Conservation and Land Management Act 1984

Forest Management Regulations 1993

Reprint 2: The regulations as at 25 March 2011


Guide for using this reprint

What the reprint includes

Endnotes, Compilation table, and Table of provisions that have not come into operation

1.Details about the original regulations and legislation that has amended its text are shown in the Compilation table in endnote 1, at the back of the reprint. The table also shows any previous reprint.

2.Transitional, savings, modifying or other provisions identified in the Compilation table may be important. The table may refer to another endnote setting out the text of these provisions in full.

3.A table of provisions that have not come into operation, to be found in endnote 1a if it is needed, lists any provisions of the regulations being reprinted that have not come into operation and any amendments that have not come into operation. The full text is set out in another endnote that is referred to in the table.

Notes amongst text (italicised and within square brackets)

1.If the reprint includes a regulation that was inserted, or has been amended, since the regulations being reprinted were made, editorial notes at the foot of the regulation give some history of how the regulation came to be as it is. If the regulation replaced an earlier regulation, no history of the earlier regulation is given (the full history of the regulations is in the Compilation table).

Notes of this kind may also be at the foot of Schedules or headings.

2.The other kind of editorial note shows something has been —

removed (because it was repealed or deleted from the law); or

omitted under the Reprints Act 1984 s. 7(4) (because, although still technically part of the text, it no longer has any effect).

The text of anything removed or omitted can be found in an earlier reprint (if there is one) or one of the written laws identified in the Compilation table.

Reprint numbering and date

1.The reprint number (in the footer of each page of the document) shows how many times the regulations have been reprinted. For example, numbering a reprint as “Reprint 3” would mean that the reprint was the 3rd reprint since the regulations were published. Reprint numbering was implemented as from 1 January 2003.

2.The information in the reprint is current on the date shown as the date as at which the regulations are reprinted. That date is not the date when the reprint was published by the State Law Publisher and it is probably not the date when the most recent amendment had effect.

 

 

 

 

Reprinted under the Reprints Act 1984 as

at 25 March 2011

Forest Management Regulations 1993

CONTENTS

Part 1 — Preliminary

1.Citation1

2.Terms used1

3.Limited application of regulations to persons exercising powers under Bush Fires Act 19544

Part 2 — Registration of timber workers

4.Terms used5

5.Unregistered person not to engage in timber harvesting etc.5

6.Person not to employ unregistered person to engage in timber harvesting etc.5

7.Exceptions to r. 5 and 66

8.Application for registration6

9.Registration6

10.Duration of registration7

11.Renewal of registration7

12.Conditions7

13.Certificates of registration8

14.Register8

15.Certificate of registration to be carried and produced on request9

16.Change in particulars, registered person to notify CEO etc.9

17.CEO may cancel, suspend, refuse to renew etc. registration10

18.Return of certificate of registration11

Part 3 — General requirements relating to felling of trees in State forests and timber reserves

19.Felling of trees outside coupes generally prohibited12

20.Authorisation to fell individual trees outside coupes12

21.Forest officer to record coupes allocated etc.13

22.Obstructing railways, roads etc. by felling trees13

23.Damaging power lines etc. by felling trees13

Part 4 — Identification codes

Division 1 — Identification of fellers

24.Person not to fell tree in State forest or timber reserve without feller’s identification code14

25.Application for feller’s identification code14

26.Registration of feller’s identification code14

Division 2 — Identification of log timber removed from private land

27.Log timber removed from private land to be identified15

28.Application for owner’s identification code15

29.Registration of owner’s identification code16

30.Alteration etc. of owner’s identification code prohibited16

31.Use of incorrect owner’s identification code prohibited16

32.Marking of owner’s identification code on State forest timber prohibited17

Division 3 — General

33.Identification codes not transferable17

34.Register of identification codes17

Part 5 — Log delivery notes

35.Log timber not to be removed from State forest or timber reserve unless log delivery note completed18

36.Information required in log delivery note18

37.One log delivery note may be used for multiple logs19

38.Copies to be made of log delivery note19

39.Issue and form of log delivery notes19

40.Return of unused log delivery notes20

41.Destruction of log delivery notes prohibited20

42.CEO may require log delivery notes to be returned or accounted for20

43.False statements21

44.Alteration etc. of log delivery notes prohibited21

45.Log delivery notes to be carried in vehicle21

46.Driver of loaded vehicle to produce log delivery note22

47.Timber to be delivered to person and place specified in log delivery note22

48.Log delivery note to be delivered with timber22

49.Checking of log delivery notes in field, CEO’s duty as to23

Part 6 — Specific requirements relating to sawmills

50.Log timber from State forest or timber reserve not to be received at sawmill without log delivery note24

51.Log delivery note to be signed at sawmill24

52.Original of log delivery note to be delivered to CEO within 3 days after receipt at sawmill24

Part 7 — Determination of log timber quantity

53.Quantity to be immediately entered in log delivery note25

54.Incorrect quantity not to be entered in log delivery note25

55.Unquantified timber not to be stored or processed at sawmill25

56.Determining quantity for contracts26

Part 8 — Log timber receival records

57.Record of log timber receivals to be made27

58.CEO to supply forms27

59.Copy of records to be kept for 2 years27

60.Alteration etc. of receival records prohibited28

61.Removal of records prohibited28

62.Receival records to be given to CEO after end of each month28

63.False entries28

64.Forest officer to record sawmill inspection or enquiry (Act s. 119A)29

Part 9 — Sale of forest produce by auction or tender

65.CEO may regulate sale by auction or tender for royalty purposes30

66.CEO to advertise sale by auction or tender for royalty purposes30

67.CEO to notify results of sale by auction or tender31

Part 10 — Forest produce licences

68.Application of Part32

69.Forest produce licence, form of32

70.Forest produce licence does not authorise felling of trees etc.32

71.Forest produce licences to be carried and produced on request33

Part 13 — Fire prevention

89.Forest officer may ban activity etc. where fire risk34

91.Fire lookout towers and trees not to be climbed etc.34

92.Rate of remuneration prescribed (Act s. 135(2))35

Part 14 — Marking out of mining tenements in State forests and timber reserves

93.Terms used36

94.Conditions and limitations prescribed for Mining Act 1978 s. 26(2)(b)36

95.Duties of person marking out36

96.Person not to make camp, fuel depot etc. in State forest or timber reserve37

97.Part 16 not affected37

Part 15 — Collection of firewood

98.Public firewood areas, designation of38

99.Removing firewood from public firewood areas38

100.Fees for removing firewood from public firewood areas38

101.Restrictions on removing etc. firewood from public firewood areas39

102.Person may be directed to leave public firewood area39

Part 16 — Control and eradication of forest diseases

104.Term used: written authorisation41

105.Application of Part41

106.Written authorisation of activities in risk areas41

107.Verbal authorisation in emergency of activities in risk area42

108.Entry, use or movement of potential carrier in risk area without authorisation or contrary to condition42

109.Entry, use or movement of potential carrier in risk area or disease area contrary to instruction or direction43

110.Erection of signposts and barricades43

111.Written authorisation to be carried and produced on request43

112.Written authorisation to terminate on breach of condition44

113.Person to provide information on request44

114.Authorised person may stop and examine potential carrier44

115.Authorised person may direct carrier to quarantine station44

116.Authorised person may direct person to clean and disinfect carrier45

117.Quarantine stations, establishment etc. of45

118.Period of treatment or quarantine45

119.Cleansing and disinfecting to be carried out as directed45

120.Owner to identify etc. person in charge of carrier46

121.Authorised person may detain, control or remove carrier46

122.Authorised person may remove person from risk area47

123.Person in risk area or disease area to give name and address on request47

124.Driver of potential carrier to comply with request to stop, signpost etc.47

125.Person not to obstruct, hinder etc. authorised person48

Part 17 — Powers of forest officers

126.Stopping and detaining vehicles49

127.Directions as to route for movement of forest produce49

128.Seized forest produce49

Part 18 — Miscellaneous

129.Statistical information, CEO may require provision of50

130.False or misleading information50

135.Damage to other forest produce to be minimized50

136.Destroying etc. seized forest produce prohibited51

137.Damage to tables and other facilities51

138.Export karri timber to be marked51

139.Marks used by forest officers51

140.Trees etc. not to be marked etc. without authority54

141.Maximum penalty prescribed (Act s. 95(2)(b))55

142.Royalties prescribed (Act s. 96(1))55

143.Rent for sawmill permit55

144.False documents, statements etc. for registration purposes56

145.Registers, form of57

146.Registers, amending57

147.Registers, obtaining extracts from57

148.CEO, on request, to provide information as to permits, fees etc.58

149.CEO, on request, to provide general scale of royalties58

151.Miscellaneous fees (Sch. 5)58

152.Review of certain decisions of CEO by State Administrative Tribunal58

154.Transitional provisions (Sch. 6)59

Schedule 1 — Procedures for the determination of log timber quantity

Part A — Determination of volume of hardwood log timber by individual log measurement

1.Length measurement60

2.Diameter measurement60

3.Volume, calculation of61

4.Logs halved along their length, measurement of62

Part B — Determination of volume of softwood log timber by individual log measurement

1.Length measurement62

2.Diameter measurement63

3.Volume, calculation of63

Part C — Determination of quantity of log timber by weighing

1.Equipment required64

2.Printer requirements for weighbridges64

3.Weighing procedure at weighbridge at sawmill64

4.Weighing procedure at weighbridge not at sawmill65

5.Procedure on breakdown of weighing equipment65

6.Procedure where vehicle and trailer cannot be weighed together66

Part D — Determination of volume of log timber by bin measure

1.Length of timber66

2.Height of load67

3.Width of load67

4.Stacking of timber67

5.Miscellaneous67

6.Volume, calculation of67

Part E — Determination of volume of log timber by infra red log scanner

1.Terms used68

2.Equipment to be approved by CEO68

3.Verification before each shift68

4.Verification after interruption69

5.Measurement verification test69

6.Test object to be approved70

7.Tolerance limits for measurement verification test70

8.Tolerance limits not met, consequences of70

9.Log timber to be scanned on receival day etc.71

10.Intake deck, requirements for log timber on71

11.Large or defective logs, procedure for71

12.Log timber not scanned on receival day, procedure for71

13.Breakdown of log scanner etc. to be notified71

14.Log timber received during breakdown of log scanner etc., determining volume of72

15.Log timber received before breakdown of log scanner etc. and not scanned, dealing with72

16.Reconciling number of logs with number on delivery note73

17.Daily report of log delivery73

18.Arrangement of daily report73

Schedule 2 — Forms

Schedule 3 — Prescribed royalties for timber taken on mining tenement for mining purposes

Schedule 5 — Miscellaneous fees

Schedule 6 — Transitional

1.Time allowed for timber workers to comply with r. 580

2.Time allowed for employers etc. to comply with r. 680

3.Time allowed for fellers to comply with r. 2480

4.Apiary site licences and temporary and annual apiary site permits to continue to operate81

5.Authorisation to continue to have effect81

Notes

Compilation table82

Defined Terms

 

 

Crest

Reprinted under the Reprints Act 1984 as

at 25 March 2011

Conservation and Land Management Act 1984

Forest Management Regulations 1993

Part 1  Preliminary

1.Citation

These regulations may be cited as the Forest Management Regulations 1993 1.

