Forests Act 1949 No 19 (as at 08 December 2009), Public Act

Reprint as at 8 December 2009

Forests Act 1949

Public Act1949 No 19
Date of assent11 October 1949

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.

A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

This Act is administered in the Ministry of Forestry


Contents

Title

1 Short Title and commencement

2 Interpretation

Part 1
Administration

3 Ministry of Agriculture and Forestry

4 Delegation of Minister's powers [Repealed]

4A Delegation of powers by Secretary [Repealed]

9 Deputy of Secretary [Repealed]

10 Appointment of other officers

11 Forestry Officers

13 Protection of Forestry Officers, etc

15 Powers of Minister

15B Collection and disclosure of statistical information

Financial provisions

16 Receipts and expenditure

Part 2
State forest land

Offences

54 False entries or returns

59 Offences with respect to Forestry Officers

60 Other offences

61 General penalty for offences

62 Liability for loss or damage

63 Limitation of proceedings

Part 2A
Use of State forest land for public recreation

Part 3
Forest Service administration of private forests

64 Minister of Forestry may act as agent for owner of private forest

Part 3A
Provisions relating to indigenous forests

67A Part binds the Crown

67AB Part does not permit felling or harvesting other than in accordance with relevant enactment

67B Purpose

Export controls

67C Prohibition on export of certain indigenous forest produce

Sawmill controls

67D Prohibition on milling indigenous timber

67DA Forests on specified Maori land to which sawmill controls apply

Felling controls

67DB Prohibition on felling indigenous timber

Sustainable forest management plans

67E Sustainable forest management plans

67F Procedure for approval of sustainable forest management plans

67G Notice requirements

67H Secretary's power to require amendments to plans

67I Other provisions relating to review and amendment of sustainable forest management plans

67J Matters to be incorporated in sustainable forest management plans

67K Sustainable forest management plan to be recorded against certificate of title

67L Plan not to constitute subdivision

Miscellaneous provisions

67M Sustainable forest management permits

67N Provisions relating to representative area to be set aside

67O Beech coupe size

67P Rights of appeal

67Q Records

67R Powers of entry and seizure

67S Forfeiture of seized indigenous timber

67T Offences

67U Penalties

67V Relationship of Part with Resource Management Act 1991

Part 3B
Mechanism allowing landowners to access value created by Kyoto Protocol of carbon sequestration on land through establishment of forest sink covenants

67W Purpose of Part

67X Interpretation of Part

Subpart 1Forest sink covenants

67Y Regulation-making powers for forest sink covenants

67Z Content of forest sink covenants

67ZA Landowner must obtain written consent of interested persons to enter into, vary, or cancel forest sink covenants

67ZB Nothing in Part makes Crown liable

67ZC Sections 316 to 318 of Property Law Act 2007 do not apply to forest sink covenants

67ZD Registrar-General of Land to register forest sink covenants

67ZE The Crown may register charges with respect to land subject to forest sink covenants in certain circumstances

67ZF Liability to the Crown of persons who have or had landholding subject to registered forest sink covenants

67ZG Minister must give notice to Registrar-General of Land if forest sink covenants are varied, cancelled, or terminated

Subpart 2Cost recovery

67ZH Principles of cost recovery

67ZI Methods of cost recovery

67ZJ Cost recovery to relate generally to financial year

67ZK Minister may review levels and methods of cost recovery

67ZL Fees and charges to be prescribed by regulations

67ZM Levies

67ZN Contents of levy order

67ZO Trust accounts required to be kept by persons collecting levies

67ZP Exemptions, waivers, and refunds

67ZQ Fees, levies, and charges to constitute debt due to Secretary

67ZR Penalties for failure to pay fee, levy, or charge

67ZS Obligation to pay fee, levy, charge, or penalty not suspended by dispute

67ZT Levy orders to be confirmed

67ZU Relationship of Part with Resource Management Act 1991

Part 4
Miscellaneous provisions

68 Annual report [Repealed]

68A Supply contracts [Not in force]

68B Effect of registration of supply contract [Not in force]

68C Registration of discharge of supply contract [Not in force]

69 Control of injurious importations and exportations [Repealed]

70 Regulations as to control and eradication of diseases affecting trees, etc [Repealed]

70A Compensation for destruction of diseased trees [Repealed]

71 Plants Act 1970 not affected [Repealed]

71B Restrictions on exercise of power of entry

71C Powers relating to ships [Repealed]

72 Regulations

72A Remuneration and expenses

73 Repeals and savings

Schedule 1
Enactments repealed

Schedule 2
Provisions relating to sustainable forest management plans

Reprint notes


An Act to consolidate and amend the law relating to forestry

  • The Title was substituted by section 2 Forests Amendment Act 1987.

BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—