sec.39AForest entitlement areas and forest consent areas

### sec.39A Forest entitlement areas and forest consent areas The cardinal principle to be observed in the administration of forest entitlement areas and forest consent areas shall be the utilisation and management of such areas for the production of indigenous timber and associated products in perpetuity and the chief executive must ensure forest entitlement areas and forest consent areas are used and managed in such manner as appears to the chief executive most appropriate to achieve that purpose and, in doing so, the chief executive shall endeavour to have the person with whom there subsists at the material time an agreement made pursuant to this section participate in the protection and silviculture treatment of the timber thereon under the supervision of the chief executive. In addition to all other powers conferred on the chief executive by this Act, for the purpose of using and managing a forest entitlement area or forest consent area the chief executive— shall have free right of access including ingress, egress and regress, for the chief executive or persons performing functions under this Act or persons authorised by the chief executive to and from the area including rights of ingress, egress and regress in, into, over, upon, along, across and out of the area and such other part of the freeholding lease or deed of grant concerned as are agreed to by the lessee or owner of the land or, failing such agreement, as will cause in the opinion of the chief executive as little damage as possible to the land and as little inconvenience as possible to the lessee or owner thereof; may— determine and cause to be put into operation the silvicultural system most suitable in the chief executive’s opinion to the circumstances of the area; make or cause to be made surveys (including aerial surveys and assessment surveys) of the area; determine the quantities and kinds of forest products that may be got, sold or removed from the area and the times at which the same may be got, sold or removed; control, manage, work and protect the area and control, manage, work, protect, get, sell and remove forest products therein or thereon, and authorise other persons to do any of such things; determine and implement methods of managing, working, getting, selling or removing forest products in or on the area; make on the area and on land in respect of which the chief executive has free right of access under paragraph (a) fire breaks and such formed and unformed tracks, bridges, culverts and other works as are necessary for the management, protection and getting of forest products in or on the area; undertake, carry out and maintain on the area fencing and protection works of every kind and description; may— make an agreement with the lessee or owner of land that is or includes the area or with any person approved by the lessee or owner whereby the contracting party may participate in the protection and silvicultural treatment of the timber on the area, under the supervision of the chief executive, on the terms and conditions agreed to, which terms and conditions may provide for a sharing by the State and the contracting party of the proceeds of the sale of forest products in or on the area; permit the contracting party to make and effect improvements and works of development in the area with the approval of the chief executive first had and obtained and on such terms and conditions as the chief executive considers appropriate; permit the contracting party to do in the area such things as the chief executive approves and on such terms and conditions as the chief executive considers appropriate; permit the destruction by the contracting party of such trees in the area as the chief executive determines on such terms and conditions as the chief executive considers appropriate; may, by agreement with the contracting party, cancel an agreement made pursuant to this section and make further such agreements with the person who was such contracting party and with 1 or more other persons being in each case the lessee or owner of land that is or includes the area or any part thereof or a person approved by the lessee or owner so that each further agreement relates to a part of the area; may cancel an agreement made with any person pursuant to this section by notice in writing given to the contracting party or in any other manner authorised by this Act, if the contracting party commits an offence or permits the commission of an offence against any provision of this Act, or fails to perform or comply with any term or condition of the agreement that binds the person whereupon (without prejudice to the operation of section 58 ) the rights, privileges and liabilities of the contracting party in respect of the area, that attached by reason of the person being a party to the agreement, shall cease, save for a liability on account of anything done or omitted by the person or on the person’s behalf before the cancellation of the agreement. The rights of a contracting party under an agreement made under this section and the obligation of a contracting party to perform such an agreement— shall not attach to the land of which the contracting party is lessee or owner and shall not pass with such land; shall not survive the contracting party; shall not be capable in law of being assigned and any purported assignment thereof shall be void; shall cease upon the contracting party being made bankrupt or otherwise taking advantage of the law relating to bankruptcy. An agreement under subsection (2) (c) (i) that applies to a forest consent area applies subject to the forest consent agreement for the forest consent area. s 39A ins 1974 No. 33 s 10 amd 1990 No. 80 s 3 sch 7 ; 1991 No. 97 s 3 sch 2 ; 1992 No. 15 s 13 sch ; 1994 No. 81 s 527 sch 5 ; 2000 No. 26 s 12 sch 1 ; 2014 No. 29 s 11 (sec.39A-ssec.1) The cardinal principle to be observed in the administration of forest entitlement areas and forest consent areas shall be the utilisation and management of such areas for the production of indigenous timber and associated products in perpetuity and the chief executive must ensure forest entitlement areas and forest consent areas are used and managed in such manner as appears to the chief executive most appropriate to achieve that purpose and, in doing so, the chief executive shall endeavour to have the person with whom there subsists at the material time an agreement made pursuant to this section participate in the protection and silviculture treatment of the timber thereon under the supervision of the chief executive. (sec.39A-ssec.2) In addition to all other powers conferred on the chief executive by this Act, for the purpose of using and managing a forest entitlement area or forest consent area the chief executive— shall have free right of access