{"id":"forestry-act-1950","name":"Forestry Act 1950","slug":"forestry-act-1950","collection":"act","jurisdiction":"sa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":32891,"registerId":"sa-forestry-act-1950-current","compilationNumber":null,"startDate":"2026-04-01","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Forestry Act 1950","content":"South Australia\nForestry Act 1950\nAn Act to provide for the creation and management of State forests and other related matters.\n\nContents\nPart 1—Preliminary\n1\tShort title\n2\tInterpretation\nPart 2—Declaration of forest reserves and native forest reserves\n3\tForest reserves and native forest reserves\nPart 3—Administration\n8\tMinister may delegate\n8A\tForest wardens\n8B\tIdentity cards\n8C\tPowers of forest warden\n8D\tSeizure and forfeiture of things used in or furnishing evidence of offences\n8E\tFalse representation\nPart 4—Management of forests and disposal of products\n9\tControl of forest reserves\n9A\tManagement of native forest reserves\n10\tLeases of forest reserves\n11\tLicences and other interests in forest reserves\n12\tPlanting and milling of timber\n13\tSale of timber\n16\tForest reserves cannot be sold\n17\tPrevention of fire\n18\tInjury to forest reserves\nPart 5—Miscellaneous\n19A\tEvidentiary\n21\tRegulations\nLegislative history\n\nThe Parliament of South Australia enacts as follows:\nPart 1—Preliminary\n1—Short title\nThis Act may be cited as the Forestry Act 1950.\n2—Interpretation\n\t(1)\tIn this Act, unless the context otherwise requires, or some other meaning is clearly intended—\nCorporation means South Australian Forestry Corporation established under the South Australian Forestry Corporation Act 2000;\nCrown lands means Crown lands as defined in the Crown Lands Act 1929;\nforest reserve means land declared by proclamation under this Act to be a forest reserve;\nforest warden means—\n\t(a)\ta person appointed to be a forest warden under this Act; or\n\t(b)\ta member of the police force;\nnative forest reserve means a forest reserve, or part of a forest reserve, declared by proclamation under this Act to be a native forest reserve;\nproperty means real and personal property.\n\t(2)\tA reference to the Conservator of Forests in any Act, regulation, rule, by-law, document or writing of any kind is to be read, where the context admits, as a reference to the Corporation.\nPart 2—Declaration of forest reserves and native forest reserves\n3—Forest reserves and native forest reserves\n\t(1)\tThe Governor may, by proclamation—\n\t(a)\tdeclare any Crown lands to be a forest reserve; or\n\t(b)\tfor purposes relating to the conservation, development and management of land supporting native flora and fauna, declare a forest reserve, or part of a forest reserve, to be a native forest reserve; or\n\t(c)\tassign a name to a forest reserve, or native forest reserve.\n\t(2)\tA proclamation declaring a forest reserve or part of a forest reserve to be a native forest reserve must contain a statement of the purposes for which the native forest reserve is established.\n\t(3)\tThe Governor may, by subsequent proclamation, vary or revoke a proclamation under subsection (1).\n\t(4)\tIf, by virtue of a proclamation under this section, land that constitutes the whole or a part of a native forest reserve ceases to be such a reserve or to be within such a reserve, the Minister must cause a copy of the proclamation and a statement of the reasons for making the proclamation to be laid before both Houses of Parliament.\n\t(5)\tA proclamation to which subsection (4) applies does not have effect—\n\t(a)\tuntil fourteen sitting days of each House of Parliament have elapsed after a copy of the proclamation is laid before each House; and\n\t(b)\tif, within those fourteen sitting days a motion for disallowance of the proclamation is moved in either House of Parliament—unless and until that motion is defeated or withdrawn, or lapses.\n\t(6)\tLand that ceases to be native forest reserve does not, by reason only of that fact, cease to be forest reserve, but if land ceases to be forest reserve it will (if it was formerly native forest reserve) cease also to be native forest reserve.\nPart 3—Administration\n8—Minister may delegate\n\t(1)\tThe Minister may delegate any of his or her functions, powers or duties under this Act (except this power of delegation)—\n\t(a)\tto a particular person or body; or\n\t(b)\tto the person for the time being occupying a particular office or position.\n\t(2)\tA delegation under this section—\n\t(a)\tmust be by instrument in writing; and\n\t(b)\tmay be absolute or conditional; and\n\t(c)\tdoes not derogate from the power of the delegator to act in any matter; and\n\t(d)\tis revocable at will by the delegator.\n8A—Forest wardens\n\t(1)\tThe Minister may, by instrument in writing, appoint any person to be a forest warden under this Act.\n\t(2)\tA forest warden will be appointed for such term as may be specified in the instrument of appointment.