with the Forestry corporation.

(7)  On appointment under the State Service Act 2000 , a person referred to in subsection (2) , who is not entitled to long service leave in accordance with section 8(2)(a)(i) of the Long Service Leave Act 1976 , is entitled to long service leave if the combined period of continuous employment with the Forestry corporation and continuous employment in the State Service is 10 years.

(8)  For the purposes of calculating the long service leave entitlement of a person referred to in subsection (7) , the amount of long service leave to which that person is entitled is to be no more than the combined amount of –

(a) 0.866 weeks of long service leave for each year of continuous employment with the Forestry corporation; and

(b) 6.5 days of long service leave for each year of continuous employment in the State Service.

(9)  On appointment under the State Service Act 2000 , a person referred to in subsection (2) , who is not entitled to long service leave in accordance with section 8(2)(a)(ii) of the Long Service Leave Act 1976 , is entitled to long service leave for the period of that person’s continuous employment with the Forestry corporation.

(10)  Subject to subsection (11) , for the purposes of calculating the long service leave entitlement of a person referred to in subsection (9) , the amount of long service leave to which that person is entitled is to be no more than the amount of 0.866 weeks of long service leave for each year of continuous employment with the Forestry corporation.

(11)  If a person referred to in subsection (2) has taken or exhausted the long service leave to which that person is entitled as a result of his or her employment with the Forestry corporation, the amount of long service leave taken or exhausted by that person is to be deducted from any amount of long service leave to which the person is, or becomes, entitled, or for which that person is, or becomes, eligible, on or after that person's appointment under the State Service Act 2000 .

(12)  Subsections (2) , (5) , (7) and (9) do not apply if the period from the date of the person's resignation from the Forestry corporation to the date of commencement of the person's appointment under the State Service Act 2000 exceeds 3 months.

(13)  Subsection (5) does not apply to a person referred to in subsection (2) if that person has received payment in respect of his or her full entitlement to long service leave accrued in respect of his or her employment with the Forestry corporation.

34.   Superannuation entitlements not affected

(1)  Nothing in this Act affects the superannuation entitlements of a person referred to in section 33(2) that were in existence immediately before the date on which that person resigned from his or her employment with the Forestry corporation.

(2)  Subsection (1) does not apply if the period from the date of the person's resignation from the Forestry corporation to the date of commencement of the person's appointment under the State Service Act 2000 exceeds 3 months.

35.   Regulations

(1)  The Governor may make regulations for the purposes of this Act.

(2)  Without limiting the generality of subsection (1) , the regulations may prescribe the day on which sections 33 and 34 cease to have effect.

(3)  The regulations may –

(a) be of general or limited application; and

(b) apply differently according to specified matters, limitations or restrictions, whether as to time, location, circumstance or otherwise; and

(c) authorise any matter to be determined, applied or regulated by the Forest Manager or by a person or class of persons authorised by the Forest Manager.

(4)  The regulations may –

(a) provide that a contravention of, or a failure to comply with, any of the regulations is an offence; and

(b) in respect of such an offence, provide for the imposition of a fine not exceeding 20 penalty units and, in the case of a continuing offence, a further fine not exceeding 2 penalty units for each day during which the offence continues.

36.   Administration of Act

Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990  –

(a) the administration of this Act is assigned to the Minister for Energy and Resources; and

(b) the department responsible to that Minister in relation to the administration of this Act is the Department of Infrastructure, Energy and Resources.

37.   Savings and transitional provisions relating to continuation of Forestry corporation

Schedule 1 has effect.

38.   Savings and transitional provisions relating to State forest becoming permanent timber production zone land

Schedule 2 has effect.

39.   Certain forest reserves declared to be reserved land under Nature Conservation Act 2002

Schedule 3 has effect.

40.   Legislation repealed

The legislation specified in Schedule 4 is repealed.

SCHEDULE 1 - Savings and Transitional Provisions Relating to Continuation of Forestry Corporation

Section 37

1.   Interpretation

In this Schedule –

commencement day means the day on which this Act commences.

2.   Transfer of property

For the avoidance of doubt, any estate or interest in land or other property and all rights, obligations and liabilities of the Forestry corporation that are subsisting immediately before the commencement day are, on that day, taken to vest in the Forestry corporation continued under this Act.

