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©State of Queensland
and Act d 1967, No. 48, s. 3 (2)
~ o ~ m e ~ c e d 23 March 1968 (Proc, pubd. Gaz. 23 March 1968, p. 1206)
ent Act 1971,
No.
2Part I1 and First Sch. in relation to this Act commenced 1 February 1974 (PTGC. pubd. Gaz. 19 January 1974, p. 228)
Commenced 1 January 1978 {Proc. pubd. Gaz. 10 December 1977, p. 1305)
~ o m m e ~ c e d 1 June 1979 @roc, pubd. Gaz. 2 June 1979, p. 851)
Bart I11 not yet proclaimed into force.
ning AeQ tber Acts
Part IT1 comme~ced 1 ~ u g u s t 1982 (Proc. pubd. Gaz. 24 July 1982, p. 2422)
Part I11 commenced 12 March 1983 (Proc. pubd. Gaz. 12 March 1983, p. 11007)
2 SS. 1-3 FORESTRY ACT 1959-1982
An
Act to Provide for Forest Reservations, the Management, Silvicultural Treatment and Protection of %ate Forests, and the Sale and Disposal of Forest Products and Quarry Material, the Property of the Crown cm State Forests, Timber Reserves and on Other Lands; and for other purposes.Long title amended by Act of 1958, No. 33, s. 2; Act of 1982, No. 73, s. 36.
[ASSENTED TO 22 DECEMBER, 19591 BE IT ~ ~ A C T ~ D by the Queen’s Most, Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:-
PART I-PRELIMINARY
.
(1) Shortti This Act may be cited as “The Forestry Act of 1959.”( 2 ) c o ~ of t s ~ Aet. ~Except ~ as herein otherwise pro- ~ ~ ~ ~ n ~ vided, this Act shall come into operation on a date to be fixed by the
Governor in Council by Proclamation published in the Gazette.
Commenced 1 August 1960 (Proc. pubd. Gaz. 16 July 1960, p. 1613).
Collective title conferxd by Act of 1982, No. 73, S. 35 (2).
c ~ ~ Qf § ~et. This Act, including every Proclamation, ~ ~ ~ O ~
lation hereunder, shall be read and construed so as not to exceed the legislative power of the State to the intent that where any enactment hereof or provision of any Proclamation, Order in Council, or regulation hereunder would but for this section have been construed as being in excess of that power, it shall nevertheless be a valid enactment or provision to the extent to which it is not in excess of that power.
3.
rder in Council, a
s of this Ad, This Act is divided into Parts as follows:- PART I-PRELIMINARY (ss. 1-5) ;
PART 11-ADMINISTRATION AND FUNCTIONS (ss. 6-22) ;
PART IIA-TIMBER RESEARCH AND DEVELOPMENT ADVISORY Division I-Timber Research and e v e ~ o p ~ e n ~ Advisory Division. I ~ - ~ i ~ b e r Research and Devebprnent Advisory
COUNCILS (SS. 22A-22V) ; Council of South and centra^
Council of North Queensland;
iviswn III-Miscellaneous Provisions;
PART 111-CLASSIFICATION AND RESERVATION OF STATE FORESTS PART IV-MANAGEMENT OF STATE FORESTS, TIMBER RESERVES PART VI-CONTROL AND DISPQSAL OF FOREST PRODUCTS AND
AND TIMBER RESERVES (SS. 23-32);
AND FOREST ENTIT~EMENT AREAS (SS. 33-39C)
QUARRY b h T E R I A L (SS. 44-61);
ESTRU ACT 1959-1982 s. 4 3
ART ONTROL AND PROHIBITION OF FIRES CN STATE FQRESTS, TIMBER
RESERVES
AND FQREST ENTITLEMENT AREAS (ss. 62-691
;1968, No. 33, s. 3; Act of 119Y4, No. 33, s. 2; Act of e enactments speczed in the First e to this Act (hereinafter in this Act referred to as “the repealed are hereby repealed to the extent indicated in the third column svided that, but without limiting the ~ ~ e r a ~ i o n of “The Acts otherwise expressly provi ed, every Proclamation, in Council, regulation, by-law, permit, lease, license, ation, appointment, approval, consent, determination, requirement, notice, prohibition, or act of authority made, granted, given, issued, done, or otherwise originated under any of the repealed Acts and subsisting at the commence- ment of this Act, shall, subject as h inafter provided and so far as it is consistent with this t, continue for the purposes of this Act in force (until xpires by effluxion of time, or is re~ealed, amended or otherwise modified
esponding provisions of and shall. where vided that every such Proclamation, Order in regulation, by-law, permit, lease, license, registra- tion, a p p o i n ~ e n ~ ~ approval, consent, determination, require- ment, notice, prohibition, or act of a ~ t h ~ r i t y shall be rea and construed subject to this Act;
(ii) All penalties and forfeitures d under any provision of any of the repealed Acts recovered at the com- mencement of this Act shall and may be enforced as if this Act had not come into bperation;
(iii] All actions and proceedings under any ob the repealed A d s
~ m ~ e n ~ d tar pending at the commencement of this Act may be carried on and prosecuted as if this Act had not come into operation, and no such action or proceeding shall abate or be discontinued or prejudicially affected by anything
contained in this Act;
(iv) All forest officers an all other officers appointed under any of the repealed Acts and in office immediately prior to the commencement of this Act shall be deemed to have been
~ ~ ~ i n t e d to tbeir respective offices under and for the purposes
d
this Act and, subject to ithis Act, shall continue~ e ~ Acts, 1954-1957,”- ~ ~ e ~ ~ i ~ ~
cancelled: ~u3~ende d, or surrendered under fully and e f f e c t u ~ y as if it had originated u necessary, be d e ~ m e ~ to have so o
4 6. 5 FORESTRY ACT 1959-1982
to hold those offices respectively in terms of their appoint- ment without further or other appointment under this Act.