\n\t(3)\tThe Minister may, in the instrument of appointment, authorise the forest warden to exercise powers in respect of the whole, or any specified portion, of the State.\n\t(4)\tWhere the authority of a forest warden is limited by the instrument of appointment to any specified portion of the State, the powers conferred on him or her are exercisable only within that portion of the State.\n8B—Identity cards\nThe Minister must issue to each person appointed by the Minister to be a forest warden under this Act an identity card stating the name of the person and that he or she is a forest warden under this Act.\n8C—Powers of forest warden\n\t(1)\tSubject to this section, a forest warden may for the purpose of the administration and enforcement of this Act—\n\t(a)\trequire any person whom he or she finds committing, or whom he or she suspects on reasonable grounds of having committed, an offence against this Act, to state his or her full name and usual place of residence; or\n\t(b)\trequire any person whom he or she finds committing, or whom he or she suspects on reasonable grounds of having committed, an offence against this Act on forest reserve to leave that forest reserve; or\n\t(c)\tenter and search any land, building, structure, vehicle, vessel or place in which he or she suspects on reasonable grounds that there is anything that is likely to afford evidence of an offence against this Act and, for the purpose of making any such entry and search in relation to a vehicle or vessel, require the person in charge to stop the vehicle or vessel; or\n\t(d)\trequire any person whom he or she suspects on reasonable grounds of having done any act for which that person is required to hold a permit under this Act to produce the permit.\n\t(2)\tA forest warden cannot exercise the powers conferred by subsection (1)(c) except upon the authority of a warrant issued by a justice unless he or she believes upon reasonable grounds that in the circumstances of the case urgent action is required.\n\t(3)\tA person must not fail to comply with a requirement made of him or her by a forest warden under this section.\nMaximum penalty: $2 500.\n\t(4)\tA person must not hinder a forest warden in the exercise of powers or functions under this Act.\nMaximum penalty: $2 500.\n\t(5)\tA person must not use abusive, threatening or insulting language to a forest warden exercising powers or functions under this Act.\nMaximum penalty: $2 500.\n\t(6)\tA person must not assault a forest warden exercising powers or functions under this Act.\nMaximum penalty: $10 000 or 2 years imprisonment.\n\t(7)\tA forest warden may arrest without warrant any person—\n\t(a)\twho fails to comply with a requirement lawfully made of that person by a forest warden under subsection (1)(a) or (1)(b); or\n\t(b)\twho hinders or assaults a forest warden in the exercise of powers or functions under this Act.\n\t(8)\tUpon arresting any person in pursuance of this section, a forest warden must forthwith convey the person, or cause him or her to be conveyed, to the nearest police station.\n\t(9)\tA forest warden must upon demand by any person in relation to whom the warden is exercising or proposing to exercise powers under this Act produce his or her identity card or, where the forest warden is a member of the police force not in uniform, his or her certificate of authority, for inspection by that person.\n\t(10)\tA forest warden may, if he or she believes upon reasonable grounds that in the circumstances of the case the assistance of another person is needed and that it is not practicable to obtain the assistance of another forest warden, request any other suitable person to assist the warden in the exercise of powers under this Act.\n\t(11)\tA person, while assisting a forest warden in response to a request for assistance by the forest warden, has, and may exercise, all such powers of a forest warden under this Act as are reasonably necessary for the purpose.\n8D—Seizure and forfeiture of things used in or furnishing evidence of offences\n\t(1)\tA forest warden may seize anything that the warden suspects on reasonable grounds—\n\t(a)\thas been used in the execution or furtherance, or intended execution or furtherance, of an offence against this Act; or\n\t(b)\tfurnishes evidence of the commission of an offence against this Act.\n\t(2)\tIf a living animal is seized under this section, it may be released from captivity.\n\t(3)\tIf anything has been seized under this section and—\n\t(a)\tproceedings are not instituted for an offence against this Act that is related to the thing seized within three months of its seizure; or\n\t(b)\tproceedings have been so instituted, but the thing seized is not ordered to be forfeited to the Crown,\nthe person from whom it was seized is entitled to recover it, or, if it has been destroyed or damaged or has deteriorated, to recover from the Minister, by action in any court of competent jurisdiction, compensation for the loss suffered.