3.   Acts, &c., done by or to Forestry corporation

For the avoidance of doubt, all acts, matters and things done or omitted to be done by, or done or suffered in relation to, the Forestry corporation before the commencement day have, on and after that day, the same force and effect as if they had been done or omitted to be done by, or done or suffered in relation to, the Forestry corporation continued under this Act.

4.   Continuation of proceedings

For the avoidance of doubt, all legal or other proceedings that might, before the commencement day, have been continued or instituted by or against the Forestry corporation may, on and after that day, be continued or instituted by or against the Forestry corporation continued under this Act.

5.   Contracts, agreements, &c.

(1) For the avoidance of doubt, any contract, agreement, arrangement or undertaking entered into by the Forestry corporation in relation to land other than land referred to in Schedule 3 is, if not executed, discharged or otherwise terminated by the commencement day, taken to be a contract, agreement, arrangement or undertaking entered into with the Forestry corporation continued under this Act.

(2) Subclause (1) does not apply to any contract, agreement, arrangement or undertaking referred to in clause 4 of Schedule 3 .

6.   Leases, licence, &c.

(1) For the avoidance of doubt, any lease, licence, permit, easement or other authority granted by the Forestry corporation is, if not surrendered, released, discharged or otherwise terminated by the commencement day, taken to be a lease, licence, permit, easement or other authority granted by the Forestry corporation continued under this Act.

(2) Subclause (1) does not apply to any lease, licence, permit, easement or other authority referred to in clause 3 of Schedule 3 .

7.   Chief executive officer

The person holding office as chief executive officer under the repealed Act immediately before the commencement day continues to hold that office on and after that day on the same terms and conditions applicable to that office immediately before the commencement day.

8.   Forestry rights

For the avoidance of doubt, any forestry right, within the meaning of section 22A of the repealed Act, in existence under that Act immediately before the commencement day continues in existence on and from that day.

9.   Employees

A person employed by the Forestry corporation immediately before the commencement day continues to be employed on and after that day by the Forestry corporation continued under this Act, on the same terms and conditions applicable to the position held by that person immediately before the commencement day.

10.   Timber classification officers

A person holding office as a timber classification officer immediately before the commencement day is taken to have been appointed as a timber classification officer under this Act on the same terms applicable to that office immediately before the commencement day.

11.   Joint ventures

(1) An arrangement entered into under section 24 of the repealed Act and in force immediately before the commencement day continues in force on and after that day, as if it had been made by the Forestry corporation continued under this Act, on the same terms and conditions that related to that arrangement immediately before the commencement day.

(2) Notwithstanding subclause (1) , an arrangement referred to in that subclause may not be extended for any period after the term specified in the agreement relating to the arrangement except with the written approval of the Minister and the Treasurer.

12.   Sign

Any signs erected under section 25 of the repealed Act are taken to have been erected under section 21 of this Act.

13.   Closed forest roads

Any forest road closed under section 26 of the repealed Act is taken to have been closed under section 23 of this Act.

SCHEDULE 2 - Savings and Transitional Provisions Relating to State Forest Becoming Permanent Timber Production Zone Land

Section 38

1.   Certain State forest becomes permanent timber production zone land

(1) Except as provided in subclause (2) , land that was State forest under the repealed Act immediately before the commencement of this Act, but was not dedicated as a forest reserve under the repealed Act, becomes permanent timber production zone land under this Act.

(2) Land that was State forest under the repealed Act immediately before the commencement of this Act and was dedicated as a forest reserve, under the repealed Act, specified in column 1, and indicated by heavy black lines in the relevant CPR Plan listed in column 2, comprising the area specified in column 3, of the table set out at the end of this Schedule, becomes permanent timber production zone land.

Column 1 Forest reserve name	Column 2 CPR Plan	Column 3 Area (ha)
Brookerana Forest Reserve (part)	9642	30
Dalgarth Forest Reserve	2274	17
Griffin Forest Reserve	3933	17
Hollybank Forest Reserve	2272	135
Hopetoun Forest Reserve	2296	20
Jean Brook Forest Reserve	2278	12
Lawrence Rivulet Forest Reserve	4369	14
Oldina Forest Reserve	2273	11
Springfield Forest Reserve	3935	34
Tahune Forest Reserve	2270	103
Upper Natone Forest Reserve	2275	3
Wes Beckett Forest Reserve	2289	29

SCHEDULE 3 - Certain forest reserves declared to be reserved land under Nature Conservation Act 2002

Section 39

1.   Interpretation

In column 4 of the table set out at the end of this Schedule –

CA means a conservation area within the meaning of the Nature Conservation Act 2002 ;

RR means a regional reserve within the meaning of the Nature Conservation Act 2002 .

