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FORESTRY AND ANOTHER ACT AMENDMENT BILL 2014

          Queensland



Forestry and Another Act
Amendment Bill 2014

 


 

 

Queensland Forestry and Another Act Amendment Bill 2014 Contents Page Part 1 Preliminary 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 2 Commencement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Part 2 Amendment of Forestry Act 1959 3 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 4 Replacement of s 17 (Appointment of officers) . . . . . . . . . . . . . . 8 17 Appointment and qualifications . . . . . . . . . . . . . . . . . 8 17A Appointment conditions . . . . . . . . . . . . . . . . . . . . . . . 9 17B When officer stops holding office . . . . . . . . . . . . . . . . 9 Subdivision 2 Identity cards 17C Issue of identity card . . . . . . . . . . . . . . . . . . . . . . . . . 10 17D Production or display of identity card . . . . . . . . . . . . . 10 17E Return of identity card . . . . . . . . . . . . . . . . . . . . . . . . 11 5 Amendment of s 18 (General powers of forest officers) . . . . . . . . 11 6 Amendment of s 18A (General powers of plantation officers) . . . 12 7 Omission of s 18B (Powers of plantation officers in relation to fire) 13 8 Amendment of s 18C (Plantation operator and plantation officer are persons performing duties under this Act only for particular provisions) ..................................... 13 9 Amendment of s 34AA (Regulation of use of State forests by notices) ...................................... 13 10 Replacement of s 34AB (Display in State forests of information notices in conjunction with regulatory notices) . . . . . . . . . . . . . . . 15 34AB Displaying information notices with regulatory notices 15 11 Amendment of s 34G (Regulating movement of vehicles on feature protection areas etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 12 Replacement of s 34H (Self-registration camping areas). . . . . . . 16

 


 

Forestry and Another Act Amendment Bill 2014 Contents 34H Camping notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 13 Insertion of new ss 34I-34J . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 34I Camping forms for self-registration camping areas . . 17 34J Camping tags for e-permit camping areas . . . . . . . . . 18 14 Amendment of s 35 (Granting of permit for land within State forest) 18 15 Replacement of s 35A (Permit to camp in State forest taken to have been granted by chief executive) . . . . . . . . . . . . . . . . . . . . . 19 35A When camping permit is taken to have been granted 19 35B Chief executive must issue camping tags. . . . . . . . . . 21 35C Number of people, period and conditions of camping permit ................................ 21 16 Amendment of s 37 (Particular authorities over State forest, timber reserve or forest entitlement area) . . . . . . . . . . . . . . . . . . . . . . . . 22 17 Insertion of new pt 4, div 2, sdiv 2 . . . . . . . . . . . . . . . . . . . . . . . . 22 Subdivision 2 Particular provisions for commercial activity permits 40A Application to renew permit . . . . . . . . . . . . . . . . . . . . 22 40B Amending conditions of permit . . . . . . . . . . . . . . . . . . 23 40C Deciding application to renew permit . . . . . . . . . . . . . 24 40D Combined commercial activity permits . . . . . . . . . . . 25 18 Amendment of pt 6, hdg (Control and disposal of forest products and quarry material) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 19 Amendment of s 45 (Forest products etc. which are the property of the Crown) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 20 Amendment of s 46 (Sale of forest products or quarry material) . 26 21 Amendment of s 56 (Permits etc.) . . . . . . . . . . . . . . . . . . . . . . . . 26 22 Amendment of s 60 (Failure to comply with provisions of lease etc.) 27 23 Relocation and renumbering of s 61 (Removal of forest products) 27 24 Amendment of pt 7, hdg (Fires on State forests, timber reserves and forest entitlement areas) . . . . . . . . . . . . . . . . . . . . . . . . . . . . 27 25 Insertion of new pt 7, div 1 and div 2, hdg . . . . . . . . . . . . . . . . . . 28 Division 1 Powers in relation to hazardous fire 61TW Powers of forest officers and plantation officers in relation to hazardous fire . . . . . . . . . . . . . . . . . . . . . . 28 Division 2 Other matters relating to fire 26 Insertion of new s 61U . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 61U Application of ss 62 to 62C. . . . . . . . . . . . . . . . . . . . . 29 27 Amendment of s 62 (Control of fires on State forests etc.). . . . . . 29 Page 2

 


 

Forestry and Another Act Amendment Bill 2014 Contents 28 Insertion of new ss 62A-62C . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 62A Additional control of fires in forest recreation areas . . 30 62B Unattended fires . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31 62C Unauthorised things relating to fires. . . . . . . . . . . . . . 31 29 Omission of ss 66 and 67. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 30 Renumbering of s 69E (Chief executive must consult with plantation licensee or plantation sublicensee if considering exercising power in relation to a licence area) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32 31 Insertion of new pts 7A and 7B . . . . . . . . . . . . . . . . . . . . . . . . . . 33 Part 7A Pollution and waste in State forests and timber reserves 69A Application of ss 69C, 69D, 69E, 69F and 69H . . . . . 33 69B Polluting water in State forests and timber reserves . 34 69C Misusing water . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 69D Entering a dam, lake or watercourse . . . . . . . . . . . . . 35 69E Using herbicides, pesticides and other substances 36 69F Burying or disposing of harmful, offensive or noxious substances etc. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36 69G Abandoning vehicles . . . . . . . . . . . . . . . . . . . . . . . . . 36 69H Abandoning waste materials or human waste . . . . . . 36 69I Breaking glass . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37 69J Littering. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38 Part 7B Requirements about camping 69K Camping requires permit etc. . . . . . . . . . . . . . . . . . . . 39 69L Camping in forest entitlement area prohibited . . . . . . 40 69M Compliance with conditions of camping permit . . . . . 40 69N Maximum number of people who may camp under permit or approval . . . . . . . . . . . . . . . . . . . . . . . . . . . 41 69O Displaying camping tags. . . . . . . . . . . . . . . . . . . . . . . 41 69P Direction to leave camping site for protection, safety or minimising disturbance. . . . . . . . . . . . . . . . . . . . . . . . 42 69Q Direction to leave camp site for person camping for long periods . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 43 69R Displaying camping tag without permit . . . . . . . . . . . . 44 69S Tampering with camping tag. . . . . . . . . . . . . . . . . . . . 44 32 Amendment of s 73 (Unlawfully using State forests etc.) . . . . . . . 44 33 Omission of s 73A (Display of camping form if permit to camp granted) ........................................ 45 Page 3

 


 

Forestry and Another Act Amendment Bill 2014 Contents 34 Omission of s 73B (Offence to display camping form if no permit to camp) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 35 Insertion of new ss 73A-73F . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 73A Application of ss 73B to 73F. . . . . . . . . . . . . . . . . . . . 45 73B Commercial activities . . . . . . . . . . . . . . . . . . . . . . . . . 45 73C Group activities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47 73D Restricted items . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48 73E Bringing plants into State forest or timber reserve . . . 50 73F Unauthorised structures or works. . . . . . . . . . . . . . . . 51 36 Insertion of new s 75A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51 75A Direction to remove animal. . . . . . . . . . . . . . . . . . . . . 52 37 Replacement of s 84A (Officer may direct person to leave State forest or timber reserve) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 53 84A Directions about use of vehicle or vessel . . . . . . . . . . 53 84B Directions to leave--offences or suspected offences. 54 84C Directions to leave--dangerous circumstances . . . . . 55 84D Power to stop people committing offence. . . . . . . . . . 57 84E Power to stop or move vehicle or vessel . . . . . . . . . . 58 84F Warning requirements for giving directions . . . . . . . . 59 38 Amendment of s 96B (Delegation by chief executive--State plantation forests) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 39 Insertion of new pt 10, div 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 Division 4 Amendments under Forestry and Another Act Amendment Act 2014 134 Definition for div 4. . . . . . . . . . . . . . . . . . . . . . . . . . . . 60 135 Certificates of appointment . . . . . . . . . . . . . . . . . . . . 60 136 Existing directions . . . . . . . . . . . . . . . . . . . . . . . . . . . 61 137 Existing notices under ss 34AA and 34G . . . . . . . . . . 62 138 Existing applications for permits to camp . . . . . . . . . . 62 139 Existing permits to camp . . . . . . . . . . . . . . . . . . . . . . 62 40 Amendment of sch 2 (Subject matters for regulations) . . . . . . . . 63 41 Amendment of sch 3 (Dictionary) . . . . . . . . . . . . . . . . . . . . . . . . . 63 Part 3 Amendment of Recreation Areas Management Act 2006 42 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 43 Amendment of s 35 (Terms of permits) . . . . . . . . . . . . . . . . . . . . 67 44 Amendment of s 55A (Form of commercial activity permit) . . . . . 67 45 Insertion of new ss 55B-55E . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67 Page 4

 


 

Forestry and Another Act Amendment Bill 2014 Contents 55B Application to renew permit . . . . . . . . . . . . . . . . . . . . 68 55C Amending conditions of permit . . . . . . . . . . . . . . . . . . 68 55D Deciding application to renew permit . . . . . . . . . . . . . 69 55E Information notice not required. . . . . . . . . . . . . . . . . . 70 46 Amendment of schedule (Dictionary) . . . . . . . . . . . . . . . . . . . . . . 70 Part 4 Minor and consequential amendments 47 Act amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 71 Schedule 1 Minor and consequential amendments . . . . . . . . . . . . . . . . . . 72 Forestry Act 1959 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 72 Page 5

 


 

 

2014 A Bill for An Act to amend the Forestry Act 1959 and the Recreation Areas Management Act 2006 for particular purposes and to make minor and consequential amendments to the Act mentioned in schedule 1

 


 

Forestry and Another Act Amendment Bill 2014 Part 1 Preliminary [s 1] The Parliament of Queensland enacts-- 1 Part 1 Preliminary 2 Clause 1 Short title 3 This Act may be cited as the Forestry and Another Act 4 Amendment Act 2014. 5 Clause 2 Commencement 6 This Act, other than sections 14(4) and 41(3), commences on 7 a day to be fixed by proclamation. 8 Part 2 Amendment of Forestry Act 9 1959 10 Clause 3 Act amended 11 This part amends the Forestry Act 1959. 12 Note-- 13 Also see the amendments in schedule 1. 14 Clause 4 Replacement of s 17 (Appointment of officers) 15 Section 17-- 16 omit, insert-- 17 17 Appointment and qualifications 18 (1) The chief executive may appoint a person as a 19 forest officer if satisfied the person has the 20 Page 8

 


 

Forestry and Another Act Amendment Bill 2014 Part 2 Amendment of Forestry Act 1959 [s 4] necessary expertise or experience to be a forest 1 officer. 2 (2) The chief executive may appoint an employee of 3 a plantation operator as a plantation officer, for a 4 specified licence area, if satisfied the employee 5 has the necessary expertise or experience to be a 6 plantation officer. 7 (3) An appointment under this section must be made 8 by instrument in writing. 9 17A Appointment conditions 10 A forest officer or plantation officer holds office on 11 any conditions stated in-- 12 (a) the officer's instrument of appointment; or 13 (b) a signed notice given to the officer; or 14 (c) a regulation. 15 17B When officer stops holding office 16 (1) A forest officer or plantation officer stops holding 17 office if-- 18 (a) the term of office that is stated in a condition 19 of office ends; or 20 (b) the office ends under another condition of 21 office; or 22 (c) the officer resigns by giving the chief 23 executive a notice signed by the officer. 24 (2) Also, a plantation officer stops holding office 25 if-- 26 (a) the person stops being an employee of a 27 plantation operator; or 28 (b) the delegation of power under section 96B 29 to the plantation operator is revoked. 30 Page 9