including ingress, egress and regress, for the chief executive or persons performing functions under this Act or persons authorised by the chief executive to and from the area including rights of ingress, egress and regress in, into, over, upon, along, across and out of the area and such other part of the freeholding lease or deed of grant concerned as are agreed to by the lessee or owner of the land or, failing such agreement, as will cause in the opinion of the chief executive as little damage as possible to the land and as little inconvenience as possible to the lessee or owner thereof; may— determine and cause to be put into operation the silvicultural system most suitable in the chief executive’s opinion to the circumstances of the area; make or cause to be made surveys (including aerial surveys and assessment surveys) of the area; determine the quantities and kinds of forest products that may be got, sold or removed from the area and the times at which the same may be got, sold or removed; control, manage, work and protect the area and control, manage, work, protect, get, sell and remove forest products therein or thereon, and authorise other persons to do any of such things; determine and implement methods of managing, working, getting, selling or removing forest products in or on the area; make on the area and on land in respect of which the chief executive has free right of access under paragraph (a) fire breaks and such formed and unformed tracks, bridges, culverts and other works as are necessary for the management, protection and getting of forest products in or on the area; undertake, carry out and maintain on the area fencing and protection works of every kind and description; may— make an agreement with the lessee or owner of land that is or includes the area or with any person approved by the lessee or owner whereby the contracting party may participate in the protection and silvicultural treatment of the timber on the area, under the supervision of the chief executive, on the terms and conditions agreed to, which terms and conditions may provide for a sharing by the State and the contracting party of the proceeds of the sale of forest products in or on the area; permit the contracting party to make and effect improvements and works of development in the area with the approval of the chief executive first had and obtained and on such terms and conditions as the chief executive considers appropriate; permit the contracting party to do in the area such things as the chief executive approves and on such terms and conditions as the chief executive considers appropriate; permit the destruction by the contracting party of such trees in the area as the chief executive determines on such terms and conditions as the chief executive considers appropriate; may, by agreement with the contracting party, cancel an agreement made pursuant to this section and make further such agreements with the person who was such contracting party and with 1 or more other persons being in each case the lessee or owner of land that is or includes the area or any part thereof or a person approved by the lessee or owner so that each further agreement relates to a part of the area; may cancel an agreement made with any person pursuant to this section by notice in writing given to the contracting party or in any other manner authorised by this Act, if the contracting party commits an offence or permits the commission of an offence against any provision of this Act, or fails to perform or comply with any term or condition of the agreement that binds the person whereupon (without prejudice to the operation of section 58 ) the rights, privileges and liabilities of the contracting party in respect of the area, that attached by reason of the person being a party to the agreement, shall cease, save for a liability on account of anything done or omitted by the person or on the person’s behalf before the cancellation of the agreement. (sec.39A-ssec.3) The rights of a contracting party under an agreement made under this section and the obligation of a contracting party to perform such an agreement— shall not attach to the land of which the contracting party is lessee or owner and shall not pass with such land; shall not survive the contracting party; shall not be capable in law of being assigned and any purported assignment thereof shall be void; shall cease upon the contracting party being made bankrupt or otherwise taking advantage of the law relating to bankruptcy. (sec.39A-ssec.4) An agreement under subsection (2) (c) (i) that applies to a forest consent area applies subject to the forest consent agreement for the forest consent area. - (a) shall have free right of access including ingress, egress and regress, for the chief executive or persons performing functions under this Act or persons authorised by the chief executive to and from the area including rights of ingress, egress and regress in, into, over, upon, along, across and out of the area and such other part of the freeholding lease or deed of grant concerned as are agreed to by the lessee or owner of the land or, failing such agreement, as will cause in the opinion of the chief executive as little damage as possible to the land and as little inconvenience as possible to the lessee or owner thereof; - (b) may— (i) determine and cause to be put into operation the silvicultural system most suitable in the chief executive’s opinion to the circumstances of the area; (ii) make or cause to be made surveys (including aerial surveys and assessment surveys) of the area; (iii) determine the quantities and kinds of forest products that may be got, sold or removed from the area and the times at which the same may be got, sold or removed; (iv) control, manage, work and protect the area and control, manage, work, protect, get, sell and remove forest products therein or thereon, and authorise other persons to do any of such things; (v) determine and implement methods of managing, working, getting, selling or removing forest products in or on the area; (vi) make on the area and on land in respect of which the chief executive has free right of access under paragraph (a) fire breaks and such formed and unformed tracks, bridges, culverts and other works as are necessary for the management, protection and getting of forest products in or on the area; (vii) undertake, carry out and maintain on the area fencing and protection works of every kind and description; - (i) determine and cause to be put into operation the silvicultural system most suitable in the chief executive’s opinion to the circumstances of the area; - (ii) make or cause to be made surveys (including aerial surveys and assessment surveys) of the area; - (iii) determine the quantities and kinds of forest products that may be got, sold or removed from the area and the times