sec.73BCommercial activities

### sec.73B Commercial activities A person must not conduct an activity for gain (a commercial activity ) in a State forest or timber reserve. the hire or sale of goods or services commercial photography a guided tour, safari, scenic flight, cruise or excursion advertising or promoting the use of a State forest or timber reserve as part of a tour, safari, scenic flight, cruise or excursion advertising or promoting the use of a State forest or timber reserve as a feature associated with a resort or tourist facility on land adjoining the State forest or timber reserve Maximum penalty—165 penalty units. However, subsection (1) does not apply to— an activity that is authorised under a permit, licence, lease or other authority under this Act; or an activity that is authorised under an agreement or contract granted or entered into under this Act; or filming or photography that involves no more than 10 people, and does not involve any of the following— building a tower, platform, building or other structure, other than a portable structure that is large enough to shelter only 1 person; using a generator or power source, other than a power source that consists of only dry cells or a single wet cell battery; using a vehicle, other than for transport or for camping that is authorised under this Act or the Recreation Areas Management Act 2006 . Also, subsection (1) does not apply if the chief executive is reasonably satisfied— the use of the State forest or timber reserve is incidental to, and not integral to, the conduct of the activity; or a scheduled commercial flight over a State forest or timber reserve that is not part of a tour or scenic flight over the State forest or timber reserve a scheduled bus service through a State forest or timber reserve that is not a part of a tour or safari in the State forest or timber reserve conducting an activity in a State forest or timber reserve if the activity involves a trade and is conducted for the chief executive or the holder of a permit, licence or other authority for the State forest or timber reserve providing a mechanical or vehicle towing service for a visitor in a State forest or timber reserve the activity relates to the filming or photographing of an event when, or as soon as practicable after, the event happens, in order to inform the public about the event— on television; or in a newspaper, magazine or similar publication. The chief executive must publish the exemption of a type of media activity under subsection (3) (b) , by a declaration published on the department’s website. s 73B ins 2002 No. 72 s 15 sub 2014 No. 41 ss 34 – 35 amd 2020 No. 28 s 67 ; 2025 No. 30 s 73 sch 1 (sec.73B-ssec.1) A person must not conduct an activity for gain (a commercial activity ) in a State forest or timber reserve. the hire or sale of goods or services commercial photography a guided tour, safari, scenic flight, cruise or excursion advertising or promoting the use of a State forest or timber reserve as part of a tour, safari, scenic flight, cruise or excursion advertising or promoting the use of a State forest or timber reserve as a feature associated with a resort or tourist facility on land adjoining the State forest or timber reserve Maximum penalty—165 penalty units. (sec.73B-ssec.2) However, subsection (1) does not apply to— an activity that is authorised under a permit, licence, lease or other authority under this Act; or an activity that is authorised under an agreement or contract granted or entered into under this Act; or filming or photography that involves no more than 10 people, and does not involve any of the following— building a tower, platform, building or other structure, other than a portable structure that is large enough to shelter only 1 person; using a generator or power source, other than a power source that consists of only dry cells or a single wet cell battery; using a vehicle, other than for transport or for camping that is authorised under this Act or the Recreation Areas Management Act 2006 . (sec.73B-ssec.3) Also, subsection (1) does not apply if the chief executive is reasonably satisfied— the use of the State forest or timber reserve is incidental to, and not integral to, the conduct of the activity; or a scheduled commercial flight over a State forest or timber reserve that is not part of a tour or scenic flight over the State forest or timber reserve a scheduled bus service through a State forest or timber reserve that is not a part of a tour or safari in the State forest or timber reserve conducting an activity in a State forest or timber reserve if the activity involves a trade and is conducted for the chief executive or the holder of a permit, licence or other authority for the State forest or timber reserve providing a mechanical or vehicle towing service for a visitor in a State forest or timber reserve the activity relates to the filming or photographing of an event when, or as soon as practicable after, the event happens, in order to inform the public about the event— on television; or in a newspaper, magazine or similar publication. (sec.73B-ssec.4) The chief executive must publish the exemption of a type of media activity under subsection (3) (b) , by a declaration published on the department’s website. - • the hire or sale of goods or services - • commercial photography - • a guided tour, safari, scenic flight, cruise or excursion - • advertising or promoting the use of a State forest or timber reserve as part of a tour, safari, scenic flight, cruise or excursion - • advertising or promoting the use of a State forest or timber reserve as a feature associated with a resort or tourist facility on land adjoining the State forest or timber reserve - (a) an activity that is authorised under a permit, licence, lease or other authority under this Act; or - (b) an activity that is authorised under an agreement or contract granted or entered into under this Act; or - (c) filming or photography that involves no more than 10 people, and does not involve any of the following— (i) building a tower, platform, building or other structure, other than a portable structure that is large enough to shelter only 1 person; (ii) using a generator or power source, other than a power source that consists of only dry cells or a single wet cell battery; (iii) using a vehicle, other than for transport or for camping that is authorised under this Act or the Recreation Areas Management Act 2006 . - (i) building a tower, platform, building or other structure, other than a portable structure that is large enough to shelter only 1 person; - (ii) using a generator or power source, other than a power source that consists of only dry cells or a single wet cell battery; - (iii) using a vehicle, other than for transport or for camping that is authorised under this Act or the Recreation Areas Management Act 2006 . - (i) building a tower, platform, building or other structure, other than a portable structure that is large enough to shelter only 1 person; - (ii) using a generator or power source, other than a power source that consists of only dry cells or a single wet cell battery; - (iii) using a vehicle, other than for transport or for camping that is authorised under this Act or the Recreation Areas Management Act 2006 . - (a) the use of the State forest or timber reserve is incidental to, and not integral to, the conduct of the activity; or Examples for paragraph (a) — • a scheduled commercial flight over a State forest or timber reserve that is not part of a tour or scenic flight over the State forest or timber reserve • a scheduled bus service through a State forest or timber reserve that is not a part of a tour or safari in the State forest or timber reserve • conducting an activity in a State forest or timber reserve if the activity involves a trade and is conducted for the chief executive or the holder of a permit, licence or other authority for the State forest or timber reserve • providing a mechanical or vehicle towing service for a visitor in a State forest or timber reserve - • a scheduled commercial flight over a State forest or timber reserve that is not part of a tour or scenic flight over the State forest or timber reserve - • a scheduled bus service through a State forest or timber reserve that is not a part of a tour or safari in the State forest or timber reserve - • conducting an activity in a State forest or timber reserve if the activity involves a trade and is conducted for the chief executive or the holder of a permit, licence or other authority for the State forest or timber reserve - • providing a mechanical or vehicle towing service for a visitor in a State forest or timber reserve - (b) the activity relates to the filming or photographing of an event when, or as soon as practicable after, the event happens, in order to inform the public about the event— (i) on television; or (ii) in a newspaper, magazine or similar publication. - (i) on television; or - (ii) in a newspaper, magazine or similar publication. - • a scheduled commercial flight over a State forest or timber reserve that is not part of a tour or scenic flight over the State forest or timber reserve - • a scheduled bus service through a State forest or timber reserve that is not a part of a tour or safari in the State forest or timber reserve - • conducting an activity in a State forest or timber reserve if the activity involves a trade and is conducted for the chief executive or the holder of a permit, licence or other authority for the State forest or timber reserve - • providing a mechanical or vehicle towing service for a visitor in a State forest or timber reserve - (i) on television; or - (ii) in a newspaper, magazine or similar publication.