irector of Forests appointed under any of the repealed Acts and office immediately prior to the commencement of this t shall be deemed to have been appointed to the office of Deputy Conservato-r of Forests and shall, subject to this Act, hold the o%ce of Deputy Conservator of Forests in terms of his appointment as Deputy
Forests without further or other ap
(v) R11 moneys which having accrued due under any provision of the repealed Acts are at the date of the repeal of such constituted under or for Acts, or any other body ion due or payable to coverable by the Crown ‘ nister, or the Forestry
rposes of any of the re
or person shall be and continue to be so due, payable an recoverable, and may be paid and received and recovere accordingly;
(vi) Where in any other Act (or in any ~ e ~ l a t i o n , d e , by-law, order, or other instrummt under other Act) referenc is made to any of the repealed
,
or to the collective citation of Acts in which any of th aled Acts is included, to any provision of any of the repealed Acts, it shall be taken, unless the context otherwise indicates or requires, that that reference is to or of this Act or, as the case requires, to vision of this Act, and that reference shall be read a trued accordingly; and(14) The amount o ee, charge, royalty, or rent prescribe e repealed Acts shall continue to be payable under and for the purposes of the correspond~ng provision of this Act as if the same were prescribed by thdt
corresponding provision until such time as the amount of that fee, charge, royalty, or rent is prescribed by regulation.
of s. In this Act, unless the context otherwise indicates the f o l ~ o w i n ~ terms shall have the meanings re
hem, that is to say-
“Animal life”-All ~ a ~ a l s , birds, reptiles, frogs, fish, crustaceans, insects, and all other species of anima the eggs and young thereof;
eds and banks”--Used with reference to any watercourse the bed and banks thereof as defined in “The Water Acts, 1926 to 1957,” and where elevations or slopes of land con- tiguous to the bed and banks as hereinbefore in this definition defined of any watercourse confine or tend to confine the waters flowing in, into or out of such. watercourse
period of any flood or cyclone, the term “bed
shall include all land covered by the waters so conhed oir tending to be so confined;
FORESTRY ACT 1959-1982 s. 5 5
“Conservator of Forests”-The person appointed or deemed t be appointed under this Act as the Conservator of Forests:
The term includes any person who for the time being the office or exercises the functions and performs the the Conservator of Forests; where necessary the t
en used in relation to lands set apart an declared as State Forests, or Timber Reserves, includes lands that are separated only by a road or roads or by a watercourse, body of water or other natural feature;
rown kolding”---Land held under “The Land Acts, 1962 to 1963” as Agricultural Selection, Perpetual Country Lease,
igalow Lease, razing Selection, spetual Lease, ttlement Farm Le ud Holding or Special Lease or License granted in priority to a la
an expired Pastoral Lease, Grazing cm or Settlement Farm Lease and land held as Pr
ickly-pear Development Selection under “The Land Acts, 1910 to 1962” and “The Prickly-pear Land Acts, 1923 lo
1959” and land held as Stud Holding comprising land which was opened under the provisions of section 14a of “The Land Acts Amendment Act of 1927” or Forest Grazing Lease :
The term includes such other land, being land subject to any lease or license lawfully granted by the Crown, as may be prescribed by the Governor in Council by Order in Council;
“Crown land”-All land in ueensland, except Imd which is, for the time being-
(i) Lawfully granted or contracted to be granted in fee-simple (ii) Reserved for or dedicat
by the Crown; or
to public purposes; or
(iii) Subject to any lease or license lawfully granted by the declared as a State Forest, National Park serve or deemed so to be:
eld under an occupation license, other than an occupation license referred to in the definition
~lding ,~’ and an occupation license granted over a eserve or any part thereof, shall be deemed to be
“Crown land”;
“Department of Forestry” or “Department”-The Department of Forestry preserved, continued in existence and constituted under this Act: The term, where necessary, includes the Conservator of Forests;
Crown; or
rovided that Ian
6 1. 5 FORESTRY ACT 1959-1982
“Deputy Conservator of Forests”-The Deputy Conservator of Forests appointed or deemed to be appointed under this Act:
The term includes any person who for the time being occupies the ofice or exercises the functions and performs the duties of the Deputy Conservator of Forests;
‘6Destroy”-Used in relation to any tree, means cut down, fell, ringbark, push over, poison or destroy by any ~ e a n § whatso- ever;
“Environmental Park”-Lan set apart as an
Environmental Park ur). ~f 1962-1973;
“Forest E~ti~le ment &ea”-An area of land to which a reservation prescribed by section 14733 of the Land Act 1962-1974 relates;
“Forest officer”-Any forest officer appointed or deemed to be appointed under and for the purposes of this Act: The term includes the Conservator of Forests, Deputy Conservator Forests, Secretary and any person for the time being appoint under and for the purposes of this Act to act as, or to perform any of the duties of, a forest officer;
rest products”-All vegetable growth and material of vegetable origin whether living or dead and whether standing
QP fallen:
ation to a State Forest, Timber Reserve or Pored t Area the tern includes-
Entit (a) honey;
(b) all form of indigenous animal life;
(c)’ any nest, bower, shelter or structure of any form of indigenous animal life;
(d) fossil r e ~ a ~ s ~
(e) Aboriginal rema s, artifacts or h a ~ ~ ~ r ~ t of Aboriginal‘
(P)
relics;( g ) quarry materid:
origin or traces thereof;
The term does not include grasses (indigenous or introduced) or crops grown on a Crown holding by the lessee or by the fiwnsee or on a Forest ~ n ~ i ~ e m ~ ~ t Area by tha lessee or owner;
‘Y3et”-Used in relation to any forest products, includes get, win, cut, saw, fell, dig, gather, remove, convert, or obtain; and used in relation to any earth, soil, or quarry material, includes dig, gather, remove, convert, or obtain;
FORESTRY ACT 1959-1982 s. 5 7
“Interfere with”-Used in relation to any forest products, earth, soil, or quarry material, includes destroy, get, damage, mark, move, rase, or in any way interfere with;
“Land Administration Commission”---The Land Admin~stration Commission constituted for the time being pursuant to Part III of “The Land Acts and Other Acts Amendment Act oj 1959”;
“Land C ~ m ~ s s i o n e r ” - ~ h e Land Cornmissioner, appointed under
“The Land Acts, 1910 to 1959,” for the district in which the land in question is situated: The term includes an Acting Land Commissioner and a Deputy Land Commissioner for that district;
“ h c a1 Author i ty”-A al Autholrity constituted under “The Lucal 6overnment Acts, 1936 to 1958”: The term includes any Joint Local Authority, the Brisbane City Council con- stituted under “The City of Brisbane Acts, 1924 to 1958,”
and the corporation of The Commissioner of Irrigation and Water Supply constituted under “The ~ r r i g ~ ~ ~ o ~ and Wccter Supply ~ ~ m m i s s ~ o n Acts, 1946 to 1949,” and any other corporation constituted under any other Act where, pursuant to any Act, the corporation of The Commissioner of Irrigation and Water Supply or, as the case may be, other corporation is a Local Authority;
agistrates Court”-A istrates Cowt constituted under the Justices Act 1886-
“Management”-Includes control, regulation, construction, main- tenance and protection;
“Mining Acts”-“The Mining Acts, 18963 to 1955,” “The ~ i n i n g for Coal and mi^^^ Oil Acts, 1912 to 1941,” “The Petroleum Acts, 1923 to 1958,” “The Coal Mining Acts
1925 to 1952,” “The Mining on Private L a d Acts, 190 1956,” or any regulatims thereunder: Ikhe t e r n doels include “The Miners’ Homestead Leaires Acts, 1913 to
1957,” and the regulations thereunder;
inister”-The Minister for h c a l Government and Conservation or other Minister of the Crown for the time being charged with the a~ministration of this Act;
“National Park”--A National Park within the meaning of National Parks and ~ i lAct ~ 1975-1982; l ~ ~ ~
‘“O&cer”-The Conservator of Forests, Deputy Conservator Of Forests, the Secretary, any other forest officer, or any other officer appointed .or deemed to be appointed under and for the purposes of this Act: The term includes any persop who for the t ihe being occupies the office or exercises the functions and performs the duties of any such officer;
8 a 5 FO’RRESTRY ACT 1959-1982
“Order in Council”-An Order in Council made under or continued in force by this Act;
“Permit”-A permit granted under this Act and in force at the material time and, with reference to any particular provision of this Act, a permit of the description appropriate according to that provision;
“Place”-Includes any house, office, room, tent, building, erection, structure, premises (whether upon land or water), ship, vessel, vehicle or aircraft, and any road, street, thoroughfare, alley, right-of-way (whether public or private), and any land, whether public or private and whether enclosed or otherwise : The term also includes any part of any place;
“Prescribed”-Prescribed by this Act;
“Proclamationyy-A Proclamation made under or continued in force by this Act;
“Public purposes9’-Any objects or purposes included in the term
“Public purposes” wisthin the meaning of “The Land Acts, 1919 to 1959”;
“‘Quarry material”-Includes guano and any of the following materials, not being a mineral within the application of the Mining Acts, namely stone, gravel, sand, rock, clay, earth and soil;
ecreational purposes”-Any purpose other than a purpose of business;
“‘Regulations7’--legu~ations made under or continue^ in force by this Act;
66$ecretary’’-The Secretary to the ~ o n s e ~ a t o r of Forests and the Department, including any person who for the time being occupies the ofFIce or exercises the functions and performs the duties of the said Secretary;
“State Forest”-Band set apart and declared or deemed to be set apart and declared under this Act as a State Forest;
““Sock”--Cattle, horses, sheep, goats, or swine, or the young of any such animals;
his Act”-This Act and all Proclamations, Orders in Council, regulations, by-laws, and notifications made under or continued in force by this Act;
“Timber”--Includes the trunks, branches, stumps and roots of trees, whether standing or not, and all wood, whether or not the same is cut up, sawn, hewn, split, or otherwise fashioned;
FBKESTRY ACT 1959-1982 SF.. 6, 7 9
“Timber Reserve”-Land set apart and declared or deemed to be set apart and declared under this Act as a Timber Reserve;
“Trees”-Includes not only timber trees, but all other trees, and shrubs, bushes, seedlings, saplings, and re-shoots of every description and any parts thereof;
“Warden”-A warden appointed under “The Mining Acts, 1898
to 1955”: The term includes an acting warden under those Acts;
“Watercourse”--Includes any river, stream or creek (whether subject to tidal influence or not) in which water flows in a
natural channel, either per~anently, ~ t ~ ~ i t t e ~ t ~ y , or occasionally.
Any reference in this Act to a failure to do any act os thing includes a reference to a refusal or neglect to do that act or thing.
As amended by Act of 1964, No. 15, s. 2 ; Act of 1968, No. 33, s. 4; Act of 1971, No. 25, s. 2 , Act of 1973, No. 41, s. 28; Act of 1974, No, 33, s. 3; Act
Of 1975, MO. 12, S . 12 ( I ) ; Act Qf 1982, No. 73, S . 38.
