15Secretary's powers concerning timber harvesting

15 Secretary's powers concerning timber harvesting

s. 15

S. 15(1) amended by No. 76/1998

(1) For the purposes of complying with sections 52A to 52C of the Forests Act 1958, the Secretary—

(a) may enter land bordered in purple and shown by hatching on the plans referred to in Schedule 1;

(b) may take, sell or otherwise dispose of forest produce from that land;

(c) may grant licences or permits over that land under the Forests Act 1958 as if the land were reserved forest.

(2) For the purposes of sections 52A to 52E and the Third Schedule of the Forests Act 1958, the land referred to in subsection (1)(a) must be taken to be State forest.

(3) Subsections (1) and (2) cease to apply on the day after the date of expiry of the timber supply period which began on 1 July 1991.

S. 15(4) amended by No. 76/1998
s. 17(4).

(4) Despite subsection (3) a licence or permit granted in accordance with provisions applied by subsections (1) and (2) and in force immediately before subsections (1) and (2) cease to apply, has effect from the date referred to in subsection (3) as if granted by the Corporation, and as if any reference in the licence or permit to the Secretary were a reference to the Corporation;

S. 15(5) amended by No. 76/1998

(5) For the purpose of the provisions applied by subsections (1) and (2), the Secretary may charge and collect royalties and fees as if the forest produce concerned were owned by the Crown, and no royalties are payable by the Secretary to the Corporation for the taking of that forest produce.

(6) In this section, timber supply period has the same meaning as in the Forests Act 1958.

S. 15(7) inserted by No. 48/2004
s. 138(1).

(7) Despite the repeal of the definition of timber supply period in the Forests Act 1958, sections 52A to 52F of that Act and the Third Schedule to that Act by section 109 of the Sustainable Forests (Timber) Act 2004, for the purposes of this section, that definition, those sections and that Schedule continue to have effect as if they had not been repealed.