2. Terms used

In these regulations, unless the contrary intention appears —

bush landing, in relation to log timber, means the place in a State forest or timber reserve where the timber is first loaded onto a vehicle for transport or removal after the timber has been felled;

buyer, in relation to log timber, means the buyer of that timber under a contract of sale;

contract of sale means a contract under section 88(1)(b)(i) of the Act in which the CEO contracts with any person for the sale of forest produce on or from Crown land;

contract to harvest and deliver means a contract under section 88(1)(b)(ii) of the Act in which the CEO contracts with any person for that person to harvest log timber on Crown land and to deliver that timber to the buyer;

contractor, in relation to a contract to harvest and deliver, means the person contracting with the CEO under that contract;

coupe means an area in a State forest or timber reserve that is set aside for the purpose of logging in a logging plan;

Crown land has the same meaning as in section 87 of the Act;

district means a district designated by the CEO for the administrative purposes of the Department;

fell includes fell by machine;

feller’s identification code means an identification code registered in respect of a feller under regulation 26;

forest produce licence means a licence granted by the CEO under section 88(1)(a) of the Act to take forest produce on or from Crown land;

log delivery note means a log delivery note referred to in Part 5;

logging plan means a plan formulated by the Department for the logging of timber in State forests and timber reserves in a district;

manager, in relation to a sawmill, means a person having the immediate charge and direction of operations at a sawmill;

owner, in relation to private land, means any person who is registered as the proprietor of an estate in fee simple in that land;

owner, in relation to a sawmill, means any person who is the proprietor, lessee or occupier of the sawmill and includes a person in occupation under contract with the owner or under a subcontract;

owner’s identification code means an identification code registered in respect of the owner or owners of private land under regulation 29;

permit means a permit granted by the CEO under section 88(1)(a) of the Act to take forest produce on or from Crown land;

private land means land other than public land;

product type, in relation to log timber, means the description, classification and grade (being a description, classification and grade specified in a log delivery note) assigned to that log timber in the log delivery note for the timber;

public land has the same meaning as in section 81 of the Act;

receival record means a record referred to in Part 8;

repealed Act means the Forests Act 1918 repealed by section 147 of the Conservation and Land Management Act 1984;

repealed regulations means —

(a)the Forest Regulations 1957 repealed by regulation 153(1) 2; or

(b)the Forest Diseases Regulations 1975 repealed by regulation 153(2) 2;

sawmill means a place where any operation for the purpose of preparing, treating or processing timber is carried on;

softwood means timber of the class Coniferae (Conifers);

State forest includes land to which section 131 of the Act applies;

timber harvesting means the felling, trimming, docking, splitting, debarking, extracting, sorting or loading of timber and includes the supervision of any of those activities;

tree includes a tree that is dead provided the tree is still standing;

working day means a day other than a Saturday, Sunday, public service holiday or a bank holiday or public holiday (either throughout the State or in the part of the State relevant to the event, act or thing concerned).

[Regulation 2 amended in Gazette 29 Mar 1996 p. 1505; 21 Apr 1998 p. 2113; 3 May 2002 p. 2294; 3 Sep 2010 p. 4273 and 4276.]

3.Limited application of regulations to persons exercising powers under Bush Fires Act 1954

These regulations, other than Part 16, do not apply to, or in relation to, a person exercising any power or performing any function or duty under the Bush Fires Act 1954.

Part 2  Registration of timber workers

4. Terms used

In this Part —

certificate of registration means a certificate of registration issued under regulation 13;

registration means registration under this Part as a timber worker.

5.Unregistered person not to engage in timber harvesting etc.

Except as provided in regulation 7, a person shall not engage —

(a)in timber harvesting in a State forest or timber reserve; or

(b)in the transport of log timber harvested in a State forest or timber reserve,

unless that person is registered under this Part as a timber worker.

Penalty: $2 000.

6.Person not to employ unregistered person to engage in timber harvesting etc.

Except as provided in regulation 7, a person shall not employ or remunerate a person to engage —

(a)in timber harvesting in a State forest or timber reserve; or

(b)in the transport of log timber harvested in a State forest or timber reserve,

unless the second‑mentioned person is registered under this Part as a timber worker.

Penalty: $2 000.

7.Exceptions to r. 5 and 6

A person who —

(a)takes forest produce from a State forest or timber reserve pursuant to a forest produce licence; or

(b)removes firewood from a State forest or timber reserve in accordance with Part 15; or

(c)transports forest produce referred to in paragraph (a) or firewood referred to in paragraph (b),

is not, by reason only of that activity, required to be registered under this Part as a timber worker.

8.Application for registration

(1)An application for registration shall —

(a)be made to the CEO in a form approved by the CEO; and

(b)be accompanied by documentary evidence of any qualification held by the applicant that relates to timber harvesting or the transport of timber.

(2)The applicant shall provide the CEO with such further information as the CEO requires in any particular case.

(3)An application for registration may be delivered to —

(a)the CEO; or

(b)the forest officer in charge of a district in which the applicant intends to work.

[Regulation 8 amended in Gazette 3 Sep 2010 p. 4276.]

9.Registration

(1)Subject to subregulations (2) and (3), the CEO shall, on payment of the fee specified in item 1 of Schedule 5, register the applicant under this Part as a timber worker.

(2)The CEO may refuse an application for registration on the grounds that —

(a)the applicant has been convicted of an offence against the Act, the repealed Act, these regulations or the repealed regulations;

(b)the applicant’s registration is suspended or, the applicant has previously been registered as a timber worker under these regulations and the CEO cancelled or refused to renew that registration under regulation 17;

(c)the applicant has been convicted of an offence, other than an offence referred to in paragraph (a), that relates to timber harvesting or the transport of timber;

(d)the application contains or is accompanied by information that is false or misleading in a material particular.

(3)The CEO shall not register a person other than a natural person as a timber worker under this Part.

[Regulation 9 amended in Gazette 3 Sep 2010 p. 4276.]

10.Duration of registration

Subject to these regulations, registration is valid for a period of 3 years from the day on which registration is effected.

[Regulation 10 amended in Gazette 28 Apr 1995 p. 1459.]

11.Renewal of registration

Subject to regulation 17, the CEO may, on payment of the fee specified in item 2 of Schedule 5, renew the registration of any person for a further period of 3 years.

[Regulation 11 amended in Gazette 28 Apr 1995 p. 1460; 3 Sep 2010 p. 4276.]

12.Conditions

(1)The CEO may impose such conditions or restrictions upon the grant or renewal of registration as the CEO thinks fit, and may at any time by notice in writing vary or add to any such conditions or restrictions.

(2)Without limiting subregulation (1), a condition or restriction imposed under that subregulation may limit the type of work that a person may perform in a State forest or timber reserve.

(3)A person who is registered under this Part as a timber worker shall not contravene a condition or restriction imposed in relation to that registration under subregulation (1).

Penalty: $2 000.

[Regulation 12 amended in Gazette 3 Sep 2010 p. 4276.]

13.Certificates of registration

(1)The CEO shall on the grant or renewal of registration issue a certificate of registration to the applicant.

(2)The CEO shall endorse on the certificate of registration —

(a)the name and address of the person being registered;

(b)the name and address of the person’s employer (if any);

(c)any relevant qualifications held by the person;

(d)any conditions or restrictions imposed in relation to the registration;

(e)such other information as the CEO thinks fit.

[Regulation 13 amended in Gazette 3 Sep 2010 p. 4276.]

14.Register

The CEO shall cause to be compiled and maintained a register of all persons who are registered under this Part showing in respect of each person —

(a)the name and address of the person;

(b)the date of birth of the person;

(c)particulars of any relevant qualifications held by the person;

(d)the name and address of the person’s employer;

(e)any conditions or restrictions imposed by the CEO in relation to the person’s registration;

(f)the date on which the person was registered and the date on which the person’s registration was last renewed;

(g)such other information as the CEO determines to be relevant.

[Regulation 14 amended in Gazette 3 Sep 2010 p. 4276.]

15.Certificate of registration to be carried and produced on request

A person registered under this Part as a timber worker shall —

(a)carry his or her certificate of registration or a copy of that certificate of registration at all times while engaged in timber harvesting in a State forest or timber reserve or in the transport of log timber harvested in a State forest or timber reserve; and

(b)when required to do so by a forest officer or a conservation and land management officer, produce for inspection his or her certificate of registration or a copy of that certificate of registration to the officer.

Penalty: $100.

16.Change in particulars , registered person to notify CEO etc.

(1)A person registered under this Part as a timber worker shall notify the CEO in writing of any change —

(a)in the qualifications held by the person;

(b)of employer of that person,

relevant to the person engaging in timber harvesting or the transport of timber, as soon as practicable after that change takes place.

Penalty: $100.

(2)The CEO shall cause —

(a)to be entered in the register; and

(b)to be endorsed on the relevant certificate of registration,

details of any change notified to the CEO under subregulation (1).

[Regulation 16 amended in Gazette 3 Sep 2010 p. 4276.]

17.CEO may cancel, suspend, refuse to renew etc. registration

(1)Subject to this regulation, the CEO may cancel, suspend for any period, or refuse to renew, the registration of any person on the grounds that —

(a)the person has been convicted of an offence against the Act, these regulations or the repealed regulations; or

(b)the person has contravened a condition or restriction imposed in relation to that registration; or

(c)the registration was obtained by fraud or misrepresentation.

(2)If the CEO proposes to cancel, suspend, or refuse to renew, the registration of a person, the CEO shall give to the person notice in writing of the proposal and the CEO’s reasons for the proposal.

(3)A notice given under subregulation (2) shall state that within 21 days after the notice being given, the person to whom it is given may make representations in writing to the CEO concerning the matter, and the CEO shall not determine the matter without considering any representations received within that period of 21 days.

(3a)If the CEO proposes to cancel, suspend, or refuse to renew, the registration of a person, the CEO shall give to the person’s employer notice in writing of the proposal.

(4)If the CEO cancels, suspends, or refuses to renew, the registration of a person under this regulation, the CEO shall give to the person and to the person’s employer notice in writing of the cancellation, suspension or refusal to renew.

(5)Nothing in this regulation affects any contractual right that the CEO or a forest officer may exercise under a contract to harvest and deliver.

[Regulation 17 amended in Gazette 28 Apr 1995 p. 1460; 3 Sep 2010 p. 4276.]

18.Return of certificate of registration

(1)The CEO may require the holder of a certificate of registration to return the certificate to the CEO where —

(a)the person’s registration has been cancelled, suspended or has not been renewed;

(b)the CEO is required by these regulations to endorse any matter on the certificate.

(2)A person shall, as soon as practicable after being required to do so under subregulation (1), return his or her certificate to the CEO.

Penalty: $100.

[Regulation 18 amended in Gazette 3 Sep 2010 p. 4276.]

Part 3  General requirements relating to felling of trees in State forests and timber reserves

19.Felling of trees outside coupes generally prohibited

(1)Except as provided in regulation 20, a person shall not fell any tree in a State forest or timber reserve unless —

(a)the tree is in a coupe allocated in writing to the person for that purpose by the forest officer in charge of the district in which the tree is located; and

(b)the tree has not been designated for retention.

Penalty: $2 000.

(2)For the purposes of subregulation (1)(b), a tree in a coupe has been designated for retention if —

(a)the trees in the coupe that are to be felled have been individually marked by a forest officer and the relevant tree is not so marked; or

(b)the trees in the coupe that are to be retained have been individually marked by a forest officer and the relevant tree is so marked.

20.Authorisation to fell individual trees outside coupes

Notwithstanding regulation 19, a person may fell a tree in a State forest or timber reserve that is not in a coupe if —

(a)the forest officer in charge of the district in which the tree is located has specifically authorised the felling of the tree by that person; and

(b)the tree has been marked by a forest officer with a mark referred to in regulation 139(d) to identify the tree.

21.Forest officer to record coupes allocated etc.

The forest officer in charge of a district shall ensure that a record is made in writing of —

(a)every coupe allocated to a person for the purpose of felling in the district;

(b)every authorisation that is given to fell a tree in a State forest or timber reserve in the district that does not form part of a coupe,

and the record shall include details of —

(c)the location of the coupe or tree; and

(d)the person to whom the coupe is allocated or who is authorised to fell the tree; and

(e)the date of the allocation or authorisation.

22.Obstructin g railways, roads etc. by felling trees

(1)A person shall not cause a railway, road, track or watercourse to be obstructed by the felling of a tree in a State forest or timber reserve.

