Queensland: Forestry Act 1959 (Qld)

Forestry Act 1959 An Act to provide for forest reservations, the management, silvicultural treatment and protection of State forests, and the sale and disposal of forest products and quarry material, the property of the Crown on State forests, timber reserves and on other lands; and for other purposes Part 1 Preliminary 1 Short title This Act may be cited as the Forestry Act 1959. 2 [Repealed] 3 [Repealed] 4 [Repealed] 5 Definitions The dictionary in schedule 3 defines particular words used in this Act. Part 2 Administration and functions Division 1 Forest officers and plantation officers Subdivision 1 Appointment 6 [Repealed] 7 [Repealed] 8 [Repealed] 9 [Repealed] 10 [Repealed] 11 [Repealed] 12 [Repealed] 13 [Repealed] 14 [Expired] 15 [Expired] 16 [Repealed] 17 Appointment and qualifications (1) The chief executive may appoint a person as a forest officer if satisfied the person has the necessary expertise or experience to be a forest officer. (2) The chief executive may appoint an employee of a plantation operator as a plantation officer, for a specified licence area, if satisfied the employee has the necessary expertise or experience to be a plantation officer. (3) An appointment under this section must be made by instrument in writing. 17A Appointment conditions A forest officer or plantation officer holds office on any conditions stated in— (a) the officer's instrument of appointment; or (b) a signed notice given to the officer; or (c) a regulation. 17B When officer stops holding office (1) A forest officer or plantation officer stops holding office if— (a) the term of office that is stated in a condition of office ends; or (b) the office ends under another condition of office; or (c) the officer resigns by giving the chief executive a notice signed by the officer. (2) Also, a plantation officer stops holding office if— (a) the person stops being an employee of a plantation operator; or (b) the delegation of power under section 96B to the plantation operator is revoked. (3) This section does not limit the ways in which a forest officer or plantation officer stops holding office. (4) In this section— condition of office means a condition on which the officer holds office. Subdivision 2 Identity cards 17C Issue of identity card (1) The chief executive must issue an identity card to each forest officer and plantation officer. (2) The identity card must— (a) contain a recent photo of the person; and (b) contain a copy of the person's signature; and (c) identify the person as a forest officer or plantation officer under this Act; and (d) state an expiry date for the card. (3) This section does not prevent the issue of a single identity card to a person for this Act and other purposes. (4) Without limiting subsection (3), if the person holds an office under another Act administered by the department, the identity card may identify the other office. (5) Despite subsection (1), the chief executive is not required to issue an identity card to— (a) a forest officer who is a police officer; or (b) a person who holds an identity card, issued under another Act by a Minister or chief executive of a department, that identifies the person as a forest officer. 17D Production or display of identity card (1) When exercising a power in relation to a person in the person's presence, a forest officer or plantation officer must— (a) produce the officer's identity card for the person's inspection before exercising the power; or (b) have the identity card displayed so it is clearly visible to the person. (2) However, if it is not practicable to comply with subsection (1), the officer must produce the identity card for the person's inspection at the first reasonable opportunity. (3) This section does not apply to a forest officer who is a police officer. (4) Subsection (3) does not limit or otherwise affect the Police Powers and Responsibilities Act 2000, section 637. (5) In this section— identity card means— (a) an identity card issued under section 17C; or (b) an identity card, issued under another Act by a Minister or chief executive of a department, that identifies the person as a forest officer under this Act. 17E Return of identity card If a person stops being a forest officer or plantation officer, the person must return an identity card issued to the person under section 17C to the chief executive within 21 days after the office ends, unless the person has a reasonable excuse. Maximum penalty—50 penalty units. Subdivision 3 General powers 18 General powers of forest officers (1) Any forest officer, in addition to such other powers and duties as from time to time devolve upon the forest officer under this Act, may— (b) be accompanied and aided by any person the forest officer may think competent to assist the forest officer in making any inspection or examination; and (c) make such examination and inquiry as may be necessary to ascertain whether the provisions of this Act have been or are being complied with by any person or in respect of any State forest, timber reserve, forest entitlement area, or any forest products or quarry material, the property of the Crown; and (d) question, with respect to matters under this Act, the owner or occupier of any place, every person whom the forest officer finds in any place, and every person who has been within the preceding 6 months employed in or on any place to ascertain whether this Act has been or is being complied with, and require any such person to answer the questions put and to sign a declaration of the truth of the person's answers; and (e) require the production of any licence, permit, or other authority granted or agreement or contract made under and for the purposes of this Act and of any book, notice, record, list, or writing which by this Act is required to be had or kept or which, in the forest officer's reasonable opinion, may be material to an inquiry under paragraph (c), and inspect, examine, and take copies of or extracts from the same; and (f) at any time, search and examine all containers, vehicles, vessels, or other receptacles for holding or transporting any forest products or quarry material or reasonably suspected so to be, and for that purpose the forest officer may require the owner or person in charge thereof to open any such container, vehicle, vessel, or other receptacle, as the case may be, and expose its contents to view; and (g) subject to subsections (1A) and (3), enter and inspect a place in which the forest officer reasonably suspects are forest products or quarry material got or interfered with or that the forest officer reasonably suspects have been got or interfered with in contravention of this Act; and (ga) if the forest officer finds forest products or quarry material mentioned in paragraph (g) in a place entered under that paragraph— (i) seize, take away and detain the forest products or quarry material together with anything (an incidental thing) including any document, equipment, gear, machinery, plant, vehicle or vessel, the officer reasonably suspects has been used or is intended to be used, in or in connection with, or is evidence of, the getting or interfering with the forest products or quarry material; and (ii) subject to sections 82D to 82F, secure anything seized until the end of proceedings for a contravention of this Act; and (h) exercise such other powers, functions and