ART IX-ADMINISTRATION AND FUNCTIONS
is Act. This Act shall, except as ot pro- by the Minister and, subject to the r, by the Conservator of Forests and other oflicers.
om time to time by the Governor ire Council.
this Act, every such appointee shall be appointed to an under, subject to, and in a ~ o r d ~ c e with “‘The Pubh 922 tQ 1958.”
t of Forestry of the Government of other appointment whatsoever, be de
appointed under “The Public Service Acts, 1922 to 1958,9’ and this Act as the first Conservator of Forests and shall hold oflice accordingly.
( 3 ) a~reslts. Any person appointed
to the ofice of Conservator of Forests shall hold a degree or diploma in forestry (or possess, if other qualifications in forestry are prescribed for the holder of that ofice, qualifications recognised by the Governor in Council as being equal to or higher than such other qualifications), shall have knowledge of and experience in the practice of forestry, and shall have administrative experience.
10 ss. 8, !3 FORESTRY ACT 1959-1982
e (1 ) ~ Q ~ eof ~Forests ~ tto obe CO ~ n S Q ~ . The Conservator of Forests shall be a corporation sole name and style of ‘“The Conservator of Forests” with perpetual succession and an official seal, and by that name shall be capable in law of suing and being sued, and of acquiring, holding, taking on lease, leasing, exchanging and disposing of property real and personal, movable and immovable, and of doing and suffering all such other acts, matters and things, as bodies corporate may by law do and suffer.
e Conservator of Forests, representing the Crown as such corpora- tion, shall have and may exercise, for all the purposes of this Act, all
the powers, privileges, rights and remedies of the Crown,
(2) JfUl motke of a ~ ~ o ~etc. t All Courts, Judges, justices, ~ ~ ~ ~ $ , and persons acting judicially shall take judicial notice of the appointment of the Conservator of Forests, the Deputy Conservator of Forests, and the Secretary, and of their respective signatures, and of the seal of the
~onservator of Forests affixed to any document, notice, or other writing whatsoever, and, until the contrary is proved, shall presume that any such signature or such seal, as the case may be, was duly affixed to any document, notice, or other writing whatsoever.
~ e ~ d ~ ~ ~ ~ e $ ~ $ ~ o rts snccce oard. (1) For the purpose of continuing the existence the Forestry Board c o ~ s t i t u t e ~ and incorporated by or for the purposes of the repealed Acts, that corporation-
(a) Shall be deemed to h been reconstituted and renamed by section eight of this
(b) Subject to section eight of this Act shall be deemed to continue in existence as so reconstituted and under its changed name.
nactment of section oever any rights or ed by the repealed Acts, QT render defective any legal proceedings by or against it, and any legal proceedings that might have been c o ~ e n c e d or continued by or against it as constituted and named by the said repealed Acts, may be commenced or continued by or against it undqr its change^ name and as reconstituted pur~uant to section eight of this hot, and all lands vested in, and all lands (including lands reserved or set apart and placed under its management), and all other property held by it as constituted by the said repealed Acts, shall continue vested in and held its changed name and as reconstituted by section eight of this ( 2 ) The repeal of the repealed Acts and
shall not affect or prej corporation as constitut
Act.
( 3 ) Reference in any Act or law, including any oclamation, Order ouncil, regulation, rule, by-law, ordinance or other instrument made, granted or issued under any Act, 01- in any contract, agreement, under- taking, mortgage, bond, security, lease, deed, covenant, or other dozurncnt,
~ s t r u m e n t ~ or writing whatsoever, to the Forestry Board howsoes7er
FORESTRY ACT 1959-1982 ss. 10, 8 1 1 1 constituted, or to the chairman or a member of such Board, or to the Director of Forests within the meaning of the repealed Acts, shall be read hereafter as a reference to the Conservator of Forests.
e ( 1 ) The Department of Forestry constituted of 1957” is hereby preserved, continued in existence, and under the same name constituted under this Act.
The repeal of “The Forestry Act of 1957’’ shall not affect the continuity or identity of the Department of Forestry.
That Department shall be constituted under and for of this Act by the Conservator of Forests and the other k i n g a ~ ~ o i n t e d under “‘The Public Service Acts, 1922
in office at the commencement of this Act or who have been so appointe
OR or after the commencement of this Act.
“‘The Pclblic Service Acts, 1922 to 1958,” to the
(2) (a) anent ., For the purposes of the a p ~ l i c ~ t i o n of
,
the Conservator of Forests shall be the permanent head of partment unless and until another person is defined by themnister, The Conservator of Forests shall e Minister for the administration by the r~gulations under those Acts to be that permanent head.
Department of this Act.
epartment of Forestry under the direction orests shall have such powers, functions, au and duties as are prescribed.
~~~~~~~~ (1) Subject to the
the ~ e p a r t m e n ~ of (i) The carrying out of d l matters of fores
(ii) With the object of m a ~ t a ~ n i n g as far as practicable supplies in perpetuity of timber and other forest
~ h e r e ~ r ~ ~ , the ~ ~ a g ~ ~ e n t of all §tats Forests. and Forest Entitlement Areas;
(iii) The classification, in conjunction tration Commission, of lands of
to d e t e r ~ ~ g which are suitable to be resew this Act for forestry purposes;
(iv) The control and disposal of forest products and material, the property of the Crown;
Cv) The undertaking of all silvicultural, protection, road and other works whatsoever, considered by the Conservator Forests to be necessary esirable to give effect to or to car out the objects of this or to discharge the Department’s duties and obligations under this Act or for any purpose incidental thereto, including the construction, e s t a ~ l i s h ~ e ~ t , improvement, operation, c ng out, and maintenance of those works;
12 s. 11 FORESTRY ACT 1059-1982
(vi) (Repealed).
