12 Forestry Areas

12.1 Loitering or “Moving People On”
12.2 Identification
12.3 Trespass
12.4 Engaging in Dangerous Activities
12.5 Interfering with Management Activities
12.6 Camping
12.7 Lighting of Fires

Forests have historically been a common battleground for environmental protests, with the presence of campaigners, loggers, forestry officers and police often contributing to tensions and high levels of arrest.

Authorised officers have wide powers to regulate conduct and activities in forestry areas ( State Forests, timber reserves or flora reserves). 1 You should note that you may be liable to compensate State Forests for costs or expenses, losses or damages if you are convicted of an offence under NSW forestry laws. 2

12.1 Loitering or “Moving People On”

Under the Forestry Regulation 2009 it is an offence, in a range of circumstances, to remain in a forestry area after being requested by an authorised officer to leave. 3 Circumstances that may give rise to such a request include:

if you are causing "inconvenience" to other persons in the area, 4
if you are otherwise breaching the Act or the Regulation, 5 or
when logging operations , bushfires, high fire danger conditions, controlled burning and others are present and/or being undertaken, so long as State Forests or an officer believes that there is a danger or potential danger to the safety of persons or property, or a potential for conflicting uses or there is a risk of a significant adverse impact on the area. 6

It will only be an offence if you have been previously told that the officer is, in fact, an authorised officer and that it is an offence not to comply with the request. 7

An authorised officer is allowed to physically remove you, should you fail to leave after being requested to do so. 8 In exercising this power, they are only entitled to use the amount of force that is reasonable and necessary to remove you. 9

12.2 Identification

Laws governing forestry areas require people to give their name and address in two circumstances. Failure to do so or to give false information is an offence. 10

First , you must state your name and address if an officer of State Forests reasonably suspects that an offence under the relevant Act has been committed. 11 In addition, authorised officers also have broad powers to require the owner or custodian of a vehicle or, indeed, any other person to assist (including the writing of a signed statement) in identifying the driver allegedly guilty of committing an offence under these laws. 12 Failure to do so or the giving of false information is an offence unless the person can show that they could not with "reasonable diligence" have established the name or address of the driver. 13

Second, if you are driving a car or motor bike in forestry areas, you must produce your driver's licence and state your name and address if requested by an authorised officer. 14

12.3 Trespass

State Forests has the power to prohibit people indefinitely from entering a forestry area by displaying a conspicuous notice in the area. 15 To enter such an area without prior written permission from the Commission is an offence. 16

12.4 Engaging in Dangerous Activities

Certain activities and recreational pursuits that involve risking the safety of the person or the safety of other persons or damaging the environment are banned in forestry areas. 17 These include abseiling, base jumping, bungy jumping, rock climbing, caving and hang gliding. 18

12.5 Interfering with Management Activities

The Forestry Regulation 2009 creates numerous offences involving damage, obstruction or interference to things in forestry areas. These include damage to, or destruction of, vegetation; erecting fences or other obstructions; defacing signs or notices erected by the Commission; and damaging drainage structures and features. 19It is also an offence to interfere with timber harvesting or hauling equipment in a forestry area, or even to approach within 100 metres of timber harvesting or hauling equipment being operated by a person in a forestry area. 20

12.6 Camping

By displaying a conspicuous notice in the area, State Forests has the power to prohibit or regulate camping activities in forestry areas. 21 It is an offence to fail to comply with any relevant direction, prohibition or condition imposed. 22

12.7 Lighting of Fires

Lighting of fires in forestry areas is strictly regulated. It is an offence to leave a lit match or cigarette in a forestry area. 23 You may also only light fires for certain authorised purposes, such as for management activities or meals or warmth, 24 and you must do so in accordance with the Regulation (either in an approved fireplace or 4.5 metres from logs, stumps or trees in cleared areas). 25 Authorised officers have an overriding power to direct that an activity cease, should he or she believe there is a risk of fire. 26

See (NSW) Forestry Regulation 2009 cl 3(1), which defines forestry areas as meaning State Forests, timber reserves and flora reserves. The following material in this Chapter which concerns the Forestry Act 1916 deals with State Forests, timber reserves and flora reserves in the same way (for example, ss 38A and 38B).
(NSW) Forestry Act 1916 s 48. See also the general provision under (NSW) Victims Support and Rehabilitation Act 1996 s 77B.
(NSW) Forestry Regulation 2009 cl 11( 4 ). The maximum penalty for failure to do so is $2200 or $100 by penalty notice: see ( NSW) Forestry Regulation 2009 clause s 11(4), 7 4 and Schedule 3.
(NSW) Forestry Regulation 2009 cl 11(1) (b)(i).
(NSW) Forestry Regulation 2009 cl 11(1)(a).
( NSW) Forestry Regulation 2009 cl 11(2).
(NSW) Forestry Regulation 2009 cl 11( 6).
(NSW) Forestry Regulation 2009 cl 1 2.
See R v Turner [1962] VR 30.
(NSW) Forestry Act 1916 s 38A(4) and 38B(3) (maximum penalty of $2200 or $100 under a penalty notice). For provisions dealing with penalty notices, see (NSW) Forestry Regulation 2009 clause 73, Schedule 3.
(NSW) Forestry Act 1916 s 38A(2).
(NSW) Forestry Act 1916 s 38B(2).
(NSW) Forestry Act 1916 s 38B(4).
(NSW) Forestry Act 1916 s 38A(3).
(NSW) Forestry Regulation 2009 clauses 13(1) and 14(1).
(NSW) Forestry Regulation 2009 clauses 13(4) and 14(3). The maximum penalty is $2200 or $100 by penalty notice: see (NSW) Forestry Regulation 2009 clause s 13(4), 14(3), 73 and Schedule 3.
(NSW) Forestry Regulation 2009 clause 1 5 ( 1 ). The maximum penalty is $2200 or a $100 flat penalty if dealt with by a penalty notice: see clauses 15(1), 73 and Schedule 3.
(NSW) Forestry Regulation 2009 clause 1 5 ( 2 ).
(NSW) Forestry Regulation 2009 clause 15(3). The maximum penalty is $2200 or a $100 flat penalty if dealt with by a penalty notice: see clauses 15(3), 73 and Schedule 3.
(NSW) Forestry Regulation 2009 clause 67. The maximum penalty is $2200 or a $1000 (not $100) flat penalty if dealt with by a penalty notice: see clauses 63, 74 and Schedule 3.
(NSW) Forestry Regulation 2009, clause 31(1) and (2).
(NSW) Forestry Regulation 2009, clause 31(4). The maximum penalty is $2200 or a $100 flat penalty if dealt with by a penalty notice: see clauses 31(4), 73 and Schedule 3.
(NSW) Forestry Regulation 2009 clause 21. The maximum penalty is $2200 or a $350 flat penalty if dealt with by a penalty notice: see clauses 21, 73 and Schedule 3.
(NSW) Forestry Regulation 2009, clauses 17(1), 18, 19 and 20. The maximum penalty for non-compliance is $2200 or variously a $350 or $550 flat penalty if dealt with by a penalty notice: see clauses 17(1), 18, 19, 20, 73 and Schedule 3.
(NSW) Forestry Regulation 2009, clause 17(1)(a). The maximum penalty for non-compliance is $2200 or a $350 flat penalty if dealt with by a penalty notice: see clauses 17(1)(a), 73 and Schedule 3.
(NSW) Forestry Regulation 2009 clause 26. The maximum penalty for non-compliance is $2200 or a $550 flat penalty if dealt with by a penalty notice: see clauses 28, 73 and Schedule 3.