Forest Travel Act (Chapter 142)

211[ CHAPTER 142 An Act to Restrict Travelling Through Forest Lands 1. This Act may be cited as The Forest Travel Act. 2. In this Act (a) "forest land" means any uncultivated land within the province upon which are growing or standing trees or shrubs and includes dry marsh , bo gland and land com monly known as "barrens"; (b) "Minister" means the Minister of Mines , Agriculture and Resources; (c) "order" means an order made by the Minister und er this Act; (d) "permit" means a permit issued by the Minister under this Act; (e) "restricted area" means any forest land which the Min ister declares to he a restricted area. Shor t t itle, In te rpretation. 3.-(1 ) Th e Minister may by ord er declare any forest land to Decla rat ion be a restricted area. of Ie ,! rict ed ar ea. (2 ) An order may describe the restricted area by the bo und aries of the area or by the use of any nam e by which the ar ea is generally or commonly known. / I') 1)f~ "icrip ti (l tl of 1<,,; 1r ic tcd a rCii. 2120 FOIl EST THAVEL Acr Travel or use of restricted area proh ibited. Exception. Minister may make different orden." Minister may vary order. Permits. Limitation of righ"u under permit. Cancellation or variation. Delegation hy Minister. Offence and penalty. (3) Subject to this Act, no person shall trav elthrough or be in a restricted area while an order is in force except in accordance with the provisions of that order or und er and in accordance with a permit. (4) The Minister may in an order (a) allow travel in or use of a restricted area or part thereof for such purposes or upon such conditions as he may specify in the order; (b) exempt from the operation of the order such persons or classes of persons as he may specify in the order. (5) The Minist er may make different orders in resp ect of dil Ierent forest lands or in respect of the same forest land for dif ferent times . (6) The Minister may vary an order in respect of the period during which it applies, the area in which it applies and the per sori or classes of persons to whom it applies. 4.-(1) Subject to subsection (2), the Minister may issue per mits for travel in or use of a restricted area or part thereof for such purposes and subject to such conditions, if any, as the Min ister may prescribe in the permit. (2) A permit shall not be deemed to give to the holder thereof any rights or privileges which he would not have had in respect of travel in or use of a restricted area if this Act had not been passed or if the permit had not been issued to him. (3) The Minister may by notice to the holder of a permit can cel or vary the permit or any of the conditions to which it is subject. (4) The Minister may authorize other persons to issue permits in his nam e if the tenns of those permits have been approved by him. 5. A person who violates or fails to comply with any pro vision of this Act or of an order or of a permit or any condition / /3 l'um:ST THAYEL .\ c-r Chaptvr I -L~ 2121 attached to that permit is guilt y of an offence and liable 01 1 summary conviction to a fine of not more than one thousand dollars and in default of payment to imprisonm ent for a term not exceeding twelve months or to both such fine and imprisonment. 6.-(1) Notwithstanding any other statute or law or any grant, lease, licence or other rights granted, given or reserved to any person under or pursuant to any statute but subject to subsection (2), this Act applies to all forest land in the province. (2) This Act does not apply to (a) forest land within the boundaries of (i) the Cities of St. John's and Comer Brook, (ii) a municipality or Local Improv ement District established under The Local Govemment Act, (iii) a community organized under The Community Councils Act, or (iv) any other settlement; (b) a highway as defin ed in The Department of Highways Act which is vested in Her Majesty in right of New foundland under that Act; and (c) persons who are required to be in a restrict ed area in the course of their duty und er any statute. IIi .-\pp lica t ion of Act. Xon app lica tion of Ace.