sec.63Right of Aboriginal peoples and Torres Strait Islander peoples to particular forest products and quarry material—non-Aboriginal and non-Torres Strait Islander land

### sec.63 Right of Aboriginal peoples and Torres Strait Islander peoples to particular forest products and quarry material—non-Aboriginal and non-Torres Strait Islander land Subject to sections 62 and 93 of the Nature Conservation Act 1992 , but despite any other Act, a member of a community of Aboriginal peoples or Torres Strait Islander peoples that lives in a community government or IRC area of a community government or indigenous regional council is not liable to prosecution for an offence for taking forest products or quarry material, within the meaning of the Forestry Act 1959 , from above, on or below the surface of trust land held by the community government or indigenous regional council, for use within the community government or IRC area of the community government or indigenous regional council. Subsection (1) does not authorise the sale or other disposal for gain of forest products or quarry material taken under that subsection. Despite the Forestry Act 1959 , a community government or indigenous regional council may authorise the gathering or digging, and removal of forest products or quarry material from above, on or below the surface of trust land held by the community government or indigenous regional council, for use within the community government or IRC area of the community government or indigenous regional council. The forest products or quarry material may be gathered or dug, and removed, under subsection (3) without the payment of royalty. In this section— trust land means land that is trust land for a community purpose that is Aboriginal purposes or Torres Strait Islander purposes under the Land Act 1994 . s 63 prev s 63 ins 1990 No. 104 s 13 om 2004 No. 37 s 86 sch 1 pres s 63 ins 1991 No. 76 s 20 amd 1992 No. 20 s 159 sch 2 (amd 1994 No. 42 s 2 sch ); 1999 No. 53 s 16 ; 2004 No. 37 s 86 sch 1 ; 2007 No. 59 s 41 ; 2023 No. 12 s 109 ; 2024 No. 12 s 131 s ch 1 pt 1 (sec.63-ssec.1) Subject to sections 62 and 93 of the Nature Conservation Act 1992 , but despite any other Act, a member of a community of Aboriginal peoples or Torres Strait Islander peoples that lives in a community government or IRC area of a community government or indigenous regional council is not liable to prosecution for an offence for taking forest products or quarry material, within the meaning of the Forestry Act 1959 , from above, on or below the surface of trust land held by the community government or indigenous regional council, for use within the community government or IRC area of the community government or indigenous regional council. (sec.63-ssec.2) Subsection (1) does not authorise the sale or other disposal for gain of forest products or quarry material taken under that subsection. (sec.63-ssec.3) Despite the Forestry Act 1959 , a community government or indigenous regional council may authorise the gathering or digging, and removal of forest products or quarry material from above, on or below the surface of trust land held by the community government or indigenous regional council, for use within the community government or IRC area of the community government or indigenous regional council. (sec.63-ssec.4) The forest products or quarry material may be gathered or dug, and removed, under subsection (3) without the payment of royalty. (sec.63-ssec.5) In this section— trust land means land that is trust land for a community purpose that is Aboriginal purposes or Torres Strait Islander purposes under the Land Act 1994 .