at which the same may be got, sold or removed; - (iv) control, manage, work and protect the area and control, manage, work, protect, get, sell and remove forest products therein or thereon, and authorise other persons to do any of such things; - (v) determine and implement methods of managing, working, getting, selling or removing forest products in or on the area; - (vi) make on the area and on land in respect of which the chief executive has free right of access under paragraph (a) fire breaks and such formed and unformed tracks, bridges, culverts and other works as are necessary for the management, protection and getting of forest products in or on the area; - (vii) undertake, carry out and maintain on the area fencing and protection works of every kind and description; - (c) may— (i) make an agreement with the lessee or owner of land that is or includes the area or with any person approved by the lessee or owner whereby the contracting party may participate in the protection and silvicultural treatment of the timber on the area, under the supervision of the chief executive, on the terms and conditions agreed to, which terms and conditions may provide for a sharing by the State and the contracting party of the proceeds of the sale of forest products in or on the area; (ii) permit the contracting party to make and effect improvements and works of development in the area with the approval of the chief executive first had and obtained and on such terms and conditions as the chief executive considers appropriate; (iii) permit the contracting party to do in the area such things as the chief executive approves and on such terms and conditions as the chief executive considers appropriate; (iv) permit the destruction by the contracting party of such trees in the area as the chief executive determines on such terms and conditions as the chief executive considers appropriate; - (i) make an agreement with the lessee or owner of land that is or includes the area or with any person approved by the lessee or owner whereby the contracting party may participate in the protection and silvicultural treatment of the timber on the area, under the supervision of the chief executive, on the terms and conditions agreed to, which terms and conditions may provide for a sharing by the State and the contracting party of the proceeds of the sale of forest products in or on the area; - (ii) permit the contracting party to make and effect improvements and works of development in the area with the approval of the chief executive first had and obtained and on such terms and conditions as the chief executive considers appropriate; - (iii) permit the contracting party to do in the area such things as the chief executive approves and on such terms and conditions as the chief executive considers appropriate; - (iv) permit the destruction by the contracting party of such trees in the area as the chief executive determines on such terms and conditions as the chief executive considers appropriate; - (d) may, by agreement with the contracting party, cancel an agreement made pursuant to this section and make further such agreements with the person who was such contracting party and with 1 or more other persons being in each case the lessee or owner of land that is or includes the area or any part thereof or a person approved by the lessee or owner so that each further agreement relates to a part of the area; - (e) may cancel an agreement made with any person pursuant to this section by notice in writing given to the contracting party or in any other manner authorised by this Act, if the contracting party commits an offence or permits the commission of an offence against any provision of this Act, or fails to perform or comply with any term or condition of the agreement that binds the person whereupon (without prejudice to the operation of section 58 ) the rights, privileges and liabilities of the contracting party in respect of the area, that attached by reason of the person being a party to the agreement, shall cease, save for a liability on account of anything done or omitted by the person or on the person’s behalf before the cancellation of the agreement. - (i) determine and cause to be put into operation the silvicultural system most suitable in the chief executive’s opinion to the circumstances of the area; - (ii) make or cause to be made surveys (including aerial surveys and assessment surveys) of the area; - (iii) determine the quantities and kinds of forest products that may be got, sold or removed from the area and the times at which the same may be got, sold or removed; - (iv) control, manage, work and protect the area and control, manage, work, protect, get, sell and remove forest products therein or thereon, and authorise other persons to do any of such things; - (v) determine and implement methods of managing, working, getting, selling or removing forest products in or on the area; - (vi) make on the area and on land in respect of which the chief executive has free right of access under paragraph (a) fire breaks and such formed and unformed tracks, bridges, culverts and other works as are necessary for the management, protection and getting of forest products in or on the area; - (vii) undertake, carry out and maintain on the area fencing and protection works of every kind and description; - (i) make an agreement with the lessee or owner of land that is or includes the area or with any person approved by the lessee or owner whereby the contracting party may participate in the protection and silvicultural treatment of the timber on the area, under the supervision of the chief executive, on the terms and conditions agreed to, which terms and conditions may provide for a sharing by the State and the contracting party of the proceeds of the sale of forest products in or on the area; - (ii) permit the contracting party to make and effect improvements and works of development in the area with the approval of the chief executive first had and obtained and on such terms and conditions as the chief executive considers appropriate; - (iii) permit the contracting party to do in the area such things as the chief executive approves and on such terms and conditions as the chief executive considers appropriate; - (iv) permit the destruction by the contracting party of such trees in the area as the chief executive determines on such terms and conditions as the chief executive considers appropriate; - (a) shall not attach to the land of which the contracting party is lessee or owner and shall not pass with such land; - (b) shall not survive the contracting party; - (c) shall not be capable in law of being assigned and any purported assignment thereof shall be void; - (d) shall cease upon the contracting party being made bankrupt or otherwise taking advantage of the law relating to bankruptcy.