\n\t(4)\tA court, on convicting any person of an offence against this Act may, if it thinks fit, in addition to imposing any penalty, order that anything seized under this section that related to the commission of the offence be forfeited to the Crown.\n\t(5)\tAnything forfeited to the Crown will be disposed of in such manner as the Minister may direct, and, if sold, the proceeds of the sale must be paid into the Consolidated Account.\n8E—False representation\nA person must not, by words or conduct, falsely represent that he or she is a forest warden.\nMaximum penalty: $2 500 or 6 months imprisonment.\nPart 4—Management of forests and disposal of products\n9—Control of forest reserves\nSubject to this Act, the Corporation has the control and management of every forest reserve.\n9A—Management of native forest reserves\nNotwithstanding any other provision of this Act, the Corporation must manage a native forest reserve having regard to the purposes for which it was established and must endeavour to ensure that no operations are undertaken on the reserve that are inconsistent with those purposes.\n10—Leases of forest reserves\nThe Corporation may grant, on such terms and conditions as the Corporation thinks fit, a lease of the whole or any part of any forest reserve, being land which is not required for operations carried on by the Corporation under this Act.\n11—Licences and other interests in forest reserves\nThe Corporation may grant, on such terms and conditions as the Corporation thinks fit, a licence, easement or any other interest in or over the whole or any part of a forest reserve.\n12—Planting and milling of timber\nThe Corporation may—\n\t(a)\tplant any forest reserve with trees;\n\t(b)\ttake any action necessary or convenient to be taken to protect any trees in a forest reserve and ensure their proper growth;\n\t(c)\testablish, maintain, and operate mills, plant and machinery for the milling and treatment of such trees and timber.\n13—Sale of timber\nThe Corporation may sell or otherwise dispose of any trees or timber produced in forests under the control and management of the Corporation and any mill products produced in the milling or treatment of those trees or timber.\n16—Forest reserves cannot be sold\nNothing in this Act authorises the Corporation to sell a forest reserve or part of a forest reserve.\n17—Prevention of fire\n\t(1)\tIn this section—\nauthorised person means the Corporation, or any person authorised by the Corporation to take action under this section.\n\t(2)\tFor the prevention of fire, an authorised person may cut down, destroy or remove trees, scrub or inflammable material of any kind on any road adjoining a forest reserve.\n\t(3)\tBefore taking any action under subsection (2) on a road within the area of a council, the authorised person must give the council notice of intention to do so, and must consider any representations made to the authorised person by the council within one month after the giving of the notice.\n\t(4)\tCompensation is not payable to a council or any other person for any tree, scrub or material cut down, destroyed or removed under this section.\n\t(5)\tThe authorised person must make good any damage caused by the authorised person to any fence or other property by anything done under this section, and must remove from the road or otherwise dispose of any logs, branches or debris arising from action taken under this section.\n18—Injury to forest reserves\n\t(1)\tA person who without the consent of the Corporation injures, destroys or interferes with any property belonging to, or under the control or management of, the Corporation is guilty of an offence.\nMaximum penalty: $2 500 or 6 months imprisonment.\n\t(2)\tIf any such property is injured or destroyed by an animal, the owner of the animal will be taken to have injured or destroyed that property unless he or she proves that the injury or destruction was caused by the wilful or negligent act of some other person.\n\t(3)\tThe court by which a person is convicted of an offence against this section may order that person to pay to the Corporation compensation for the damage done.\nPart 5—Miscellaneous\n19A—Evidentiary\n\t(1)\tIn any proceedings for an offence against this Act, any permit under this Act and the conditions to which the permit is or was subject may be proved by production of a copy of the permit.\n\t(2)\tIn any proceedings for an offence against this Act, an apparently genuine document purporting to be a copy of a permit granted under this Act and to be signed by an officer authorised to grant such a permit will be taken to be a copy of such a permit in the absence of proof to the contrary.\n\t(3)\tIn any proceedings for an offence against this Act, if it is alleged—\n\t(a)\tthat a person was at the relevant time a forest warden; or\n\t(b)\tthat the act or omission subject to the charge related to or took place on specified forest reserve land,\nthe matter alleged will be taken to be proved in the absence of proof to the contrary.