 


 

Forestry and Another Act Amendment Bill 2014 Part 2 Amendment of Forestry Act 1959 [s 4] (3) This section does not limit the ways in which a 1 forest officer or plantation officer stops holding 2 office. 3 (4) In this section-- 4 condition of office means a condition on which 5 the officer holds office. 6 Subdivision 2 Identity cards 7 17C Issue of identity card 8 (1) The chief executive must issue an identity card to 9 each forest officer and plantation officer. 10 (2) The identity card must-- 11 (a) contain a recent photo of the person; and 12 (b) contain a copy of the person's signature; and 13 (c) identify the person as a forest officer or 14 plantation officer under this Act; and 15 (d) state an expiry date for the card. 16 (3) This section does not prevent the issue of a single 17 identity card to a person for this Act and other 18 purposes. 19 17D Production or display of identity card 20 (1) When exercising a power in relation to a person 21 in the person's presence, a forest officer or 22 plantation officer must-- 23 (a) produce the officer's identity card for the 24 person's inspection before exercising the 25 power; or 26 (b) have the identity card displayed so it is 27 clearly visible to the person. 28 Page 10

 


 

Forestry and Another Act Amendment Bill 2014 Part 2 Amendment of Forestry Act 1959 [s 5] (2) However, if it is not practicable to comply with 1 subsection (1), the officer must produce the 2 identity card for the person's inspection at the 3 first reasonable opportunity. 4 17E Return of identity card 5 If a person stops being a forest officer or 6 plantation officer, the person must return the 7 person's identity card to the chief executive 8 within 21 days after the office ends, unless the 9 person has a reasonable excuse. 10 Maximum penalty--50 penalty units. 11 Clause 5 Amendment of s 18 (General powers of forest officers) 12 (1) Section 18-- 13 insert-- 14 (1AA) The officer's powers may be limited by-- 15 (a) the officer's instrument of appointment; or 16 (b) a signed notice given to the officer; or 17 (c) a regulation. 18 (2) Section 18(4), from `may issue'-- 19 omit, insert-- 20 may issue a warrant for the place for the purpose of a 21 stated forest officer or any forest officer exercising a 22 forest officer's powers. 23 (3) Section 18(5)-- 24 omit, insert-- 25 (5) The warrant must state-- 26 (a) the place to which the warrant applies; and 27 Page 11

 


 

Forestry and Another Act Amendment Bill 2014 Part 2 Amendment of Forestry Act 1959 [s 6] (b) that a stated forest officer or any forest 1 officer, with necessary and reasonable help 2 and force, may-- 3 (i) enter the place and any other place 4 necessary for entry to the place; and 5 (ii) exercise a forest officer's powers; and 6 (c) particulars of the matters mentioned in 7 subsection (4) that the justice considers 8 appropriate; and 9 (d) the name of the person suspected of having 10 contravened the Act unless the name is 11 unknown or the justice considers it 12 inappropriate to state the name; and 13 (e) the hours of the day or night when the place 14 may be entered; and 15 (f) the justice's name; and 16 (g) the day and time of the warrant's issue; and 17 (h) the day, within 1 month after the warrant's 18 issue, when the warrant ends. 19 Clause 6 Amendment of s 18A (General powers of plantation 20 officers) 21 (1) Section 18A(2)(d) to (f)-- 22 omit. 23 (2) Section 18A-- 24 insert-- 25 (2A) The officer's powers may be limited by-- 26 (a) the officer's instrument of appointment; or 27 (b) a signed notice given to the officer; or 28 (c) a regulation. 29 (3) Section 18A(3), `direction or'-- 30 Page 12

 


 

Forestry and Another Act Amendment Bill 2014 Part 2 Amendment of Forestry Act 1959 [s 7] omit. 1 Clause 7 Omission of s 18B (Powers of plantation officers in 2 relation to fire) 3 Section 18B-- 4 omit. 5 Clause 8 Amendment of s 18C (Plantation operator and plantation 6 officer are persons performing duties under this Act only 7 for particular provisions) 8 (1) Section 18C-- 9 insert-- 10 (aa) section 69A(1)(c) as it applies to section 11 69D; 12 (2) Section 18C(aa) to (e)-- 13 renumber as section 18C(b) to (f). 14 Clause 9 Amendment of s 34AA (Regulation of use of State forests 15 by notices) 16 (1) Section 34AA, heading, after `forests'-- 17 insert-- 18 etc. 19 (2) Section 34AA(1)-- 20 omit, insert-- 21 (1) This section applies to the whole or a part of a 22 State forest, timber reserve or forest entitlement 23 area (a relevant area). 24 (1A) The chief executive may, in relation to the 25 relevant area, display notices for the purpose of 26 regulating or prohibiting-- 27 (a) the use of the relevant area by people; or 28 Page 13

 


 

Forestry and Another Act Amendment Bill 2014 Part 2 Amendment of Forestry Act 1959 [s 9] (b) vehicles or a specified class of vehicles 1 using the relevant area; or 2 (c) animals or a specified class of animals being 3 brought into the relevant area; or 4 (d) lighting, keeping or using a fire, or a 5 particular type of fire, in-- 6 (i) a State forest or timber reserve; or 7 (ii) a particular part of a State forest or 8 timber reserve; or 9 (e) using stoves, barbecues, lamps, lanterns or 10 other appliances in-- 11 (i) a State forest or timber reserve; or 12 (ii) a particular part of a State forest or 13 timber reserve; or 14 (f) entering a dam, lake or watercourse in a 15 State forest or timber reserve; or 16 (g) going onto a bed or bank of a dam, lake or 17 watercourse in a State forest or timber 18 reserve. 19 (3) Section 34AA(2)-- 20 omit, insert-- 21 (2) Without limiting the generality of subsection 22 (1A), the chief executive may authorise the 23 display of regulatory notices in the form of 24 official traffic signs. 25 (4) Section 34AA(3)(a)-- 26 omit, insert-- 27 (a) may be displayed within, or near the 28 entrances to, the relevant area to which the 29 notice relates; and 30 (5) Section 34AA(3)(b), `State forest or that part of the State 31 forest'-- 32 Page 14

 


 

Forestry and Another Act Amendment Bill 2014 Part 2 Amendment of Forestry Act 1959 [s 10] omit, insert-- 1 relevant area 2 (6) Section 34AA(6), `erected or'-- 3 omit. 4 Clause 10 Replacement of s 34AB (Display in State forests of 5 information notices in conjunction with regulatory 6 notices) 7 Section 34AB-- 8 omit, insert-- 9 34AB Displaying information notices with 10 regulatory notices 11 (1) This section applies if the chief executive 12 displays a regulatory notice, other than an official 13 traffic sign, in a State forest, timber reserve or 14 forest entitlement area (a relevant area). 15 (2) A regulatory notice is-- 16 (a) a notice under section 34AA that does not 17 include a statement mentioned in section 18 34AA(3)(c); or 19 (b) a notice under section 34G(1). 20 (3) The chief executive must display another notice 21 (a forest information notice) stating that the 22 contravention of a requirement in a regulatory 23 notice is an offence. 24 (4) The forest information notice must be displayed 25 near each entrance to the relevant area. 26 (5) The chief executive may display a forest 27 information notice at any other place that the 28 chief executive considers appropriate. 29 (6) The chief executive must take reasonable steps to 30 ensure a forest information notice-- 31 Page 15

 


 

Forestry and Another Act Amendment Bill 2014 Part 2 Amendment of Forestry Act 1959 [s 11] (a) continues to be displayed while the 1 regulatory notice is displayed; and 2 (b) is properly maintained. 3 (7) The chief executive may include in a forest 4 information notice any information about the 5 relevant area that the chief executive considers 6 appropriate. 7 Clause 11 Amendment of s 34G (Regulating movement of vehicles 8 on feature protection areas etc.) 9 After section 34G(1)-- 10 insert-- 11 Note-- 12 Also see section 34AA for the regulation of vehicles in 13 State forests etc. 14 Clause 12 Replacement of s 34H (Self-registration camping areas) 15 Section 34H-- 16 omit, insert-- 17 34H Camping notices 18 (1) The chief executive may display a camping 19 notice in a State forest (other than a State 20 plantation forest) near each entrance to the State 21 forest. 22 (2) A camping notice is a notice that states the 23 following-- 24 (a) the State forest, or a part of the State forest, 25 is for the period specified in the notice-- 26 (i) an e-permit camping area; or 27 (ii) a self-registration camping area; 28 Page 16

 


 

Forestry and Another Act Amendment Bill 2014 Part 2 Amendment of Forestry Act 1959 [s 13] (b) the procedures, in general terms, to be 1 followed by a person intending to camp in 2 the area; 3 (c) the conditions applying to a person camping 4 in the area; 5 (d) the penalty for camping in the area without a 6 permit; 7 (e) the location of the permit distribution points 8 (if any) for the area. 9 (3) Also, if the notice is for a self-registration 10 camping area, the notice must state the fee (the 11 camping fee) prescribed by regulation as payable 12 for camping in the area. 13 (4) The chief executive may also display another 14 notice at or near an e-permit camping area or 15 self-registration camping area that states 16 conditions applying to a person camping in the 17 camping area that are additional to the conditions 18 stated in the camping notice. 19 Clause 13 Insertion of new ss 34I-34J 20 After section 34H-- 21 insert-- 22 34I Camping forms for self-registration camping 23 areas 24 (1) The chief executive must provide camping forms, 25 and a sealed secure container (a camping fee 26 container) in a conspicuous and easily accessible 27 place in a self-registration camping area. 28 (2) A camping form is a form that states the 29 procedures, in general terms, to be followed by a 30 person intending to camp in the self-registration 31 camping area. 32 (3) A camping form must include-- 33 Page 17

 


 

Forestry and Another Act Amendment Bill 2014 Part 2 Amendment of Forestry Act 1959 [s 14] (a) a detachable section (a camping tag) that 1 has a space for a person who is granted a 2 camping permit to write-- 3 (i) the person's name; and 4 (ii) an identifying number for the camping 5 permit; and 6 (b) a detachable envelope (a camping fee 7 envelope) that includes a section to allow a 8 person to pay camping fees by credit card. 9 34J Camping tags for e-permit camping areas 10 (1) The chief executive must make camping tags 11 available at a conspicuous and easily accessible 12 place (a permit distribution point) near an 13 e-permit camping area. 14 (2) Each camping tag must contain a space for a 15 person who is granted a camping permit to 16 write-- 17 (a) the person's name; and 18 (b) an identifying number for the camping 19 permit. 20 (3) The chief executive must-- 21 (a) publish, on the department's website, the 22 location of the permit distribution points; 23 and 24 (b) for a camping permit applied for by 25 phone--ensure the person to whom the 26 camping permit is granted is advised of the 27 location of the permit distribution points. 28 Clause 14 Amendment of s 35 (Granting of permit for land within 29 State forest) 30 (1) Section 35, heading, after `forest'-- 31 Page 18