2.   Certain forest reserves declared to be reserved land under Nature Conservation Act 2002

(1) Land that was State forest under the repealed Act immediately before the commencement of this Act and was dedicated as a forest reserve, under the repealed Act, specified in column 1 in the table set out at the end of this Schedule, and indicated by heavy black lines in the relevant CPR Plan listed in column 2 of that table, comprising the area specified in column 3 of that table –

(a) ceases to be dedicated as a forest reserve; and

(b) ceases to be dedicated as State forest; and

(c) is declared to be reserved land in the class of regional reserve or conservation area, within the meaning of the Nature Conservation Act 2002 , as specified in column 4 of that table and is taken to have been so declared under section 11 of the Nature Conservation Act 2002 .

(2) Land declared as reserved land under subclause (1)(c) is given the name listed in column 5 of the table set out at the end of this Schedule and is taken to have been so named under section 19 of the Nature Conservation Act 2002 .

3.   Continuation of leases and licences, &c., in relation to land referred to in this Schedule

(1) Any lease, licence, permit, easement or other authority in existence and entered into before the commencement of this Act in relation to land specified in column 1 of the table set out at the end of this Schedule, and identified by the CPR Plan listed in column 2 of that table, remains in force until it expires or is surrendered, released, discharged or terminated.

(2) Any lease, licence, permit, easement or other authority referred to in subclause (1) is to be administered by the responsible Department in relation to the National Parks and Reserves Management Act 2002 .

(3) Any lease, licence or temporary licence granted by the Crown Lands Act 1976 , and in existence immediately before the commencement of this Act, continues to have effect as if this Act had not been enacted.

(4) Any contract for the sale of Crown land entered into by the Minister under the Crown Lands Act 1976 and not discharged or otherwise terminated before the commencement of this Act continues to have effect as if this Act had not been enacted.

4.   Continuation of contracts, agreements, &c.

(1) Any contract, agreement, arrangement or undertaking entered into by the Forestry corporation, and in existence immediately before the commencement of this Act, in relation to land specified in column 1 of the table set out at the end of this Schedule, and identified in the CPR Plan listed in column 2 of that table, remains in force until it expires or is surrendered, released, discharged or terminated.

(2) Any contract, agreement, arrangement or undertaking referred to in subclause (1) is taken to have been entered into with the Crown.

5.   Continuation of management plans

A management plan under the National Parks and Reserves Management Act 2002 in existence immediately before the commencement of this Act in relation to any land referred to in clause 2 continues as if it were a management plan for a class of reserve under the Nature Conservation Act 2002 .

6.    Mineral Resources Development Act 1995 applies

The Mineral Resources Development Act 1995 does not apply to the surface, or within 15 metres below the surface, of any land identified with the word "No" in column 6 of the table set out at the end of this Schedule.[Schedule 3 Amended by No. 44 of 2017, s. 50, Applied:21 Nov 2017]

