Forestry Regulation 2022 (2022-492) (NSW)

Forestry Regulation 2022

Part 1 Preliminary

1 Name of Regulation This Regulation is the Forestry Regulation 2022.

2 Commencement This Regulation commences on 1 September 2022.

Note— This Regulation replaces the Forestry Regulation 2012, which is repealed on 1 September 2022 by the Subordinate Legislation Act 1989, section 10(2).

3 Definitions The Dictionary in Schedule 3 defines words used in this Regulation.

Note— The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation.

Part 2 Control and management of forestry areas

Division 1 Preliminary

4 Definitions In this Part— machine means a device powered by an internal combustion engine, including the following— (a) a vehicle, (b) a stationary engine, (c) felling and logging equipment, (d) road making equipment, (e) chainsaws, (f) welding equipment. recreational activity includes the following— (a) abseiling, (b) BASE-jumping, (c) bungee jumping, (d) rock climbing, (e) caving, (f) parachuting, (g) whitewater rafting, (h) paragliding, (i) parasailing, (j) hang-gliding. vehicle— (a) has the same meaning as in the Crown Land Management Act 2016, and (b) includes a class of vehicles.

Division 2 Control of forestry areas generally

5 Direction to leave forestry area—the Act, s 92 (1) For the Act, section 92(2)(b) and (f) and despite a licence, forest permit or forest lease, a person must leave a forestry area in accordance with a direction given by an authorised officer— (a) if, in the officer's opinion, there is a relevant reason, or (b) if the person enters or remains in a forestry area in contravention of the Act or this Regulation, or (c) if the person— (i) causes inconvenience to another person, or (ii) otherwise contravenes the Act or this Regulation. Maximum penalty—20 penalty units. (2) For the Act, section 92(2)(g), an authorised officer may remove a person from a forestry area if the person fails to comply with a direction given under subsection (1). (3) In this section— relevant reason means— (a) a risk to the person or the person's property caused by— (i) forestry operations, or (ii) a bush fire, or (iii) bush fire hazard reduction work, within the meaning of the Rural Fires Act 1997, carried out by the land manager of the forestry area, or (iv) hazardous weather conditions, or (v) a damaged road, including as a result of hazardous weather, or (b) the person's presence is likely to disrupt other activities in the forestry area, or (c) the person's presence poses a risk to other persons or the property of other persons in the forestry area, or (d) the person's presence or actions pose a risk to the forestry area.