 


 

Forestry and Another Act Amendment Bill 2014 Part 2 Amendment of Forestry Act 1959 [s 15] insert-- 1 or timber reserve 2 (2) Section 35(1), after `forest', first mention-- 3 insert-- 4 or timber reserve 5 (3) Section 35(1)(b)-- 6 omit, insert-- 7 (b) camping permits; or 8 (4) Section 35(1)(c)(i) and (2), `7 years'-- 9 omit, insert-- 10 10 years 11 Clause 15 Replacement of s 35A (Permit to camp in State forest 12 taken to have been granted by chief executive) 13 Section 35A-- 14 omit, insert-- 15 35A When camping permit is taken to have been 16 granted 17 (1) This section applies if a person applies for a 18 camping permit-- 19 (a) over the internet, using a website authorised 20 by the chief executive; or 21 (b) over the phone, using a phone number 22 authorised by the chief executive; or 23 (c) by filling in a camping form 24 (self-registration) for a self-registration 25 camping area. 26 (2) If a person applies over the internet, the camping 27 permit is taken to have been granted when the 28 identifying number for the permit is displayed on 29 the website. 30 Page 19

 


 

Forestry and Another Act Amendment Bill 2014 Part 2 Amendment of Forestry Act 1959 [s 15] (3) If a person applies over the phone, the camping 1 permit is taken to have been granted when the 2 person is advised over the phone of the 3 identifying number for the permit. 4 (4) If a person applies by self-registration, the 5 camping permit is taken to have been granted 6 when-- 7 (a) the person fills in a camping form for the 8 self-registration camping area, in the way 9 stated on the form; and 10 (b) the person-- 11 (i) puts the camping fee, either in cash or a 12 cheque, in the camping fee envelope 13 together with the part of the form 14 designed to accompany the camping 15 fee; or 16 (ii) fills in the credit card payment section 17 of the camping fee envelope; and 18 (c) if the person pays by cash or cheque, the 19 person seals the envelope; and 20 (d) the person puts the envelope in the camping 21 fee container. 22 (5) However, if-- 23 (a) a person pays for a camping permit by 24 cheque, and the cheque is dishonoured; or 25 (b) a person pays for a camping permit by credit 26 card, and the person's financial institution 27 does not authorise the payment; 28 the camping permit is taken not to have been 29 granted. 30 Page 20

 


 

Forestry and Another Act Amendment Bill 2014 Part 2 Amendment of Forestry Act 1959 [s 15] 35B Chief executive must issue camping tags 1 (1) This section applies if a person applies directly to 2 the chief executive for a camping permit and the 3 chief executive grants the person a permit under 4 section 35. 5 (2) The chief executive must issue the person a 6 camping tag for use with the permit when the 7 permit is granted. 8 35C Number of people, period and conditions of 9 camping permit 10 (1) A camping permit for an e-permit camping area 11 or self-registration camping area is taken to be 12 granted to a person for-- 13 (a) the number of people, and the number of 14 days, stated by the person when applying for 15 the permit; and 16 (b) the period when the area that is the subject 17 of the permit is an e-permit camping area or 18 self-registration camping area. 19 (2) However, the number of people and period for 20 the camping permit is taken to be not more 21 than-- 22 (a) the maximum number of people stated on a 23 camping notice for the e-permit camping 24 area or self-registration camping area; and 25 (b) 30 days or, if the camping notice states a 26 shorter period, the shorter period. 27 (3) The camping permit is subject to the conditions 28 stated in the camping notice and any additional 29 conditions notice. 30 (4) In this section-- 31 additional conditions notice means a notice 32 under section 34H(4). 33 Page 21

 


 

Forestry and Another Act Amendment Bill 2014 Part 2 Amendment of Forestry Act 1959 [s 16] Clause 16 Amendment of s 37 (Particular authorities over State 1 forest, timber reserve or forest entitlement area) 2 (1) Section 37(2), `a State forest or any part thereof'-- 3 omit, insert-- 4 the whole or a part of a State forest, timber reserve or 5 forest entitlement area (a relevant area) 6 (2) Section 37(2), `State forest', second and third mention-- 7 omit, insert-- 8 relevant area 9 (3) Section 37(2A), (2B) and (3), `State forest'-- 10 omit, insert-- 11 relevant area 12 (4) Section 37(3), `stumpage at the rate prescribed for the time 13 being'-- 14 omit, insert-- 15 royalty, stumpage or other fees or charges payable 16 Clause 17 Insertion of new pt 4, div 2, sdiv 2 17 Part 4, division 2-- 18 insert-- 19 Subdivision 2 Particular provisions for 20 commercial activity 21 permits 22 40A Application to renew permit 23 (1) A person who holds a commercial activity permit 24 may apply to the chief executive, before the 25 permit expires, to renew the permit. 26 (2) The application must-- 27 (a) be in the approved form; and 28 Page 22

 


 

Forestry and Another Act Amendment Bill 2014 Part 2 Amendment of Forestry Act 1959 [s 17] (b) include the information (if any) prescribed 1 by regulation. 2 (3) The application must be accompanied by the 3 fees, prescribed by regulation, for the application 4 and the permit. 5 (4) If a person applies to renew a commercial activity 6 permit in accordance with subsections (1) to (3), 7 the permit continues in force until whichever of 8 the following happens first-- 9 (a) the application is decided; 10 (b) the application is withdrawn; 11 (c) 3 months has elapsed after the day when the 12 permit would otherwise have expired; 13 (d) the permit is suspended or cancelled. 14 40B Amending conditions of permit 15 (1) The chief executive may amend or omit a 16 condition of a commercial activity permit, when 17 the permit is renewed-- 18 (a) at the request of the permit holder; or 19 (b) on the chief executive's own initiative. 20 (2) However, the chief executive may amend a 21 condition, subject to section 40C(3)(b), only if 22 the chief executive reasonably considers the 23 amendment is necessary-- 24 (a) to provide for the safety of people or 25 property; or 26 (b) to provide for the proper management of the 27 area to which the permit relates; or 28 (c) because the permit holder did not comply 29 with a condition of the existing permit; or 30 Page 23

 


 

Forestry and Another Act Amendment Bill 2014 Part 2 Amendment of Forestry Act 1959 [s 17] (d) to conserve or protect forest products or 1 other cultural or natural resources of the 2 area to which the permit relates. 3 40C Deciding application to renew permit 4 (1) The chief executive may grant an application to 5 renew a commercial activity permit (an existing 6 permit) if-- 7 (a) the chief executive is not aware of 8 information that would prevent the applicant 9 from being granted a new commercial 10 activity permit; and 11 (b) the chief executive is satisfied the permit 12 holder has in relation to the existing 13 permit-- 14 (i) given the chief executive the 15 information prescribed by regulation; 16 and 17 (ii) paid the fee for the existing permit or 18 agreed to pay the fee by instalments 19 and has complied with the agreement. 20 (2) Subsection (1)(b) does not apply to an 21 application for an existing permit for filming or 22 photography. 23 (3) If the chief executive grants the application-- 24 (a) the chief executive must give the applicant a 25 renewed commercial activity permit that is 26 effective from the day after the permit 27 would otherwise have expired; and 28 (b) the renewed commercial activity permit 29 must not authorise the person to carry out 30 any of the following-- 31 (i) activities not authorised under the 32 existing permit; 33 Page 24

 


 

Forestry and Another Act Amendment Bill 2014 Part 2 Amendment of Forestry Act 1959 [s 18] (ii) activities at locations not authorised 1 under the existing permit; 2 (iii) activities to a scale (such as in relation 3 to numbers of people, vehicles, 4 structures or animals) that is greater 5 than the scale of activities authorised 6 under the existing permit. 7 (4) If the chief executive refuses to grant an 8 application to renew a commercial activity 9 permit, the chief executive must give the 10 applicant a notice stating-- 11 (a) the reasons for the refusal; and 12 (b) that the refusal does not stop the applicant 13 from applying for a new commercial activity 14 permit. 15 40D Combined commercial activity permits 16 The chief executive may issue a document that 17 combines a commercial activity permit with either or 18 both of the following-- 19 (a) a commercial activity permit granted under the 20 Nature Conservation Act 1992; 21 (b) a commercial activity permit granted under part 4 22 of the Recreation Areas Management Act 2006. 23 Clause 18 Amendment of pt 6, hdg (Control and disposal of forest 24 products and quarry material) 25 Part 6, heading, after `material'-- 26 insert-- 27 and provisions about permits, licences etc. 28 Page 25

 


 

Forestry and Another Act Amendment Bill 2014 Part 2 Amendment of Forestry Act 1959 [s 19] Clause 19 Amendment of s 45 (Forest products etc. which are the 1 property of the Crown) 2 (1) Section 45(1), after `forest products', first mention-- 3 insert-- 4 or quarry material 5 (2) Section 45(1), after `forest products', second mention-- 6 insert-- 7 and quarry material 8 Clause 20 Amendment of s 46 (Sale of forest products or quarry 9 material) 10 (1) Section 46(1A), `, or otherwise'-- 11 omit, insert-- 12 or other method of sale 13 (2) Section 46(3), `under the native forest sawlog allocation 14 system for south-east Queensland'-- 15 omit, insert-- 16 or native forest cypress sawlogs 17 (3) Section 46-- 18 insert-- 19 (4) In this section-- 20 native forest cypress sawlogs means native 21 cypress log timber for use for sawmilling. 22 native forest hardwood sawlogs means native 23 hardwood log timber for use for sawmilling. 24 Clause 21 Amendment of s 56 (Permits etc.) 25 (1) Section 56(1), after `permits', first mention-- 26 insert-- 27 Page 26

 


 

Forestry and Another Act Amendment Bill 2014 Part 2 Amendment of Forestry Act 1959 [s 22] (including permits that allow a person to search for 1 quarry material) 2 (2) Section 56, after subsection (2), `Public competition'-- 3 omit. 4 (3) Section 56(3), from `, or otherwise'-- 5 omit, insert-- 6 or other method of sale as decided by the chief 7 executive. 8 Clause 22 Amendment of s 60 (Failure to comply with provisions of 9 lease etc.) 10 Section 60(3)-- 11 omit, insert-- 12 (3) However, this section does not apply to-- 13 (a) a camping permit; or 14 (b) a plantation licence or plantation sublicence. 15 Note-- 16 For camping permits, see section 35(1)(b). 17 Clause 23 Relocation and renumbering of s 61 (Removal of forest 18 products) 19 Section 61-- 20 relocate to part 6, division 2, as inserted, and renumber as section 21 54B. 22 Clause 24 Amendment of pt 7, hdg (Fires on State forests, timber 23 reserves and forest entitlement areas) 24 Part 7, heading, `and forest entitlement areas'-- 25 omit, insert-- 26 , forest entitlement areas and licence areas 27 Page 27

 


 