authorities as may be prescribed. (1A) The power to enter a place under subsection (1)(g) may be exercised— (a) for a place that is occupied land—only between sunrise and sunset or at any time with the consent of the owner or an agent or employee of the owner; or (b) otherwise—at any time. (1AA) The officer's powers may be limited by— (a) the officer's instrument of appointment; or (b) a signed notice given to the officer; or (c) a regulation. (2) Forest officer may require name and address Any forest officer who— (a) finds any person committing or who reasonably suspects any person of having committed an offence against this Act; or (b) is making inquiries or investigations with a view to establishing whether or not an offence against this Act has been committed by any person; or (c) is of the opinion that the name and address of any person is required for the purpose of giving effect to any provision of this Act, or for the purpose of enabling the forest officer to carry out his or her powers and duties under this Act; may require such person to state the person's name and address, or name or address, and, if the forest officer has reasonable ground to suppose that the name and address, or name or address, given is false, may require evidence of the correctness thereof. (3) Entry into dwelling Before a forest officer enters any part of a place, which part is being used as a dwelling at the time the entry is to be made, the forest officer shall, save where the forest officer has permission of the occupier of that part to the entry, obtain from a justice a warrant to enter. (3A) Subsection (3) does not apply in respect of the curtilage of any premises. (4) A justice who is satisfied upon the complaint of a forest officer that there is reasonable cause to suspect— (a) that there are in any place forest products or quarry material; and (b) that such forest products or quarry material have been got or interfered with contrary in any respect to this Act; may issue a warrant for the place for the purpose of a stated forest officer or any forest officer exercising a forest officer's powers. (5) The warrant must state— (a) the place to which the warrant applies; and (b) that a stated forest officer or any forest officer, with necessary and reasonable help and force, may— (i) enter the place and any other place necessary for entry to the place; and (ii) exercise a forest officer's powers; and (c) particulars of the matters mentioned in subsection (4) that the justice considers appropriate; and (d) the name of the person suspected of having contravened the Act unless the name is unknown or the justice considers it inappropriate to state the name; and (e) the hours of the day or night when the place may be entered; and (f) the justice's name; and (g) the day and time of the warrant's issue; and (h) the day, within 1 month after the warrant's issue, when the warrant ends. (6) In this section— occupied land means land on which the owner is lawfully residing. owner, of land, includes— (a) the lessee or licensee from the State of the land; or (b) the person who has lawful control of the land, on trust or otherwise; or (c) the person who is entitled to receive the rents and profits of the land. 18A General powers of plantation officers (1) A plantation officer may exercise power under this Act, including under a delegation, only for the licence area for which the plantation officer is appointed. (2) A plantation officer may— (a) take away and dispose of a notice in the licence area that has not been authorised by the chief executive for the licence area; and (b) require the production of any licence, permit, or other authorisation under which a person claims to be entitled to conduct an activity in the licence area that the person is conducting and inspect, examine, and take copies of the authorisation; and (c) require the name and address of a person the plantation officer finds committing, or whom the plantation officer reasonably suspects of having committed, an offence against this Act in the licence area. (2A) The officer's powers may be limited by— (a) the officer's instrument of appointment; or (b) a signed notice given to the officer; or (c) a regulation. (3) A person who fails to comply with a requirement lawfully given or made by a plantation officer under subsection (2) without a reasonable excuse commits an offence. Maximum penalty—100 penalty units. (4) A person who is required under subsection (2)(c) to state the person's name or address must not, without a reasonable excuse, state a false name or address. Maximum penalty—100 penalty units. (5) A person does not commit an offence against subsection (4) if the person is not proved to have committed the offence he or she was allegedly found committing or suspected of having committed. (6) Subsections (1) and (2) do not limit the powers of a forest officer under this Act. (7) In this section— commit, an offence, includes attempt to commit an offence. licence area includes part of the licence area. State forest includes part of the State forest. 18B [Repealed] Division 2 Miscellaneous provisions 18C Plantation operator and plantation officer are persons performing duties under this Act only for particular provisions In this Act, a reference to a person performing duties under this Act includes a reference to a plantation operator or plantation officer when performing duties under this Act only in the following provisions— (a) section 39(2)(a); (b) section 69A(1)(c) as it applies to section 69D; (c) section 84(4); (d) section 86(1)(a) or (h); (e) section 95(a) or (b); (f) section 96. 19 Retention of document produced to forest officer (1) This section applies if a forest officer makes a requirement under section 18(1)(e) (the requirement) for the production of a document. (2) The document must be produced at the place and time stated in the requirement. (3) The place stated in the requirement— (a) may be other than the place where the document is ordinarily kept; but (b) must be reasonable in the circumstances of the making of the requirement. (4) The time stated in the requirement must be reasonable in the circumstances of the making of the requirement. (5) To avoid any doubt, it is declared that— (a) the document must be produced in its original form; and (b) the forest officer may keep possession of the document for the time the forest officer reasonably requires to exercise the forest officer's powers under section 18(1)(e). (6) The forest officer may continue to keep possession of the document after the forest officer has finished exercising the forest officer's powers under section 18(1)(e) if the forest officer is satisfied on reasonable grounds that continued retention of the document is necessary— (a) for the purpose of an inquiry under section 18(1)(c); or (b) to preserve the document as evidence for a prosecution for a contravention of this Act. (7) Subsection (6)(a) does not authorise retention of the document after the end of— (a) the time reasonably necessary to complete the inquiry; or (b) the first 6 months after the production of the documents. (8) Subsection (6)(b) does not authorise retention of the document after the end of— (a) if a prosecution for the contravention mentioned in subsection (6)(b) is started within the first 6 months after the production of the document—the prosecution for the contravention and any appeal from