\n21—Regulations\n\t(1)\tThe Governor may make such regulations as are contemplated by, or necessary or expedient for the purposes of, this Act.\n\t(2)\tWithout limiting the generality of subsection (1), the regulations may—\n\t(a)\tprovide for the control, management and protection of forest reserves and all other property belonging to, or under the control or management of, the Corporation;\n\t(b)\tprohibit or regulate access to, use of or conduct on land belonging to, or under the control or management of, the Corporation;\n\t(c)\tprovide for the grant by the Corporation of permits to enter or use land belonging to, or under the control or management of, the Corporation and for the revocation of such permits;\n\t(d)\tprovide for the imposition of conditions on permits and the variation of such conditions;\n\t(e)\tfix fees for permits;\n\t(f)\tfix expiation fees (not exceeding $105) for alleged offences against the regulations;\n\t(g)\timpose penalties (not exceeding $750) for offences against the regulations.\n\t(3)\tRegulations under this Act—\n\t(a)\tmay be of general application or limited application;\n\t(b)\tmay make different provision according to the matters or circumstances to which they are expressed to apply;\n\t(c)\tmay provide that a matter or thing in respect of which regulations may be made is to be determined according to the discretion of the Minister or the Corporation.\nLegislative history\nNotes\n\t•\tPlease note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.\n\t•\tEarlier versions of this Act (historical versions) are listed at the end of the legislative history.\n\t•\tFor further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.\nPrincipal Act and amendments\nNew entries appear in bold.\nYear\nNo\nTitle\nAssent\nCommencement\n1950\n17\n Forestry Act 1950\n2.11.1950\n2.11.1950\n1956\n27\n Forestry Act Amendment Act 1956\n15.11.1956\n15.11.1956\n1974\n119\n Forestry Act Amendment Act 1974\n5.12.1974\n29.5.1975 (Gazette 29.5.1975 p2083)\n1981\n84\n Forestry Act Amendment Act 1981\n3.12.1981\n21.1.1982 (Gazette 21.1.1982 p152)\n1994\n34\n Forestry (Abolition of Board) Amendment Act 1994\n2.6.1994\n9.6.1994 (Gazette 9.6.1994 p1668)\n2000\n58\n South Australian Forestry Corporation Act 2000\n20.7.2000\n1.1.2001 (Gazette 16.11.2000 p3196)\n2003\n44\n Statute Law Revision Act 2003\n23.10.2003\nSch 1—24.11.2003 (Gazette 13.11.2003 p4048)\n2009\n84\n Statutes Amendment (Public Sector Consequential Amendments) Act 2009\n10.12.2009\nPt 64 (s 159)—1.2.2010 (Gazette 28.1.2010 p320)\nProvisions amended since 3 February 1976\n\t•\tLegislative history prior to 3 February 1976 appears in marginal notes and footnotes included in the consolidation of this Act contained in Volume 4 of The Public General Acts of South Australia 1837-1975 at page 312.\nNew entries appear in bold.\nEntries that relate to provisions that have been deleted appear in italics.\nProvision\nHow varied\nCommencement\nLong title\namended by 34/1994 Sch\n9.6.1994\nPt 1\nheading inserted by 44/2003 s 3(1) (Sch 1)\n24.11.2003\ns 2\n\n\ns 2(1)\ns 2 redesignated as s 2(1) by 84/1981 s 3(d)\n21.1.1982\nthe board\ndeleted by 34/1994 s 3(a)\n9.6.1994\nChief Executive Officer\ninserted by 34/1994 s 3(a) \n9.6.1994\n\ndeleted by 58/2000 Sch 2\n1.1.2001\nthe Conservator\ndeleted by 84/1981 s 3(a)\n21.1.1982\nCorporation\ninserted by 58/2000 Sch 2\n1.1.2001\nCrown lands\namended by 34/1994 Sch\n9.6.1994\nthe Director\ninserted by 84/1981 s 3(b)\n21.1.1982\n\ndeleted by 34/1994 s 3(b)\n9.6.1994\nforest reserve\nsubstituted by 84/1981 s 3(b)\n21.1.1982\nforest warden\ninserted by 84/1981 s 3(b)\n21.1.1982\n\nsubstituted by 34/1994 s 3(c)\n9.6.1994\nthe Minister\ndeleted by 34/1994 s 3(d)\n9.6.1994\nnative forest reserve\ninserted by 84/1981 s 3(c)\n21.1.1982\ns 2(2)\ninserted by 84/1981 s 3(d)\n21.1.1982\n\namended by 34/1994 s 3(e), Sch\n9.6.1994\n\namended by 58/2000 Sch 2\n1.1.2001\nss 2A—2C\ndeleted by 84/1981 s 4\n21.1.1982\nPt 2\nheading inserted by 44/2003 s 3(1) (Sch 1)\n24.11.2003\ns 3\nsubstituted by 84/1981 s 4\n21.1.1982\ns 3(2)\namended by 34/1994 Sch\n9.6.1994\ns 3(4)\nsubstituted by 34/1994 s 4\n9.6.1994\ns 3(5) and (6)\namended by 34/1994 Sch\n9.6.1994\ns 3(7)\ndeleted by 34/1994 Sch\n9.6.1994\nss 4 and 5\ndeleted by 34/1994 s 5\n9.6.1994\ns 6\namended by 84/1981 s 5\n21.1.1982\n\ndeleted by 34/1994 s 5\n9.6.1994\ns 7\namended by 84/1981 s 6\n21.1.1982\n\ndeleted by 34/1994 s 5\n9.6.1994\nPt 3\nheading preceding s 8 deleted and Pt 3 heading inserted by 44/2003 s 3(1) (Sch 1)\n24.11.2003\ns 8\namended by 84/1981 s 7\n21.1.1982\n\nsubstituted by 34/1994 s 6\n9.6.1994\n\nsubstituted by 58/2000 Sch 2\n1.1.2001\ns 8A\ninserted by 84/1981 s 8\n21.1.1982\ns 8A(2)—(4)\namended by 34/1994 Sch\n9.6.1994\ns 8A(5)\ndeleted by 34/1994 s 7\n9.6.1994\ns 8B\ninserted