(vii) The carrying out of surveys of all types necessary or cxpdient to give effect to or to carry out the objects of this Act;
(viii) The conduct of investigation and research into problems arising out of or related to the establishment, growth and protection of trees and forests, the construction and mainten- ance of forest roads and the cutting, snigging, loading and hauling of forest products, the processing, marketing, utilisation and identification of forest products (including but without limiting the generality hereof, investigation
research relating to or concerning anatomical, mechan and physical properties, preservation against attack biological organisms, economics of conversion of manu- factured products, and advisory services to the forest products industries), and the carrying on of any operation incidental or convenient for the exercise of the aforesaid functions;
(k) The getting and sale or disposal otherwise of timber and other forest products and quarry material including the construction and maintenance of any necessary roads;
(x) The collection of statistics relating to timber and other forest products;
(xi) The training of persons in forestry or any branch of forestry;
(xii) The determination of the areas of the State Forests and Timber Reserves from time to time existing which may be leased consistent with the objects of this Act, the utilisation of the grazing thereon by such means as the Conservator of Forests may deem desirable, and the carrying out and control of any works for the improvement of the grazing or productive capacity of any such %ate Forests and Timber Reserves;
(xiii) The publication or dissemination (orally or by writing or by any means of producing or transmitting light or sound or otherwise howsoever) of information or literature in relation to forestry or to the marketing or processing of all or any forest products or to any of the Department’s activities (including the preparation of displays for such purposes) ; (xiv) The making of such investigations and reports as it may
deem necessary or desirable to enable it to carry out or exercise any power, function, or authority conferred, or to
perform any duty imposed, upon the Conser by this Act, OH as may be required by the
(xv) The collection and recovery of all penalties, costs, expenses, charges, fees, royalties, stumpages, rents, and compensation and other moneys due or recoverable under this Act, and the expenditure of such moneys as are from time to time available for the purposes of this Act;
FORESTRY Am 1959- 1982 s. 12 13
(xvi) Generally the exercising of all powers, authorities, and functions, and the performing of all duties as prescribed, and the doing of all such other acts and things as it may consider necessary or desirable to give effect to or to carry out the objects of this Act.
(2) For the purposes of this Part, any act or duty which any forest officer or other officer, or any other person acting under the direction or superintendence of fhb: Conservator of Forests or any forest officer or other officer, is by or under this Act or any other Act or otherwise, authorised or required to do or perform shall be deemed to be an act or duty which the epartment is authorised or required to do or perform.
As amended by Act of 1968, No. 33, s. 5 ; Act of 1971, No. 25, s. 3; Act of 1974, No. 33, s. 4; Act of 1982, No. 73, s. 39.
c. ( 1 ) Subject to the ister, the Conservator of Forests may exercise all the powers, functions authorities and hall perform all the duties specifically conferred or imposed upon the epartment by this Act and shall have in addition such other powers, functions and authorities as are necessary or desirable to carry out the objects and purposes of this Act and in particular, but without limiting the generality of the foregoing, may from time to time for the purposes of this Act do all or any of the following things:--
(i> With the approval of the Minister acquire by agreement or take by resumpti05 freehold lands or easements over such land;
inister, sell, exchange, or other- wise dispose of any land or other property vested in or held by or deemed to be vested in or held by the Conservator of Forests and not required for the purposes of this Act;
(iii) With the approval of the Minister, release any easement over any land;
.(E)
With the approval of thechase or take on hire lant, r n ~ c h ~ e ~ , equip ther goods whatsoever;
ose of or let on hire plant, rnachin
er goods whatsoever vested in or held
,
equipment, or the Conservator,
reconvey, discha m o ~ g a ~ ~ s , securities, or into, modify, or alter any contract or agreement with of Forests;other obligations, either wholl
(viii) Erect, purchase, and take on lease buil accommodation (including houses and other
for officers a5d employees of the Conservator of Forests and their dependants) and repair, equip, furnish, and main- tain the same, ease buildings, office or other accommoda- tion in any b or any other structure or
rovemen men^
14 s. 12 FORESTRY ACT 1959-1982
to such persons (including officers and employees of the Conservator of Forests and their dependants) and for suc rent as he thinks proper;
(ix) Provide and or subsidise transport, accommodation, pro- visions, and amenities for officers and employees of the
epartment and their families;
(x) Endeavour to find or produce forest products required for industrial or any other purposes;
(xi) Advise persons on matters concerning the proper utilisation of any forest products and make such charges therefor as he may deem desirable;
(xii) Advise persons owning forests or desiring to establish forests on their own land as to the proper means to employ in establishing and managing such forests and make suc charges therefor as he may deem desirable;
pply trees for planting to Local Authorities, schools, ublic institutions, or other blic bodies, or to persobs generally upon such terms conditions, whether as to price or otherwise, as he may deem desirable;
(xiv) Prepare and make displays or exhibits illustrative of forestry or matters related thereto and acquire articles for the purposes thereof;
o anything incidental to any of his powers, functions, ar authorities.
( 2 ) ~~~$~~~~~~~ Qf ., The Conservator
of Forests-
(i) Shall carry out, exercise, and perform his powers, functions, authorities, and duties on behalf of the Crown; and
(ii) With respect to the carrying out, exercising, and performance of those powers, functions, authorities, and duties shall have the privileges, rights, and remedies of the Crown.