the prosecution; or (b) if paragraph (a) does not apply—the 6 months mentioned in paragraph (a). (9) Until the document is returned, the forest officer must allow a person who would be entitled to possession of it, if it had not been retained by the forest officer, to inspect it and make copies of it. 20 Retention of document produced to plantation officer (1) This section applies if a plantation officer makes a requirement under section 18A(2)(b) (the requirement) for the production of a document. (2) The document must be produced at the place and time stated in the requirement. (3) The place stated in the requirement— (a) may be other than the place where the document is ordinarily kept; but (b) must be reasonable in the circumstances of the making of the requirement. (4) The time stated in the requirement must be reasonable in the circumstances of the making of the requirement. (5) To avoid any doubt, it is declared that— (a) the document must be produced in its original form; and (b) the plantation officer may keep possession of the document for the time the plantation officer reasonably requires to exercise the plantation officer's powers under section 18A(2)(b). (6) Until the document is returned, the plantation officer must allow a person who would be entitled to possession of it, if it had not been retained by the plantation officer, to inspect it and make copies of it. 21 Officers not to trade in timber etc. (1) No officer in the officer's personal capacity shall become in any way concerned or interested in any lease, permit, or licence, or other similar right or authority granted under this Act or under any enactment repealed by this Act or in any contract or agreement made under or for any of the purposes of this Act or in anywise participate or claim to be entitled to participate in the profit thereof or in any benefit or emolument arising therefrom. (2) However, an officer may, with the consent in writing of the chief executive first had and obtained, purchase, on such terms as the chief executive deems fit, forest products and quarry material the property of the Crown for the officer's own personal use and enjoyment. (3) In this section— officer includes plantation officer. 22 [Repealed] Part 2A [Repealed] Division 1 [Repealed] 22A [Repealed] 22B [Repealed] 22C [Repealed] 22D [Repealed] Division 2 [Repealed] 22E [Repealed] 22F [Repealed] 22G [Repealed] 22H [Repealed] Division 3 [Repealed] 22I [Repealed] 22J [Repealed] 22K [Repealed] 22L [Repealed] 22M [Repealed] 22N [Repealed] 22O [Repealed] 22P [Repealed] 22Q [Repealed] 22QA [Repealed] 22QB [Repealed] 22QC [Repealed] 22QD [Repealed] 22QI [Repealed] 22R [Repealed] 22S [Repealed] 22T [Repealed] 22U [Repealed] 22V [Repealed] Part 3 Classification and reservation of State forests and timber reserves Division 1 Classification of forest lands 23 Classification of lands The chief executive shall from time to time cause to be made inspections and surveys of any lands within the State for the purpose of ascertaining whether or not such lands are suitable to be set apart under and for the purposes of this Act. 24 [Repealed] Division 2 State forests 25 Power to set apart and declare State forests The Governor in Council may, by regulation, set apart and declare as a State forest— (a) any Crown land; or (b) any land that is, or is part of, a timber reserve; or (c) any land that is, or is part of, a forest reserve under the Nature Conservation Act 1992. Note— See the Nature Conservation Act 1992, section 70G. 25A Particular forest reserve land set apart and declared as State forest (1) This section applies if forest reserve land is set apart and declared as a State forest. (2) The land ceases to be land in a forest reserve under the Nature Conservation Act 1992. (3) On the setting apart and declaring of the land as State forest— (a) this Act applies to the land and its management; and (b) the Nature Conservation Act 1992, section 70G does not apply to the land. (4) This section applies despite the Nature Conservation Act 1992, section 70G(4). (5) To remove any doubt, it is declared that the setting apart and declaration of the land as a State forest does not extinguish or affect native title or native title rights and interests in relation to the land. (6) In this section— forest reserve land means land that— (a) is, or is part of, a forest reserve under the Nature Conservation Act 1992; and (b) is land to which the Nature Conservation Act 1992, section 70G applies. 26 Restriction on alienation etc. (1) The setting apart and declaration of a State forest by or under this Act shall not be revoked in whole or in part except under the authority of and in accordance with the provisions of subsection (2) or section 32. (1A) No land comprised in a State forest shall be excluded therefrom, leased, or dealt with otherwise howsoever except under the authority of and in accordance with the provisions of this Act. Notes— 1 See the Petroleum and Gas (Production and Safety) Act 2004, section 437A(1) for the creation of an easement for a pipeline licence holder under that Act over land that is a State forest. 2 See also the Forest Wind Farm Development Act 2020 for the giving of an access licence under that Act, or a lease under the Land Act 1994, for land that is a State forest. (2) Revocation of declaration The setting apart and declaration by or under this Act of land as a State forest may be revoked in whole or in part in the following manner— (a) the Governor in Council shall cause to be laid on the table of the Legislative Assembly a proposal for such revocation; (b) after such proposal has been laid before the Legislative Assembly, the Governor in Council, on a resolution whereof not less than 14 days notice shall have been given being passed by the Legislative Assembly that such proposal be carried out, shall, by regulation, revoke such setting apart and declaration in accordance with that resolution. (3) Subsection (2) does not apply to a regulation that merely— (a) sets apart and declares a State forest and an area of Crown land, or a timber reserve, as a State forest; or (b) sets apart and declares contiguous State forests as a single State forest; or (c) divides a State forest into 2 or more State forests. 27 Amalgamation etc. of State forests The Governor in Council may, by regulation— (a) set apart and declare a State forest and an area of Crown land, or a timber reserve, as a State forest; or (b) set apart and declare contiguous State forests as a single State forest; or (c) divide a State forest into State forests. 28 Power to set apart and declare timber reserves (1) The Governor in Council may, by regulation made before 30 June 2014— (a) set apart any Crown land as a timber reserve; or (b) set apart a timber reserve and an area of Crown land as a timber reserve; or (c) set apart contiguous timber reserves as a single timber reserve. (3) The setting apart by or under this Act of any land as a timber reserve shall not be rescinded or amended, in whole or in part, except under the authority and in accordance with the provisions of subsection (4) or section 32. (3A) However, the setting apart of a timber reserve or part thereof under this Act as a State forest, shall without further or other authority revoke accordingly the whole or that part of the setting apart under this Act of the land as a timber reserve. (4) Revocation of timber reserves Where the Governor in Council is satisfied that, having due regard to the objects and purposes of this Act, it is expedient to revoke in whole or in part the setting apart of any land as a timber reserve, then the Governor in Council may, by regulation, revoke wholly or in part such setting apart as a timber reserve. 