Penalty: $2 000.

(2)A person who contravenes subregulation (1) is, in addition to any penalty incurred under that subregulation, liable to pay to the CEO a sum equal to the cost of removing the obstruction.

(3)A sum referred to in subregulation (2) is a debt due to the CEO and is recoverable in a court of competent jurisdiction.

[Regulation 22 amended in Gazette 3 Sep 2010 p. 4276.]

23.Damaging power lines etc. by felling trees

A person shall not cause damage to a power line, pipe line or telephone line by the felling of a tree in a State forest or timber reserve.

Penalty: $2 000.

Part 4 — Identification codes

Division 1 — Identification of fellers

24.Person not to fell tree in State forest or timber reserve without feller’s identification code

A person shall not fell a tree in a State forest or timber reserve unless a feller’s identification code has been registered in respect of that person under regulation 26.

Penalty: $2 000.

25.Application for feller’s identification code

(1)An application for a feller’s identification code shall —

(a)be made to the CEO in a form approved by the CEO; and

(b)be accompanied by documentary evidence of any matter that the CEO considers necessary in relation to such an application.

(2)The applicant shall provide the CEO with such further information as the CEO requires in any particular case.

[Regulation 25 amended in Gazette 3 Sep 2010 p. 4276.]

26.Registration of feller’s identification code

(1)The CEO shall on being satisfied that an applicant —

(a)intends to fell trees in a State forest or timber reserve; and

(b)is qualified to fell trees,

register an identification code in respect of the applicant.

(2)The CEO shall —

(a)determine the identification code that is to be registered in respect of the applicant; and

(b)allocate a different identification code to each applicant.

(3)The CEO shall not register an identification code in respect of a person other than a natural person.

[Regulation 26 amended in Gazette 3 Sep 2010 p. 4276.]

Division 2 — Identification of log timber removed from private land

27.Log timber removed from private land to be identified

A person shall not cause or permit log timber that has been felled on private land to be removed from that land for the purpose of processing at a sawmill unless the log timber is distinctly marked, branded or otherwise identified with an identification code registered under regulation 29 in respect of the owner or owners of that land.

Penalty: $2 000.

28.Application for owner’s identification code

(1)An application for an owner’s identification code may be made by an owner or occupier of private land or by any other person who intends to remove log timber from that land for the purpose of processing at a sawmill.

(2)An application for an owner’s identification code shall —

(a)be made to the CEO in a form approved by the CEO; and

(b)be accompanied by documentary evidence of any matter that the CEO considers necessary in relation to such an application.

(3)An applicant shall provide the CEO with such further information as the CEO requires in any particular case.

[Regulation 28 amended in Gazette 3 Sep 2010 p. 4276.]

29.Registration of owner’s identification code

(1)The CEO shall on being satisfied —

(a)as to the identity of the owner or owners of any private land; and

(b)that the applicant is the owner or occupier of that land or some other person who intends to remove log timber from that land for the purpose of processing at a sawmill,

and upon payment of the fee specified in item 3 of Schedule 5, register an identification code in respect of the owner or owners of the land.

(2)The CEO shall —

(a)determine the identification code that is to be registered in respect of the owner or owners of private land; and

(b)allocate a different identification code in respect of each different owner or each different combination of owners (as the case may be) of private land.

[Regulation 29 amended in Gazette 3 Sep 2010 p. 4276.]

30.Alteration etc. of owner’s identification code prohibited

A person shall not alter, obliterate, erase or deface an owner’s identification code that is marked or branded on any log timber unless authorised in writing to do so by the CEO or a forest officer.

Penalty: $2 000.

[Regulation 30 amended in Gazette 3 Sep 2010 p. 4276.]

31.Use of incorrect owner’s identification code prohibited

A person shall not mark or brand any timber felled on private land with an owner’s identification code registered in respect of a person or persons other than the owner or owners of that land.

Penalty: $2 000.

32.Marking of owner’s identification code on State forest timber prohibited

A person shall not mark or brand an owner’s identification code on timber felled in a State forest or timber reserve.

Penalty: $2 000.

Division 3 — General

33.Identification codes not transferable

An identification code registered under this Part is not transferable.

34.Register of identification codes

The CEO shall cause to be compiled and maintained a register showing in respect of each identification code registered under this Part —

(a)the name and address of the person or persons to whom the identification code is allocated;

(b)such other information as the CEO determines to be relevant.

[Regulation 34 amended in Gazette 3 Sep 2010 p. 4276.]

Part 5  Log delivery notes

35.Log timber not to be removed from State forest or timber reserve unless log delivery note completed

(1)Except as provided in subregulation (2), a person shall not remove log timber that has been felled in a State forest or timber reserve from —

(a)a bush landing; or

(b)any other place in a State forest or timber reserve,

unless a log delivery note has been completed in accordance with this Part in respect of that timber.

Penalty: $2 000.

(2)Subregulation (1) does not apply to or in relation to —

(a)the removal of log timber from the place where the timber has been felled to a bush landing; or

(b)the removal of log timber that has been taken pursuant to a forest produce licence or in accordance with Part 15.

36.Information required in log delivery note

A log delivery note shall contain the following information written in indelible pencil or indelible ink —

(a)the date of removal of the log timber; and

(b)the name of the person to whom the log timber is to be delivered; and

(c)the address of the place to which the log timber is to be delivered; and

(d)the species, description, classification and grade of the log timber (being a species, description, classification and grade specified in the log delivery note); and

(e)details of the location where the log timber was felled; and

(f)if each log of timber is to be measured individually, the number of logs on the load; and

(g)if the log timber is being removed under a contract to harvest and deliver, the name of the contractor and details of the contract; and

(h)the feller’s identification code of the feller of the timber; and

(i)the registration number of the vehicle on which the log timber is to be transported; and

(j)the signature of the driver of the vehicle transporting the log timber and, where that person did not load the timber onto the vehicle, the signature of the person or of each of the persons who loaded the timber onto the vehicle.

37.One log delivery note may be used for multiple logs

One log delivery note may be completed in respect of 2 or more logs of timber in a load if the timber —

(a)is of the same description, classification and grade (being a description, classification and grade specified in a log delivery note); and

(b)has the same destination; and

(c)in the case of timber that is to be quantified by weighing, is to be weighed simultaneously,

but in any other case a log delivery note shall be completed in respect of each log of timber in the load.

38.Copies to be made of log delivery note

A person completing a log delivery note shall ensure that 3 carbon copies are made of the log delivery note.

Penalty: $1 000.

39.Issue and form of log delivery notes

(1)The CEO is responsible for the issue and supply of books of log delivery notes.

(2)Upon the issue of a book of log delivery notes the CEO may require the recipient to sign a receipt for the book.

(3)A person shall not use a form of log delivery note other than a form supplied by the CEO.

Penalty: $50.

[Regulation 39 amended in Gazette 3 Sep 2010 p. 4276.]

40.Return of unused log delivery notes

A person to whom a book of log delivery notes has been issued by the CEO shall, as soon as practicable after the expiration of 12 months from the day on which the book was issued, return to the CEO any log delivery note in the book that has not been used.

Penalty: $1 000.

[Regulation 40 amended in Gazette 3 Sep 2010 p. 4276.]

41.Destruction of log delivery notes prohibited

A person shall not destroy a log delivery note, whether completed, partially completed or unused, unless authorised in writing to do so by the CEO.

Penalty: $1 000.

[Regulation 41 amended in Gazette 3 Sep 2010 p. 4276.]

42. CEO may require log del ivery notes to be returned or accounted for

Notwithstanding regulation 40, a person to whom a book of log delivery notes has been issued by the CEO, when required by the CEO by notice in writing —

(a)to return the book or any log delivery note in the book to the CEO, shall not refuse or fail to do so within a period specified in the notice; or

(b)to account for the whereabouts of the book or any log delivery note in the book, shall not refuse or fail to do so within a period specified in the notice or give a false account of the whereabouts of the book or log delivery note.

Penalty: $2 000.

[Regulation 42 amended in Gazette 3 Sep 2010 p. 4276‑7.]

43.False statements

A person shall not make any statement or provide any information in a log delivery note that is false or misleading in a material particular.

Penalty: $2 000.

44.Alteration etc. of log delivery notes prohibited

A person shall not alter or obliterate any statement or information entered in a log delivery note unless, in the case of an alteration, the alteration is —

(a)made for the purpose of correcting a bona fide mistake as soon as practicable after the mistake is discovered; and

(b)made in such a manner as to leave the statement or information that is altered legible; and

(c)initialled by the person making the alteration immediately after the alteration is made.

Penalty: $2 000.

45.Log delivery notes to be carried in vehicle

The driver of any vehicle carrying log timber for which a log delivery note is required under this Part shall ensure that at all times during the transportation of the timber, the original and 3 copies of the log delivery note duly completed in respect of that timber are carried in the vehicle.

Penalty: $2 000.

46.Driver of loaded vehicle to produce log delivery note

(1)A forest officer or a conservation and land management officer may require the driver of any vehicle carrying log timber —

(a)in a State forest or timber reserve; or

(b)on any road,

to produce for inspection any log delivery notes completed in respect of the timber that are in the possession of the driver.

(2)The driver of a vehicle shall comply with a requirement made under subregulation (1).

Penalty: $2 000.

(3)A forest officer or a conservation and land management officer (as the case may be) shall sign any log delivery note produced to the forest officer or conservation and land management officer under this regulation and shall endorse on the log delivery note the date and place at which the inspection took place.

47.Timber to be delivered to person and place specified in log delivery note

A person shall not deliver any log timber for which a log delivery note is required under this Part to —

(a)a person other than the person specified in the log delivery note for that timber as being the person to whom the log timber is to be delivered; or

(b)a place other than the place specified in the log delivery note for that timber as being the place to which the log timber is to be delivered.

Penalty: $2 000.

48.Log delivery note to be delivered with timber

Where log timber is delivered to any person, the driver of the vehicle carrying the timber shall ensure that the original of any log delivery note completed in respect of that timber is delivered to that person with the timber.

Penalty: $2 000.

49.Checking of log delivery notes in field , CEO’s duty as to

The CEO shall endeavour to ensure that, in any calendar month, not less than 5% of log delivery notes completed in respect of log timber removed from State forests and timber reserves during that month are checked by forest officers against the timber either —

(a)before the timber is removed from the State forest or timber reserve; or

(b)en route to the buyer of that timber; or

(c)at the sawmill where the timber is to be processed,

to ensure that the log delivery notes have been accurately completed.

[Regulation 49 amended in Gazette 3 Sep 2010 p. 4276‑7.]

Part 6  Specific requirements relating to sawmills

50.Log timber from State forest or timber reserve not to be received at sawmill without log delivery note

The owner and the manager of a sawmill shall ensure that log timber that has been felled in a State forest or timber reserve is not received at the sawmill unless the log timber is accompanied by a log delivery note duly completed in respect of that timber.

Penalty: $2 000.

51.Log delivery note to be signed at sawmill

The owner and the manager of a sawmill shall ensure that when any log timber that has been felled in a State forest or timber reserve is received at the sawmill —

(a)the log delivery note completed in respect of, and accompanying, that timber is immediately signed by a person employed at the sawmill; and

(b)the date and time of receipt is immediately written by the person on the log delivery note.

Penalty: $2 000.

[Regulation 51 amended in Gazette 28 Apr 1995 p. 1460.]

52.Original of log delivery note to be delivered to CEO within 3 days after receipt at sawmill

The owner and the manager of a sawmill shall ensure that where the original of any completed log delivery note is received at the sawmill, the log delivery note is delivered to the CEO or a forest officer within 3 working days from the day on which the delivery note is received at the sawmill.

Penalty: $2 000.

[Regulation 52 amended in Gazette 3 Sep 2010 p. 4276‑7.]