~~~~~~Q~ Of PQPeSk3 Q W ~ ~
QVH. ( a ) Unless otherwise expressly provided by this Act, all s and all real and personal property of every kind (including all oneys and securities for money) constructed, purchased, acquired, receiveb, or held in any manner by the Conservator of Forests for the purposes of this Act, shall be vested in the Conservator of Forests according to the nature of the estate or interest therein respectively.
(b) All works and I chattels of every kind constructed, purchased, acquired, received, or held howsoever by or on behalf of the Crown for or in connection with forestry purposes and held or used for or in connection with such purposes immediately prior to the commence- ment of this Act shall, by virtue of this Act and without any transfer or assignment thereof, pass to and become vested in the Conservator of Forests.
FORESTRY ACT 1959-1982 ss. 13, 14 15
(c) The Conservator of Forests may surrender to the Crown any property vested in or held by him pursuant to this Act.
s, etc. The Conservator of Forests shall furnish to the Minister whenever and such as the Minister may require, reports, estimates, accounts, vouchers and documents relating to any matters under the control or management of the Conservator of Forests or to the administration of this Act.
13.
,
etc. For the purpose of taking any land or easement over under and for the purposes of this Act, the Conservator ofForests shall be a constructing authority under “The ~ cqf ~ ~ ~ ~ ~ ~ j ~ ~
Land Act of 1967”.
Substituted by Act of 1967, No. 4, s. 3 (2), First Sch.
enter intap CO cas. (1) n e Conservator of Forests may enter into agreements or contracts, either by himself or through the medium of such officers or agents as the said Conservator of Forests from time to time authorises, for thhp carrying-out of the purposes of this Act.
(2) Where the Conservator of Forests is authorised to enter into any agreement or contract, such a u ~ 5 r i t y may be exercised as follows:-
Any agreement or contract which, if made between private persons, would by law be required to be in writing and under seal, may be made by the Conservator of Forests in writing and under his seal and signed by or ora behalf of the Conservator of Forests, and any such agreement or contrac~
may be varied or discharged in the same m a ~ e r ~ Any agreement or contract which, if made between. private persons, would by law be required to be in writing signed by the parties to be charged therewith may be made in writing signed by or on behalf of the onservator of Forests, and may be varied or discharged in the same manner;
Any agreement or contract which, if made between private persons, would by law be valid although not reduced into be made oral by or on behalf of the ay be varied or discharged
( 3 ) All agreements or contracts made according to the ~ ~ ~ v i s i o ~ ~ herein contained shall be effectual in law and shall be binding on tbe
Conservator of Forests and all other parties thereto, their successors, executors or administrators, as the case may be; and in case of default in the execution of any such a g r ~ e m e ~ t or contract, either by the Conservator of Forests or by m y other party thereto, such actions may be maintained thereon and such damages and costs recovered by or against o ~ e r v a t o ~ of Forests, or the other parties failing in the execution thereof, as might have been maintained and recovered if the same agreement or contract had been made between private persons only.
16 SS. 15-P7 F0,RESTRY ACT 1959-1982
me of plat. Without limiting his powers otherwise given to employ or contract with persons, the Conservator of Forests may employ or contract with persons for the construction, carrying out, improvement, maintenance, or other management of any works under or for the purposes of this Act and may make advances to or guarantee the liability of persons who purchase plant for the purpose of that employment or contract.
sts. (1) The of For fro to time, in re1 to any matters or class of matters or to any particular place, by instrument in writing under his seal, delegate to the Deputy Conservator of Forests, the Secretary or any other officer who~soever or any employee of the Depart- ment or any officer of the Crown all or any of his powers, functions, authorities, and duties under this or any other Act as may be specified in the instrument (other than this power of delegation) so that the delegated powers, functions, authorities, and duties may be exercised, or as the case may be, shall be performed by the delegate according as specified in the instrument.
(2) Where by or under this or any other Act the exercise of any power, function, or authority or the performance of a duty of the Conservator of Forests, is dependent upon the opinion, belief, or state of mind of the Conservator of Forests in relation to any matter, that power, function, or authority may be exercised or the duty performed, upon the opinion, belief, or state of mind of the person to whom it is delegated under this section.
w. Every delegation under this section ts at his will (and shall be revoked by him if the Minister so no delegation shall prevent the exercise of the delegated power, function, or authority, or the performance of the duty by the Conservator of Forests.
(4) Conservator of Forests may make such and so many delegations under this section and to such number of persons as he may consider necessary or desirable.
bY
acts of servator o
notwithstanding any defect in the appointment of any person as Con- servator of Forests, or that any such person was disqualified or ise entitle^
to act, be as valid as if every such person had been duly appointed and was qualified and entitled to act and had acted as the C o n s ~ r ~ a t ~ r of Forests
.
em The Governor in Council m nd for the purposes of this Act a
Conservator of Forests, a Secretary to the Conservator of Forests, and such and so many other forest officers and other officers as he deems necessary for the effectual execution of this Act.
FORESTRY ACli’ 1959-1982 s. 17 17
Every such appointee shall be appointed to hold his office under, subject to, and in accordance with “The Public Service Acts, 1922 to 1958.”
epaaty ~~~~~~~~~~ of Forests, (a) The Deputy Conservator of Forests shall hold a degree or diploma in forestry, shall have had knowledge of and experience in the practice of forestry and shail have administrative experience.
(b) The Deputy Conservator of Forests shall have and may exercise all such powers, €unctions, and authorities, and shall perform all such duties (including such of the powers, functions, authorities and duties of the Conservator of Forests) as may be prescribed, or, in so far as not prescribed, as the Conservator of Forests may direct either generally or in any special case.