29 [Repealed] 29 [Repealed] 30 [Repealed] 31 [Repealed] 31A [Repealed] 32 Land for tourist purposes or use as road (1) A regulation may revoke, in whole or in part, the setting apart and declaration of land as a State forest or timber reserve. (2) In recommending the Governor in Council make the regulation, the Minister must— (a) be satisfied, having regard to the purposes of this Act and the public interest, it is desirable to make land in the State forest or timber reserve available for— (i) providing accommodation or recreational facilities for encouraging or promoting the tourist industry; or (ii) opening as a road, or applying the land for use as a road, for public use; and (b) have regard to access and other matters relating to the proper management of the remaining land in the State forest or timber reserve. (3) Land excluded from a State forest or timber reserve under subsection (1)— (a) is unallocated State land; and (b) must be dealt with in a way consistent with the purpose for which the land was excluded. 32AA Chief executive to lodge document for setting apart and declaration or change (1) This section applies if a regulation is made under this part for— (a) the setting apart and declaration of a State forest or timber reserve; or (b) the revocation, amalgamation or other change to a State forest or timber reserve. (2) The chief executive must lodge for registration with the registrar of titles a document evidencing the setting apart and declaration, revocation, amalgamation or other change. (3) The document must— (a) be lodged as soon as practicable after the regulation is made; and (b) comply with any requirements of the registrar of titles. (4) If a revocation, amalgamation or other change to a State forest or timber reserve affects a part of a lot within the meaning of the Land Act 1994, the document lodged must be accompanied by a plan of subdivision for the change. 32AB [Repealed] Part 3A State plantation forest 32A Declaration of land as State plantation forest (1) A regulation may declare a stated area of land that is a State forest to be a State plantation forest. (2) If land that is State plantation forest stops being a State forest or part of a State forest, the declaration of the land as a State plantation forest is taken to have been revoked. (3) To remove any doubt, it is declared that the declaration of land as a State plantation forest does not affect the status of the land as State forest. 32B Particular areas of conservation value to be removed from State plantation forest Each area of land in the State plantation forest specified for a locality mentioned in column 1 of the following table in a plan mentioned in column 2 of the table stops being State plantation forest on the day specified for the area in column 3 of the table. Column 1 Column 2 Column 3 Locality Plan Day area stops being State plantation forest Palen Creek Lots A,B & C on PLP0200 1 July 2030 Palen Creek Lot A & B on PLP0359 1 July 2030 Mount Mee Lot J on PLP0893 1 July 2040 Wongabel Lot D on PLP0191 1 July 2050 Editor's note— Copies of plans mentioned in this table may be obtained for a fee at the head office of the department in Brisbane when it is open for business. 32C Quarrying in State plantation forest (1) The chief executive may not get or authorise a person to get a total of 5,000t or more of quarry material, in a year, from an area within a State plantation forest. (2) This section does not apply in relation to a person who is— (a) a plantation licensee; or (b) a plantation sublicensee; or (c) the proponent for a development agreement under the Forest Wind Farm Development Act 2020 if the quarry material is taken from project area A. Part 4 Management of State forests, timber reserves and forest entitlement areas Division 1 Management generally 33 Cardinal principle of management of State forests (1) The cardinal principle to be observed in the management of State forests shall be the permanent reservation of such areas for the purpose of producing timber and associated products in perpetuity and of protecting a watershed therein. (2) The chief executive must ensure each State forest is used and managed in the way the chief executive considers appropriate to achieve the purposes of this Act, having regard to— (a) the benefits of permitting grazing in the area; and (b) the desirability of conservation of soil and the environment and of protection of water quality; and (c) the possibility of applying the area to recreational purposes. 33A [Repealed] 33AA [Repealed] 34 Use of State forests (1) The chief executive in addition to all other powers conferred by this Act may from time to time for the purposes of the use and management of State forests— (a) determine and cause to be put into operation the silvicultural system most suitable to the circumstances of any State forest; and (b) make surveys including aerial and assessment surveys; and (c) subject to the provisions of subsection (2), determine, in relation to the period specified in the determination, the maximum quantities of forest products of any kind or description which may be removed from any State forest or State forests during such period without impairing the permanent productive capacity of the State forest or State forests in question, and any such determination may from time to time be altered, varied or rescinded; and (d) make roads and tracks thereon; and (e) undertake and carry out nursery operations thereon; and (f) undertake, carry out and maintain thereon protection works of every kind and description whatsoever; and (g) purchase, hire or rent plant, equipment, means or rights of access, or any other thing which the chief executive deems necessary; and (h) construct, build, erect, operate, or place thereon buildings, structures and other improvements (including but without limiting the generality hereof bridges, fences, fire lookouts, fire sheds, garages, houses, jetties, nurseries, offices, ranches, radio stations, storerooms, water supplies, wharves, workshops, workers' accommodation and telephone lines) and may furnish, equip, repair, improve and maintain the same; and (i) let or lease any buildings, structures or other improvements thereon on such terms and conditions as the chief executive deems fit; and (j) promote and encourage the use of a State forest or any part or parts thereof for recreational purposes. (2) Any determination thereof by the chief executive of the maximum quantities of forest products of any kind or description which may be removed from any State forest or State forests during any specified period or any alteration, variation or rescission of any such determination shall be subject to the approval of the Minister. (2A) Upon the approval of any such determination, or any alteration or variation thereof, forest products of any kind or description specified in the determination shall not during the period specified therein be removed from the State forest or State forests in question in excess of the maximum quantities thereof specified in the determination or, in the case of any alteration or variation thereof as aforesaid, in the determination as so altered or varied. (2B) Subsections (1)(a) and (c), (2) and (2A) do not apply to natural resource product in a licence area. (3) Notwithstanding any lease, licence, permit or other right or authority (other than a plantation licence) granted under this or any other Act, the chief executive may within any State forest from time to time construct, carry out, improve, maintain, operate, protect, control, and otherwise manage any silvicultural or other works of any description whatsoever which the chief executive considers necessary or desirable for the proper utilisation and management of the State forest or to carry out the objects and purposes of this Act (whether in relation to the State forest or not). 