Part 7  Determination of log timber quantity

53.Quantity to be immediately entered in log delivery note

A person who determines the quantity of any log timber that has been felled in a State forest or timber reserve shall immediately —

(a)record that quantity in; or

(b)where it is printed on a weighbridge ticket or some other form, attach that ticket or form to,

the log delivery note completed in respect of that timber.

Penalty: $2 000.

54.Incorrect quantity not to be entered in log delivery note

A person shall not enter in, or attach to, a log delivery note for any log timber that has been felled in a State forest or timber reserve, an incorrect statement of the quantity determined in respect of that timber.

Penalty: $2 000.

55.Unquantified timber not to be stored or processed at sawmill

The owner or manager of a sawmill shall not, without the authorisation of the CEO, permit log timber that has been felled in a State forest or timber reserve to be stored or processed at the sawmill unless the quantity of the timber has been determined and —

(a)recorded in; or

(b)where the quantity is printed on a weighbridge ticket or some other form, the ticket or form attached to,

the log delivery note completed in respect of that timber.

Penalty: $2 000.

[Regulation 55 amended in Gazette 3 Sep 2010 p. 4276‑7.]

56.Determining quantity for contracts

(1)In this regulation, contract has the same meaning as in section 87 of the Act.

(2)Where for the purposes of a provision of a contract it is necessary for a quantity of log timber that has been felled in a State forest or timber reserve to be determined, the contract may provide that the determination is to be made, for the purposes of that provision, in accordance with the provisions of Part A, B, C, D or E of Schedule 1.

(3)A person who fails to comply with any provision of Part A, B, C, D or E of Schedule 1 that the person is required by a contract to comply with commits an offence.

Penalty: $2 000.

Part 8  Log timber receival records

57.Record of log timber receivals to be made

The owner and the manager of a sawmill shall ensure that where any log timber felled in a State forest or timber reserve is received at the sawmill, a record is made, on the day on which the timber is received, of —

(a)the day on which the log timber was received; and

(b)the species and product type of the log timber; and

(c)the quantity of log timber received; and

(d)the number of the log delivery note completed in respect of that log timber.

Penalty: $2 000.

58.CEO to supply forms

The CEO shall, upon request, provide the owner or manager of a sawmill with a book of forms in which to make a record referred to in regulation 57.

[Regulation 58 amended in Gazette 3 Sep 2010 p. 4276‑7.]

59.Copy of records to be kept for 2 years

The owner of a sawmill shall cause a copy of every receival record made in respect of log timber received at the sawmill within the preceding 2 years to be kept at the sawmill or, where it is not practicable to keep copies at the sawmill, at some other place approved in writing by the CEO.

Penalty: $2 000.

[Regulation 59 amended in Gazette 3 Sep 2010 p. 4276‑7.]

60.Alteration etc. of receival records prohibited

A person shall not alter or obliterate any statement or information entered in a receival record unless, in the case of an alteration, the alteration is —

(a)made for the purpose of correcting a bona fide mistake as soon as practicable after the mistake is discovered; and

(b)made in such a manner as to leave the statement or information that is altered legible; and

(c)initialled by the person making the alteration as soon as practicable after the alteration is made.

Penalty: $2 000.

61.Removal of records prohibited

Except for the purpose of complying with regulation 62, a person shall not remove any page or excise any portion of a page from a book of receival records.

Penalty: $2 000.

62.Receival records to be given to CEO after end of each month

The manager of a sawmill shall, within 3 working days from the end of each calendar month, cause to be delivered to the CEO or a forest officer the originals of all receival records that relate to log timber received during that month.

Penalty: $2 000.

[Regulation 62 amended in Gazette 3 Sep 2010 p. 4276‑7.]

63.False entries

A person shall not make any entry in a receival record that is false or misleading in a material particular.

Penalty: $2 000.

64.Forest officer to record sawmill inspection or enquiry (Act s. 119A)

Where under section 119A of the Act, a forest officer enters any sawmill and conducts an inspection or enquiry, the forest officer shall make an entry in the receival record kept by the sawmill of —

(a)the date of the inspection or enquiry; and

(b)the nature of the inspection or enquiry conducted; and

(c)the results of the inspection or enquiry.

Part 9   Sale of forest produce by auction or tender

65.CEO may regulate sale by auction or tender for roy alty purposes

(1)Where the royalties payable under a contract of sale, permit or forest produce licence are to be established by public auction or by tender, the public auction or sale by tender may be conducted in such manner as the CEO thinks fit.

(2)Without limiting the generality of subregulation (1), the CEO may —

(a)invite persons to register with the CEO as prospective bidders or tenderers; or

(b)require tenders submitted to be accompanied by such information as the CEO thinks fit; or

(c)require a deposit to be lodged with any tender; or

(d)fix a reserve royalty for the forest produce; or

(e)fix a minimum sale quantity for the forest produce; or

(f)fix a date by which supply under the conditions of a contract of sale must commence; or

(g)decline to accept the highest bid or tender; or

(h)accept any bid or tender subject to the provision of further information.

[Regulation 65 amended in Gazette 3 Sep 2010 p. 4276‑7.]

66.CEO to advertise sale by auction or tender for roy alty purposes

Where the royalties payable under a contract of sale, permit or forest produce licence are to be established by public auction or by tender, the CEO shall advertise the proposed auction or sale by tender —

(a)in at least 2 issues of a newspaper circulating generally in the State; and

(b)where practicable, in a newspaper circulating locally in the area from which the forest produce is to be taken,

not later than 30 days before the day of the auction or the closing day for acceptance of tenders.

[Regulation 66 amended in Gazette 3 Sep 2010 p. 4276‑7.]

67.CEO to notify results of sale by auction or tender

Where the royalties payable under a contract of sale, permit or forest produce licence have been established by public auction or tender, the CEO shall notify every bidder or tenderer (as the case may be) of the results of the public auction or sale by tender, including the accepted schedule of prices.

[Regulation 67 amended in Gazette 3 Sep 2010 p. 4276‑7.]

Part 10  Forest produce licences

68.Application of Part

This Part does not apply to, or in relation to, a forest produce licence to pull or remove sandalwood on or from Crown land.

69.Forest produce licence , form of

A forest produce licence shall be in the form of Form 1 in Schedule 2.

70.Forest produce licence does not authorise felling of trees etc.

(1)A forest produce licence —

(a)does not authorise the felling of any tree;

(b)does not authorise the taking of any forest produce until the amount payable under the licence by way of royalty, stumpage or other charges has been paid;

(c)does not preclude the Department from carrying out managed burning operations on the land to which the licence relates during the period of the licence and the licensee is not entitled to compensation or damages for any loss or damage arising from such operations;

(d)is personal to the licensee and cannot be transferred to any other person, but the licensee may take forest produce under the licence with the assistance of a person or persons working directly under his or her supervision.

(2)Subregulation (1)(a) does not apply to, or in relation to, a forest produce licence granted before the commencement of these regulations.

71.Forest produce licence s to be carried and produced on request

The holder of a forest produce licence shall —

(a)carry the licence or a copy of the licence at all times while taking or purporting to take forest produce pursuant to that licence; and

(b)when required to do so by a forest officer or a conservation and land management officer, produce for inspection the licence or copy of the licence to the officer.

Penalty: $500.

[Part 11 (r. 72‑85) deleted in Gazette 3 Sep 2010 p. 4274.]

[Part 12 (r. 86-88) deleted in Gazette 3 May 2002 p. 2294.]

Part 13  Fire prevention

89.Forest officer may ban activity etc. where fire risk

(1)Where a forest officer considers that any activity being carried out or that may be carried out in a State forest or timber reserve under a forest produce licence, permit or contract to harvest and deliver constitutes or may constitute a fire risk to any part of that land, the forest officer may direct the holder of the licence or permit or the contractor —

(a)not to carry out the activity, or to immediately ensure that the activity is stopped and not to resume the activity (as the case may be), until further directed by the forest officer; and

(b)to cause a patrol to be maintained of the area where the activity was carried out for a period not exceeding 2 hours from the cessation of the activity.

(2)A person shall comply with a direction given to that person under subregulation (1).

Penalty: $2 000.

[90.Deleted in Gazette 3 May 2002 p. 2294.]

91.Fire lookout towers and trees not to be climbed etc.

A person shall not —

(a)enter the fenced off area surrounding any fire lookout tower or fire lookout tree;

(b)climb any fire lookout tower or fire lookout tree;

(c)destroy, cut into, deface or in any way damage any fire lookout tower or fire lookout tree or any equipment contained in, or attached to, such a tower or tree,

in a State forest or timber reserve, unless authorised to do so by the CEO or a forest officer.

Penalty: $2 000.

[Regulation 91 amended in Gazette 3 Sep 2010 p. 4276‑7.]

92.Rate of remuneration prescribed (Act s. 135(2))

For the purposes of section 135(2) of the Act the prescribed rate of remuneration is the applicable rate set out in Schedule D to the Australian Workers’ Union Construction Maintenance and Services (WA Government) Award 1987.

Part 14  Marking out of mining tenements in State forests and timber reserves

93. Terms used

In this Part —

marking out has the same meaning as in the Mining Act 1978;

South‑west Division means the South‑west Division of the State as described in the Land Administration Act 1997 Schedule 1.

[Regulation 93 amended in Gazette 3 Sep 2010 p. 4274.]

94.Conditions and limitations prescribed for Mining Act 1978 s. 26(2)(b)

For the purposes of section 26(2)(b) of the Mining Act 1978 the conditions and restrictions in regulations 95 and 96 are prescribed as being applicable to the marking out of mining tenements in State forests and timber reserves.

95.Duties of person marking out

A person who is within any State forest or timber reserve in the South‑west Division for the purpose of, or in connection with, marking out, shall ensure that —

(a)all reasonable precautions are taken to avoid unnecessary damage to any trees in the State forest or timber reserve;

(b)no trees in the State forest or timber reserve are felled, cut or removed except with the approval of a forest officer and in accordance with the terms of that approval;

(c)no excavation or other movement of earth, soil, or rock in the State forest or timber reserve is carried out, whether by hand tools or machinery except with the approval of a forest officer and in accordance with the terms of that approval;

(d)any vehicle used in connection with the marking out does not take a route through the State forest or timber reserve other than a route approved by a forest officer.

[Regulation 95 amended in Gazette 3 Sep 2010 p. 4274.]

96.Person not to make camp, fuel depot etc. in State forest or timber reserve

A person shall not, for the purpose of, or in connection with, marking out, establish any camp, fuel depot or parking area within any State forest or timber reserve in the South‑west Division.

[Regulation 96 amended in Gazette 3 Sep 2010 p. 4274.]

97.Part 16 not affected

The requirements in this Part are in addition to and do not derogate from the requirements in Part 16.

Part 15  Collection of firewood

98.Public firewood areas , designation of

(1)The CEO may by order published in the Gazette, set aside any area of State forest or timber reserve (in this Part referred to as a public firewood area) for the purposes of the collection of firewood by members of the public.

(2)The CEO may, by further order published in the Gazette, amend or revoke an order referred to in subregulation (1).

[Regulation 98 amended in Gazette 3 Sep 2010 p. 4276‑7.]

99.Removing firewood from public firewood areas

(1)Subject to this Part, any person may enter a public firewood area and remove any firewood from that area.

(2)Nothing in subregulation (1) shall be taken as authorising any person —

(a)to fell, cut, injure or destroy any tree in a public firewood area; or

(b)to enter contrary to the provisions of Part 16 of these regulations any area that is declared to be a risk area or disease area under Part VII of the Act.

100.Fees for removing firewood from public firewood areas

The following amounts, per tonne or part thereof, are payable in respect of the removal of firewood from a public firewood area that is designated in the order made under regulation 98 as being an area to which this regulation applies —

(a)between 1 November and 30 April in each year — $7.70;

(b)between 1 May and 31 October in each year — $15.40.

[Regulation 100 amended in Gazette 28 Apr 1995 p. 1460; 30 June 2000 p. 3401-2.]