Column 1	Column 2	Column 3	Column 4	Column 5	Column 6
Forest reserve name	CPR Plan	Area (ha)	NCA reserve class	Reserve name	MRDA applies
Alma Tier Forest Reserve	5096	287	CA	Alma Tier Conservation Area
Andersons Creek Forest Reserve	4391	317	RR	Andersons Creek Regional Reserve
Apslawn Forest Reserve	4432	2,866	RR	Apslawn Regional Reserve
Arm River Forest Reserve	2302	127	RR	Arm River Regional Reserve
Arthur River Forest Reserve	4376, 6870	3,678	RR	Arthur River Regional Reserve
Arve Loop Forest Reserve	4363	944	CA	Arve Loop Conservation Area
Avenue River Forest Reserve	4433	4,306	RR	Avenue River Regional Reserve
Badger River Forest Reserve	2906	316	RR	Badger River Regional Reserve
Balfour Track Forest Reserve	4055	322	RR	Balfour Track Regional Reserve
Bells Marsh Forest Reserve	4434	441	RR	Bells Marsh Regional Reserve
Big Sassy Creek Forest Reserve	2916	189	CA	Big Sassy Creek Conservation Area
Big Tree Forest Reserve	7198	112	CA	Big Tree Conservation Area
Black Creek Forest Reserve	2893	311	RR	Black Creek Regional Reserve
Black Jack Hill Forest Reserve	2879	662	RR	Black Jack Hill Regional Reserve
Blue Tier Forest Reserve	4435, 6872	5,305	RR	Blue Tier Regional Reserve
Boco Creek Forest Reserve	4377	923	RR	Boco Creek Regional Reserve
Bond Tier Forest Reserve	2877	1,814	RR	Bond Tier Regional Reserve
Bonneys Tier Forest Reserve	2932	363	RR	Bonneys Tier Regional Reserve
Borradaile Forest Reserve	2924	255	RR	Borradaile Regional Reserve
Boyd Forest Reserve	2298	10	CA	Boyd Conservation Area
Break O'Day Forest Reserve	4436	331	RR	Break O'Day Regional Reserve
Bridgenorth Forest Reserve	4392	41	CA	Bridgenorth Conservation Area
Brookerana Forest Reserve (part)	9643	28	CA	Brookerana Conservation Area	No
Brown Mountain Forest Reserve	2919	654	CA	Brown Mountain Conservation Area
Brushy Rivulet Forest Reserve	2909	593	CA	Brushy Rivulet Conservation Area
Burns Peak Forest Reserve	4378	952	RR	Burns Peak Regional Reserve
Buxton River Forest Reserve	4438	3,616	CA	Buxton River Conservation Area
Caroline Creek Forest Reserve	2894	212	RR	Caroline Creek Regional Reserve
Christmas Hills Forest Reserve	2937	344	CA	Christmas Hills Conservation Area
Coppermine Creek Forest Reserve	2931	685	RR	Coppermine Creek Regional Reserve
Crayfish Creek Forest Reserve	4399	313	RR	Crayfish Creek Regional Reserve
Cygnet River Forest Reserve	4663	4,311	RR	Cygnet River Regional Reserve
Deep Gully Forest Reserve	4379, 6874	3,397	RR	Deep Gully Regional Reserve
Den Hill Forest Reserve	2925	947	CA	Den Hill Conservation Area
Den Ranges Forest Reserve	4407	404	RR	Den Ranges Regional Reserve
Denison Ridge Forest Reserve	2929	148	CA	Denison Ridge Conservation Area
Derby Forest Reserve	4408	200	RR	Derby Regional Reserve
Dial Range Forest Reserve	4380	2,522	RR	Dial Range Regional Reserve
Dickies Ridge Forest Reserve	4437	621	RR	Dickies Ridge Regional Reserve
Dip Falls Forest Reserve	1350	34	RR	Dip Falls Regional Reserve	No
Dip River Forest Reserve	2933	2,746	RR	Dip River Regional Reserve
Dismal Range Forest Reserve	4409	199	CA	Dismal Range Conservation Area
Dismal Swamp Forest Reserve	5095	310	RR	Dismal Swamp Regional Reserve
Doctors Peak Forest Reserve	2881	3,038	RR	Doctors Peak Regional Reserve
Dogs Head Hill Forest Reserve	4393	1,508	RR	Dogs Head Hill Regional Reserve
Dove River Forest Reserve	4394	2,415	RR	Dove River Regional Reserve
