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Development approvals and state-owned quarry material

A development approval does not authorise you to remove or use state-owned quarry material. You will still need to be authorised under the Forestry Act 1959 to remove or use this material.

About the Forestry Act

Under the Forestry Act 1959 the State owns quarry material on applicable state-owned land as well as on some privately owned land. The Department of Agriculture and Fisheries (DAF) administers the Forestry Act.

Under the Forestry Act, quarry material includes any of the following that aren't defined as minerals under the Mineral Resources Act 1989:

  • stone
  • gravel
  • sand
  • rock
  • clay
  • soil
  • earth.

Applicable state-owned land includes:

  • leasehold land
  • reserves
  • state forest and timber reserve under the Forestry Act.

The State also owns the quarry material on private land where the State has reserved the ownership of this material through a deed of grant.

Removing or using state-owned quarry material

Unless authorised by other legislation, removing or using state-owned quarry material must be authorised under the Forestry Act. However, sometimes, as a lessee or landowner, you may use state-owned quarry material, if you:

  • do not remove it from the land parcel
  • only use it for a purpose consistent with the lease or with rights as a landowner.

A development approval does not authorise the removal or use of state-owned quarry material, under the:

  • Planning Act 2016
  • State Development Act and Public Works Organisation Act 1971.

For more information on obtaining an authority under the Forestry Act to remove or use state-owned quarry material refer to how we sell state-owned quarry material.

Contact us

Contact DAF for further advice:

Contact

General enquiries 13 25 23