Forests Act 1949

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Reprint as at 7 August 2020

Forests Act 1949

Public Act		1949 No 19
Date of assent		11 October 1949
Commencement		see section 1

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

This Act is administered by the Ministry for Primary Industries.

	Title
1	Short Title and commencement
2	Interpretation
	Part 1 Administration
3	Minister of Forestry
4	Delegation of Minister’s powers [Repealed]
4A	Delegation of powers by Secretary [Repealed]
5	New Zealand Forest Service [Repealed]
6	Conservancies [Repealed]
7	Director-General of Forests [Repealed]
8	Appointment of Conservators of Forests [Repealed]
9	Deputy of Secretary [Repealed]
10	Appointment of other officers
11	Forestry officers
12	Officers not eligible to hold licence or lease under this Act [Repealed]
13	Protection of forestry officers, etc
14	Functions of the Forest Service [Repealed]
15	Powers of Minister
15A	Powers in respect of leased land [Repealed]
15B	Collection and disclosure of statistical information
	Financial provisions
16	Receipts and expenditure
17	Proportion of timber royalties applicable for roadmaking in certain cases [Repealed]
	Part 2 State forest land
18	Minister may set apart land as State forest land [Repealed]
18A	Certificates of title for State forest land [Repealed]
19	Effect of setting apart land as State forest land [Repealed]
20	Forest sanctuaries [Repealed]
21	Errors of description in Proclamations may be amended [Repealed]
22	Exchanges of land and forest produce [Repealed]
23	Fencing of State forest land [Repealed]
24	State forest land not to be dealt with except pursuant to this Act [Repealed]
25	Maps of State forest land to be prepared and recorded [Repealed]
26	Management plans [Repealed]
27	Forest produce presumed to be the property of the Crown [Repealed]
28	Property in forest produce not to pass until paid for [Repealed]
29	Power to sell by auction without licence as auctioneer [Repealed]
	Licenses, leases, permits, etc [Repealed]
30	Power to grant licences, leases, permits, etc [Repealed]
31	Licences [Repealed]
32	Leases [Repealed]
33	Permits [Repealed]
34	Service tenancies [Repealed]
35	Mining privileges and coal-mining rights [Repealed]
36	Timber-cutting leases or licences over coal-bearing lands in State forests [Repealed]
37	Minister to enforce obligations of licensee, etc [Repealed]
38	Boundaries to be kept clear [Repealed]
39	Forfeiture of forest produce not removed during currency of licence [Repealed]
40	Forfeiture of licences, etc [Repealed]
41	Production of licence, etc, on demand [Repealed]
41A	Seizure of firearms [Repealed]
42	Power of entry on land [Repealed]
	Seizure of forest produce [Repealed]
43	Seizure of forest produce [Repealed]
44	Procedure subsequent to seizure [Repealed]
45	Disposal of forfeited produce [Repealed]
	Protection of State forest land against fire [Repealed]
46	Unlawful lighting of fires on State forest land [Repealed]
47	Offence to leave burning or smouldering substance [Repealed]
48	Right holders to provide firefighting equipment [Repealed]
49	Duty to endeavour to extinguish fires [Repealed]
50	Offence not to comply with 2 last preceding sections [Repealed]
51	Requisition of assistance to extinguish fires [Repealed]
52	Costs of firefighting [Repealed]
53	Operation of Forest and Rural Fires Act 1947 [Repealed]
	Offences
54	False entries or returns
55	Unlawful cutting or removal of forest produce [Repealed]
56	Unlawful interference with property of Crown [Repealed]
57	Offences with respect to State forest land and wildlife thereon [Repealed]
58	Cattle trespassing on State forest land may be destroyed [Repealed]
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 [Repealed]
63A	Recreation areas [Repealed]
63B	Establishment of State forest parks [Repealed]
63C	Management plans for State forest parks [Repealed]
63D	Open indigenous State forests [Repealed]
63E	Wilderness areas [Repealed]
63F	Regulations as to use of State forest land for public recreation [Repealed]
63G	Offences [Repealed]
63H	Application of other Parts of this Act [Repealed]
	Part 3 Ministry of Forestry administration of private forests
64	Minister of Forestry may act as agent for owner of private forest
65	Sale of Maori-owned forest [Repealed]
66	Administration of certain timber-bearing land in Buller Coalfield Reserve [Repealed]
67	Revenue under last preceding section [Repealed]
	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 record 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 1—Forest 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 2—Cost 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 are confirmable instruments
67ZU	Relationship of Part with Resource Management Act 1991
	Part 4 Miscellaneous provisions
68	Annual report [Repealed]
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 [Repealed]
71	Plants Act 1970 not affected [Repealed]
71A	Regulations as to establishment and powers of Timber Preservation Authority [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
	Forests Amendment Act 2004
	Reprint notes

An Act to consolidate and amend the law relating to forestry

Title: replaced (with effect on 1 April 1987), on 1 July 1987, by section 2 of the Forests Amendment Act 1987 (1987 No 118).

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Forests Act 1949

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