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Forestry Act 2012
61Ancillary provisions relating to forest permits
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#### 61 Ancillary provisions relating to forest permits
61 Ancillary provisions relating to forest permits
(1916 Act, s 31(3)–(7))
> > (1) A forest permit may not be issued in respect of land within a flora reserve except—
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> > > (a) in accordance with the working plan for the reserve, and
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> > > (b) in the case of a permit authorising the occupation of the land—with the approval of the Minister.
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> > (2) A forest permit may not be issued in respect of land that is subject to a forestry right if the permit is for a purpose that is, in the opinion of the land manager, inconsistent with—
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> > > (a) the forestry right, or
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> > > (b) a restriction on the use of land, or forestry covenant, imposed in connection with the forestry right under Division 4 of Part 6 of the [Conveyancing Act 1919](/view/html/inforce/current/act-1919-006).
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> > (3) A forest permit may also be issued by the Corporation in respect of any Crown land that is not a forestry area (and not being Crown land that is held under a conditional lease and not reserved from sale or under a conditional purchase lease, closer settlement lease, group purchase lease, settlement purchase lease or returned soldiers’ special holding). Any such Crown land is taken to be a forestry area for the purposes of this Part (other than Division 3).
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> > (4) A forest permit may not be issued in respect of Crown land as referred to in subsection (3) except with the approval of the Minister administering the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058).
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> > (5) Any such Crown land in respect of which a forest permit is issued must not be available for sale during the currency of the permit.
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> > (6) A forest permit does not operate to withdraw the land to which it applies from any lease or licence under the [Crown Land Management Act 2016](/view/html/inforce/current/act-2016-058) or other Crown Land Acts or from any forest lease granted under this Act.
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> > (7) However, it is a condition of a forest permit that the holder of the permit must, in addition to any fee payable to the land manager in respect of the permit, pay any such licensee or lessee—
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> > > (a) in the case of a permit that authorises the grazing or watering of horses or cattle—such agistment fees as the land manager may determine, or
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> > > (b) in any other case—such compensation as may be determined by the Minister.
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> > (8) A forest permit may not be transferred except with the consent of the land manager.
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> **s 61:** Am 2017 No 17, Sch 4.33 \[11\] \[12\]; 2018 No 40, Sch 2 \[5\].