Drys Bluff Forest Reserve	2291	691	CA	Drys Bluff Conservation Area	No
Duck River Forest Reserve	2895	464	RR	Duck River Regional Reserve
Eastern Tiers Forest Reserve	4439, 6876	4,917	CA	Eastern Tiers Conservation Area
Emu Ground Forest Reserve	3574	919	RR	Emu Ground Regional Reserve
Emu River Forest Reserve	4381	584	RR	Emu River Regional Reserve
Esperance River Forest Reserve	2305	149	CA	Esperance River Conservation Area
Evercreech Forest Reserve	2276	52	RR	Evercreech Regional Reserve
Fisher Tier Forest Reserve	4410	269	CA	Fisher Tier Conservation Area
Fletchers Hill West Forest Reserve	2951	57	CA	Fletchers Hill West Conservation Area
Flowerdale River Forest Reserve	4382	292	RR	Flowerdale River Regional Reserve
Fords Pinnacle Forest Reserve	2952	95	RR	Fords Pinnacle Regional Reserve
Franklin Rivulet Forest Reserve	2954	321	CA	Franklin Rivulet Conservation Area
Frome Forest Reserve	4411	930	RR	Frome Regional Reserve
German Town Forest Reserve	4440	935	RR	German Town Regional Reserve
Hardings Falls Forest Reserve	4441, 6878	1,938	RR	Hardings Falls Regional Reserve
Hatfield River Forest Reserve	4383, 6879	1,518	RR	Hatfield River Regional Reserve
Henty Forest Reserve	2907	105	RR	Henty Regional Reserve
Huntsmans Cap Forest Reserve	4442	216	RR	Huntsmans Cap Regional Reserve
Huskisson River Forest Reserve	4384	690	RR	Huskisson River Regional Reserve
Jackeys Creek Forest Reserve	2940	213	CA	Jackeys Creek Conservation Area
John Lynch Forest Reserve	4386, 6880	7,231	RR	John Lynch Regional Reserve
Joy Creek Forest Reserve	4412	233	RR	Joy Creek Regional Reserve
Julius River Forest Reserve	2281	84	RR	Julius River Regional Reserve
Kenmere Creek Forest Reserve	2945	232	CA	Kenmere Creek Conservation Area
Kohls Falls Forest Reserve	4413	145	RR	Kohls Falls Regional Reserve
Lady Binney Forest Reserve	4367	379	RR	Lady Binney Regional Reserve
Lady Nelson Forest Reserve	4414	156	RR	Lady Nelson Regional Reserve
Lake Binney Forest Reserve	4368	461	CA	Lake Binney Conservation Area
Lake Chisholm Forest Reserve	2629	175	RR	Lake Chisholm Regional Reserve
Lake Pieman Forest Reserve	5094	1,008	RR	Lake Pieman Regional Reserve
Lanes Tier Forest Reserve	2948	221	CA	Lanes Tier Conservation Area
Laurel Creek Forest Reserve	4385	1,115	RR	Laurel Creek Regional Reserve
Lefroy Forest Reserve	4415	3,584	RR	Lefroy Regional Reserve
Liffey Forest Reserve	2133	1,056	CA	Liffey Conservation Area	No
Lizard Hill Forest Reserve	2934	94	RR	Lizard Hill Regional Reserve
Lobster Rivulet Forest Reserve	2897	130	RR	Lobster Rivulet Regional Reserve
Long Hill Forest Reserve	4395	558	CA	Long Hill Conservation Area
Long Ridge Forest Reserve	2899	169	RR	Long Ridge Regional Reserve
Lost Falls Forest Reserve	2286	486	CA	Lost Falls Conservation Area	No
Lovells Creek Forest Reserve	2876	553	RR	Lovells Creek Regional Reserve
Lower Marsh Creek Forest Reserve	6688	1,091	RR	Lower Marsh Creek Regional Reserve
Luncheon Hill Forest Reserve	4400	1,031	RR	Luncheon Hill Regional Reserve
Lutregala Creek Forest Reserve	2957	109	RR	Lutregala Creek Regional Reserve
Mackintosh Forest Reserve	4388	1,029	RR	Mackintosh Regional Reserve
MacLaines Creek Forest Reserve	5123	429	CA	MacLaines Creek Conservation Area	No
Maggs Mountain Forest Reserve	3579	1,112	RR	Maggs Mountain Regional Reserve
Martins Hill Forest Reserve	3707	1,186	RR	Martins Hill Regional Reserve
Mathinna Falls Forest Reserve	2292, 2902	447	RR	Mathinna Falls Regional Reserve	No