101.Restrictions on removing etc. firewood from public firewood areas

(1)Except as provided in subregulation (3), a person shall not —

(a)remove more than one tonne of firewood from public firewood areas —

(i)in any 60 day period between 1 June and 30 September; or

(ii)on any one occasion between 1 October and 31 May; or

(b)sell firewood removed from a public firewood area.

Penalty: $2 000.

(2)In subregulation (1)(b), sell includes barter, exchange, advertise or offer or expose for sale.

(3)This regulation does not apply to or in relation to firewood that is removed from a public firewood area pursuant to a forest produce licence, contract of sale or contract to harvest and deliver.

[Regulation 101 amended in Gazette 28 Apr 1995 p. 1460; 23 Jan 1996 p. 272; 28 May 1996 p. 2204.]

102.Person may be directed to leave public firewood area

(1)A forest officer or a conservation and land management officer may direct a person to immediately leave a public firewood area where the forest officer or conservation and land management officer is of the opinion that —

(a)it is necessary in the interests of public safety;

(b)the person has failed or refused to pay an amount payable under regulation 100 or has otherwise contravened the Act or these regulations;

(c)the person is blocking the access of a forest officer, conservation and land management officer or any other officer of the Department or any other person using the area;

(d)for any other reason the presence of the person is adversely affecting the management of the area by the Department.

(2)A person shall comply with a direction given to that person under subregulation (1).

Penalty: $2 000.

[103.Deleted in Gazette 3 May 2002 p. 2294.]

Part 16  Control and eradication of forest diseases

104. Term used: written authorisation

In this Part —

written authorisation means authorisation given in writing under regulation 106.

105.Application of Part

This Part operates and takes effect notwithstanding any other provision in these regulations.

106.Written authorisation of activities in risk areas

(1)An authorised person may in writing authorise —

(a)the taking of a potential carrier or a specified class of potential carriers into a risk area; or

(b)the possession, use or movement of a potential carrier or a specified class of potential carriers in a risk area.

(2)Written authorisation may be issued subject to such conditions as are specified in the authorisation.

(3)An authorised person may at any time by written notice —

(a)revoke a written authorisation; or

(b)vary any condition specified in a written authorisation or add a further condition to the authorisation; or

(c)remove any condition specified in a written authorisation.

(4)For the purposes of this Part —

(a)a condition that has been varied or added under subregulation (3)(b) shall be taken to have been specified accordingly in the authorisation; and

(b)a condition that has been removed under subregulation (3)(c) shall be taken to no longer be a condition specified in the authorisation.

107.Verbal authorisation in emergency of activities in risk area

(1)Subject to subregulations (2) and (3), an authorised person may verbally authorise —

(a)the taking of a potential carrier or a specified class of potential carriers into a risk area; or

(b)the possession, use or movement of a potential carrier or a specified class of potential carriers in a risk area.

(2)An authorised person —

(a)shall only give verbal authorisation in the event of an emergency where it is impracticable to give written authorisation; and

(b)may at any time revoke the verbal authorisation.

(3)Verbal authorisation shall only have effect for such period as is necessary to deal with the emergency or until it is revoked, whichever is the sooner.

108.Entry, use or movement of potential carrier in risk area without authorisation or contrary to condition

Any person who takes a potential carrier into a risk area, or has, uses or moves a potential carrier in a risk area —

(a)without the authorisation under regulation 106 or 107 of an authorised person; or

(b)contrary to any condition specified in a written authorisation,

or who causes a potential carrier to be so taken, had, used or moved without such authority or contrary to such a condition, commits an offence.

Penalty:(a)for a first offence, not less than $150 or more than $1 000;

(b)for a second or subsequent offence, not less than $200 or more than $2 000.

109.Entry, use or movement of potential carrier in risk area or disease area contrary to instruction or direction

Any person who takes a potential carrier into a risk area or disease area, or uses or moves a potential carrier in a risk area or disease area, contrary to any instruction or direction given by —

(a)an authorised person in relation to that potential carrier; or

(b)the CEO in relation to potential carriers of that class by notice published in a newspaper circulating in that risk area or disease area,

or who causes a potential carrier to be so taken, used or moved contrary to any such direction or instruction, commits an offence.

Penalty:(a)for a first offence, not less than $150 or more than $1 000;

(b)for a second or subsequent offence, not less than $200 or more than $2 000.

[Regulation 109 amended in Gazette 3 Sep 2010 p. 4276‑7.]

110.Erection of signposts and barricades

For the purposes of prohibiting, restricting or regulating the admission of potential carriers to a risk area or disease area, an authorised person may erect signposts or barricades, or both, on roads leading into that area.

111.Written authorisation to be carried and produced on request

A person in charge of a potential carrier in a risk area shall carry any written authorisation issued in respect of that potential carrier at all times when the potential carrier is being used, operated or moved in that area and shall produce that authorisation when requested to do so by an authorised person.

Penalty:(a)for a first offence, not less than $150 or more than $1 000;

(b)for a second or subsequent offence, not less than $200 or more than $2 000.

112.Written authorisation to terminate on breach of condition

Without affecting the liability of any person for an offence under regulation 108(b), written authorisation shall terminate immediately on the breach of any condition specified in that authorisation.

113.Person to provide information on request

A person shall, when requested to do so by an authorised person, provide all information within that person’s power relating to any occurrence or suspected occurrence of a forest disease.

Penalty:(a)for a first offence, not less than $150 or more than $1 000;

(b)for a second or subsequent offence, not less than $200 or more than $2 000.

114.Authorised person may stop and examine potential carrier

An authorised person may stop and examine any potential carrier to determine whether or not it is infected and may, for that purpose, erect signposts or barricades, or both, on roads —

(a)in or leading to a risk area; or

(b)in or leading out of a disease area.

115.Authorised person may direct carrier to quarantine station

An authorised person may direct a person in charge of an infected carrier or potential carrier entering a risk area or in or leaving a risk area to deliver that carrier to a quarantine station specified by the authorised person.

116.Authorised person may direct person to clean and disinfect carrier

An authorised person may direct a person in charge of an infected carrier or potential carrier entering or in a risk area or in or leaving a disease area to cleanse and disinfect that carrier.

117.Quarantine stations , establishment etc. of

The CEO may establish and maintain, or arrange for the establishment and maintenance of, quarantine stations or areas for the treatment of infected earth, soil or trees, or areas for the cleansing and disinfecting of infected carriers or potential carriers entering or in a risk area, or in or leaving a disease area.

[Regulation 117 amended in Gazette 3 Sep 2010 p. 4276‑7.]

118.Period of treatment or quarantine

The period for which an infected carrier or potential carrier or infected earth, soil or trees shall be treated or kept in quarantine for the purposes of this Part shall be such period as an authorised person determines.

119.Cleansing and disinfecting to be carried out as directed

Where under this Part, a person is directed to cleanse and disinfect an infected carrier or potential carrier that person shall carry out that cleansing and disinfecting —

(a)at a time and place and in such manner as is directed by an authorised person; and

(b)to the satisfaction of the authorised person.

Penalty:(a)for a first offence, not less than $150 or more than $1 000;

(b)for a second or subsequent offence, not less than $200 or more than $2 000.

120.Owner to identify etc. person in charge of carrier

(1)The owner of a potential carrier shall, if required to do so by an authorised person, inform the authorised person of the identity and address of the person in charge of the potential carrier at the time when an offence relating to that potential carrier is alleged to have been committed against this Part.

(2)Where an offence against this Part is alleged to have been committed by the person in charge of a potential carrier and the owner of that potential carrier fails, within 14 days of being required by an authorised person to identify the person who was in charge of the potential carrier at the time the offence was alleged to have been committed, to —

(a)comply with that requirement; or

(b)furnish information to an authorised person from which an authorised person is satisfied that the potential carrier was stolen or being unlawfully used at the time of the alleged offence or that the owner could not reasonably have been aware of the identity of the person in charge of the potential carrier at that time,

the owner shall be deemed to be the person who committed that offence and shall then be liable to the penalty prescribed in respect of that offence.

121.Authorised person may detain, control or remove carrier

An authorised person may detain, control the further movement of, or remove, a potential carrier that is in a risk area or disease area if —

(a)that potential carrier has been taken into, used, operated or moved in that area in contravention of a provision of this Part or in contravention of a condition specified in a written authorisation; or

(b)the person in charge of that potential carrier has refused or failed to comply with a direction given by an authorised person under this Part in relation to that potential carrier; or

(c)the authorised person considers that in the circumstances there will be a greater risk of the spread of infection if that potential carrier is not so detained, controlled or removed.

122.Authorised person may remove person from risk area

An authorised person may remove from a risk area any person whom the authorised person reasonably suspects has contravened a provision of this Part or a condition specified in a written authorisation.

123.Person in risk area or disease area to give name and address on request

Any person in a risk area or a disease area shall give his or her name and address when requested to do so by an authorised person.

Penalty:(a)for a first offence, not less than $150 or more than $1 000;

(b)for a second or subsequent offence, not less than $200 or more than $2 000.

124.Driver of potential carrier to comply with request to stop, signpost etc.

A person driving or moving a potential carrier shall not —

(a)fail to stop that potential carrier when requested to do so by an authorised person; or

(b)ignore or fail to comply with a signpost erected under this Part; or

(c)avoid or break through any barricade erected under this Part.

Penalty:(a)for a first offence, not less than $150 or more than $1 000;

(b)for a second or subsequent offence, not less than $200 or more than $2 000.

125.Person not to obstruct, hinder etc. authorised person

A person shall not —

(a)hinder or obstruct an authorised person exercising any power or performing any function conferred or imposed under this Part; or

(b)fail to comply with a direction given by an authorised person under this Part.

Penalty:(a)for a first offence, not less than $150 or more than $1 000;

(b)for a second or subsequent offence, not less than $200 or more than $2 000.

Part 17  Powers of forest officers

126.Stopping and detaining vehicles

(1)A forest officer may direct the person in charge of any vehicle that is being used to transport forest produce or that the forest officer reasonably suspects is being used to transport forest produce —

(a)in a State forest or timber reserve; or

(b)on any road,

to stop the vehicle and may direct that person to move the vehicle to, and wait at, a place indicated by the forest officer.

(2)A person shall comply with a direction given to that person by a forest officer under subregulation (1).

Penalty: $2 000.

127.Directions as to route for movement of forest produce

(1)A forest officer may give directions to a person as to the route to be followed for the movement of any forest produce in a State forest or timber reserve.

(2)A person shall comply with a direction given to that person under subregulation (1).

Penalty: $2 000.

128.Seized forest produce

(1)Where any forest produce is seized under the Act, a forest officer may direct the person in charge of any vehicle carrying the forest produce to transport the produce to a place indicated by the forest officer where it can be unloaded and held.

(2)A person shall comply with a direction given to that person under subregulation (1).

Penalty: $2 000.

[Part 17A deleted in Gazette 3 May 2002 p. 2294.]

Part 18  Miscellaneous

129.Statistical information , CEO may require provision of

(1)The CEO may in writing require —

(a)any person who engages in timber harvesting; or

(b)the owner of a sawmill,

to complete and return within 14 days a form approved by the CEO setting out statistical information relating to forest produce taken from State forest or timber reserves during a specified period and the destination of that forest produce.

(2)A person shall comply with a requirement made of that person under subregulation (1).

Penalty: $2 000.

[Regulation 129 amended in Gazette 3 Sep 2010 p. 4276‑7.]

130.False or misleading information

A person shall not make any statement or provide any information in a form referred to in regulation 129 that is false or misleading in a material particular.

Penalty: $2 000.

[131-134.Deleted in Gazette 3 May 2002 p. 2294.]

135.Damage to other forest produce to be minimized

The holder of a forest produce licence, permit or contract to harvest and deliver shall ensure that where any forest produce is taken or removed from a State forest or timber reserve under the licence, permit or contract, damage to, and destruction of, other forest produce in the State forest or timber reserve is minimized.