by 84/1981 s 8 \n21.1.1982\n\nsubstituted by 34/1994 s 8\n9.6.1994\ns 8C\ninserted by 84/1981 s 8\n21.1.1982\ns 8C(1) and (2)\namended by 34/1994 Sch\n9.6.1994\ns 8C(3)\namended by 34/1994 s 9(a), Sch\n9.6.1994\n\namended by 58/2000 Sch 2\n1.1.2001\ns 8C(4)\namended by 34/1994 s 9(b), Sch\n9.6.1994\n\namended by 58/2000 Sch 2\n1.1.2001\ns 8C(5)\namended by 34/1994 s 9(c), Sch \n9.6.1994\n\namended by 58/2000 Sch 2\n1.1.2001\ns 8C(6)\namended by 34/1994 s 9(d), Sch\n9.6.1994\n\namended by 58/2000 Sch 2\n1.1.2001\ns 8C(7)—(11)\namended by 34/1994 Sch\n9.6.1994\ns 8D\ninserted by 84/1981 s 8\n21.1.1982\n\namended by 34/1994 Sch\n9.6.1994\ns 8E\ninserted by 84/1981 s 8\n21.1.1982\n\namended by 34/1994 s 10, Sch\n9.6.1994\n\namended by 58/2000 Sch 2\n1.1.2001\ns 8F\ninserted by 34/1994 s 11\n9.6.1994\n\ndeleted by 84/2009 s 159\n1.2.2010\nPt 4\nheading preceding s 9 deleted and Pt 4 heading inserted by 44/2003 s 3(1) (Sch 1)\n24.11.2003\ns 9\namended by 34/1994 Sch\n9.6.1994\n\namended by 58/2000 Sch 2\n1.1.2001\ns 9A\ninserted by 84/1981 s 9\n21.1.1982\n\namended by 34/1994 Sch\n9.6.1994\n\namended by 58/2000 Sch 2\n1.1.2001\ns 10\ns 10(1) amended and redesignated as s 10 by 34/1994 s 12(a), Sch\n9.6.1994\n\namended by 58/2000 Sch 2\n1.1.2001\ns 10(2)\ndeleted by 34/1994 s 12(b)\n9.6.1994\ns 11\namended by 84/1994 s 8 \n1.1.2001\n\nsubstituted by 34/1994 s 13\n9.6.1994\n\namended by 58/2000 Sch 2\n1.1.2001\ns 12\namended by 34/1994 s 14\n9.6.1994\n\namended by 58/2000 Sch 2\n1.1.2001\ns 13\namended by 84/1981 s 11\n21.1.1982\n\nsubstituted by 34/1994 s 15\n9.6.1994\n\nsubstituted by 58/2000 Sch 2\n1.1.2001\ns 14\namended by 34/1994 Sch\n9.6.1994\n\ndeleted by 58/2000 Sch 2\n1.1.2001\ns 15\ndeleted by 34/1994 s 16\n9.6.1994\ns 16\namended by 34/1994 s 17, Sch\n9.6.1994\n\nsubstituted by 58/2000 Sch 2\n1.1.2001\ns 16A\ninserted by 84/1981 s 12\n21.1.1982\n\namended by 34/1994 Sch\n9.6.1994\n\ndeleted by 58/2000 Sch 2\n1.1.2001\ns 17\n\n\ns 17(1)\n\n\nauthorised person\namended by 58/2000 Sch 2\n1.1.2001\ns 17(3)\nsubstituted by 34/1994 Sch \n9.6.1994\n\namended by 58/2000 Sch 2\n1.1.2001\ns 17(4)\namended by 34/1994 Sch\n9.6.1994\ns 17(5)\namended by 34/1994 Sch\n9.6.1994\n\namended by 58/2000 Sch 2\n1.1.2001\ns 18\n\n\ns 18(1)\namended by 34/1994 s 18\n9.6.1994\n\namended by 58/2000 Sch 2\n1.1.2001\ns 18(2)\namended by 34/1994 Sch\n9.6.1994\ns 18(3)\namended by 58/2000 Sch 2\n1.1.2001\ns 19\namended by 84/1981 s 13\n21.1.1982\n\namended by 34/1994 s 19, Sch\n9.6.1994\n\ndeleted by 58/2000 Sch 2\n1.1.2001\nPt 5\nheading preceding s 19A deleted and Pt 5 heading inserted by 44/2003 s 3(1) (Sch 1)\n24.11.2003\ns 19A\ninserted by 84/1981 s 14\n21.1.1982\ns 19A(2) and (3)\namended by 34/1994 Sch\n9.6.1994\ns 20\ndeleted by 34/1994 s 20\n9.6.1994\ns 21\namended by 84/1981 s 15\n21.1.1982\n\namended by 34/1994 s 21, Sch\n9.6.1994\n\nsubstituted by 58/2000 Sch 2\n1.1.2001\ns 22\ndeleted by 84/1981 s 16\n21.1.1982\nTransitional etc provisions associated with Act or amendments\nForestry (Abolition of Board) Amendment Act 1994\n22—Transitional provision\nThe assets and liabilities of the Minister of Forests are vested in the Minister.\nHistorical versions\nReprint No 1—1.7.1991\n\nReprint No 2—9.6.1994\n\nReprint No 3—1.1.2001\n\nReprint No 4—24.11.2003\n\n","sortOrder":0}],"analysis":{"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope assessment is not possible — no legislative content was provided. The page returned was an error page from the SA legislation website, not the text of the Forestry Act 1950."},"complexity_factors":["No legislative content was retrievable — the source URL returned a 404 'Page Not Found' error","The complexity score of 1 reflects the absence of analysable material, not the simplicity of the Act itself","The actual Forestry Act 1950 (SA) may be significantly more complex — this score cannot reflect that"],"plain_english_summary":"## ⚠️ Content Unavailable\n\nThe legislation content for the **Forestry Act 1950 (SA)** could not be retrieved. The link provided returned a **'Page Not Found'** error from the South Australian legislation website.\n\nThis appears to be caused by a website migration that occurred around **24 March 2026**, which broke older bookmarks and hyperlinks to SA legislation.\n\n### What we do know:\n- This is a **South Australian Act** (state law, not federal)\n- It dates from **1950**, suggesting it is long-standing legislation governing forestry in South Australia\n- To access the actual text, visit [www.legislation.sa.gov.au](https://www.legislation.sa.gov.au) and search directly for the Forestry Act 1950\n- You can also report broken links to **OPCWeb@sa.gov.au**\n\n### What this means for you:\nNo meaningful legal analysis can be provided without the actual legislative text. Please retrieve the current version of the Act directly from the SA legislation website before relying on any summary."