Forestry and Another Act Amendment Bill 2014 Part 2 Amendment of Forestry Act 1959 [s 25] Clause 25 Insertion of new pt 7, div 1 and div 2, hdg 1 Part 7, before section 62-- 2 insert-- 3 Division 1 Powers in relation to 4 hazardous fire 5 61TW Powers of forest officers and plantation 6 officers in relation to hazardous fire 7 (1) This section applies if-- 8 (a) a forest officer reasonably believes a fire in a 9 State forest, timber reserve or forest 10 entitlement area is hazardous; or 11 (b) a plantation officer reasonably believes a 12 fire in a licence area is hazardous. 13 Example of basis for reasonable belief-- 14 a prevailing strong wind appears likely to carry 15 embers away from the fire 16 (2) A fire is hazardous if the fire-- 17 (a) is, or may become, a hazard to any area, 18 person or property; or 19 (b) is not authorised under this Act. 20 (3) The officer may-- 21 (a) put out the fire; or 22 (b) direct a person who appears to the officer to 23 be in charge of the fire-- 24 (i) to put out the fire, and not light another 25 fire; or 26 (ii) to reduce the intensity of the fire. 27 (4) A person given a direction under this section 28 must, unless the person has a reasonable excuse, 29 comply with the direction-- 30 Page 28

 


 

Forestry and Another Act Amendment Bill 2014 Part 2 Amendment of Forestry Act 1959 [s 26] (a) immediately after the direction is given; or 1 (b) if the direction includes a time within which 2 the person must comply, within that time. 3 Maximum penalty--165 penalty units. 4 Division 2 Other matters relating to 5 fire 6 Clause 26 Insertion of new s 61U 7 Part 7-- 8 insert-- 9 61U Application of ss 62 to 62C 10 Sections 62(1) and (1A), 62A(2), 62B(2) and 11 62C(1) do not apply to a person who lights a 12 fire-- 13 (a) that is authorised under the Fire and Rescue 14 Service Act 1990, part 7; or 15 (b) to perform a duty under this Act. 16 Notes-- 17 1 A plantation operator or plantation officer is 18 not a person performing duties under this Act 19 for this section: see section 18C. 20 2 See the Fire and Rescue Service Act 1990, 21 sections 65 and 66 for provisions about permits 22 to light fires on land, including in a licence 23 area. 24 Clause 27 Amendment of s 62 (Control of fires on State forests etc.) 25 (1) Section 62, heading, from `on'-- 26 omit, insert-- 27 for burning off or clearing vegetation 28 (2) Section 62(1)-- 29 Page 29

 


 

Forestry and Another Act Amendment Bill 2014 Part 2 Amendment of Forestry Act 1959 [s 28] omit, insert-- 1 (1) A person must not light, maintain or use a fire in 2 a State forest, timber reserve or forest entitlement 3 area that is likely to burn off or clear any 4 vegetation in the State forest, timber reserve or 5 forest entitlement area. 6 Maximum penalty--165 penalty units. 7 (1A) A person must not allow another person to light, 8 maintain or use a fire in a State forest, timber 9 reserve or forest entitlement area that is likely to 10 burn off or clear any vegetation in the State 11 forest, timber reserve or forest entitlement area. 12 Maximum penalty--165 penalty units. 13 Clause 28 Insertion of new ss 62A-62C 14 After section 62-- 15 insert-- 16 62A Additional control of fires in forest recreation 17 areas 18 (1) This section applies to a feature protection area, 19 forest drive or State forest park (a forest 20 recreation area). 21 (2) A person must not light, maintain or use a fire in 22 a forest recreation area, other than in a fireplace 23 or barbecue provided by the chief executive. 24 Maximum penalty--165 penalty units. 25 (3) However, subsection (2) does not apply to a 26 person lighting or using an approved appliance, 27 or a smoking product, if the person takes 28 reasonable steps to ensure-- 29 (a) the forest products or waters of the forest 30 recreation area or adjacent areas, are not 31 damaged; or 32 Page 30

 


 

Forestry and Another Act Amendment Bill 2014 Part 2 Amendment of Forestry Act 1959 [s 28] (b) property in the forest recreation area or 1 adjacent areas, other than property owned 2 by the person, is not damaged. 3 Example of a reasonable step taken by a person-- 4 ensuring the appliance is not left unattended 5 ensuring there is no overhanging vegetation 6 ensuring there is no flammable material near 7 the appliance or smoking product 8 (4) In this section-- 9 smoking product has the meaning given by the 10 Tobacco and Other Smoking Products Act 1998, 11 schedule, definition smoking product, paragraph 12 (b). 13 62B Unattended fires 14 (1) This section applies to a person who-- 15 (a) lights or assumes control of a fire in a State 16 forest, timber reserve or forest entitlement 17 area, including in a barbecue or fireplace 18 provided by the chief executive; or 19 (b) lights a fire to use an approved appliance. 20 (2) The person must put the fire out before leaving 21 the fire, unless the person has a reasonable 22 excuse. 23 Maximum penalty--165 penalty units. 24 (3) However, subsection (2) does not apply if 25 someone else assumes control of the fire before 26 the person leaves the fire. 27 62C Unauthorised things relating to fires 28 (1) A person must not leave any of the following in a 29 State forest, timber reserve or forest entitlement 30 area-- 31 Page 31

 


 

Forestry and Another Act Amendment Bill 2014 Part 2 Amendment of Forestry Act 1959 [s 29] (a) a lit match, pipe, cigar, cigarette or tobacco; 1 (b) hot ashes; 2 (c) a burning or smouldering substance; 3 (d) a substance or device that ignites on impact 4 or by spontaneous combustion. 5 Maximum penalty--165 penalty units. 6 (2) However, subsection (1) does not apply to a 7 person-- 8 (a) lighting or using an approved appliance; or 9 (b) lighting a fire-- 10 (i) in a barbecue or fireplace provided by 11 the chief executive; or 12 (ii) if a barbecue or fireplace is not 13 provided by the chief executive--in a 14 place that is at least 2m from 15 flammable material. 16 (3) A person must not put non-combustible material 17 in a fire in a State forest, timber reserve or forest 18 entitlement area. 19 Examples of non-combustible material-- 20 a can, bottle, brick or piece of steel 21 Maximum penalty--20 penalty units. 22 Clause 29 Omission of ss 66 and 67 23 Sections 66 and 67-- 24 omit. 25 Clause 30 Renumbering of s 69E (Chief executive must consult with 26 plantation licensee or plantation sublicensee if 27 considering exercising power in relation to a licence 28 area) 29 Section 69E-- 30 Page 32

 


 

Forestry and Another Act Amendment Bill 2014 Part 2 Amendment of Forestry Act 1959 [s 31] renumber as section 69T. 1 Clause 31 Insertion of new pts 7A and 7B 2 After section 69-- 3 insert-- 4 Part 7A Pollution and waste in 5 State forests and 6 timber reserves 7 69A Application of ss 69C, 69D, 69E, 69F and 69H 8 (1) Sections 69C, 69D(3), 69E, 69F(b) and 69H(1) 9 do not apply to a person to the extent that the 10 person's actions are-- 11 (a) allowed under an authority (such as an 12 agreement, contract, permit, licence or 13 lease) under this Act; or 14 (b) allowed under an agreement entered into 15 with a plantation operator for a licence area, 16 to the extent the agreement is consistent 17 with the licence, any sublicence, and any 18 related agreement for the licence area; or 19 (c) in the course of performing duties under this 20 Act. 21 (2) Sections 69C and 69D(3) do not apply to a 22 person to the extent that the person's actions are 23 in the course of performing duties under another 24 Act. 25 (3) Sections 69C, 69E and 69F(b) do not apply to a 26 person to the extent that the person's actions are 27 allowed under a lease under the Land Act 1994. 28 Page 33

 


 

Forestry and Another Act Amendment Bill 2014 Part 2 Amendment of Forestry Act 1959 [s 31] 69B Polluting water in State forests and timber 1 reserves 2 (1) A person must not pollute a dam, lake or 3 watercourse in a State forest or timber reserve. 4 Maximum penalty--50 penalty units. 5 (2) Without limiting subsection (1), a person pollutes 6 a dam, lake or watercourse if the person-- 7 (a) allows a domestic animal to swim in a dam, 8 lake or watercourse; or 9 (b) puts soap, detergent, shampoo, oil, grease or 10 a harmful substance in a dam, lake or 11 watercourse. 12 Examples for paragraph (b)-- 13 discharging waste from a vessel into a dam 14 using shampoo to wash a domestic animal in a 15 dam 16 using detergent to wash a cooking utensil, 17 vehicle or clothing in a lake. 18 69C Misusing water 19 (1) A person must not-- 20 (a) take water from a dam, lake or watercourse 21 in a State forest or timber reserve, other 22 than-- 23 (i) for personal use within the State forest 24 or timber reserve; or 25 (ii) to water an animal that the person 26 brought into the State forest or timber 27 reserve; or 28 (b) dam or divert a watercourse in a State forest 29 or timber reserve; or 30 (c) damage a water supply or storage facility in 31 a State forest or timber reserve; or 32 Page 34

 


 

Forestry and Another Act Amendment Bill 2014 Part 2 Amendment of Forestry Act 1959 [s 31] (d) allow water from a water supply or storage 1 facility in a State forest or timber reserve to 2 run to waste. 3 Maximum penalty--50 penalty units. 4 (2) In this section-- 5 water supply or storage facility includes a dam, 6 water pipeline, water pump and water tank. 7 69D Entering a dam, lake or watercourse 8 (1) The chief executive may, by regulatory notice, 9 prohibit any person-- 10 (a) entering a dam, lake or watercourse in a 11 State forest or timber reserve; or 12 (b) going onto a bed or bank of a dam, lake or 13 watercourse in a State forest or timber 14 reserve. 15 (2) The chief executive may do so only if satisfied it 16 is necessary to protect 1 or more of the 17 following-- 18 (a) the health or safety of people; 19 (b) the quality of the water in the dam, lake or 20 watercourse; 21 (c) plants or animals. 22 (3) A person must not contravene a regulatory notice 23 under subsection (1). 24 Maximum penalty for subsection (3)--50 penalty 25 units. 26 Page 35

 


 

Forestry and Another Act Amendment Bill 2014 Part 2 Amendment of Forestry Act 1959 [s 31] 69E Using herbicides, pesticides and other 1 substances 2 A person must not use a herbicide, pesticide or 3 another harmful, offensive or noxious substance in a 4 State forest or timber reserve. 5 Maximum penalty--120 penalty units. 6 69F Burying or disposing of harmful, offensive or 7 noxious substances etc. 8 A person must not bury or otherwise dispose of the 9 following in a State forest or timber reserve-- 10 (a) a harmful, offensive or noxious substance; 11 (b) the carcass, offal or skeleton of an animal. 12 Maximum penalty--120 penalty units. 13 69G Abandoning vehicles 14 (1) A person must not abandon a vehicle, or part of a 15 vehicle, in a State forest or timber reserve. 16 Maximum penalty--120 penalty units. 17 (2) A vehicle includes a vessel, aircraft, hot air 18 balloon, hang-glider and paraglider. 19 69H Abandoning waste materials or human waste 20 (1) A person must not abandon waste materials in a 21 State forest or timber reserve. 22 Maximum penalty--120 penalty units. 23 Examples of waste materials-- 24 building materials, fencing materials, metal or plastic 25 drums, vegetation 26 (2) A person in a State forest or timber reserve must 27 not-- 28 Page 36