34AA Regulation of use of State forests etc. by notices (1) This section applies to the whole or a part of a State forest, timber reserve or forest entitlement area (a relevant area). (1A) The chief executive may, in relation to the relevant area, display notices for the purpose of regulating or prohibiting— (a) the use of the relevant area by people; or (b) vehicles or a specified class of vehicles using the relevant area; or (c) animals or a specified class of animals being brought into the relevant area; or (d) lighting, keeping or using a fire, or a particular type of fire, in— (i) a State forest or timber reserve; or (ii) a particular part of a State forest or timber reserve; or (e) using stoves, barbecues, lamps, lanterns or other appliances in— (i) a State forest or timber reserve; or (ii) a particular part of a State forest or timber reserve; or (f) entering a dam, lake or watercourse in a State forest or timber reserve; or (g) going onto a bed or bank of a dam, lake or watercourse in a State forest or timber reserve. (2) Without limiting the generality of subsection (1A), the chief executive may authorise the display of regulatory notices in the form of official traffic signs. (3) A regulatory notice— (a) may be displayed within, or near the entrances to, the relevant area to which the notice relates; and (b) must specify or indicate a particular requirement or particular requirements to be complied with by persons entering, or in, the relevant area; and (c) may expressly state that a contravention of a requirement contained on the notice constitutes an offence against this Act. (4) A regulatory notice referred to in subsection (2) is, for the purposes of subsection (3)(b), taken to contain the direction or indication given by the corresponding official traffic sign. (5) A person must not knowingly or recklessly contravene or fail to comply with a requirement contained on a regulatory notice. (6) Evidence that a regulatory notice was displayed at a place referred to in subsection (3)(a) is evidence that the notice was so displayed with the authority of the chief executive. 34AB Displaying information notices with regulatory notices (1) This section applies if the chief executive displays a regulatory notice, other than an official traffic sign, in a State forest, timber reserve or forest entitlement area (a relevant area). (2) A regulatory notice is— (a) a notice under section 34AA that does not include a statement mentioned in section 34AA(3)(c); or (b) a notice under section 34G(1). (3) The chief executive must display another notice (a forest information notice) stating that the contravention of a requirement in a regulatory notice is an offence. (4) The forest information notice must be displayed near each entrance to the relevant area. (5) The chief executive may display a forest information notice at any other place that the chief executive considers appropriate. (6) The chief executive must take reasonable steps to ensure a forest information notice— (a) continues to be displayed while the regulatory notice is displayed; and (b) is properly maintained. (7) The chief executive may include in a forest information notice any information about the relevant area that the chief executive considers appropriate. 34A Specialised management within State forests The Governor in Council may, by regulation— (a) declare the whole or a part of a State forest, other than a State plantation forest, to be a feature protection area, scientific area or State forest park; or (b) declare a part of a State forest, other than a State plantation forest, to be a forest drive. 34B Application of Transport Operations (Road Use Management) Act 1995 and Heavy Vehicle National Law (Queensland) For the Transport Operations (Road Use Management) Act 1995 and the Heavy Vehicle National Law (Queensland), a feature protection area, scientific area, State forest park or forest drive is taken not to be a public place. 34C Feature protection area The chief executive— (a) must ensure a feature protection area is used and managed so that the features thereof which gave rise to its declaration as such under this Act continue to exist; and (b) may provide roads and paths for the purpose of enabling persons generally to travel to, within and from a feature protection area; and (c) may provide picnic and other facilities for the use of persons generally within a feature protection area. 34D State forest park The chief executive— (a) must ensure a State forest park is used and managed with a view to maintaining its forest setting; and (b) shall provide roads and paths for the purpose of enabling persons generally to travel to, within and from a State forest park; and (c) shall provide such recreational facilities as to the chief executive seem appropriate in a State forest park; and (d) may cause to be erected and maintained at each entrance to and also within a State forest park such number of signs as to the chief executive seem desirable showing details of the recreational activities for which facilities are available within the park. 34E Scientific area (1) The chief executive— (a) must ensure a scientific area is used and managed to preserve it as a sample of the natural environment of the State forest concerned; and (b) may permit persons, who in the chief executive's opinion are suitably qualified, to study the nature and environment of a scientific area; and (c) may carry out or allow to be carried out in any scientific area any works which the chief executive considers necessary or desirable. (2) Permission given pursuant to subsection (1)(b) shall be in writing and may be given subject to such provisions, reservations and conditions as the chief executive considers appropriate. (3) A person who contravenes or fails to comply with a provision, reservation or condition of a permit given to the person pursuant to subsection (1)(b) commits an offence. 34F Forest drive The chief executive— (a) shall provide upon a forest drive a road for the purpose of enabling persons generally to travel along the route of the forest drive; and (b) may provide on a forest drive such facilities as to the chief executive seem desirable for the use and enjoyment of persons generally; and (c) may cause to be erected and maintained within a State forest such number of signs as to the chief executive seem desirable with a view to informing persons generally of the existence and route of a forest drive. 