sec.35Granting of permit for land within State forest or timber reserve

### sec.35 Granting of permit for land within State forest or timber reserve With respect to any land comprised in any State forest or timber reserve the chief executive may from time to time grant, subject to such provisions, reservations and conditions as the chief executive thinks fit— permits to occupy for a term fixed by the chief executive ( occupation permits ); or camping permits; or permits to graze stock ( stock grazing permits ) for a term fixed by the chief executive that— generally—is no more than 10 years; or if the permit is for land in an SEQFA forest reserve—ends no later than 31 December 2024; or permits for apiary sites for a term fixed by the chief executive ( apiary permits ). If the term of a stock grazing permit, other than a stock grazing permit for land in an SEQFA forest reserve, has been fixed at less than 10 years the chief executive may, from time to time, extend the same for such term as the chief executive thinks fit but so that the term originally fixed and any extension or extensions thereof shall not, in the aggregate, exceed 10 years. If a plantation licensee, plantation sublicensee, plantation manager or plantation officer (the decision maker ) exercising power delegated to the decision maker under section 96B makes a decision under subsection (1) or (2) , the decision maker must advise the applicant for the permit or the extension of the permit that the applicant may apply for a review of the decision under section 83A within 28 days if the applicant is dissatisfied with the decision. The chief executive may extend the term of a stock grazing permit granted over land in an SEQFA forest reserve for a term that ends no later than 31 December 2024. Despite subsections (1) to (3) , no permit to which this section relates shall be granted or extended or subjected to any provision or condition unless the chief executive is satisfied that the objects of this Act would not be thereby prejudiced or opposed. A term lease under the Land Act 1994 may be granted over land in a State forest and for the purpose of this subsection such land shall be deemed to be land reserved and set apart for public purposes, and the provisions of that Act so far as they are not inconsistent with so much of this Act as relates to State forests shall extend and apply to all such special leases accordingly. However, the term lease must not be granted and, if granted, must not be extended or renewed, unless the chief executive is satisfied the objects of this Act would not be prejudiced or opposed by the lease, including any conditions to be included in the lease. If a term lease granted under subsection (5) is a rolling term lease under the Land Act 1994 , its term may be extended under that Act only with the agreement of the chief executive and only after the chief executive considers the extension under subsection (6) . In this section— SEQFA forest reserve means a forest reserve under the Nature Conservation Act 1992 the dedication of which was in force immediately before the commencement of this definition. s 35 amd 1964 No. 15 s 6 ; 1972 No. 31 s 6 sch 1 ; 1982 No. 23 s 70 ; 1984 No. 86 s 21 ; 1992 No. 15 s 13 sch ; 1994 No. 81 s 527 sch 5 ; 2000 No. 26 s 12 sch 1 ; 2001 No. 57 s 3 sch ; 2005 No. 53 s 100 ; 2010 No. 12 s 29 ; 2013 No. 18 s 6 ; 2014 No. 29 s 9 ; 2014 No. 41 s 14 (sec.35-ssec.1) With respect to any land comprised in any State forest or timber reserve the chief executive may from time to time grant, subject to such provisions, reservations and conditions as the chief executive thinks fit— permits to occupy for a term fixed by the chief executive ( occupation permits ); or camping permits; or permits to graze stock ( stock grazing permits ) for a term fixed by the chief executive that— generally—is no more than 10 years; or if the permit is for land in an SEQFA forest reserve—ends no later than 31 December 2024; or permits for apiary sites for a term fixed by the chief executive ( apiary permits ). (sec.35-ssec.2) If the term of a stock grazing permit, other than a stock grazing permit for land in an SEQFA forest reserve, has been fixed at less than 10 years the chief executive may, from time to time, extend the same for such term as the chief executive thinks fit but so that the term originally fixed and any extension or extensions thereof shall not, in the aggregate, exceed 10 years. (sec.35-ssec.2A) If a plantation licensee, plantation sublicensee, plantation manager or plantation officer (the decision maker ) exercising power delegated to the decision maker under section 96B makes a decision under subsection (1) or (2) , the decision maker must advise the applicant for the permit or the extension of the permit that the applicant may apply for a review of the decision under section 83A within 28 days if the applicant is dissatisfied with the decision. (sec.35-ssec.3) The chief executive may extend the term of a stock grazing permit granted over land in an SEQFA forest reserve for a term that ends no later than 31 December 2024. (sec.35-ssec.4) Despite subsections (1) to (3) , no permit to which this section relates shall be granted or extended or subjected to any provision or condition unless the chief executive is satisfied that the objects of this Act would not be thereby prejudiced or opposed. (sec.35-ssec.5) A term lease under the Land Act 1994 may be granted over land in a State forest and for the purpose of this subsection such land shall be deemed to be land reserved and set apart for public purposes, and the provisions of that Act so far as they are not inconsistent with so much of this Act as relates to State forests shall extend and apply to all such special leases accordingly. (sec.35-ssec.6) However, the term lease must not be granted and, if granted, must not be extended or renewed, unless the chief executive is satisfied the objects of this Act would not be prejudiced or opposed by the lease, including any conditions to be included in the lease. (sec.35-ssec.6A) If a term lease granted under subsection (5) is a rolling term lease under the Land Act 1994 , its term may be extended under that Act only with the agreement of the chief executive and only after the chief executive considers the extension under subsection (6) . (sec.35-ssec.7) In this section— SEQFA forest reserve means a forest reserve under the Nature Conservation Act 1992 the dedication of which was in force immediately before the commencement of this definition. - (a) permits to occupy for a term fixed by the chief executive ( occupation permits ); or - (b) camping permits; or - (c) permits to graze stock ( stock grazing permits ) for a term fixed by the chief executive that— (i) generally—is no more than 10 years; or (ii) if the permit is for land in an SEQFA forest reserve—ends no later than 31 December 2024; or - (i) generally—is no more than 10 years; or - (ii) if the permit is for land in an SEQFA forest reserve—ends no later than 31 December 2024; or - (d) permits for apiary sites for a term fixed by the chief executive ( apiary permits ). - (i) generally—is no more than 10 years; or - (ii) if the permit is for land in an SEQFA forest reserve—ends no later than 31 December 2024; or