 


 

Forestry and Another Act Amendment Bill 2014 Part 2 Amendment of Forestry Act 1959 [s 31] (a) defecate within the prescribed minimum 1 distance of a dam, lake, watercourse or 2 walking track in the State forest or timber 3 reserve; or 4 (b) bury human waste within the prescribed 5 minimum distance of-- 6 (i) a dam, lake or watercourse in the State 7 forest or timber reserve; or 8 (ii) an occupied or established camp site; 9 or 10 (iii) a camp site designated by a regulatory 11 notice as a camp site; or 12 (iv) a walking track or other public facility; 13 or 14 (c) leave human waste unburied. 15 Maximum penalty--50 penalty units. 16 (4) Subsection (2)(a) and (b) does not apply if the 17 person is using toilets provided by the chief 18 executive or a plantation operator. 19 (5) In this section-- 20 prescribed minimum distance means 10m, or a 21 longer distance specified on a regulatory notice 22 that is displayed near the entrance of the State 23 forest or timber reserve. 24 69I Breaking glass 25 (1) A person must not break glass in a State forest or 26 timber reserve, unless the person has a reasonable 27 excuse. 28 Maximum penalty--30 penalty units. 29 (2) A person must not allow another person to break 30 glass in a State forest or timber reserve, unless 31 the person has a reasonable excuse. 32 Page 37

 


 

Forestry and Another Act Amendment Bill 2014 Part 2 Amendment of Forestry Act 1959 [s 31] Maximum penalty--30 penalty units. 1 69J Littering 2 (1) A person must not leave litter brought into a State 3 forest or timber reserve, unless the person has a 4 reasonable excuse. 5 Example of reasonable excuse-- 6 the person has collected litter from public land next to 7 the State forest or timber reserve and brings the litter 8 into the State forest or timber reserve to put it in a litter 9 bin 10 Maximum penalty--20 penalty units. 11 (2) A person must not, unless the person has a 12 reasonable excuse, leave litter in a State forest or 13 timber reserve-- 14 (a) other than in a litter bin; or 15 (b) in contravention of a regulatory notice. 16 Maximum penalty--20 penalty units. 17 (3) If a forest officer or plantation officer considers it 18 reasonably necessary, the officer may direct a 19 person to remove the person's litter from a State 20 forest or timber reserve, even if there is a litter 21 bin in the State forest or timber reserve. 22 Example of when a direction under subsection (3) may be 23 given-- 24 when all the litter bins in a State forest or timber reserve 25 are full 26 (4) A person given a direction under subsection (3) 27 must, unless the person has a reasonable excuse, 28 comply with the direction-- 29 (a) immediately after the direction is given; or 30 (b) if the direction includes a time within which 31 the person must comply, within that time. 32 Page 38

 


 

Forestry and Another Act Amendment Bill 2014 Part 2 Amendment of Forestry Act 1959 [s 31] Maximum penalty for subsection (4)--20 penalty 1 units. 2 (5) In this section-- 3 other litter means litter other than litter brought 4 into a State forest or timber reserve. 5 Part 7B Requirements about 6 camping 7 69K Camping requires permit etc. 8 (1) A person must not camp in any part of a State 9 forest or timber reserve (the relevant area), 10 unless the person-- 11 (a) is camping under a camping permit for the 12 relevant area; or 13 Note-- 14 See the Recreation Areas Management Act 2006, section 15 40, for camping permits issued under that Act. 16 (b) has the chief executive's written approval to 17 camp in the relevant area; or 18 (c) is camping in accordance with-- 19 (i) an authority (such as an agreement, 20 contract, permit, licence or lease) under 21 this Act; or 22 (ii) a lease under the Land Act 1994; or 23 (iii) an agreement entered into with a 24 plantation operator for a licence area, 25 to the extent that the agreement is 26 consistent with the licence or 27 sublicence, and related agreement for 28 the licence area; or 29 Page 39

 


 

Forestry and Another Act Amendment Bill 2014 Part 2 Amendment of Forestry Act 1959 [s 31] (d) is acting in the course of performing duties 1 under this Act. 2 Maximum penalty--20 penalty units. 3 (2) For subsection (1)(a) and (b), a person, other than 4 the holder of a permit or approval, may camp 5 under the permit or approval only if the number 6 of people with the holder is not more than the 7 number authorised by the permit or approval. 8 (3) A person must not camp in a State forest or 9 timber reserve contrary to a regulatory notice. 10 Maximum penalty--80 penalty units. 11 69L Camping in forest entitlement area prohibited 12 A person must not camp in a forest entitlement area, 13 unless the person-- 14 (a) is camping with the chief executive's written 15 approval; or 16 (b) is a lessee or owner of the land containing a 17 forest entitlement area, or a person camping 18 with the lessee or owner; or 19 (c) is acting in the course of performing duties 20 under this Act. 21 Maximum penalty--80 penalty units. 22 69M Compliance with conditions of camping 23 permit 24 A person camping in a State forest or timber 25 reserve under a camping permit must comply 26 with the conditions of the permit. 27 Maximum penalty--10 penalty units. 28 Note-- 29 For the conditions of a camping permit, see section 35C. 30 Page 40

 


 

Forestry and Another Act Amendment Bill 2014 Part 2 Amendment of Forestry Act 1959 [s 31] 69N Maximum number of people who may camp 1 under permit or approval 2 (1) The holder of a camping permit must not allow 3 more people to camp under the permit or 4 approval than-- 5 (a) for an e-permit camping area--the number 6 of people stated by the holder in the 7 application for the permit; or 8 (a) for a self-registration camping area--the 9 lower of the following-- 10 (i) the number of people stated on the 11 camping form for the permit; 12 (ii) the number of people stated on the 13 camping notice for the area as the 14 maximum number of people who may 15 camp under a camping permit in the 16 area. 17 Maximum penalty--20 penalty units. 18 (2) In this section-- 19 camping permit includes a written approval of 20 the chief executive that authorises camping in a 21 State forest or timber reserve. 22 69O Displaying camping tags 23 (1) Immediately after a person who is camping under 24 a camping permit makes camp, the person must 25 attach the camping tag for the permit, in a 26 conspicuous position, to-- 27 (a) the tent, caravan or other structure that the 28 person is camping in; or 29 (b) if the person is not camping in a tent, 30 caravan or other structure--a vehicle or 31 equipment that the person is using for 32 camping. 33 Page 41

 


 

Forestry and Another Act Amendment Bill 2014 Part 2 Amendment of Forestry Act 1959 [s 31] Maximum penalty--2 penalty units. 1 (2) The person must take reasonable steps to ensure 2 the camping tag remains displayed at the person's 3 camp while the person is camping under the 4 permit. 5 Maximum penalty--2 penalty units. 6 69P Direction to leave camping site for protection, 7 safety or minimising disturbance 8 (1) This section applies if a forest officer reasonably 9 believes it is necessary for a person camping in a 10 State forest, timber reserve or licence area (the 11 camp site) to leave the camp site in order to-- 12 (a) protect or secure the health and safety of a 13 person or a person's property; or 14 (b) minimise disturbance to people in the State 15 forest or timber reserve; or 16 (c) protect the forest products or waters of the 17 State forest, timber reserve or licence area. 18 (2) The officer may direct the person-- 19 (a) to leave the camp site; and 20 (b) to remove all of the person's property from 21 the camp site; and 22 (c) not to return to the camp site for a stated 23 period of not more than 6 days. 24 (3) A person given a direction under this section 25 must, unless the person has a reasonable excuse, 26 comply with the direction-- 27 (a) immediately after the direction is given; or 28 (b) if the direction includes a time within which 29 the person must comply, within that time. 30 Maximum penalty for subsection (3)--50 penalty 31 units. 32 Page 42

 


 

Forestry and Another Act Amendment Bill 2014 Part 2 Amendment of Forestry Act 1959 [s 31] 69Q Direction to leave camp site for 1 person camping for long periods 2 (1) This section applies if a person is camping in a 3 part of a State forest, timber reserve or licence 4 area (the camp site) and a forest officer 5 reasonably believes-- 6 (a) the same, or predominantly the same, 7 camping equipment has been at the camp 8 site for 30 days or more; and 9 (b) any of the following apply-- 10 (i) it is necessary or desirable to allow the 11 camp site to be used by another person 12 who is authorised to camp at the camp 13 site; 14 (ii) the natural condition of the camp site 15 has been, or is being, degraded by the 16 presence of the camping equipment; 17 (iii) it is necessary for the person to leave 18 the camp site to protect the health or 19 safety of a person; and 20 (c) another part of the State forest, timber 21 reserve or licence area is available for the 22 person to use for camping. 23 (2) The officer may direct the person in writing-- 24 (a) to leave the camp site; and 25 (b) to remove all of the person's property from 26 the camp site; and 27 (c) not to return to the camp site for a stated 28 period. 29 (3) A person given a direction under this section 30 must, unless the person has a reasonable excuse, 31 comply with the direction-- 32 (a) immediately after the direction is given; or 33 Page 43

 


 

Forestry and Another Act Amendment Bill 2014 Part 2 Amendment of Forestry Act 1959 [s 32] (b) if the direction includes a time within which 1 the person must comply, within that time. 2 Maximum penalty for subsection (3)--50 penalty 3 units. 4 69R Displaying camping tag without permit 5 A person must not attach a camping tag to a tent, 6 caravan, structure, camping equipment or vehicle in a 7 State forest or timber reserve unless the person holds a 8 camping permit for the area. 9 Maximum penalty--20 penalty units. 10 69S Tampering with camping tag 11 (1) A person must not, unless a person has a 12 reasonable excuse, tamper with a camping tag 13 displayed on a tent, caravan, structure, camping 14 equipment or vehicle being used for camping. 15 Maximum penalty--20 penalty units. 16 (2) In this section-- 17 tamper with, a camping tag, includes-- 18 (a) to remove, damage or destroy the camping 19 tag; and 20 (b) to change anything written on the tag. 21 Clause 32 Amendment of s 73 (Unlawfully using State forests etc.) 22 (1) Section 73(1)(b), `or camps upon'-- 23 omit, insert-- 24 on 25 (2) After section 73(1)-- 26 insert-- 27 Note-- 28 Page 44

 


 

Forestry and Another Act Amendment Bill 2014 Part 2 Amendment of Forestry Act 1959 [s 33] See sections 69K and 69L in relation to camping in a 1 State forest, timber reserve or forest entitlement area. 2 Clause 33 Omission of s 73A (Display of camping form if permit to 3 camp granted) 4 Section 73A-- 5 omit. 6 Clause 34 Omission of s 73B (Offence to display camping form if no 7 permit to camp) 8 Section 73B-- 9 omit. 10 Clause 35 Insertion of new ss 73A-73F 11 Before section 74-- 12 insert-- 13 73A Application of ss 73B to 73F 14 Sections 73B to 73F do not apply to a person 15 acting in accordance with an agreement with a 16 plantation operator for a licence area, to the 17 extent that the agreement is consistent with the 18 licence or sublicence, and any related agreement, 19 for the licence area. 20 73B Commercial activities 21 (1) A person must not conduct an activity for gain (a 22 commercial activity) in a State forest or timber 23 reserve. 24 Examples of commercial activity-- 25 the hire or sale of goods or services 26 commercial photography 27 Page 45