34G Regulating movement of vehicles on feature protection areas etc. (1) The chief executive may, by erecting a notice or notices on or adjacent to any feature protection area, State forest park or forest drive, regulate and prohibit the movement of vehicles thereon. Note— Also see section 34AA for the regulation of vehicles in State forests etc. (1A) A notice erected under subsection (1) may be in the form of an official traffic sign and, in such a case, is taken to contain a provision that is the same as the direction or indication given by the corresponding official traffic sign. (2) A person who fails to comply with or contravenes a provision of a notice mentioned in subsection (1) commits an offence. (2A) Evidence that a notice was erected on or adjacent to a place referred to in subsection (1) is evidence that the notice was so erected by the chief executive. (3) Section 73(1)(e) does not apply to a person who traverses a State forest or part thereof that is a feature protection area, State forest park or forest drive. (4) A person shall not on any feature protection area, State forest park or forest drive— (a) drive or ride a vehicle— (i) in any manner that would cause that vehicle to swerve, veer or turn violently without reasonable cause; (ii) at such speed or in such other manner as may endanger himself or herself or endanger or inconvenience any other person; (iii) in such a manner that an unreasonable amount of damage (having regard to the conditions existing at the time) is caused to any part of the feature protection area, State forest park or, as the case may be, forest drive; (b) use a vehicle in such a manner as is likely to cause annoyance to any person. 34H Camping notices (1) The chief executive may display a camping notice in a State forest (other than a State plantation forest) near each entrance to the State forest. (2) A camping notice is a notice that states the following— (a) the State forest, or a part of the State forest, is for the period specified in the notice— (i) an e-permit camping area; or (ii) a self-registration camping area; (b) the procedures, in general terms, to be followed by a person intending to camp in the area; (c) the conditions applying to a person camping in the area; (d) the penalty for camping in the area without a permit; (e) the location of the permit distribution points (if any) for the area. (3) Also, if the notice is for a self-registration camping area, the notice must state the fee (the camping fee) prescribed by regulation as payable for camping in the area. (4) The chief executive may also display another notice at or near an e-permit camping area or self-registration camping area that states conditions applying to a person camping in the camping area that are additional to the conditions stated in the camping notice. 34I Camping forms for self-registration camping areas (1) The chief executive must provide camping forms, and a sealed secure container (a camping fee container) in a conspicuous and easily accessible place in a self-registration camping area. (2) A camping form is a form that states the procedures, in general terms, to be followed by a person intending to camp in the self-registration camping area. (3) A camping form must include— (a) a detachable section (a camping tag) that has a space for a person who is granted a camping permit to write— (i) the person's name; and (ii) an identifying number for the camping permit; and (b) a detachable envelope (a camping fee envelope) that includes a section to allow a person to pay camping fees by credit card. 34J Camping tags for e-permit camping areas (1) The chief executive must make camping tags available at a conspicuous and easily accessible place (a permit distribution point) near an e-permit camping area. (2) Each camping tag must contain a space for a person who is granted a camping permit to write— (a) the person's name; and (b) an identifying number for the camping permit. (3) The chief executive must— (a) publish, on the department's website, the location of the permit distribution points; and (b) for a camping permit applied for by phone—ensure the person to whom the camping permit is granted is advised of the location of the permit distribution points. Division 2 Particular provisions about permits Subdivision 1 General 35 Granting of permit for land within State forest or timber reserve (1) With respect to any land comprised in any State forest or timber reserve the chief executive may from time to time grant, subject to such provisions, reservations and conditions as the chief executive thinks fit— (a) permits to occupy for a term fixed by the chief executive (occupation permits); or (b) camping permits; or (c) permits to graze stock (stock grazing permits) for a term fixed by the chief executive that— (i) generally—is no more than 10 years; or (ii) if the permit is for land in an SEQFA forest reserve—ends no later than 31 December 2024; or (d) permits for apiary sites for a term fixed by the chief executive (apiary permits). (2) If the term of a stock grazing permit, other than a stock grazing permit for land in an SEQFA forest reserve, has been fixed at less than 10 years the chief executive may, from time to time, extend the same for such term as the chief executive thinks fit but so that the term originally fixed and any extension or extensions thereof shall not, in the aggregate, exceed 10 years. (2A) If a plantation licensee, plantation sublicensee, plantation manager or plantation officer (the decision maker) exercising power delegated to the decision maker under section 96B makes a decision under subsection (1) or (2), the decision maker must advise the applicant for the permit or the extension of the permit that the applicant may apply for a review of the decision under section 83A within 28 days if the applicant is dissatisfied with the decision. (3) The chief executive may extend the term of a stock grazing permit granted over land in an SEQFA forest reserve for a term that ends no later than 31 December 2024. (4) Despite subsections (1) to (3), no permit to which this section relates shall be granted or extended or subjected to any provision or condition unless the chief executive is satisfied that the objects of this Act would not be thereby prejudiced or opposed. (5) Special leases of land within State forests A term lease under the Land Act 1994 may be granted over land in a State forest and for the purpose of this subsection such land shall be deemed to be land reserved and set apart for public purposes, and the provisions of that Act so far as they are not inconsistent with so much of this Act as relates to State forests shall extend and apply to all such special leases accordingly. (6) However, the term lease must not be granted and, if granted, must not be extended or renewed, unless the chief executive is satisfied the objects of this Act would not be prejudiced or opposed by the lease, including any conditions to be included in the lease. (6A) If a term lease granted under subsection (5) is a rolling term lease under the Land Act 1994, its term may be extended under that Act only with the agreement of the chief executive and only after the chief executive considers the extension under subsection (6). (7) In this section— SEQFA forest reserve means a forest reserve under the Nature Conservation Act 1992 the dedication of which was in force immediately before the commencement of this definition. 