~ ~bo act ~ as ~ s ~ s
the absence from
reason whatsoever of the Conservator of Forests, or in the event of a vacancy occurring in the office of the Conservator of Forests and until a new Conservator of Forests is appointed, the Deputy Conservator of Forests shall act as Conservator of Forests and while he so acts shall constitute the corpora~~on of the Conservator of Forests and shall have and may exercise all of the powers, functions, and authorities and shall perform all of the duties, of the Conservator of Forests (including the powers, functions, authorities and duties as permanent head of the Depart- ment of Forestry unless another person is then defined by the regulations under “The Public Service Acts, 1922 to 1958,” to be that permanent head)
Forests, there is no Deputy Conservator of Forests in oEce and available to act as Conservator of Forests, then the Governor in Council may appoint temporarily, by notification publis~ed in the Gazette, a person to act as the Conservator of Forests.
A person so appointed shall act as the Conservator of Forests during the period of the absence from duty or vacancy in the office of the Conservator of Forests for which the Deputy Conservator of Forests is not available to act as the Conservator of Forests and that person while acting as the Conservator of Forests shall constitute the corporation of the Conservator of Forests and shall have and may exercise all of the
functions, and authorities, and shall perform all sf the duties, of servator of Forests (including the powers, functions, authorities and duties as ~ e r ~ a n e ~ t head of the epartment of Forestry unless another person is then defined by the lations mder “The Public Service Acts, I922 to 1958,” to b hat permanent head).
puty Conservator of Forests or a person appointed to act as the Conservator of Forests has exercised any power, function, or authority, or has p e r f o r ~ e ~ any duty, of the Conservator of Forests shall, until the contrary is proved, be sufficient evidence of his authority to do so.
e fact that the
18 s. 1'7 FORESTRY ACT 1959-1982
(3) Secretary. ( a) The Secretary to the Conservator of Forests shall be a person who possesses knowledge of and has had experience in matters of forestry administration.
(b) The Secretary to the Conservator of Forests shall without further or other appointment be also the Secretary to the Department.
., The Secretary shall have custody of the official constituted by this Act and, subject to the Conservator of Forests, shall have power to execute documents on behalf of the corporation and to affix the official seal thereto, and shall also have and may exercise such other powers, authorities, and functions, and shall perform such other duties as may be prescribed, or, in so far as not prescribed, as the Conservator of Forests may direct either generally or in a particular case.
ring the absence from duty of the Secretary by reason of illness or leave of absence, an officer duly authorised in writing by the Conservator of Forests shall have custody of the official seal of the corporation and, subject to the Conservator of Forests, shall have power to execute documents on behalf of the corporation and to affix the official seal thereto.
cess. Every officer shall have and may exercise all such powers, functions and authorities, and shall perform duties as may be prescribed, or, in so far as not prescribed, as servator of Forests may direct either generally or in any special case.
e generality of the provisions of subsection one of this section, any appointment as forest officer, or as the case may be, other officer under that subsection may, if the Governor in Council deems it necessary or desirable, be made by the appointment as forest officer or, as the case may be, other officer of the holder for the time being of an office under the Crown in right of this State? specifying that office but without ~ a m ~ n g the holder; and in every such case each successive holder of the office in question and each person who for the time being occupies or performs the duties of that office shall, without further appointment or other a u t h ~ ~ t y and while he holds or occupies or performs the duties of that office, be a forest officer or other office as the ease may be, in terms of such appointment, and may hold bo
is office and such appointment in con~unctio~.
pursuance of this subsection.
he Governor in Council may at any time cancel any a
( 6 ) to; ;PIP dcexs. (a) The
Minister may by writing under his hand from time to time appoint under and for the purposes of this Act suck and so many persons as deemed necessary to act as forest officers.
FORIESmY ACT 1959-1982 s. 18 19
Any and every appointment of a person to act as forest officer may be limited as the inister thinks fit with respect to time, place, powers, functions and duties of a forest officer under this Act, or other circumstances:
Provided that in any and every case the appointment to act as
forest officer shal inister and may be
terminated by the
may be prescrib the appointee may resi his appointment addressed to the
e held at the pleasure of the nister at any time:
Provided further that, subject toesuch pr~visions in that
(b) All limitations, if any, imposed in this subsection shall be specified in
ect of any a ~ ~ o ~ n t ~ e n E writing by which that
inister may by writing under his appoint under md for the purpos
Q ~ S as deemed necessary Eo be
leasure of the onorary Rangers shall have such powers, functions an
as may be prescribed.
erso Any forest officer, in addition m time to time devolve upon him ( i ) Call to his aid any member of the e Force where hts has reasonable cause to apprehend obstruction in the exercise of his powers or in the ~ x e c ~ t i o n of his duties;
by any person ha may think
~ompetent to assist him in making any inspection or examination;
inquiry as may be necessary f this Act have been person or in respect e, Forest Entitlement
material, the p r o p r t j sf the Crs.wn;
estion, with respect to matters under this Act, the owner or occupier of any place, every person whom he finds in any place, and every person who has been within the PJ-P
ceding six months employed in or on any place to ascertain whether this Act has been or is being c o ~ p l i e ~ with, and require any such person to answer the questions put and to sign a declaration of the truth of his answers;
20 6. 18 FORESTRY ACT 1959-1982
(v) Require the production of any license, permit, or other authority granted or agreement or contract made under and for the purposes of this Act and of any book, notice, record, list, or writing which by this Act is required to be had or kept or which is in his opinion material to any inquiry under paragraph (ii) of this subsection, and inspect, examine, and take copies of or extracts from the same;
(vi) At any time, search and examine all containers, vehicles, vessels, or other receptacles for holding or transporting any forest products or quarry material or reasonably suspected so to be, and for that purpose the forest officer may require the owner or person in charge thereof to open any such container, vehicle, vessel, or other receptacle, as the case may be, and expose its contents to view;
ubjest to subsection 4 3 ) of this section, between sunrise and sunset enter and inspect any place wherein he reasonably suspects are any forest products or quarry material got or interfered with or that he reasonably suspects have been got or interfered with contrary in any respect to this Act and seize, take away and detain forest products and quarry material found therein, and the vehicle or vessel wherein the same are found, and any equipment or gear that he reason- ably suspects was used in getting or interferi~g with the forest products or quarry material, and secure the same pending proceedings; and
(viii) Exercise such other owers, functions and authorities as may be prescribed.