 


 

Forestry and Another Act Amendment Bill 2014 Part 2 Amendment of Forestry Act 1959 [s 35] a guided tour, safari, scenic flight, cruise or 1 excursion 2 advertising or promoting the use of a State forest or 3 timber reserve as part of a tour, safari, scenic flight, 4 cruise or excursion 5 advertising or promoting the use of a State forest or 6 timber reserve as a feature associated with a resort or 7 tourist facility on land adjoining the State forest or 8 timber reserve 9 Maximum penalty--165 penalty units 10 (2) However, subsection (1) does not apply to-- 11 (a) an activity that is authorised under a permit, 12 licence, lease or other authority under this 13 Act; or 14 (b) an activity that is authorised under an 15 agreement or contract granted or entered 16 into under this Act; or 17 (c) filming or photography that involves no 18 more than 10 people, and does not involve 19 any of the following-- 20 (i) building a tower, platform, building or 21 other structure, other than a portable 22 structure that is large enough to shelter 23 only 1 person; 24 (ii) using a generator or power source, 25 other than a power source that consists 26 of only dry cells or a single wet cell 27 battery; 28 (iii) using a vehicle, other than for transport 29 or for camping that is authorised under 30 this Act or the Recreation Areas 31 Management Act 2006. 32 (3) Also, subsection (1) does not apply if the chief 33 executive is reasonably satisfied-- 34 Page 46

 


 

Forestry and Another Act Amendment Bill 2014 Part 2 Amendment of Forestry Act 1959 [s 35] (a) the use of the State forest or timber reserve 1 is incidental to, and not integral to, the 2 conduct of the activity; or 3 Examples for paragraph (a)-- 4 a scheduled commercial flight over a State forest or 5 timber reserve that is not part of a tour or scenic 6 flight over the State forest or timber reserve 7 a scheduled bus service through a State forest or 8 timber reserve that is not a part of a tour or safari in 9 the State forest or timber reserve 10 conducting an activity in a State forest or timber 11 reserve if the activity involves a trade and is 12 conducted for the chief executive or the holder of a 13 permit, licence or other authority for the State forest 14 or timber reserve 15 providing a mechanical or vehicle towing service for 16 a visitor in a State forest or timber reserve 17 (b) the activity relates to the filming or 18 photographing of an event when, or as soon 19 as practicable after, the event happens, in 20 order to inform the public about the event-- 21 (i) on television; or 22 (ii) in a newspaper, magazine or similar 23 publication. 24 (4) The chief executive must publish the exemption 25 of a type of media activity under subsection 26 (3)(b), by a declaration published on the 27 department's website. 28 73C Group activities 29 (1) A person must not conduct an activity involving a 30 group of people in a State forest or timber reserve 31 (the area) that may restrict access to, or affect the 32 enjoyment of, the area by the general public, 33 having regard to-- 34 (a) the location of the area; and 35 Page 47

 


 

Forestry and Another Act Amendment Bill 2014 Part 2 Amendment of Forestry Act 1959 [s 35] (b) the number of members of the general 1 public that are likely to be in the area when 2 the activity is being conducted. 3 Maximum penalty--50 penalty units. 4 Examples of activities that may be a group activity-- 5 a music concert, car rally, bush walk, or wedding 6 (2) However, subsection (1) does not apply to an 7 activity that is conducted-- 8 (a) by a group of Aboriginal people under 9 Aboriginal tradition in a part of a State 10 forest or timber reserve with which the 11 group has a traditional, customary or 12 historical link under Aboriginal 13 tradition; or 14 (b) by a group of Torres Strait Islanders 15 under Island custom in a part of a State 16 forest or timber reserve with which the 17 group has a traditional, customary or 18 historical link under Island custom; or 19 (c) under an authority (such as an 20 agreement, contract, permit, licence or 21 lease) under this Act. 22 Note-- 23 See the Recreation Areas Management Act 2006, section 24 48 for permits for group activities in a recreation area. 25 73D Restricted items 26 (1) A person must not possess, have control over, or 27 use any of the following items in a State forest or 28 timber reserve, unless the person has a reasonable 29 excuse-- 30 (a) a weapon within the meaning of the 31 Weapons Act 1990, schedule 2; 32 Page 48

 


 

Forestry and Another Act Amendment Bill 2014 Part 2 Amendment of Forestry Act 1959 [s 35] (b) an axe, hoe, knife, mattock, pick, saw, 1 shovel or other implement; 2 (c) a trap, snare, net or birdlime; 3 (d) a poison within the meaning the Health 4 (Drugs and Poisons) Regulation 1996, 5 appendix 9; 6 (e) an explosive within the meaning of the 7 Explosives Act 1999; 8 (f) a decoy; 9 (g) anything else that can be used to take, or 10 help take, wildlife or forest products. 11 Maximum penalty--120 penalty units. 12 (2) However, subsection (1) does not apply to-- 13 (a) an item that is, or will be, used only for-- 14 (i) taking fish or other animals under the 15 Fisheries Act 1994; or 16 (ii) camping; or 17 (iii) a domestic purpose; or 18 (b) an unloaded spear gun that is to be used in 19 an area adjoining the State forest or timber 20 reserve where the use of the gun in the 21 adjoining area is not prohibited under an 22 Act. 23 (3) Also, subsection (1) does not apply if the 24 person-- 25 (a) securely stores the item in a place in or on a 26 vehicle or vessel where it is not easily 27 accessible and is out of sight; or 28 (b) is authorised to possess, have control over, 29 or use the item in the State forest or timber 30 reserve under an authority (such as an 31 agreement, contract, permit, licence or 32 lease) under any of the following Acts-- 33 Page 49

 


 

Forestry and Another Act Amendment Bill 2014 Part 2 Amendment of Forestry Act 1959 [s 35] (i) this Act; 1 (ii) the Geothermal Energy Act 2010; 2 (iii) the Greenhouse Gas Storage Act 2009; 3 (iv) the Land Act 1994; 4 (v) the Mining Acts; or 5 (c) is in the course of performing duties under 6 this Act. 7 (4) In this section-- 8 take, in relation to wildlife or forest products, has 9 the meaning given in the Nature Conservation 10 Act 1992. 11 73E Bringing plants into State forest or 12 timber reserve 13 (1) A person must not bring a plant into a State forest 14 or timber reserve, unless the plant-- 15 (a) is food for the person or the person's animal; 16 or 17 (b) is securely stored in or on a vehicle or vessel 18 in a way that ensures no part of the plant is 19 spread or released into the State forest or 20 timber reserve, such as by keeping the 21 plant-- 22 (i) in a cabin of the vehicle or vessel; or 23 (ii) covered at all times. 24 (2) Subsection (1) does not apply if the person-- 25 (a) is authorised to bring the plant to the place 26 under an authority (such as an agreement, 27 contract, permit, licence or lease) under an 28 Act; or 29 (b) is acting in the course of performing duties 30 under this Act. 31 Page 50

 


 

Forestry and Another Act Amendment Bill 2014 Part 2 Amendment of Forestry Act 1959 [s 36] Maximum penalty--50 penalty units. 1 (3) In this section-- 2 plant means-- 3 (a) any member of the plant or fungus kingdom 4 (whether alive, dead, standing or fallen); or 5 (b) the whole or any part of the flowers, seeds 6 or genetic or reproductive material of a plant 7 or fungus. 8 73F Unauthorised structures or works 9 (1) A person must not build or keep a structure or 10 other works in a State forest, timber reserve or 11 forest entitlement area. 12 Maximum penalty--165 penalty units. 13 (2) However, subsection (1) does not apply to a 14 camping structure under a camping permit. 15 (3) Also, subsection (1) does not apply if the person 16 is authorised to build or keep the structure or 17 works, in the State forest, timber reserve or forest 18 entitlement area, under an authority (such as an 19 agreement, contract, permit, licence or lease) 20 under any of the following Acts-- 21 (a) this Act; 22 (b) the Geothermal Energy Act 2010; 23 (c) the Greenhouse Gas Storage Act 2009; 24 (d) the Land Act 1994; 25 (e) the Mining Acts. 26 Clause 36 Insertion of new s 75A 27 After section 75-- 28 insert-- 29 Page 51

 


 

Forestry and Another Act Amendment Bill 2014 Part 2 Amendment of Forestry Act 1959 [s 36] 75A Direction to remove animal 1 (1) This section applies to-- 2 (a) a forest officer in relation to a State forest or 3 timber reserve (a relevant area); or 4 (b) a plantation officer in relation to a licence 5 area (also a relevant area). 6 (2) The officer may direct a person in charge of an 7 animal, other than stock, in a relevant area to 8 remove the animal from the area if the officer is 9 satisfied the animal-- 10 (a) is unlawfully in the area; or 11 (b) has been a disturbance in the area; or 12 (c) is a danger to people, property, other 13 animals or wildlife in the area; or 14 (d) is in danger of injury because of activities 15 being conducted in the area. 16 (3) A person given a direction under this section 17 must, unless the person has a reasonable 18 excuse-- 19 (a) comply with the direction-- 20 (i) immediately after the direction is 21 given; or 22 (ii) if the direction includes a time within 23 which the person must comply, within 24 that time; and 25 (b) ensure the animal is not returned to the 26 relevant area within 24 hours after its 27 removal. 28 Maximum penalty for subsection (3)--40 penalty 29 units. 30 Page 52

 


 

Forestry and Another Act Amendment Bill 2014 Part 2 Amendment of Forestry Act 1959 [s 37] Clause 37 Replacement of s 84A (Officer may direct person to leave 1 State forest or timber reserve) 2 Section 84A-- 3 omit, insert-- 4 84A Directions about use of vehicle or vessel 5 (1) This section applies to-- 6 (a) a forest officer in relation to a State forest or 7 timber reserve (a relevant area); or 8 (b) a plantation officer in relation to a State 9 forest, timber reserve or licence area (also a 10 relevant area). 11 (2) The officer may give a person in control of a 12 vehicle or vessel in a relevant area a direction that 13 regulates or prohibits the use of the vehicle or 14 vessel in the area, if the officer reasonably 15 believes it is necessary to-- 16 (a) prevent or remedy any harm to, or loss or 17 destruction of, forest products or waters of 18 the area; or 19 (b) secure the safety of a person or a person's 20 property; or 21 (c) minimise disturbance to people in the area; 22 or 23 (d) minimise or prevent damage to roads, 24 drainage works, facilities or infrastructure. 25 Example-- 26 a direction to remove the vehicle or vessel from the 27 relevant area 28 (3) The officer may give the direction using a sign or 29 signal. 30 (4) A person must comply with a direction given 31 under this section, unless the person has a 32 reasonable excuse. 33 Page 53

 


 