Penalty: $2 000.

136.Destroying etc. seized forest produce prohibited

A person shall not destroy, cut, injure, remove or in any way interfere with any forest produce that has been seized under the Act unless authorised to do so by the CEO or a forest officer.

Penalty: $2 000.

[Regulation 136 amended in Gazette 3 Sep 2010 p. 4276‑7.]

137.Damage to tables and other facilities

A person shall not destroy or damage any table, bench or other facility in a State forest or timber reserve unless authorised to do so by the CEO or a forest officer.

Penalty: $2 000.

[Regulation 137 amended in Gazette 3 Sep 2010 p. 4276‑7.]

[137A.Inserted in Gazette 18 Aug 1998 p. 4447. Disallowed 28 Oct 1998 (see Gazette 17 Nov 1998 p. 6248).]

138.Export karri timber to be marked

A person shall not export any karri timber (whether sawn, hewn or in log form) with an end section exceeding 0.015 m2 from the State unless the end of the timber is marked with a letter “K” that is not less than 25 mm in height.

Penalty: $2 000.

139.Marks used by forest officers

The following marks are marks used by forest officers —

(a)to indicate that log timber inspected is in accordance with the appropriate specifications —

Forest1

Forest3 Forest4

Forest5 Forest6

Forest7 Forest8 Forest9 Forest10

The figures shown by broken lines denote the registered number of the officer inspecting and will therefore vary in each instance. The letter prefacing these numbers denotes —

J — Jarrah.Y — Yarri.

K — Karri.RT — Red Tingle.

W — Wandoo.YT — Yellow Tingle.

(b)to indicate that the log timber inspected is not in accordance with the required specifications —

forest2

(c)to indicate that the forest produce has been seized by a forest officer —

forest3

(d)to identify a tree outside a coupe that may be felled —

forest4

The figures signify the number of the brand on issue to the forest officer or district and will therefore vary in each instance.

(e)for other purposes —

Forest14 Forest15

Forest16 Forest17 Forest18

The figures signify the number of the brand on issue to the forest officer or district and will therefore vary in each instance.

140.Trees etc. not to be marked etc. without authority

A person shall not —

(a)mark any tree or log timber in a State forest or timber reserve with chalk, paint, crayon or any other material; or

(b)affix tape or ribbon to any tree or log timber in a State forest or timber reserve; or

(c)affix a brand to any tree or log timber in a State forest or timber reserve,

unless authorised to do so by the CEO.

Penalty: $2 000.

[Regulation 140 amended in Gazette 3 Sep 2010 p. 4276‑7.]

141.Maximum penalty prescribed (Act s. 95(2)(b))

For the purposes of section 95(2)(b) of the Act, the prescribed maximum penalty is —

(a)$2 000; or

(b)20% of the total royalties payable under the permit, forest produce licence or contract of sale,

whichever is the greater.

142.Royalties prescribed (Act s. 96(1))

For the purposes of section 96(1) of the Act, the royalties specified in Schedule 3 are prescribed.

143.Rent for sawmill permit

(1)In this regulation —

commencement day means the day on which the Forest Management Amendment Regulations (No. 2) 2010 regulation 9 comes into operation 1;

payment day, for a year, means the day in that year that is the anniversary of the day on which the sawmill permit was granted;

sawmill permit means a permit to occupy an area of Crown land as the site of a sawmill.

(2)The holder of a sawmill permit is to pay to the CEO rent of an amount determined by the CEO on the advice of the Valuer‑General or a licensed valuer, as defined in the Land Valuers Licensing Act 1978, to be a reasonable commercial rent for the use of that land for that purpose.

(3)For a sawmill permit that is granted after the commencement day, the CEO —

(a)must specify the initial rent in the permit when it is granted; and

(b)may increase the rent under subregulation (6).

(4)For a sawmill permit that is in force immediately before the commencement day —

(a)despite subregulation (1), until the rent is increased under subregulation (6), the rent is $60 per annum per 5 hectares or part thereof; and

(b)the CEO may increase the rent in accordance with subregulation (6).

(5)Unless otherwise agreed between the CEO and the permit holder, the rent is payable annually in advance —

(a)for the first year — within 30 days after the day on which the permit is granted; and

(b)for each subsequent year — on the payment day for that year.

(6)The CEO may increase the rent for a sawmill permit with effect from the payment day in any year by giving written notice to the permit holder not less than 60 days before that day.

(7)If a permit is to be in force for part only of a year the rent payable for that year is reduced proportionately.

(8)The rent is payable whether or not the permit holder occupies the land to which the permit relates and regardless of the output of any sawmill on that land.

[Regulation 143 inserted in Gazette 3 Sep 2010 p. 4274‑5.]

144.False documents, statements etc. for registration purposes

A person shall not —

(a)make any statement or representation, either orally or in writing that is false or misleading in a material particular; or

(b)produce any forged or counterfeit document,

for the purpose of procuring the registration under these regulations of that person or any other person, or of an identification code under Part 4 in respect of that person or any other person.

Penalty: $2 000.

145.Register s, form of

Where under these regulations a register is required to be compiled and maintained, the register may be kept or prepared —

(a)by making entries in or on a bound or loose leaf book; or

(b)by recording or storing the required particulars by means of a mechanical, electronic or other device, but so that the particulars so recorded or stored will remain in the form in which they were originally recorded or stored and will be capable of being reproduced in written form in the English language.

146.Register s, amending

Where under these regulations a register is required to be compiled and maintained, the register may be amended, added to and corrected in such manner as may be necessary to make the register an accurate record of the particulars contained in the register.

147.Register s, obtaining extracts from

A person may, upon application to the CEO and payment of the fee specified in item 4 of Schedule 5, obtain a copy of an extract from any register required to be compiled and maintained under these regulations.

[Regulation 147 amended in Gazette 3 Sep 2010 p. 4276‑7.]

148.CEO, on request, to provide information as to permits, fees etc.

Upon application and payment of the fee, if any, specified in item 4 of Schedule 5 the CEO shall provide any person with —

(a)details of persons who hold permits, forest produce licences, contracts to harvest and deliver or contracts of sale; and

(b)in respect of any permit, forest produce licence or contract referred to in paragraph (a), details of any fees, charges and royalties payable, log allocation, location of coupes and any conditions and limitations to which the contract, forest produce licence or permit is subject; and

(c)a copy of any permit, forest produce licence or contract referred to in paragraph (a).

[Regulation 148 amended in Gazette 3 Sep 2010 p. 4276‑7.]

149.CEO, on request, to provide general scale of royalties

Upon application, the CEO shall provide any person free of charge with a list of the general scale of royalties payable in respect of forest produce taken from Crown land.

[Regulation 149 amended in Gazette 3 Sep 2010 p. 4276‑7.]

[150.Deleted in Gazette 29 Mar 1996 p. 1508.]

151.Miscellaneous fees (Sch. 5)

The fees specified in column 2 of Schedule 5 are payable in respect of the services specified in column 1 of that Schedule.

152.Review of certain decisions of CEO by State Administrative Tribunal

A person aggrieved by a decision of the CEO under regulation 9(2), 17 or 26 may apply to the State Administrative Tribunal for a review of the decision.

[Regulation 152 inserted in Gazette 3 Sep 2010 p. 4275.]

[153.Omitted under the Reprints Act 1984 s. 7(4)(f).]

154.Transitional provisions (Sch. 6)

Schedule 6 has effect with respect to transitional arrangements.

 

Schedule 1

[Regulation 56]

Procedures for the determination of log timber quantity

Part A — Determination of volume of hardwood log timber by individual log measurement

For the purpose of determining the volume of hardwood log timber by individual log measurement the following provisions shall be complied with —

1.Length measurement

The length of butt logs shall be measured with a length measuring tape from the top of the sloven to the sawcut at the crown end of the log and the length of other logs shall be measured from sawcut to sawcut.

The measurement shall be entered on the log delivery note in metres and tenths of metres, rounded down to the nearest tenth metre.

Examples:

 

Actual log length Metres

Entry on log delivery note Metres

13.249

7.346

6.999

7.000

13.2

7.3

6.9

7.0

2.Diameter measurement

In this schedule, a diameter tape means a tape calibrated to record the diameter of the circumference being measured.

The diameter of logs shall be measured with a diameter tape at a point equi‑distant from the top of the sloven and —

(a)the crown end in the case of butt logs; and

(b)a point equi‑distant from both ends, i.e. the centre diameter in the case of other logs.

10 mm may be deducted from the actual measurement for each 100 mm diameter of bark under the tape, but no such allowance shall exceed 70 mm.

All diameter measurements shall be entered on the log delivery note in multiples of 10 mm and for this purpose any part of 10 mm shall be counted as 10 mm.

Examples:

All measurements in mm

Measured diameter overbark

Diameter overbark rounded up

mm of bark on

Bark deduction

Entry on log delivery note (underbark)

565

570

500

50

520

995

1 000

900

70

930

1 090

1 090

1 000

70

1 020

1 090

1 090

300

30

1 060

1 081

1 090

500

50

1 040

On logs with abnormal swellings at the centre, the centre diameter shall be ascertained by taking the average of the underbark diameters at an equal distance from the centre of the log sufficient to clear the abnormality, but both measurements and the centre underbark diameter so calculated shall be entered on the log delivery note.

3.Volume, calculation of

Using the length and diameter measurements that have been entered in the log delivery note under clauses 1 and 2, the volume of the log timber (in cubic metres) shall be calculated by use of the table contained in the publication titled “Cubic Contents of Hardwood Logs 1985” issued by the Department (in this Part referred to as the Log Volume Table).

The volume shall then be entered on the log delivery note.

4.Logs halved along their length, measurement of

In order to obtain and record the volume of logs halved along their length —

(a)the length of the log shall be determined in accordance with clause 1;

(b)using the reverse side of the diameter tape (or the tape used to measure the length) the actual diameter underbark shall be measured across the exposed surface at the log length centre;

(c)the length and diameter measurements obtained in (a) and (b) shall be entered on the log delivery note;

(d)using the measurements entered on the log delivery note the Log Volume Table shall be used to calculate the volume underbark;

(e)the volume calculated under paragraph (d) shall then be halved and entered in the log delivery note and the words “half log” shall be written opposite the volume entry in the column headed “Where obtained”.

Part B — Determination of volume of softwood log timber by individual log measurement

For the purpose of determining the volume of softwood log timber by individual log measurement the following provisions shall be complied with —

1.Length measurement

The length of butt logs shall be measured with a length measuring tape from the top of the sloven to the sawcut and the length of other logs shall be measured from sawcut to sawcut. The measurement shall be entered on the log delivery note in metres and tenths of metres rounded down to the nearest “preferred length”.

“A preferred length” for softwood is one of a series of industry accepted lengths beginning at 1.8 m and increasing by increments of 0.3 m up to 6.0 m.

If a log is to be supplied at other than a “preferred length” the actual length shall be rounded down to the nearest tenth of a metre.

Examples:

Actual length

Entry on Log Delivery Note

 

To nearest tenth metre

To preferred length

3.80 m

3.8 m

3.6 m

4.11 m

4.1 m

3.9 m

4.75 m

4.7 m

4.5 m

4.99 m

4.9 m

4.8 m

2.Diameter measurement

The diameter of logs shall be measured with a diameter rule prepared and supplied by the Department. The diameter rule is calibrated in diameter classes of 50 mm. The diameter shall be measured underbark at the crown (small) end and rounded down to the nearest 50 mm class. When the cross section at the crown end is not circular, the average of the measurement along the greatest axis and the axis at right angles shall be recorded. The measurement shall be recorded on the log delivery note in millimetres rounded down to the nearest multiple of 50 mm.