},"issue_detection":{"absurdities":[],"contradictions":[]},"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"Yes. The original 1950 Act established State forests and basic management structures. Subsequent amendments shifted operational control into a statutory body (the South Australian Forestry Corporation) and expanded the Act’s scope from simple declaration and management to an integrated commercial and regulatory framework. Key scope expansions include: (a) creation and statutory protection of purpose‑specific native forest reserves with parliamentary oversight (s3, s9A); (b) explicit commercial powers—planting, milling and sale of timber—and associated licensing/lease authority (ss10–13); (c) strengthened enforcement tools for forest wardens, including search, arrest, seizure and forfeiture provisions (ss8A–8D); (d) detailed regulation‑making powers enabling permit and fee regimes (s21); and (e) fire‑prevention clearing powers on roads adjacent to reserves without compensation for vegetation removed (s17). The 2000 substitution of the Conservator role with the Corporation (and related amendments) materially changed who manages forests and how commercial decisions are made, expanding the Act from a custodial public‑service model to a corporatised management and commercial model (s2, s9)."},"complexity_factors":["6 defined terms in the interpretation section (Corporation, Crown lands, forest reserve, forest warden, native forest reserve, property) (s2)","Delegation power allowing written delegations, conditional or absolute, revocable at will (s8)","Forest warden powers with conditional warrant requirement and 'urgent action' exception (s8C(1)–(2))","Arrest, seizure and forfeiture regime with time limits and compensation mechanics (s8C(7), s8D(1)–(4))","Multiple criminal offences and a range of penalties including fines and imprisonment (ss8C, 8E, 18)","Parliamentary oversight for proclamation revocations and a 14‑sitting‑day disallowance mechanism (s3(4)–(6))","Broad regulation‑making power that can create permit regimes, fees, expiation and penalty amounts and may vest determinations in Minister or Corporation (s21(1)–(3))","Cross‑references to other statutes and historical amendments (notably substitution of the Conservator by the Corporation), shown in legislative history","A combination of management, commercial (planting/milling/sale), and conservation‑protection duties that must be balanced in practice (ss9, 9A, 12–13)"],"plain_english_summary":"**What this law does (mechanics)\n\n- Creates and names State forest reserves and, within them, areas that are \"native forest reserves\" for specified conservation purposes (s3). Proclamations creating or removing native forest reserves must be laid before Parliament and are subject to a 14‑sitting‑day disallowance window (s3(4)–(6)).\n\n- Gives management and operational control of every forest reserve to the South Australian Forestry Corporation (the Corporation) (s9). The Corporation must manage native forest reserves in accordance with the purposes stated when they were declared (s9A).\n\n- Allows the Corporation to lease parts of forest reserves (where land is not required for its operations), and to grant licences, easements or other interests over reserves on terms it thinks fit (s10–11).\n\n- Authorises the Corporation to plant trees, protect and grow timber, operate mills and related machinery, and to sell timber and mill products produced under its control (s12–13). The Act expressly prevents the Corporation from selling forest reserve land itself (s16).\n\n- Empowers the Minister to appoint forest wardens (and recognises police as wardens for the Act’s purposes), and sets out their identity‑card, search, arrest and seizure powers, plus related penalties (ss8A–8E, 8C, 8D). Searches generally require a warrant unless urgent action is justified (s8C(2)). Seized items linked to alleged offences can be forfeited to the Crown or returned/compensated if no proceedings follow within three months (s8D).\n\n- Allows authorised persons (the Corporation or persons authorised by it) to remove trees, scrub or inflammable material on roads adjoining reserves for fire prevention without paying compensation for the vegetation removed, though damage to fences etc. must be made good (s17).\n\n- Creates offences for injuring or interfering with Corporation property without consent, false representation as a forest warden, obstructing wardens, and related conduct; and specifies maximum penalties (ss8E, 18, 8C).\n\n- Grants broad regulation‑making power to the Governor to make regulations to manage reserves, control access and use, create permit schemes with fees and conditions, and fix expiation and penalty amounts (s21).\n\n\nWho it affects\n\n- The South Australian Forestry Corporation: primary manager and decision‑maker for forest reserves (s9, s9A).\n- Ministers and the Governor: make proclamations, delegate powers and (through regulations) set permit and penalty regimes (s3, s8, s21).