QLDIn ForceAct
Forestry Act 1959
sec.26Restriction on alienation etc.
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### sec.26 Restriction on alienation etc.
The setting apart and declaration of a State forest by or under this Act shall not be revoked in whole or in part except under the authority of and in accordance with the provisions of subsection (2) or section 32 .
No land comprised in a State forest shall be excluded therefrom, leased, or dealt with otherwise howsoever except under the authority of and in accordance with the provisions of this Act.
See the Petroleum and Gas (Production and Safety) Act 2004 , section 437A (1) for the creation of an easement for a pipeline licence holder under that Act over land that is a State forest.
The setting apart and declaration by or under this Act of land as a State forest may be revoked in whole or in part in the following manner—
the Governor in Council shall cause to be laid on the table of the Legislative Assembly a proposal for such revocation;
after such proposal has been laid before the Legislative Assembly, the Governor in Council, on a resolution whereof not less than 14 days notice shall have been given being passed by the Legislative Assembly that such proposal be carried out, shall, by regulation, revoke such setting apart and declaration in accordance with that resolution.
Subsection (2) does not apply to a regulation that merely—
sets apart and declares a State forest and an area of Crown land, or a timber reserve, as a State forest; or
sets apart and declares contiguous State forests as a single State forest; or
divides a State forest into 2 or more State forests.
s 26 amd 1992 No. 68 s 3 sch 1 ; 2013 No. 18 s 5 ; 2020 No. 28 s 63 ; 2025 No. 30 s 73 sch 1
(sec.26-ssec.1) The setting apart and declaration of a State forest by or under this Act shall not be revoked in whole or in part except under the authority of and in accordance with the provisions of subsection (2) or section 32 .
(sec.26-ssec.1A) No land comprised in a State forest shall be excluded therefrom, leased, or dealt with otherwise howsoever except under the authority of and in accordance with the provisions of this Act. See the Petroleum and Gas (Production and Safety) Act 2004 , section 437A (1) for the creation of an easement for a pipeline licence holder under that Act over land that is a State forest.
(sec.26-ssec.2) The setting apart and declaration by or under this Act of land as a State forest may be revoked in whole or in part in the following manner— the Governor in Council shall cause to be laid on the table of the Legislative Assembly a proposal for such revocation; after such proposal has been laid before the Legislative Assembly, the Governor in Council, on a resolution whereof not less than 14 days notice shall have been given being passed by the Legislative Assembly that such proposal be carried out, shall, by regulation, revoke such setting apart and declaration in accordance with that resolution.
(sec.26-ssec.3) Subsection (2) does not apply to a regulation that merely— sets apart and declares a State forest and an area of Crown land, or a timber reserve, as a State forest; or sets apart and declares contiguous State forests as a single State forest; or divides a State forest into 2 or more State forests.
- (a) the Governor in Council shall cause to be laid on the table of the Legislative Assembly a proposal for such revocation;
- (b) after such proposal has been laid before the Legislative Assembly, the Governor in Council, on a resolution whereof not less than 14 days notice shall have been given being passed by the Legislative Assembly that such proposal be carried out, shall, by regulation, revoke such setting apart and declaration in accordance with that resolution.
- (a) sets apart and declares a State forest and an area of Crown land, or a timber reserve, as a State forest; or
- (b) sets apart and declares contiguous State forests as a single State forest; or
- (c) divides a State forest into 2 or more State forests.