Examples:

Actual Diameter

(mm)

Entry on the Log Delivery Note

(50 mm log class)

(mm)

440

400

465

450

331

300

499

450

3.Volume, calculation of

The volume of the log timber (in cubic metres) is calculated by the Department by use of log volume tables, using the length and diameter measurements entered on the log delivery note under clauses 1 and 2.

Part C — Determination of quantity of log timber by weighing

For the purpose of determining the quantity of log timber by weighing the following provisions shall be complied with —

1.Equipment required

Weighing of log timber shall only be carried out on a weighbridge or other weighing equipment that has been approved for that purpose by the CEO.

[Clause 1 amended in Gazette 3 Sep 2010 p. 4276‑7.]

2.Printer requirements for weighbridges

A weighbridge shall only be used for weighing log timber if the weighbridge is fitted with a printer that is capable of printing on the log delivery note, or on a weighbridge ticket that can be attached to the log delivery note, the following information —

(a)the time and date of weighing; and

(b)the place of weighing i.e. details of the weighbridge used; and

(c)the weight of the log timber to the nearest 0.1 tonne; and

(d)whether the weight is the gross weight or the tare weight.

3.Weighing procedure at weighbridge at sawmill

Where weighing of log timber is to be carried out on a weighbridge at the sawmill where the timber is to be processed —

(a)the gross weight of the load shall be determined immediately before the log timber is unloaded;

(b)the tare weight of the vehicle shall be determined immediately after the log timber is unloaded;

(c)the net weight of the log timber shall be ascertained by deducting the tare weight from the gross weight of the load;

(d)the gross, net and tare weights shall be printed on the log delivery note or, in the case of a weighbridge ticket, attached to the log delivery note immediately after each weighing however if the weighbridge is fitted with a memory, the gross, net and tare weights may be printed (or attached) immediately after the final weighing.

4.Weighing procedure at weighbridge not at sawmill

Where weighing of log timber is to be carried out on a weighbridge that is not situated at the sawmill where the timber is to be processed —

(a)the gross weight of the load shall be determined as soon as is practicable before unloading;

(b)after the gross weight of the load has been determined, the vehicle shall proceed directly to the sawmill by the shortest practical route;

(c)after the log timber is unloaded, the vehicle shall immediately proceed by the shortest practical route to the weighbridge where the tare weight of the vehicle shall be determined;

(d)except in the event of an emergency, no fuel, oil, stores or persons shall be collected, and no change of equipment shall be made, between unloading the log timber and reweighing the vehicle at the weighbridge to determine the tare weight;

(e)where approval is given by the CEO a method other than weighing at a weighbridge may be used to determine the tare weight of a vehicle;

(f)the net weight of a load shall be determined by deducting the tare weight of the vehicle from the gross weight of the load;

(g)the gross, net and tare weights shall be printed on the log delivery note or, in the case of a weighbridge ticket, attached to the log delivery note immediately after each weighing however if the weighbridge is fitted with a memory, the gross, net and tare weights may be printed (or attached) immediately after the final weighing.

[Clause 4 amended in Gazette 3 Sep 2010 p. 4276‑7.]

Procedure on breakdown of weighing equipment

5.1Where weighing equipment that has been approved by the CEO for the weighing of log timber breaks down, the manager of the sawmill at which the weighbridge is located shall immediately notify the forest officer in charge of the district in which the sawmill is located of the breakdown.

[Clause 5.1 amended in Gazette 3 Sep 2010 p. 4276‑7.]

5.2In the event of a breakdown referred to in clause 5.1, the CEO may authorise —

(a)use of alternative weighing equipment; or

(b)the determination of the net weight of a load based upon the average net weight of loads for the relevant vehicle over the previous period of 2 months; or

(c)determination of the volume of the log timber by bin measure under Part D; or

(d)determination of the volume of the log timber by individual measurement under Part A or B.

[Clause 5.2 amended in Gazette 3 Sep 2010 p. 4276‑7.]

5.3In the event of a breakdown, the quantity of log timber shall be determined by use of the alternative method approved under clause 5.2 until the weighing equipment is repaired.

6.Procedure where vehicle and trailer cannot be weighed together

Where a vehicle and a trailer carrying log timber cannot be weighed together on a weighbridge, then the vehicle and the trailer —

(a)shall be weighed separately; and

(b)shall be the subject of separate log delivery notes.

Part D — Determination of volume of log timber by bin measure

For the purpose of determining the volume of log timber by bin measurement the following provisions shall be complied with —

1.Length of timber

All log timber in a bin shall be trimmed to the same length. The length of the logs shall then be measured and the length measurement entered on the log delivery note.

2.Height of load

Log timber in a bin shall be trimmed so that the top of the load is as level as possible.

The height of the load shall be measured from the top of the bolsters on the bed of the vehicle to the top of the load using an official measuring stick issued by the Department that is graduated in increments of 100 mm.

The height of the load shall be measured at 2 of the stanchions and at the centre of the log length. The 3 height measurements shall then be averaged and the average height measurement shall be entered in the log delivery note.

3.Width of load

The width of a load shall be measured between the stanchions on each side of the bin and shall be the minimum width between those stanchions. The width of the load shall then be entered in the log delivery note.

4.Stacking of timber

Logs in a bin must be stacked uniformly and so that no logs are crossed.

5.Miscellaneous

The stanchions in a bin shall be vertical. All measurements must be made while the load binder chains are secured.

All measurements shall be made by a representative of the buyer and the driver of the vehicle.

6.Volume, calculation of

The Department will calculate the volume of the bin using the length, height and width measurements entered on the log delivery note under clauses 1, 2 and 3.

The volume of log timber in a load is calculated by the Department by use of tables of conversion factors which take into account air space volume and log bark volume in the bin.

Part E — Determination of volume of log timber by infra red log scanner

For the purpose of determining the volume of log timber by infra red log scanner the following provisions shall be complied with —

1.Terms used

In this Part —

log scanner means a computerized instrument designed —

(a)to measure the diameter and length of a log when a log is passed through a scanning frame which emits and receives infra red light; and

(b)to produce signals which correspond to measurements made during scanning with infra red light which can be interpreted and processed by a scanner computer;

scanner computer means a computer operating a computer program and connected to a log scanner for the purpose of —

(a)receiving measurement signals from the scanner;

(b)interpreting and processing —

(i)measurement signals received from the scanner; and

(ii)information received through an input device for documents, a keyboard, or a bar code reader,

and producing reports based on that information.

2.Equipment to be approved by CEO

A log scanner, scanner computer or computer program shall not be used to determine the volume of log timber unless the log scanner, scanner computer or computer program has been approved by the CEO.

[Clause 2 amended in Gazette 3 Sep 2010 p. 4276‑7.]

3.Verification before each shift

A log scanner and scanner computer shall not be used to determine the volume of log timber unless, immediately before the commencement of each shift, a measurement verification test has been carried out on the log scanner and scanner computer in accordance with clause 5 and the scanner complies with the verification tolerance limits set out in clause 7 for the measurement of log diameter and length.

4.Verification after interruption

A log scanner and scanner computer shall not be used to determine the volume of log timber after the log scanner operation or scanner computer operation has been interrupted by —

(a)maintenance or adjustment of the log scanner; or

(b)a malfunction of the scanner computer; or

(c)a power failure,

unless, immediately before recommencing, a measurement verification test has been carried out on the scanner and computer in accordance with clause 5 and the scanner and computer comply with the verification tolerance limits set out in clause 7 for the measurement of log diameter and length.

5.Measurement verification test

A measurement verification test to test the accuracy of the measurements made by a log scanner and scanner computer shall be carried out in the following manner —

(a)by passing a test object or test objects that have been approved under clause 6 through the scanning frame of the log scanner at least 5 times so that a minimum of 5 diameter and 5 length measurements are made; and

(b)by obtaining each measurement of the approved test object or objects from the scanner computer; and

(c)by verifying the measurements obtained from the scanner computer against the measurement of the test object determined by the forest officer under clause 6.

6.Test object to be approved

A test object shall not be used for a measurement verification test referred to in clause 5 unless —

(a)a forest officer has approved the use of the test object and the diameter and length measurements of the test object have been manually determined and recorded by the forest officer; and

(b)the test object has not been damaged since its approval for use under paragraph (a) and the approval for the use of that test object has not been withdrawn by a forest officer.

7.Tolerance limits for measurement verification test

The measurements obtained from a log scanner and scanner computer under a measurement verification test under clause 5 must not in any case vary —

(a)in respect of a diameter measurement, by more than 10 mm or less than 10 mm from the diameter of the test object recorded by the forest officer under clause 6; and

(b)in respect of a length measurement, by more than 25 mm or less than 25 mm from the length of the test object recorded by the forest officer under clause 6.

8.Tolerance limits not met, consequences of

Where a measurement verification test is carried out on a log scanner and scanner computer in accordance with clause 5 and the scanner and computer fail to comply with the verification tolerance limits set out in clause 7 —

(a)the log scanner operation shall cease and shall not recommence until such time as the scanner has been fixed so that the log scanner and scanner computer comply with the verification tolerance limits set out in clause 7; and

(b)determination of log timber quantity shall be carried out under clause 15 as if a log scanner or scanner computer breakdown has occurred.

9.Log timber to be scanned on receival day etc.

A log scanner shall not be used to determine the quantity of any log timber unless —

(a)the quantity of the log timber is determined on the day on which the log timber is received; and

(b)any other log timber the subject of the same log delivery note is processed at the same time.

10.Intake deck, requirements for log timber on

All loads of log timber placed on the intake deck of a log scanner shall —

(a)be marked with the relevant log delivery note number; and

(b)be separated from other loads of log timber by a clear gap on the intake deck.

11.Large or defective logs, procedure for

Where a load of log timber has been delivered to a sawmill for determination of the quantity of that timber by log scanner and the load contains logs that are too large or have too many defects to be processed in their delivered form through a debarking machine or the frame of a log scanner, the logs shall —

(a)be placed in an area set aside for oversized or defective logs;

(b)be recorded on the relevant log delivery note as a reject log immediately after the remainder of the load has been processed through the log scanner.

12.Log timber not scanned on receival day, procedure for

In the event that any log timber cannot be processed through a log scanner on the day on which the timber is received at the relevant sawmill, then the quantity of that timber shall be determined under clause 15 as if a log scanner or scanner computer breakdown had occurred.

13.Breakdown of log scanner etc. to be notified

In the event that a log scanner or scanner computer breaks down, the owner or manager of the relevant sawmill shall immediately notify the forest officer in charge of the district in which the sawmill is located of the breakdown.

14.Log timber received during breakdown of log scanner etc., determining volume of

In the event of a log scanner or scanner computer breaking down, the following procedures for determining log timber quantity of any load of log timber received after the breakdown shall apply until such time as the breakdown is repaired —

(a)in the case of softwood log timber, the volume of log timber received shall be determined by bin measure under Part D; or

(b)in the case of hardwood log timber, the volume of log timber received shall be determined by individual log measurement under Part A.

15.Log timber received before breakdown of log scanner etc. and not scanned, dealing with

In the event of a log scanner or scanner computer breakdown, the following procedures for determining the quantity of any load of log timber on the log scanner intake deck or held at a temporary storage site at the time of breakdown shall apply —

(a)subject to paragraph (b), the log timber may be held unmeasured until such time as the breakdown is repaired;

(b)where repair to the breakdown cannot be completed in sufficient time for log timber on the scanner intake deck or held at a temporary storage site to be processed on the day the log timber was received at the sawmill, then —

(i)in the case of softwood log timber, the volume of log timber shall be determined by individual log measurement under Part B;

(ii)in the case of hardwood log timber, the volume of log timber shall be determined by individual log measurement under Part A.

16.Reconciling number of logs with number on del ivery note

Where a load of log timber has been processed through a log scanner —

(a)the number of logs recorded on the relevant log delivery note shall be compared with the number of logs determined by processing through a log scanner; and

(b)in the event that the number of logs determined by the log scanner is not the same as that originally entered in the log delivery note, a report explaining the discrepancy in log numbers shall be written on the relevant log delivery note.