~ r e ~ s , Any forest (i) Finds any person committing or who reasonably sus
any person of having committed an offence against this or
(ii) Is making inquiries or investigations with a view to establish- ing whether or not an offence against this Act has been committed by any person; or
(iii) Is of the opinion that the name and address of any person is required for the purpose of giving effect to any provision of this Act, or for the purpose of enabling him to carry out his powers and duties under this Act,
may require such person to state his na e and address, or name address, and, if he has reasonable ground to suppose that the name an
dress^
or name.or address, given is false, may require evidence of the correctness thereof.( 3
1
efore a forest oEcer enters any part of a place, which part is being used as a dwelling at the time the entry is to be made, he shall, save where he has permission of the occupier of that part to his entry, obtain from a justice a warrant to enter.FORE’STRY ACT 1959-1 382 ES. 19-21 21
This subsection does not apply in respect of thc curtilage of any (4) A justice who is satisfied upon the complaint of a forest officer ( a ) that. there are in any place forest products or quarry material;
(b) that such forest products or quarry material have been got may issue his warrant directed to the forest officer to enter the place specified in the warrant for the purpose of his exercising therein and with respect thereto the powers conferred on a forest officer by this section.
(5) A warrant issued under subsection (4) of this section shall be, of one month from its issue, sufficient authority-
(a) to the forest officer to whom it is directed and to all persons acting in aid of him to enter the place specified in the warrant; an
(b) to the forest officer to whom it is directed to exercise in respect sf the place specified in the warrant all the powers conferred on a forest officer by this section.
As amended by Act of 1968, No. 33, s. 6; Act of 1971, No. 25, s. 4, Act
premises.
that there is reasonable cause to suspect- and
or interfered with contrary in any respect to this Act,
of 1974, No. 33, s. 5 ; Act of 1982, No. 73, s. 40.
oyees. The Conservator of Forests may from time to time employ such and so many employees as may be necessary for the exercise by the Conservator of Forests or the Department of his or its functions and the pe~ormance sf his or its duties under this Act and may at any time determine any such employment.
es e ~ c ~ ~ s ~ ( I ) For the purposes of this Act the Conservator of Forests may, from time to time, but subject to any applicable provisions of “The ~~~~~c ervice Acfs, 1922 tor 1958,”
establish branches or agencies of the partment, and may close any ranch or agency.
e ~ o n s e ~ a t o r of Forests may appoint any ting the generalit of the aforementioned partment of the overnment of this Stat request of the Conservator of Forests and with the a Minister of the Crown charged with the a~ministration ment of which be is an officer, act as such agent, and subject to such powers, conditions
such request and approved of by that.
as his agent.
limitations as are contained in I. cers p11 Bra ber, etc. No officer in his personal capacity shall become in any way concerned or interested in any lease, permit, or license, or other similar right or authority granted under this Act
22 ss. 22-22a FORESTRY ACT 1959-1 982
or under any enactment repealed by this Act or in any contract or agreement made under or for any of the purposes of this Act or in anywise participate or claim to be entitled to participate in the profit thereof or in any benefit or emolument arising therefrom:
Provided however that an officer may, with the consent in writing of the Conservator of Forests first had and obtained, purchase, on such terms as the Conservator of Forests deems fit, forest products and quarry material the property of the Crown for his own personal use and
en joy men t
cers. Any officer holding any auction under or for the purposes of this Act may hold that auction without an auctioneer’s kenso under “The Auctioneers ~ n d Commission Agenits Acts, 1922 to 1953.”
PART PfA-TIMBER RESEARCH AND ~ E V ~ ~ Q P M E ~ ~ h V I S Q R Y
CQUNCILS
ivision I-Timber Iopment Advisory Council of
2 ~ .
~~~~~~~~~~~~.
( I ) There is established, and the hereafter be constituted a b d y called the ““TimberDevelopment Advisory Council of South and Central Queensland”.
(2) The T h b e A ~ ~ Couacil i s ~ ~
sf South and Central be a body corpur-
ate with perpetual succession and a on seal and, subject to ithis
Act, shall be capable
in
law of suing and being sued, of c ~ ~ p ~ u ~ ~ ~ ~ or proving in any court of competent jurisdiction all &bts and sums ~fmoney due to it and wf acquiring, holding, demising and alienating property and of doing and suffering all such acts and things its bodies copmake hmay in law do and suffer.
(3) AI?. courts and persons acting judicially shall take judicial notice of the common se d and until the contrary is proved, shall presume that it was duly .fixed to any dwument on which it appears.
Headings inserted by Act of 1974, No. 33, s. 6.
s. 2 2 ~ inserted by Act of 1974, No. 33, s. 6 .
(1) The Timber Research and ~ e v e l o ~ ~ ~ n ~ Advisory and Central Queensland shall consist of a chairman and nine other members.
inister by n ~ f i c a t i ~ n
~ u ~ l i s h e ~ in the Gazette after considering a panel of at least two names nominated jointly by such associations, boards or bodies as are pre- scribed from time to time for the purposes of this subsection by notification published in the Gazette.
(2) The chairman shall be appointed by the