Forestry and Another Act Amendment Bill 2014 Part 2 Amendment of Forestry Act 1959 [s 37] Maximum penalty for subsection (4)--50 penalty 1 units. 2 (5) However, it is not a reasonable excuse for 3 subsection (4) that the person holds an authority 4 (such as an agreement, contract, permit, licence 5 or lease) under this Act, that is inconsistent with 6 the direction. 7 84B Directions to leave--offences or suspected 8 offences 9 (1) This section applies to-- 10 (a) a forest officer in relation to a State forest or 11 timber reserve (a relevant area); or 12 (b) a plantation officer in relation to a State 13 forest, timber reserve or licence area (also a 14 relevant area). 15 (2) Subsection (3) applies if-- 16 (a) the officer-- 17 (i) finds a person committing, or about to 18 commit, an offence against this Act; or 19 (ii) finds a person in circumstances that 20 lead the officer to reasonably suspect 21 the person has committed an offence 22 against this Act; or 23 (iii) has information that leads the officer to 24 reasonably suspect a person has 25 committed an offence against this Act; 26 and 27 (b) the forest officer or plantation officer 28 reasonably believes the direction is 29 necessary-- 30 (i) to prevent the commission or 31 continuation of the offence; or 32 (ii) to secure evidence of the offence; or 33 Page 54

 


 

Forestry and Another Act Amendment Bill 2014 Part 2 Amendment of Forestry Act 1959 [s 37] (iii) to prevent another offence from being 1 committed. 2 (3) The officer may direct the person and any person 3 with the person-- 4 (a) to leave the relevant area; and 5 (b) to remove the person's property from the 6 relevant area; and 7 (c) not to return to the relevant area for a stated 8 period of not more than 6 days. 9 (4) A person given a direction under this section 10 must, unless the person has a reasonable excuse, 11 comply with the direction-- 12 (a) immediately after the direction is given; or 13 (b) if the direction includes a time within which 14 the person must comply, within that time. 15 Maximum penalty for subsection (4)--50 penalty 16 units. 17 (5) If the person does not comply with the direction, 18 the officer may take reasonable steps to ensure 19 the person complies with the direction, including 20 by-- 21 (a) using reasonable force; and 22 (b) moving the person's property to another 23 place. 24 84C Directions to leave--dangerous 25 circumstances 26 (1) This section applies to-- 27 (a) a forest officer in relation to a State forest or 28 timber reserve, or a part of a State forest or 29 timber reserve (a relevant area); or 30 (b) a plantation officer in relation to a State 31 forest, timber reserve or licence area or a 32 Page 55

 


 

Forestry and Another Act Amendment Bill 2014 Part 2 Amendment of Forestry Act 1959 [s 37] part of a State forest, timber reserve or 1 licence area (also a relevant area). 2 (2) If the officer reasonably believes circumstances 3 exist that are a danger to a person, or the person's 4 property, in a relevant area, the officer may direct 5 the person-- 6 (a) to leave the relevant area; and 7 (b) to remove the person's property from the 8 relevant area; and 9 (c) not to return to the relevant area for a stated 10 period. 11 Examples of when the officer might give a direction under 12 subsection (2)-- 13 trees are being harvested in the State forest or timber 14 reserve 15 a cyclone is seriously threatening the State forest or 16 timber reserve 17 a fire has been lit in the State forest or timber reserve 18 for management purposes 19 (3) If the officer reasonably believes the presence of 20 a person in the relevant area may interfere with 21 an emergency or rescue activity, the officer may 22 direct the person-- 23 (a) to leave the relevant area; and 24 (b) to remove the person's property from the 25 relevant area; and 26 (c) not to return to the relevant area for a stated 27 period. 28 Examples of when the officer might give a direction under 29 subsection (3)-- 30 a serious vehicle, aircraft or boating accident has 31 happened in the relevant area 32 a wildfire is being fought in the relevant area 33 Page 56

 


 

Forestry and Another Act Amendment Bill 2014 Part 2 Amendment of Forestry Act 1959 [s 37] (4) A person given a direction under this section 1 must, unless the person has a reasonable excuse, 2 comply with the direction-- 3 (a) immediately after the direction is given; or 4 (b) if the direction includes a time within which 5 the person must comply, within that time. 6 Maximum penalty for subsection (4)--80 penalty 7 units. 8 (5) If the person does not comply with the direction, 9 the officer may take reasonable steps to ensure 10 the person complies with the direction, including 11 by-- 12 (a) using reasonable force; and 13 (b) moving the person's property to another 14 place. 15 84D Power to stop people committing offence 16 (1) This section applies if a forest officer or 17 plantation officer-- 18 (a) finds a person committing, or about to 19 commit, an offence against this Act; or 20 (b) finds a person in circumstances that lead the 21 officer to reasonably suspect the person has 22 committed an offence against this Act; or 23 (c) has information that leads the officer to 24 reasonably suspect a person has committed 25 an offence against this Act. 26 (2) The officer may direct the person-- 27 (a) to stop committing the offence; or 28 (b) to stop any activities forming the basis of the 29 officer's suspicion mentioned in subsection 30 (1)(b) or (c); or 31 Page 57

 


 

Forestry and Another Act Amendment Bill 2014 Part 2 Amendment of Forestry Act 1959 [s 37] (c) to remain at a place to allow the officer to 1 exercise his or her powers under this Act; or 2 (d) if it is relevant to the offence mentioned in 3 subsection (1) whether the person is 4 licensed to drive a vehicle under a law of the 5 State--to produce a licence. 6 (3) A person given a direction under this section 7 must comply with the direction, unless the person 8 has a reasonable excuse. 9 Maximum penalty for subsection (3)--100 10 penalty units. 11 84E Power to stop or move vehicle or vessel 12 (1) This section applies if a forest officer believes or 13 reasonably suspects that something in or on a 14 vehicle or vessel may provide evidence of the 15 commission of an offence against this Act. 16 (2) The officer, in order to exercise his or her powers 17 under this Act, may direct a person in control of 18 the vehicle or vessel to-- 19 (a) stop the vehicle or vessel; or 20 (b) move the vehicle or vessel to, and keep it at, 21 a place within a reasonable distance. 22 (3) The officer may give the direction using a sign or 23 signal. 24 (4) However, the officer must-- 25 (a) when giving the direction--clearly identify 26 himself or herself as a forest officer 27 exercising his or her powers; and 28 (b) when the vehicle or vessel 29 stops--immediately produce his or her 30 identity card for the inspection of the person 31 in control of the vehicle or vessel. 32 Page 58

 


 

Forestry and Another Act Amendment Bill 2014 Part 2 Amendment of Forestry Act 1959 [s 37] (5) Section 84F(2) does not apply in relation to a 1 moving vehicle if, in the circumstances, it is not 2 possible for the warning to be given until after the 3 vehicle or vessel has stopped. 4 (6) A person in control of a vehicle or vessel must 5 comply with a direction under this section, unless 6 the person has a reasonable excuse. 7 Maximum penalty for subsection (6)--100 8 penalty units. 9 (7) It is a reasonable excuse for the person not to 10 comply with a direction if the officer does not 11 comply with subsection (4) or section 84F. 12 (8) Also, it is a reasonable excuse for the person not 13 to comply with a direction if-- 14 (a) immediately complying with the direction 15 would endanger someone else or cause loss 16 of, or damage to, property; and 17 (b) the person complies with the direction as 18 soon as it is practicable to do so. 19 (9) Subsection (4) applies despite section 17D. 20 84F Warning requirements for giving directions 21 (1) This section applies if a forest officer or 22 plantation officer gives a direction under this Act 23 to a person. 24 (2) When giving the direction, the officer must-- 25 (a) explain why the direction has been given; 26 and 27 (b) warn the person that it is an offence to fail to 28 comply with the direction. 29 (3) However, the officer need not comply with 30 subsection (2) if the officer reasonably considers 31 that, in the circumstances, it is not possible to 32 Page 59

 


 

Forestry and Another Act Amendment Bill 2014 Part 2 Amendment of Forestry Act 1959 [s 38] give the explanation and warning without 1 endangering the safety of-- 2 (a) a person, including the officer; or 3 (b) property, including State property. 4 Clause 38 Amendment of s 96B (Delegation by chief 5 executive--State plantation forests) 6 (1) Section 96B(1), after `59,'-- 7 insert-- 8 69D, 9 (2) Section 96B(2), `section 17'-- 10 omit, insert-- 11 sections 17, 17C and 17E 12 Clause 39 Insertion of new pt 10, div 4 13 Part 10-- 14 insert-- 15 Division 4 Amendments under 16 Forestry and Another Act 17 Amendment Act 2014 18 134 Definition for div 4 19 In this division-- 20 old, in relation to a provision, means the 21 provision as in force immediately before the 22 commencement of the Forestry and Another Act 23 Amendment Act 2014. 24 135 Certificates of appointment 25 (1) This section applies to a person who held an 26 appointment as a forest officer or plantation 27 Page 60

 


 

Forestry and Another Act Amendment Bill 2014 Part 2 Amendment of Forestry Act 1959 [s 39] officer immediately before the commencement of 1 this section. 2 (2) On and after the commencement, the person's 3 certificate of appointment is taken to be an 4 instrument of appointment. 5 (3) Also, the person's certificate of appointment is 6 taken to be the person's identity card until 7 whichever of the following happens first-- 8 (a) 1 year after the commencement; 9 (b) the day when the person is issued an identity 10 card under section 17C or subsection (4). 11 (4) The chief executive may issue an identity card to 12 a forest officer or plantation officer until the 13 commencement of section 17C. 14 (5) The identity card must-- 15 (a) contain a recent photo of the person; and 16 (b) contain a copy of the person's signature; and 17 (c) identify the person as a forest officer or 18 plantation officer under this Act; and 19 (d) state an expiry date for the card. 20 (6) An identity card issued under this section is taken 21 to be an identity card issued under section 17C, 22 until the identity card expires. 23 (7) This section does not prevent the issue of a single 24 identity card to a person for this Act and other 25 purposes. 26 136 Existing directions 27 (1) This section applies if a direction was given to a 28 person and was still in effect before the 29 commencement of this section. 30 Page 61

 


 

Forestry and Another Act Amendment Bill 2014 Part 2 Amendment of Forestry Act 1959 [s 39] (2) On and after the commencement, the direction is 1 taken to continue in effect and to comply with 2 any necessary requirements under the Act. 3 137 Existing notices under ss 34AA and 34G 4 (1) This section applies if a notice under the old 5 section 34AA, 34AB or 34G is on display before 6 the commencement of this section. 7 (2) On and after the commencement, the notice is 8 taken to be a notice under, and in accordance 9 with, section 34AA, 34AB or 34G. 10 138 Existing applications for permits to camp 11 (1) This section applies if, before the 12 commencement of this section-- 13 (a) a person applied to the chief executive for a 14 permit to camp under the old section 35; and 15 (b) the application has not been decided. 16 (2) On and after the commencement, the application 17 is taken to be an application for a camping permit 18 under section 35. 19 139 Existing permits to camp 20 (1) This section applies if, immediately before the 21 commencement of this section-- 22 (a) a person held a permit to camp under the old 23 section 35 or 35A; and 24 (b) the permit was still in force. 25 (2) The permit is taken to be camping permit, until 26 the day the permit would have ended under the 27 old section 35 or 35A. 28 Page 62