Meander Forest Reserve	2132	1,664	CA	Meander Conservation Area	No
Meetus Falls Forest Reserve	2290	191	CA	Meetus Falls Conservation Area	No
Mersey River Forest Reserve	4396	633	CA	Mersey River Conservation Area
Mersey White Water Forest Reserve	2284	241	RR	Mersey White Water Regional Reserve
Midday Hill Forest Reserve	4416	310	CA	Midday Hill Conservation Area
Milkshake Hills Forest Reserve	2271	279	RR	Milkshake Hills Regional Reserve
Millers Bluff Forest Reserve	2941	670	CA	Millers Bluff Conservation Area
Montagu River Forest Reserve	4401	1,014	RR	Montagu River Regional Reserve
Montagu Swamp Forest Reserve	4402	1,582	RR	Montagu Swamp Regional Reserve
Mount Arthur Forest Reserve	4418	881	RR	Mount Arthur Regional Reserve
Mount Bruny Forest Reserve	4364	1,353	CA	Mount Bruny Conservation Area
Mount Careless Forest Reserve	4397	689	RR	Mount Careless Regional Reserve
Mount Dromedary Forest Reserve	4370	859	CA	Mount Dromedary Conservation Area
Mount Horror Forest Reserve	6690	1,116	RR	Mount Horror Regional Reserve
Mount Kershaw Forest Reserve	4387	259	RR	Mount Kershaw Regional Reserve
Mount Mangana Forest Reserve	2927	855	CA	Mount Mangana Conservation Area
Mount Maurice Forest Reserve	4423, 6881	6,744	RR	Mount Maurice Regional Reserve
Mount Midway Forest Reserve	2930	463	CA	Mount Midway Conservation Area
Mount Morrison Forest Reserve	4371	747	CA	Mount Morrison Conservation Area
Mount Ponsonby Forest Reserve	2921	462	CA	Mount Ponsonby Conservation Area
Mount Puzzler Forest Reserve	4057	404	RR	Mount Puzzler Regional Reserve
Mount Stronach Forest Reserve	4417	1,026	RR	Mount Stronach Regional Reserve
Mount Thunderbolt Forest Reserve	2922	317	CA	Mount Thunderbolt Conservation Area
Mount Victoria Forest Reserve	4424	8,269	RR	Mount Victoria Regional Reserve
Mount Wedge Forest Reserve	4056	11	CA	Mount Wedge Conservation Area
Nicholas Range Forest Reserve	4444	809	RR	Nicholas Range Regional Reserve
North Esk Forest Reserve	4420	621	RR	North Esk Regional Reserve
North Scottsdale Forest Reserve	6689	4,087	RR	North Scottsdale Regional Reserve
North Styx Forest Reserve	6883	4,224	CA	North Styx Conservation Area
Nunamara Forest Reserve	4422	287	RR	Nunamara Regional Reserve
Old Park Forest Reserve	4389	1,587	RR	Old Park Regional Reserve
Ouse River Forest Reserve	2926	363	CA	Ouse River Conservation Area
Oxberry Plains Forest Reserve	4426	324	RR	Oxberry Plains Regional Reserve
Paradise Plains Forest Reserve	4425	439	RR	Paradise Plains Regional Reserve
Parangana Sugarloaf Forest Reserve	2911	279	RR	Parangana Sugarloaf Regional Reserve
Peaked Hill Forest Reserve	2912	234	RR	Peaked Hill Regional Reserve
Pepper Hill Forest Reserve	4445	432	RR	Pepper Hill Regional Reserve
Pipers River Forest Reserve	2903	195	RR	Pipers River Regional Reserve
Plains Creek Forest Reserve	4403	861	CA	Plains Creek Conservation Area
Porcupine Hill Forest Reserve	2953	207	RR	Porcupine Hill Regional Reserve
Promised Land Forest Reserve	2892	124	RR	Promised Land Regional Reserve
Prossers Forest Reserve	2884	1,122	RR	Prossers Regional Reserve
Pruana Forest Reserve	2935	3,032	RR	Pruana Regional Reserve
Quamby Bluff Forest Reserve	2611	945	CA	Quamby Bluff Conservation Area
Rayners Hill Forest Reserve	4427	331	RR	Rayners Hill Regional Reserve
Rebecca Creek Forest Reserve	2949	345	CA	Rebecca Creek Conservation Area
