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 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, or

(g) in respect of land that is category 2-vulnerable regulated land under Part 5A of the Local Land Services Act 2013, or

(h) to clear native vegetation within the meaning of Part 5A of the Local Land Services Act 2013, or

(i) to ringbark or otherwise kill or destroy trees having economic value.