 


 

Forestry and Another Act Amendment Bill 2014 Part 2 Amendment of Forestry Act 1959 [s 40] Clause 40 Amendment of sch 2 (Subject matters for regulations) 1 (1) Schedule 2, section 4, heading, after `forests'-- 2 insert-- 3 and timber reserves 4 (2) Schedule 2, section 4(1), after `State forests'-- 5 insert-- 6 or timber reserves 7 (3) Schedule 2, section 4(2), `forest'-- 8 omit, insert-- 9 forests or timber reserves 10 (4) Schedule 2, section 4(3), `self-registration camping areas'- 11 omit, insert-- 12 State forests and timber reserves 13 (5) Schedule 2, section 9(1), `, or otherwise'-- 14 omit, insert-- 15 or other method of sale 16 Clause 41 Amendment of sch 3 (Dictionary) 17 (1) Schedule 3, definitions camp, camping form, entrance, lake, 18 native forest hardwood sawlogs, native forest sawlog 19 allocation system, self-registration camping area, 20 self-registration camping notice, State forest information 21 notice, vehicle and watercourse-- 22 omit. 23 (2) Schedule 3-- 24 insert-- 25 aircraft includes a helicopter. 26 approved appliance means a self-contained 27 cooking, heating or lighting appliance that is 28 Page 63

 


 

Forestry and Another Act Amendment Bill 2014 Part 2 Amendment of Forestry Act 1959 [s 41] portable and uses manufactured fuel, including 1 kerosene, refined oil or gas. 2 camp includes each of the following-- 3 (a) to pitch, place or erect a tent, caravan or 4 other structure that may be used for camping 5 to stay overnight by using the tent, caravan 6 or structure; 7 (b) to place camping equipment or a vehicle in 8 position to stay overnight using the 9 equipment or vehicle; 10 (c) to keep a tent, caravan or other structure or 11 camping equipment in position overnight, 12 whether or not the tent, caravan, structure or 13 equipment is attended; 14 (d) to stay overnight, other than as part of an 15 activity that-- 16 (i) does not involve the use of camping 17 equipment; and 18 (ii) is generally not considered to be 19 camping. 20 camping area means a State forest, or a part of a 21 State forest, stated in a camping notice to be a 22 camping area. 23 camping equipment means equipment or other 24 things used for camping. 25 camping fee see section 34H(3). 26 camping fee container see section 34I(1). 27 camping fee envelope see section 34I(3)(b). 28 camping form see section 34I(2). 29 camping notice see section 34H(2). 30 camping permit means a permit granted under-- 31 (a) section 35(1)(b); 32 Page 64

 


 

Forestry and Another Act Amendment Bill 2014 Part 2 Amendment of Forestry Act 1959 [s 41] (b) section 35A(2), (3) or (4). 1 camping tag means a tag made available by the 2 chief executive for display at a person's camp site 3 to show that the person has a camping permit for 4 the site. 5 commercial activity permit means a permit for a 6 commercial activity. 7 e-permit camping area means a State forest, or a 8 part of a State forest, stated to be an e-permit 9 camping area by a camping notice. 10 entrance, in relation to a State forest, timber 11 reserve or forest entitlement area, is an area of 12 land-- 13 (a) developed with the authority of the chief 14 executive for use as a vehicular or walking 15 entrance; and 16 (b) that is commonly used by people for the 17 purpose of driving or riding vehicles or 18 walking into the State forest, timber reserve 19 or forest entitlement area. 20 lake includes lagoon, swamp, marsh and any 21 other natural collection of water. 22 litter includes broken glass. 23 litter bin means a receptacle for litter provided by 24 the chief executive. 25 permit distribution point see section 34J(1). 26 permit holder means the holder of a permit. 27 self-registration camping area means a State 28 forest, or a part of a State forest, stated to be a 29 self-registration camping area by a camping 30 notice. 31 signed notice means a notice signed by the chief 32 executive. 33 Page 65

 


 

Forestry and Another Act Amendment Bill 2014 Part 2 Amendment of Forestry Act 1959 [s 41] vehicle includes-- 1 (a) any type of transport that moves on wheels, 2 whether or not the vehicle is capable of 3 being operated or used in a normal manner; 4 and 5 (b) a hovercraft. 6 vessel means-- 7 (a) a ship, boat, punt, ferry, or air cushion 8 vehicle; or 9 (b) any other kind of vessel that is used or 10 apparently designed for use in navigation, 11 however it is propelled. 12 waters means Queensland waters. 13 watercourse means a river, creek or stream in 14 which water flows permanently or intermittently. 15 (3) Schedule 3, definition recreational purposes-- 16 omit, insert-- 17 recreational purposes means any purpose for 18 recreational activities, including recreational 19 activities provided by a business. 20 (4) Schedule 3, definition regulatory notice, `section 34AA(1)'-- 21 omit, insert-- 22 section 34AA(1A) 23 (5) Schedule 3, definition requirement, `self-registration'-- 24 omit. 25 Page 66

 


 

Forestry and Another Act Amendment Bill 2014 Part 3 Amendment of Recreation Areas Management Act 2006 [s 42] Part 3 Amendment of Recreation 1 Areas Management Act 2006 2 Clause 42 Act amended 3 This part amends the Recreation Areas Management Act 4 2006. 5 Clause 43 Amendment of s 35 (Terms of permits) 6 Section 35(3), from `expires'-- 7 omit, insert-- 8 expires-- 9 (a) for a commercial activity permit-- 10 (i) if an application is made under section 11 55B--on whichever is the earliest of 12 when the application is decided or 3 13 months after the day when the permit 14 would otherwise have expired; or 15 (ii) otherwise--at the end of the term of 16 the permit; or 17 (b) for any other type of permit--at the end of 18 the term of the permit. 19 Clause 44 Amendment of s 55A (Form of commercial activity 20 permit) 21 Section 55A(b), after `forest'-- 22 insert-- 23 or timber reserve 24 Clause 45 Insertion of new ss 55B-55E 25 Part 4, division 5-- 26 insert-- 27 Page 67

 


 

Forestry and Another Act Amendment Bill 2014 Part 3 Amendment of Recreation Areas Management Act 2006 [s 45] 55B Application to renew permit 1 (1) A person who holds a commercial activity permit 2 may apply to the chief executive, before the 3 permit expires, to renew the permit. 4 (2) The application must-- 5 (a) be in the approved form; and 6 (b) include the information (if any) prescribed 7 by regulation. 8 (3) The application must be accompanied by the 9 fees, prescribed by regulation, for the application 10 and the permit. 11 (4) If a person applies to renew a commercial activity 12 permit in accordance with subsections (1) to (3), 13 the permit continues in force until whichever of 14 the following happens first-- 15 (a) the application is decided; 16 (b) the application is withdrawn; 17 (c) 3 months has elapsed after the day when the 18 permit would otherwise have expired; 19 (d) the permit is suspended or cancelled. 20 55C Amending conditions of permit 21 (1) The chief executive may amend or omit a 22 condition of a commercial activity permit, when 23 the permit is renewed-- 24 (a) at the request of the permit holder; or 25 (b) on the chief executive's own initiative. 26 (2) However, the chief executive may amend or omit 27 a condition, subject to section 55D(3)(b), only if 28 the chief executive reasonably considers it is 29 necessary because of an amendment that may be 30 made to a commercial activity permit under 31 section 61, 63 or 64. 32 Page 68

 


 

Forestry and Another Act Amendment Bill 2014 Part 3 Amendment of Recreation Areas Management Act 2006 [s 45] 55D Deciding application to renew permit 1 (1) The chief executive may grant an application to 2 renew a commercial activity permit (an existing 3 permit) if-- 4 (a) the chief executive is not aware of 5 information that is likely to change the chief 6 executive's consideration of a matter 7 mentioned in section 53 for the existing 8 permit; and 9 (b) the chief executive is satisfied the permit 10 holder has in relation to the existing 11 permit-- 12 (i) given the chief executive the 13 information prescribed by regulation; 14 and 15 (ii) paid the fee for the existing permit or 16 agreed to pay the fee by instalments 17 and has complied with the agreement. 18 (2) Subsection (1)(b) does not apply to an 19 application for an existing permit for filming or 20 photography. 21 (3) If the chief executive grants the application-- 22 (a) the chief executive must give the applicant a 23 renewed commercial activity permit that is 24 effective from the day after the permit 25 would otherwise have expired; and 26 (b) the renewed commercial activity permit 27 must not authorise the person to carry out 28 any of the following-- 29 (i) activities not authorised under the 30 existing permit; 31 (ii) activities at locations not authorised 32 under the existing permit; 33 Page 69

 


 

Forestry and Another Act Amendment Bill 2014 Part 3 Amendment of Recreation Areas Management Act 2006 [s 46] (iii) activities to a scale (such as in relation 1 to numbers of people, vehicles, 2 structures or animals) that is greater 3 than the scale of activities authorised 4 under the existing permit. 5 (4) If the chief executive refuses to grant an 6 application to renew a commercial activity 7 permit, the chief executive must give the 8 applicant a notice stating-- 9 (a) the reasons for the refusal; and 10 (b) that the refusal does not stop the applicant 11 from applying for a new commercial activity 12 permit. 13 55E Information notice not required 14 The chief executive is not required to give the permit 15 holder an information notice about the renewal of, or 16 refusal to renew, a commercial activity permit under 17 this division. 18 Clause 46 Amendment of schedule (Dictionary) 19 (1) Schedule-- 20 insert-- 21 commercial activity permit see section 34(1)(d). 22 (2) Schedule, definition commercial activity, `2 persons'-- 23 omit, insert-- 24 10 people 25 Page 70

 


 

Forestry and Another Act Amendment Bill 2014 Part 4 Minor and consequential amendments [s 47] Part 4 Minor and consequential 1 amendments 2 Clause 47 Act amended 3 Schedule 1 amends the Act it mentions. 4 Page 71

 


 

Forestry and Another Act Amendment Bill 2014 Schedule 1 Schedule 1 Minor and consequential 1 amendments 2 section 47 3 Forestry Act 1959 4 1 Before section 17-- 5 insert-- 6 Division 1 Forest officers and 7 plantation officers 8 Subdivision 1 Appointment 9 2 Before section 18-- 10 insert-- 11 Subdivision 3 General powers 12 3 Before section 18C-- 13 insert-- 14 Division 2 Miscellaneous provisions 15 4 Part 4, before section 33-- 16 insert-- 17 Division 1 Management generally 18 Page 72

 


 

Forestry and Another Act Amendment Bill 2014 Schedule 1 5 Before section 35-- 1 insert-- 2 Division 2 Particular provisions about 3 permits 4 Subdivision 1 General 5 6 Part 6, before section 43-- 6 insert-- 7 Division 1 Application of pt 6 8 7 Part 6, after section 44-- 9 insert-- 10 Division 2 Control and disposal 11 generally 12 8 After section 54A-- 13 insert-- 14 Division 3 Particular provisions about 15 permits 16 9 Section 86(1)(l), `section 84A'-- 17 omit, insert-- 18 section 84B 19 State of Queensland 2014 Authorised by the Parliamentary Counsel Page 73

 


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