QLDIn ForceAct
Forestry Act 1959
sec.61QLPlantation licensee’s rights of access over relevant State land
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### sec.61QL Plantation licensee’s rights of access over relevant State land
The chief executive may grant to a plantation licensee the rights of access over relevant State land, and to State-owned infrastructure on relevant State land, that are necessary for the exercise of the plantation licensee’s rights or to meet the plantation licensee’s obligations under this Act, the plantation licence or a related agreement.
Access rights are also exercisable by a plantation sublicensee and employees, agents, contractors, customers and invitees of a plantation licensee or plantation sublicensee. See sections 61QF and 61QP .
The access right may be granted by licence or permit, or under a related agreement, or in any other way agreed by the chief executive and the plantation licensee.
In deciding the nature and extent of an access right over relevant State land, the chief executive must consider the following matters—
whether there is a usable road giving practical access;
the means of access before the land became a licence area;
the use or proposed use of the relevant State land over which access is proposed;
whether the licence area is completely or partly surrounded by the relevant State land through which access is to be given.
If the chief executive and the plantation licensee do not agree on the grant of reasonable access rights under this section, the plantation licensee’s access rights are to be decided by the Minister.
An access right given to a plantation licensee under this section is binding on, and must be given effect by, all persons having an interest in the relevant State land over which the right is given.
Nothing in this section requires the chief executive or the Minister to grant rights of access over land that is part of relevant State land if the grant of the right would be inconsistent with the rights of the holder of an interest in the land previously granted by or for the State.
s 61QL ins 2010 No. 12 s 45
(sec.61QL-ssec.1) The chief executive may grant to a plantation licensee the rights of access over relevant State land, and to State-owned infrastructure on relevant State land, that are necessary for the exercise of the plantation licensee’s rights or to meet the plantation licensee’s obligations under this Act, the plantation licence or a related agreement. Access rights are also exercisable by a plantation sublicensee and employees, agents, contractors, customers and invitees of a plantation licensee or plantation sublicensee. See sections 61QF and 61QP .
(sec.61QL-ssec.2) The access right may be granted by licence or permit, or under a related agreement, or in any other way agreed by the chief executive and the plantation licensee.
(sec.61QL-ssec.3) In deciding the nature and extent of an access right over relevant State land, the chief executive must consider the following matters— whether there is a usable road giving practical access; the means of access before the land became a licence area; the use or proposed use of the relevant State land over which access is proposed; whether the licence area is completely or partly surrounded by the relevant State land through which access is to be given.
(sec.61QL-ssec.4) If the chief executive and the plantation licensee do not agree on the grant of reasonable access rights under this section, the plantation licensee’s access rights are to be decided by the Minister.
(sec.61QL-ssec.5) An access right given to a plantation licensee under this section is binding on, and must be given effect by, all persons having an interest in the relevant State land over which the right is given.
(sec.61QL-ssec.6) Nothing in this section requires the chief executive or the Minister to grant rights of access over land that is part of relevant State land if the grant of the right would be inconsistent with the rights of the holder of an interest in the land previously granted by or for the State.
- (a) whether there is a usable road giving practical access;
- (b) the means of access before the land became a licence area;
- (c) the use or proposed use of the relevant State land over which access is proposed;
- (d) whether the licence area is completely or partly surrounded by the relevant State land through which access is to be given.