35A When camping permit is taken to have been granted (1) This section applies if a person applies for a camping permit— (a) over the internet, using a website authorised by the chief executive; or (b) over the phone, using a phone number authorised by the chief executive; or (c) by filling in a camping form (self-registration) for a self-registration camping area. (2) If a person applies over the internet, the camping permit is taken to have been granted when the identifying number for the permit is displayed on the website. (3) If a person applies over the phone, the camping permit is taken to have been granted when the person is advised over the phone of the identifying number for the permit. (4) If a person applies by self-registration, the camping permit is taken to have been granted when— (a) the person fills in a camping form for the self-registration camping area, in the way stated on the form; and (b) the person— (i) puts the camping fee, either in cash or a cheque, in the camping fee envelope together with the part of the form designed to accompany the camping fee; or (ii) fills in the credit card payment section of the camping fee envelope; and (c) if the person pays by cash or cheque, the person seals the envelope; and (d) the person puts the envelope in the camping fee container. (5) However, if— (a) a person pays for a camping permit by cheque, and the cheque is dishonoured; or (b) a person pays for a camping permit by credit card, and the person's financial institution does not authorise the payment; the camping permit is taken not to have been granted. 35B Chief executive must issue camping tags (1) This section applies if a person applies directly to the chief executive for a camping permit and the chief executive grants the person a permit under section 35. (2) The chief executive must issue the person a camping tag for use with the permit when the permit is granted. 35C Number of people, period and conditions of camping permit (1) A camping permit for an e-permit camping area or self-registration camping area is taken to be granted to a person for— (a) the number of people, and the number of days, stated by the person when applying for the permit; and (b) the period when the area that is the subject of the permit is an e-permit camping area or self-registration camping area. (2) However, the number of people and period for the camping permit is taken to be not more than— (a) the maximum number of people stated on a camping notice for the e-permit camping area or self-registration camping area; and (b) 30 days or, if the camping notice states a shorter period, the shorter period. (3) The camping permit is subject to the conditions stated in the camping notice and any additional conditions notice. (4) In this section— additional conditions notice means a notice under section 34H(4). 36 Dealings with respect to timber reserves (1) Subject to this Act, a lease or permit may be granted under the Land Act 1994 with respect to any timber reserve or any part thereof. (2) For the purpose of the grant, extension or renewal of any lease authorised by this section the land to be made subject to such lease, extension or renewal shall be deemed to be land reserved and set apart for public purposes and for the purpose of the grant, extension or renewal of any licence authorised by this section the land with respect to which the licence is to be granted, extended or renewed shall be deemed to be Crown land. (3) A lease mentioned in subsection (1) may be granted, extended or renewed subject to conditions. (4) If a term lease granted under subsection (1) is a rolling term lease under the Land Act 1994, its term may be extended under that Act only with the agreement of the chief executive. 37 Particular authorities over State forest, timber reserve or forest entitlement area (1) The Governor in Council or the chief executive may impose provisions, reservations or conditions on the grant of a mining lease, exploration permit, mineral development licence, authority to prospect or petroleum lease under the Mining Acts, a geothermal tenure under the Geothermal Act or a GHG authority under the GHG storage Act. (2) In the case of any such lease, permit licence or authority over the whole or a part of a State forest, timber reserve or forest entitlement area (a relevant area) the lease, permit licence or authority may be so granted subject to such provisions, reservations and conditions (including conditions as to securing payment to the chief executive for any loss and any damage to the relevant area and to any works thereon the property of the State) as the Governor in Council or the chief executive, as the case may be, may fix for the purpose of the protection of the State and of the relevant area and all works thereon (if any) the property of the State. (2A) The Governor in Council or the chief executive, as the case may be, may, in addition to or in lieu of fixing any such conditions, require such sum to be deposited with the chief executive as will, in the Governor in Council's or chief executive's opinion, be sufficient to meet all loss or damage to the relevant area and to all works thereon (if any) the property of the State by reason of the grant of the lease, permit licence or authority. (2B) The lessee or holder of any such lease, permit, licence or authority over a relevant area or any part thereof shall be liable to the State for any loss and any damage to the relevant area and to any works thereon vested in or under the control of the State by reason of the grant of the lease, permit, licence or authority and such loss or damage or loss and damage may be recovered by the State by action as for a debt in any court of competent jurisdiction or as otherwise prescribed. (3) The lessee or holder of any such lease, permit licence or authority over a relevant area or any part thereof shall be liable to pay to the chief executive the royalty, stumpage or other fees or charges payable in respect of any timber cut or interfered with in or on the area of any such lease, permit licence or authority, notwithstanding that such timber may have been utilised for the purposes of such lease, permit licence or authority and notwithstanding any provisions of the Mining Acts, the Geothermal Act and the GHG storage Act to the contrary. (4) The Mining Acts, the Geothermal Act and the GHG storage Act shall be read subject to the provisions of this section. (5) Subsections (2B) and (3) do not limit— (a) the matters for which compensation is payable; or (b) the amount of compensation payable; or (c) the persons to whom compensation is payable; under the Mining Acts and the GHG storage Act. 38 [Repealed] 39 Interfering with forest products on State forests etc. (1) A person shall not interfere with, or cause to be interfered with, any forest products on any State forest, timber reserve or forest entitlement area except under the authority of and in compliance in every respect with the requirements of— (a) a lease, licence, permit, agreement or contract granted or made under this Act, the Land Act 1994, the Mining Acts, the Geothermal Act or the GHG storage Act; or (b) a permit to light a fire on a licence area under the Fire Services Act 1990, section 145C. Maximum penalty— (a) for a first offence—1,000 penalty units; and (b) for a subsequent offence—3,000 penalty units. (2) This section does not apply to— (a) a person performing duties under this Act acting in the administration of this Act; or (b) a person acting under a plantation licence, plantation sublicence or related agreement or in accordance with an agreement entered into with a plantation licensee or plantation sublicensee. 