\n- Forest wardens and police: exercise inspection, enforcement and arrest powers (ss8A–8C).\n- Businesses and individuals using or seeking to use reserve land: lessees, licence holders, mill operators, permit applicants, timber buyers and recreational users (ss10–13, s21).\n- Councils and adjacent landowners: consulted before fire‑prevention clearing on council roads (s17(3)) and potentially affected by cleared material or damage (s17(3)–(5)).\n\n\nWhy it matters (official purpose and practical tests)\n\n- Officially the Act provides for creation, conservation, development and management of State forests and native forest areas (s3, s9A). Mechanically, it does that by centralising control in the Corporation, authorising commercial activity (planting, milling, sale of timber), and giving enforcement tools (wardens, seizure, penalties) and regulatory bandwidth (permits, fees, rules) to manage use (ss9, 12–13, 8C, 8D, 21).\n\n- Costs and who pays: operational, enforcement and management costs fall primarily on the Corporation (s9) and ultimately the State budget or enterprise receipts. Users pay permit and lease fees where set under regulations (s21(2)(e)). Compensation risk (for damage following seizure or property damage) can create contingent costs for the Minister or Corporation (s8D(3)).\n\n- Incentives and behaviour change: individuals must obtain permits or leases to lawfully use reserves for many activities and must comply with forest warden directions or face penalties (ss11, 21, 8C). Corporations can monetise timber through sales and milling (s13), creating incentives to manage forests with commercial output in mind. The prohibition on selling reserve land (s16) channels private access via temporary interests (leases, licences) rather than land disposal.\n\n- Trade‑offs and opportunity cost: the law balances conservation (native forest reserve purpose statements and the Corporation’s management duty, s9A) with commercial use (planting, milling, sales, ss12–13). That trade‑off is implemented by giving the Corporation discretion to grant leases and licences (ss10–11) while preserving statutory protections for native reserves (s9A; s3(2)).\n\n- Compliance burden: regulated parties face permit schemes, fees, and potential criminal or expiation penalties for non‑compliance (s21, ss8C, 18). Enforcement includes stop/search powers, seizure and arrest (ss8C, 8D), which increases compliance risk for commercial operators and recreational users.\n\n- Bureaucratic discretion and decision‑making: the Act vests broad discretionary powers in the Corporation (control/management, s9; grant of interests, ss10–11) and in the Minister/Governor via regulations (s21(3)(c) allows matters to be determined at Minister or Corporation discretion). Delegation is permitted (s8), and warrants/urgent‑action exceptions create operational discretion for wardens (s8C(2)).\n\n- Market effects and private enterprise: the Act enables commercial activity (leasing, licences, planting, milling, timber sales) rather than direct sale of land (ss10–13, s16). That structure lets private businesses participate under terms set by the Corporation, which can affect competition depending on how leases/licenses and fees are awarded and priced (ss10–11, s21).\n\n- Concentrated benefits vs diffuse costs and capture risks: benefits from timber sales and leases can accrue to particular firms or the Corporation; costs of enforcement, lost access or administrative fees are dispersed across many users. The ability to set terms and grant exclusive leases/licences (ss10–11) creates scenarios where those with close ties to decision‑makers could gain advantage unless transparent processes and procurement controls are used.\n\n- Implementation and enforcement risks: practical enforcement in remote forests depends on wardens and police capacity (ss8A–8C). Seizure and forfeiture rules include a three‑month limit for instituting proceedings before return/compensation obligations arise, which can create litigation and administrative workloads (s8D(3)).\n\n\nPractical bottom line (who decides, who pays, what changes)\n\n- Who decides: Governor (proclamations, s3), Minister (delegations, appointments, s8; regulations via Governor, s21), and the Corporation (management, leases, licences, ss9–11).\n- Who pays: the Corporation and, where regulations provide, permit/lease holders and timber purchasers (s21(2)(e); s13). The State may bear enforcement and compensation liabilities (s8D).\n- What behaviour changes: people must comply with permit regimes and warden directions, may be excluded from reserves, can be arrested for obstructive conduct, and businesses must secure and finance leases or licences to operate in reserves (ss8C, 11, 21). The Act channels private use through contractual interests (leases/licences) rather than land sales (s16).\n\n(Primary sections cited: ss3, 8–8E, 8D, 9–13, 16–18, 19A, 21.)"