17.Daily report of log delivery

All log deliveries received at a sawmill in one day shall be listed by log delivery note number in a daily report to the CEO produced by the scanner computer and for each log delivery note the report shall —

(a)list the total number of logs that have passed through the log scanner; and

(b)provide individual log measurements including length, preferred‑length, mid‑diameter, volume and such other measurements as the CEO may require; and

(c)identify each log class measured and the total volume of timber processed in each log class and provide the total volume of log timber received and processed in all log classes.

[Clause 17 amended in Gazette 3 Sep 2010 p. 4276‑7.]

18.Arrangement of daily report

The listing of each log delivery note number and the information required under clause 17 in a daily report to the CEO shall be arranged in the sequential order in which the log timber was scanned by the log scanner and its volume determined by the scanner computer.

[Clause 18 amended in Gazette 3 Sep 2010 p. 4276‑7.]

Schedule 2

Forms

Form 1

[Regulation 69]

Forest Management Regulations 1993

FOREST PRODUCE LICENCE

Licence No. …………………….

……………………………………………………………………………………

(name of licensee)

of …………………………………………………………………………………

(address)

is authorised, subject to the Act and the Forest Management Regulations 1993, to take forest produce from Crown land in accordance with the terms, conditions and limitations set out below, and not otherwise.

Note:The authority conferred by this licence is of no effect at any time when a term, condition or limitation of the licence is not being complied with.

TERMS

Land from which forest produce may be taken:

(attach plan if necessary)

 

District Code

 

 

or

 

 

 

 

 

 

 

 

Operation Code

 

 

 

 

 

 

 

 

 

 

Period during which forest produce may be taken:

 

First day of period ............................................... but subject to reg 70(1)(b)

Last day of period ............................................................................................

 

Forest produce that may be taken (ü):

Species (ü):

 

B

 

Blackbutt J

 

Jarrah K

 

Karri L

 

Mallet

 

Marri

 

 

 

 

 

 

 

 

 

 

 

P

 

Pinaster R

 

Radiata S

 

Sheoak W

 

Wandoo

 

 

 

 

 

 

 

 

 

 

 

 

 

X

 

Other species ............................................ (specify)

 

 

Product type (ü):

 

NP

 

Non-engineering grade rounds (fencing material, chopping logs)

 

MC

 

Craftwood FW

 

Firewood

 

MG

 

Garden sticks MD

 

Forest debris

 

OT

 

Other ............................................(specify)

(Refer to Manual of Logging Specifications or Schedule or Royalties for product type guide)

 

Note: This licence does not authorise the felling of any tree (Reg. 71(1)(a)).

 

Quantity:

 

............................................................................................................. tonnes; or

......................................................................... specify other unit of measurement

(Refer to Manual of Logging Specifications for quantity determination guide)

 

Price to be paid:

Royalty/stumpage $....../tonne; In-forest costs $......./tonne; Roading $....../tonne

Total $.........../tonne or $.................... (specify unit of measurement)

Vehicles, machinery or equipment that may be used:

 

 

 

 

 

CONDITIONS

1.The licensee, in taking forest produce under this licence, is to comply with the following —

(a)the Conservation and Land Management Act 1984;

(b)the Forest Management Regulations 1993;

(c)the Code of Logging Practice issued by the Department;

(d)the Manual of Logging Specifications issued by the Department;

(e)the Bush Fires Act 1954 and regulations made under that Act.

2.Where any forest produce is taken under this licence, the licensee shall, as soon as practicable after the taking of the produce, complete the forest produce removal record at the end of this form in respect of that produce.

3.[insert other conditions here]

 

 

LIMITATIONS (if any)

 

 

...................................................

for CEO

Date of issue of licence .........................................

Received the sum of ............. dollars ............... cents ($... c..) in prepayment of royalty/stumpage and other charges.

....................................................

for CEO

Date ....................................................

Forest produce removal record

Date of removal

Quantity removed

Site removed to

Signature of licensee

 

 

 

 

 

 

 

 

 

 

[Form 1 amended in Gazette 3 Sep 2010 p. 4276‑7.]

[Form 2 deleted in Gazette 3 Sep 2010 p. 4275.]

[Forms 3 and 4 deleted in Gazette 3 May 2002 p. 2295.]

[Schedules 2A and 2B deleted in Gazette 3 May 2002 p. 2294-5.]

Schedule 3

[Regulation 142]

Prescribed royalties for timber taken on mining tenement for mining purposes

Item 1.

Product:hardwood mining rounds.

Area RoyaltySwan (Northern Forest), Central Forest and Southern

applies to:Forest Regions of the Department.

Royalty:$16.43 per tonne.

 

Item 2.

Product:hardwood mining rounds.

Area Royalty Kimberley , Pilbara, Gascoyne, Goldfields, Greenough,

applies to:Wheatbelt and South Coast Regions of the Department.

Royalty:$7.92 per tonne.

[Schedule 3 amended in Gazette 3 Sep 2010 p. 4276.]

[Schedule 4 deleted in Gazette 29 March 1996 p. 1511.]

Schedule 5

[Regulation 151]

Miscellaneous fees

Column 1

Column 2

 

$

1.Registration as a timber worker

25.00

2.Renewal of registration of timber worker

25.00

3.Registration of owner’s identification code

45.00

4.Extract from a register or provision of copy of lease, permit, forest produce licence, contract or other document



1.00

 

per page

5.Preparation of timber shipping certificate

10.00

6.Transfer of a lease or permit

30.00

 

 

[Schedule 5 amended in Gazette 21 Apr 1998 p. 2113‑14; 3 Sep 2010 p. 4276.]

Schedule 6

[Regulation 154]

Transitional

1.Time allowed for timber workers to comply with r. 5

A natural person who immediately before the commencement of these regulations was entitled to engage in timber harvesting in a State forest or timber reserve or in the transport of log timber harvested in a State forest or timber reserve may continue to do so without complying with regulation 5 until —

(a)the expiration of the period of 3 months after the commencement of these regulations; or

(b)under regulation 9(2) the Executive Director refuses an application by that person for registration as a timber worker,

whichever occurs first.

2.Time allowed for employers etc. to comply with r. 6

A person who immediately before the commencement of these regulations was employing or remunerating a person to engage in timber harvesting in a State forest or timber reserve or in the transport of log timber harvested in a State forest or timber reserve may continue to do so without complying with regulation 6 until —

(a)the expiration of the period of 3 months after the commencement of these regulations; or

(b)under regulation 9(2) the Executive Director refuses an application by the second‑mentioned person for registration as a timber worker,

whichever occurs first.

3.Time allowed for fellers to comply with r. 24

A person who immediately before the commencement of these regulations was entitled to engage in timber felling in a State forest or timber reserve may continue to do so without complying with regulation 24 until the expiration of the period of 3 months after the commencement of these regulations.

4.Apiary site licences and temporary and annual apiary site permits to continue to operate

An apiary site licence, temporary apiary site permit or annual apiary site permit issued or granted under the Forest Regulations 1957 3 and in force immediately before the commencement of these regulations shall, on or after the commencement of these regulations, continue to have effect as if these regulations had not come into operation.

5.Authorisation to continue to have effect

(1)A written authority issued under the Forest Diseases Regulations 1975 4 and in force immediately before the commencement of these regulations shall, on or after the commencement of these regulations, continue to have effect as if these regulations had not come into operation.

(2)Notwithstanding subclause (1), a forest officer may, at any time, by notice in writing revoke or amend a written authority referred to in that subclause.

 

dline

 

Notes

1This reprint is a compilation as at 25 March 2011 of the Forest Management Regulations 1993 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint.

Compilation table

Citation

Gazettal

Commencement

Forest Management Regulations 1993

9 Feb 1993 p. 1119‑201

9 Feb 1993

Forest Management Amendment Regulations 1995

28 Apr 1995 p. 1459‑60

28 Apr 1995

Forest Management Amendment Regulations (No. 2) 1995

23 Jan 1996 p. 272

23 Jan 1996

Forest Management Amendment Regulations 1996

29 Mar 1996 p. 1504‑11

29 Mar 1996

Forest Management Amendment Regulations (No. 2) 1996

28 May 1996
p. 2204

28 May 1996

Forest Management Amendment Regulations (No. 3) 1996

28 May 1996 p. 2204‑5

28 May 1996

Forest Management Amendment Regulations 1998

21 Apr 1998 p. 2113‑14

21 Apr 1998

Forest Management Amendment Regulations (No. 2) 1998

18 Aug 1998 p. 4447 (Disallowed 28 Oct 1998 see Gazette 17 Nov 1998 p. 6248)

18 Aug 1998

Reprint of the Forest Management Regulations 1993 as at 15 Sep 1999 (includes amendments listed above)

Forest Management Amendment Regulation 2000

30 Jun 2000 p. 3401-2

1 Jul 2000 (see r. 2)

Conservation and Land Management Regulations 2002 r. 114 5

3 May 2002 p. 2233‑308

3 May 2002

Forest Management Amendment Regulations 2003

12 Aug 2003 p. 3657‑8

12 Aug 2003

Forest Management Amendment Regulations (No. 2) 2006

22 Dec 2006 p. 5804

1 Jan 2007 (see r. 2 and Gazette 8 Dec 2006 p. 5369)

Forest Management Amendment Regulations (No. 2) 2010

3 Sep 2010 p. 4273‑7

r. 1 and 2: 3 Sep 2010 (see r. 2(a));
Regulations other than r. 1 and 2: 4 Sep 2010 (see r. 2(b))

Reprint 2: Forest Management Regulations 1993 as at 25 Mar 2011 (includes amendments listed above)

2Regulation 153 has been omitted under the Reprints Act 1984 s. 7(4)(f).

3The Forest Regulations 1957 are repealed by r. 153(1) of these regulations. Regulation 153(1) has been omitted under the Reprints Act 1984 s. 7(4)(f).

4The Forest Diseases Regulations 1975 are repealed by r. 153(2) of these regulations. Regulation 153(2) has been omitted under the Reprints Act 1984 s. 7(4)(f).

5The Conservation and Land Management Regulations 2002 r. 114 repealed some of these regulations and s. 116 reads as follows:

 

116.Saving

(1)Nothing in this regulation is to be construed so as to limit the operation of the Interpretation Act 1984.

(2)The repeal of a former provision does not affect any document or appointment made or anything done under any provision so repealed so far as it is subsisting or in force at the time of the repeal and could have been made or done under these regulations.

(3)Each such document, appointment or thing has effect as if it had been made or done under the corresponding provision of these regulations and as if the provisions had been in force when the document or appointment was made or the thing was done.

(4)In particular, and without limiting the generality of subregulations (2) and (3), those subregulations apply to —

(a)any notice erected on any land; and

(b)any licence granted under Part 5 of the Conservation and Land Management Regulations 1992.

(5)In subregulation (1) —

former provision means a provision repealed by regulation 114 or 115.

 

 

 

Defined Terms

 

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined TermProvision(s)

bush landing2

buyer2

certificate of registration4

commencement day143(1)

contract56(1)

contract of sale2

contract to harvest and deliver2

contractor2

coupe2

Crown land2

diameter tapeSch. 1 Pt. A cl. 2

district2

fell2

feller’s identification code2

forest produce licence2

log delivery note2

log scannerSch. 1 Pt. E cl. 1

Log Volume TableSch. 1 Pt. A cl. 3

logging plan2

manager2

marking out93

owner2

owner’s identification code2

payment day143(1)

permit2

private land2

product type2

public firewood area98(1)

public land2

receival record2

registration4

repealed Act2

repealed regulations2

sawmill2

sawmill permit143(1)

scanner computerSch. 1 Pt. E cl. 1

sell101(2)

softwood2

South‑west Division93

State forest2

timber harvesting2

tree2

working day2

written authorisation104

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

By Authority: JOHN A. STRIJK, Government Printer