39A Forest entitlement areas and forest consent areas (1) The cardinal principle to be observed in the administration of forest entitlement areas and forest consent areas shall be the utilisation and management of such areas for the production of indigenous timber and associated products in perpetuity and the chief executive must ensure forest entitlement areas and forest consent areas are used and managed in such manner as appears to the chief executive most appropriate to achieve that purpose and, in doing so, the chief executive shall endeavour to have the person with whom there subsists at the material time an agreement made pursuant to this section participate in the protection and silviculture treatment of the timber thereon under the supervision of the chief executive. (2) In addition to all other powers conferred on the chief executive by this Act, for the purpose of using and managing a forest entitlement area or forest consent area the chief executive— (a) shall have free right of access including ingress, egress and regress, for the chief executive or persons performing functions under this Act or persons authorised by the chief executive to and from the area including rights of ingress, egress and regress in, into, over, upon, along, across and out of the area and such other part of the freeholding lease or deed of grant concerned as are agreed to by the lessee or owner of the land or, failing such agreement, as will cause in the opinion of the chief executive as little damage as possible to the land and as little inconvenience as possible to the lessee or owner thereof; (b) may— (i) determine and cause to be put into operation the silvicultural system most suitable in the chief executive's opinion to the circumstances of the area; (ii) make or cause to be made surveys (including aerial surveys and assessment surveys) of the area; (iii) determine the quantities and kinds of forest products that may be got, sold or removed from the area and the times at which the same may be got, sold or removed; (iv) control, manage, work and protect the area and control, manage, work, protect, get, sell and remove forest products therein or thereon, and authorise other persons to do any of such things; (v) determine and implement methods of managing, working, getting, selling or removing forest products in or on the area; (vi) make on the area and on land in respect of which the chief executive has free right of access under paragraph (a) fire breaks and such formed and unformed tracks, bridges, culverts and other works as are necessary for the management, protection and getting of forest products in or on the area; (vii) undertake, carry out and maintain on the area fencing and protection works of every kind and description; (c) may— (i) make an agreement with the lessee or owner of land that is or includes the area or with any person approved by the lessee or owner whereby the contracting party may participate in the protection and silvicultural treatment of the timber on the area, under the supervision of the chief executive, on the terms and conditions agreed to, which terms and conditions may provide for a sharing by the State and the contracting party of the proceeds of the sale of forest products in or on the area; (ii) permit the contracting party to make and effect improvements and works of development in the area with the approval of the chief executive first had and obtained and on such terms and conditions as the chief executive considers appropriate; (iii) permit the contracting party to do in the area such things as the chief executive approves and on such terms and conditions as the chief executive considers appropriate; (iv) permit the destruction by the contracting party of such trees in the area as the chief executive determines on such terms and conditions as the chief executive considers appropriate; (d) may, by agreement with the contracting party, cancel an agreement made pursuant to this section and make further such agreements with the person who was such contracting party and with 1 or more other persons being in each case the lessee or owner of land that is or includes the area or any part thereof or a person approved by the lessee or owner so that each further agreement relates to a part of the area; (e) may cancel an agreement made with any person pursuant to this section by notice in writing given to the contracting party or in any other manner authorised by this Act, if the contracting party commits an offence or permits the commission of an offence against any provision of this Act, or fails to perform or comply with any term or condition of the agreement that binds the person whereupon (without prejudice to the operation of section 58) the rights, privileges and liabilities of the contracting party in respect of the area, that attached by reason of the person being a party to the agreement, shall cease, save for a liability on account of anything done or omitted by the person or on the person's behalf before the cancellation of the agreement. (3) The rights of a contracting party under an agreement made under this section and the obligation of a contracting party to perform such an agreement— (a) shall not attach to the land of which the contracting party is lessee or owner and shall not pass with such land; (b) shall not survive the contracting party; (c) shall not be capable in law of being assigned and any purported assignment thereof shall be void; (d) shall cease upon the contracting party being made bankrupt or otherwise taking advantage of the law relating to bankruptcy. (4) An agreement under subsection (2)(c)(i) that applies to a forest consent area applies subject to the forest consent agreement for the forest consent area. 39B Rights and liabilities of contracting party in respect of forest entitlement areas and forest consent areas A contracting party— (a) shall comply with all requirements of the chief executive in respect of the control, management, working and protection of the forest entitlement area or forest consent area, or part thereof, to which the agreement made with him or her pursuant to section 39A relates, and of the control, management, working, protection, getting, removal and sale of forest products therein or thereon; (b) where the agreement made with the contracting party pursuant to section 39A provides for the contracting party sharing in the proceeds of sale of any forest products in or on the forest entitlement area or forest consent area to which the agreement relates, shall not be entitled to any amount on account of such proceeds until the forest products concerned have been sold and the proceeds of sale are in the hands of the State; (c) subject to section 39A(3), shall have the rights and liabilities conferred or imposed on the contracting party by the agreement made with the contracting party pursuant to section 39A for as long as the agreement subsists. 39C Interpretation In sections 39A and 39B— contracting party means every party to a subsisting agreement made under section 39A in relation to a forest entitlement area or forest consent area, or any part thereof, or in relation to the management, control or use of such an area or part, or in relation