},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":true,"description":"The legislation has evolved significantly from its original 1950 purpose. The original Act likely focused primarily on commercial timber production and forest management. However, amendments in 1981 introduced 'native forest reserves' for conservation purposes, and the 2000 amendments replaced the old Conservator of Forests and Forestry Board with the modern South Australian Forestry Corporation. The enforcement powers (forest wardens, seizure, arrest powers) added in 1981 and expanded in 1994 also represent a significant expansion beyond simple forest management into quasi-policing functions. The Act now balances commercial forestry, conservation, and law enforcement in a way that likely exceeds the original scope of a simple 'creation and management' statute."},"complexity_factors":["Moderate length (21 sections plus legislative history)","6 defined terms in interpretation section (s 2), though some are circular or reference other Acts","Cross-references to the South Australian Forestry Corporation Act 2000 and Crown Lands Act 1929","Nested procedural requirements for revoking native forest reserves (s 3(4)-(6) with 14 sitting day delay and disallowance motion provisions)","Conditional powers for forest wardens requiring 'reasonable grounds' suspicion and warrant requirements with urgency exceptions (s 8C(2))","Evidentiary presumptions that shift burden of proof (s 19A)","Strict liability elements in offences (s 18(2) regarding animal damage with reverse onus)","Multiple amendment layers visible in legislative history (significant changes in 1981, 1994, and 2000) creating some structural fragmentation (e.g., renumbering, deleted sections)"],"plain_english_summary":"**What this law does:**\n\nThis is South Australia's **Forestry Act 1950**, which sets up the legal framework for creating and managing state-owned forests. Think of it as the rulebook for how the government handles public forest land.\n\n**Key things it covers:**\n\n*   **Creating forest reserves:** The Governor (on the advice of the government) can declare Crown land (government-owned land) to be a \"forest reserve\" or a \"native forest reserve\" (special protected areas for native plants and animals). These declarations can be changed or cancelled later, though cancelling a native forest reserve requires notifying Parliament and waiting 14 sitting days.\n\n*   **Who runs the forests:** The **South Australian Forestry Corporation** (a government body set up under a different Act) controls and manages all forest reserves. They can plant trees, run sawmills, sell timber, grant leases, and issue permits for using the land.\n\n*   **Forest wardens:** The Minister can appoint **forest wardens** (including police officers) to enforce the Act. These wardens have significant powers:\n    *   They can ask for your name and address if they suspect you've broken the law\n    *   They can order you to leave a forest reserve\n    *   They can search land, buildings, and vehicles (with a warrant, or without one in urgent cases)\n    *   They can seize equipment used in offences\n    *   They can arrest people without a warrant for certain offences (like assaulting a warden or refusing to give their name)\n\n*   **What you can't do:**\n    *   You can't sell forest reserves (they must stay in public ownership)\n    *   You can't damage forest property without permission\n    *   You can't pretend to be a forest warden\n    *   You must comply with wardens' lawful requests\n\n*   **Fire prevention:** The Corporation can clear vegetation on roads next to forests to reduce fire risk, though they must notify local councils first and repair any fence damage.\n\n*   **Native forest reserves get special treatment:** These must be managed specifically for conservation purposes, and no operations inconsistent with those purposes are allowed.\n\n**Who it affects:**\n\n*   The Forestry Corporation (gives them their powers)\n*   Anyone visiting or using state forests (campers, hikers, timber companies, neighbouring landowners)\n*   Forest wardens and police\n*   Local councils near forest reserves\n\n**Why it matters:**\n\nThis Act balances **commercial forestry** (growing and harvesting trees) with **conservation** (protecting native ecosystems). It ensures South Australia's public forests are managed sustainably while giving enforcement officers real teeth to stop illegal logging, arson, and damage. The native forest reserve provisions specifically protect biodiversity by requiring those areas to be managed for conservation first."}},"importantCases":[],"_links":{"self":"/api/acts/forestry-act-1950","history":"/api/acts/forestry-act-1950/history","analysis":"/api/acts/forestry-act-1950/analysis","conflicts":"/api/acts/forestry-act-1950/conflicts","importantCases":"/api/acts/forestry-act-1950/important-cases","documents":"/api/acts/forestry-act-1950/documents"}}