44Restrictions on issuing licences

#### 44 Restrictions on issuing licences 44 Restrictions on issuing licences (1916 Act, ss 27D–27F and 27H) > > (1) Licences in respect of flora reserves A timber licence, forest products licence or forest materials licence in respect of a flora reserve may not be issued unless— > > > > > (a) the conditions of the licence are in accordance with the working plan for the flora reserve, and > > > > > (b) the issue of the licence is approved by the Minister. > > > (2) Clearing licences A clearing licence may not be issued— > > > > > (a) in respect of land within a State forest that is not the subject of a forest lease or any other lease from the Crown, or > > > > > (b) in respect of land within a flora reserve, or > > > > > (c) in respect of Crown-timber land that is the subject of a Western lands lease within the meaning of Schedule 3 to the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058) and is not within a State forest or timber reserve, or > > > > > (d) if the Crown-timber land is— > > > > > > > (i) held subject to a prescribed Crown tenure—except to the holder of that tenure, or > > > > > > > (ii) purchase-tenure land within the meaning of Schedule 1—except to the owner (within the meaning of that Schedule) of that land, or > > > > > > > (iii) held under a forest lease—except to the lessee, or > > > > > (e) in respect of land in which the Biodiversity Conservation Trust holds an interest, or > > > > > (f) in respect of land that is subject to a private land conservation agreement under the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063), or > > > > > (g) in respect of land that is category 2-vulnerable regulated land under Part 5A of the [Local Land Services Act 2013](/view/html/inforce/current/act-2013-051), or > > > > > (h) to clear native vegetation within the meaning of Part 5A of the [Local Land Services Act 2013](/view/html/inforce/current/act-2013-051), or > > > > > (i) to ringbark or otherwise kill or destroy trees having economic value. > > > (3) Consent of lessees or trustees A timber licence or forest products licence may not be issued— > > > > > (a) in the case of land held under a conditional purchase lease under the Crown Land Acts—unless the lessee of that land consents to the issue of the licence, or > > > > > (b) in the case of land in respect of which trustees have been appointed for a public purpose—unless those trustees consent to the issue of the licence. > > > (4) Trees planted etc for certain purposes A timber licence or forest products licence may not be issued in respect of Crown-timber land (not being a State forest or flora reserve) if, in the opinion of the Corporation— > > > > > (a) trees have been planted or established on the land and have been maintained by careful tending and improvement as a woodlot or forest or for the purpose of tree-farming, or have been planted or established as a windbreak or for the beautification of the land, or > > > > > (b) the land is the subject of a forestry right, or > > > > > (c) the land has been substantially improved for farming purposes and the trees on the land are necessary for shade or shelter or for the purpose of the farming, improvement or protection of the land, > > > > unless the licence is subject to a condition preventing the holder of the licence from taking from the land to which the licence relates any such trees as are designated or described in the condition. > > > (5) The requirement to impose a condition in respect of land referred to in subsection (4)(c) extends only to trees designated or described in the condition and having a total timber content not exceeding 150 cubic metres as determined by the Corporation. > > > (6) Subsection (4) does not, in the case of Crown-timber land that is subject to a prescribed Crown tenure, apply to the issue of a timber licence or forest products licence to the holder of that tenure or, with the consent of that holder, to any other person. > > > (7) Protected plants and threatened species of plants A licence may not be issued under this Act for the removal from any State forest, flora reserve or other Crown-timber land of any protected plant (or any plant of, or part of, a threatened species or threatened ecological community) within the meaning of the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063). A licence is not operative to the extent that it relates to any such plant. > > > (8) However, the Corporation may, in accordance with this Act, issue a licence that authorises the removal from any State forest, flora reserve or other Crown-timber land of any such plant if— > > > > > (a) the authorisation is subject to a condition that the removal is to be undertaken in accordance with any relevant plant plan of management in force under the regulations made under the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063), or > > > > > (b) the Corporation is of the opinion that the plant would be damaged or destroyed in the taking of timber, forest products or forest materials under, or in the carrying out of any activity authorised by, this Act. > > **s 44:** Am 2016 No 63, Sch 11.3 \[2\] \[3\]; 2017 No 17, Sch 4.33 \[8\] \[9\].