Reedy Marsh Forest Reserve	4398	3,870	CA	Reedy Marsh Conservation Area
Remarkable Rock Forest Reserve	2947	391	CA	Remarkable Rock Conservation Area
Rimons Hill Forest Reserve	4365	391	CA	Rimons Hill Conservation Area
Ringarooma River Forest Reserve	4428	291	RR	Ringarooma River Regional Reserve
River Hill Forest Reserve	4429	343	CA	River Hill Conservation Area
Roaring Magg Hill Forest Reserve	2914	115	RR	Roaring Magg Hill Regional Reserve
Royal George Forest Reserve	4446	768	RR	Royal George Regional Reserve
Sand River Forest Reserve	5097	79	CA	Sand River Conservation Area	No
Sandspit River Forest Reserve	2310	232	CA	Sandspit River Conservation Area	No
Savage River Pipeline Forest Reserve	6886	31,025	RR	Savage River Pipeline Regional Reserve
Sawmill Creek Forest Reserve	4390	873	RR	Sawmill Creek Regional Reserve
Sawpit Ridge Forest Reserve	2943	1,694	RR	Sawpit Ridge Regional Reserve
Scamander Forest Reserve	3934	209	RR	Scamander Regional Reserve
Shakespeare Hills Forest Reserve	4404	2,157	RR	Shakespeare Hills Regional Reserve
Shingle Hill Forest Reserve	5098	70	CA	Shingle Hill Conservation Area	No
Snaky Creek Forest Reserve	6882	1,272	CA	Snaky Creek Conservation Area
Snow Hill Forest Reserve	2944	1,324	RR	Snow Hill Regional Reserve
Snowy River Forest Reserve	2904	90	RR	Snowy River Regional Reserve
South Esk Forest Reserve	4430, 6887	1,334	RR	South Esk Regional Reserve
South Weld Forest Reserve	2287	47	RR	South Weld Regional Reserve
Spinning Gum Forest Reserve	2923	3	CA	Spinning Gum Conservation Area
Staverton Forest Reserve	2891	109	RR	Staverton Regional Reserve
Stringybark Forest Reserve	4056	33	CA	Stringybark Conservation Area
Styx Tall Trees Forest Reserve	6888	337	CA	Styx Tall Trees Conservation Area
Sumac Forest Reserve	2890	9,860	RR	Sumac Regional Reserve
Swan River Forest Reserve	4662	3,155	RR	Swan River Regional Reserve
Tanina Bluff Forest Reserve	4372	246	CA	Tanina Bluff Conservation Area
Tarraleah Forest Reserve	4373	620	CA	Tarraleah Conservation Area
Teds Flat Forest Reserve	4447	249	RR	Teds Flat Regional Reserve
Teepookana Forest Reserve	2309	615	RR	Teepookana Regional Reserve
Tippogoree Hills Forest Reserve	3104	903	CA	Tippogoree Hills Conservation Area
Tombstone Creek Forest Reserve	4431	486	RR	Tombstone Creek Regional Reserve
Tooms Lake Forest Reserve	4448, 6889	3,601	CA	Tooms Lake Conservation Area
Trowutta Forest Reserve	4405, 6890	2,859	RR	Trowutta Regional Reserve
Tungatinah Forest Reserve	4374	176	CA	Tungatinah Conservation Area
Virginstow Forest Reserve	2915	453	CA	Virginstow Conservation Area
Waratah Creek Forest Reserve	6873	520	RR	Waratah Creek Regional Reserve
Warra Creek Forest Reserve	2878	572	RR	Warra Creek Regional Reserve
Warrawee Forest Reserve	2939, 9639	227	CA	Warrawee Conservation Area	No
Wayatinah Forest Reserve	4375	495	CA	Wayatinah Conservation Area
Weavers Creek Forest Reserve	2885	776	RR	Weavers Creek Regional Reserve
Welcome Swamp Forest Reserve	4406	163	RR	Welcome Swamp Regional Reserve
Wentworth Creek Forest Reserve	3635	250	CA	Wentworth Creek Conservation Area
Wielangta Forest Reserve	6891	846	CA	Wielangta Conservation Area	No
Wild Bee Forest Reserve	4366	529	CA	Wild Bee Conservation Area
Winterbrook Falls Forest Reserve	2955	555	RR	Winterbrook Falls Regional Reserve
Yellow Bluff Creek Forest Reserve	2918	479	CA	Yellow Bluff Creek Conservation Area

SCHEDULE 4 - Legislation repealed

Section 40