NSWIn ForceAct
Forestry Act 2012
60Forest permits for non-forestry uses
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#### 60 Forest permits for non-forestry uses
60 Forest permits for non-forestry uses
(1916 Act, ss 31(1)–(2) and 32F)
> > (1) The land manager of a forestry area may, on payment of the fee determined by the land manager, issue a forest permit authorising the holder of the permit to use the area for—
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> > > (a) the purposes specified in the permit, including recreational, sporting or commercial activities, and
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> > > (b) if the area is used for forestry operations with trees of exotic coniferous species—the construction and operation of renewable energy infrastructure.
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> > (1A) The land manager of a forestry area must not issue a permit under subsection (1)(b) unless the land manager is satisfied that issuing the permit—
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> > > (a) is consistent with the obligations of the land manager under a sustainable forest management certification scheme, including the following—
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> > > > (i) restrictions on converting forested land to non-forest uses,
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> > > > (ii) requirements to support local communities and timber processors with sustainable yield of forest products in the short, medium, and long term, and
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> > > (b) will not result in premature harvesting of timber that causes the Corporation to fail to meet a supply commitment to a local timber processor under a timber supply agreement, and
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> > > (c) will not result in more than 0.7% of forestry areas currently used for forestry operations with trees of exotic coniferous species being used for the construction and operation of renewable energy infrastructure, and
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> > > (d) will not result in a net loss of timber available for forestry operations, and
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> > > (e) will result in a net gain of land available for forestry operations, and
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> > (1B) The land manager of a forestry area must not issue a permit under subsection (1)(b) unless land used for forestry operations in substitution for the land subject to the permit—
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> > > (a) is a similar distance from local timber processors as the land for which it is substituted, and
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> > > (b) has an area at least twice as large as the area used for the construction and operation of renewable energy infrastructure, and
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> > > (c) is of the same or greater productive capacity, and
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> > > (d) has the same or greater average annual rainfall.
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> > (2) The amount of any such fee is subject to any maximum amount prescribed by the regulations. Any such regulation may only be made with the concurrence of the Treasurer.
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> > (3) The purposes for which a forestry area may be used under the authority conferred by a forest permit are not to include forestry operations or any purpose in respect of which a licence may be issued.
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> > (4) A forest permit is subject to such conditions as may be imposed by the land manager or by the regulations.
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> > (5) A forest permit may be issued for such period as the land manager thinks appropriate and may be renewed by the land manager.
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> > (6) The authority conferred by a forest permit is subject to the regulations.
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> > (7) In the event of any inconsistency between the activities carried out under the authority conferred by a licence and any use authorised by a permit issued by a land manager other than the Corporation, the licence prevails to the extent of the inconsistency.
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> **s 60:** Am 2021 No 34, Sch 3\[3\].