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Forest Management (Consequential Amendments) Act 2013
An Act to amend certain legislation consequent on the enactment of the Forest Management Act 2013
[Royal Assent 6 November 2013]
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
This Act may be cited as the Forest Management (Consequential Amendments) Act 2013 .
This Act commences on the day on which the Forest Management Act 2013 commences.
3. Effect of certain consequential amendments
The amendment by this Act of a provision of any regulations, rules or by-laws made under any Act does not prevent that provision or any other provision of those regulations, rules or by-laws from being amended or rescinded by any subsequent regulations, rules or by-laws.
This Act is repealed on the three hundred and sixty fifth day from the day on which it commences.
The legislation specified in Schedule 1 is amended as specified in that Schedule.
SCHEDULE 1 - Consequential AmendmentsAbt Railway Development Act 1999
1. Section 3 is amended by omitting "established under section 6 of the Forestry Act 1920 " from the definition of Forestry corporation and substituting "continued by section 6 of the Forest Management Act 2013 ".
2. Section 16(3)(b) is amended by omitting " Forestry Act 1920 " and substituting " Forest Management Act 2013 ".Boundary Fences Act 1908
1. Section 6A(1) is amended by omitting "established by section 6 of the Forestry Act 1920 " and substituting "continued by section 6 of the Forest Management Act 2013 ".Cat Management Act 2009
1. Section 4 is amended by omitting paragraph (c) from the definition of reserved land and substituting:Crown Lands Act 1976(c) permanent timber production zone land within the meaning of the Forest Management Act 2013 ; or
1. Section 2A is amended by omitting paragraph (b) and substituting the following paragraph:(b) permanent timber production zone land within the meaning of the Forest Management Act 2013 .
2. Section 13(8) is amended by omitting "established by section 6 of the Forestry Act 1920 " and substituting "continued by section 6 of the Forest Management Act 2013 ".Evidence Act 2001
1. Section 177D(1)(b) is amended by omitting "State forest within the meaning of the Forestry Act 1920 " and substituting "permanent timber production zone land within the meaning of the Forest Management Act 2013 ".Explosives Regulations 2012
1. Clause 3(1)(g) of Schedule 7 is amended by omitting "State forest, within the meaning of the Forestry Act 1920 " and substituting "permanent timber production zone land, within the meaning of the Forest Management Act 2013 ".Fire Service Act 1979
1. Section 3(1) is amended as follows:Firearms Act 1996(a) by omitting the definition of forest officer and substituting the following definition:forest officer means an employee of the Forestry corporation continued by section 6 of the Forest Management Act 2013 ;(b) by omitting "established by section 6 of the Forestry Act 1920 " from the definition of Forestry corporation and substituting "continued by section 6 of the Forest Management Act 2013 ".
1. Section 39(d) is amended by omitting "established under section 6 of the Forestry Act 1920 " and substituting "continued by section 6 of the Forest Management Act 2013 ".Florentine Valley Paper Industry Act 1935
1. Section 3(1) is amended by omitting "established by section 6 of the Forestry Act 1920 " from the definition of Forestry corporation and substituting "continued by section 6 of the Forest Management Act 2013 ".Forest Practices Act 1985
1. Section 3(1) is amended as follows:(a) by omitting "established under section 6 of the Forestry Act 1920 " from the definition of Forestry corporation and substituting "continued by section 6 of the Forest Management Act 2013 ";(b) by omitting the definition of forestry right and substituting the following definition:forestry right means any forestry right continued under the Forest Management Act 2013 ;(c) by omitting "State forest within the meaning of the Forestry Act 1920 " from paragraph (aa) of the definition of owner of land and substituting "permanent timber production zone land within the meaning of the Forest Management Act 2013 ".
2. Section 4DA is amended by omitting " section 22AA of the Forestry Act 1920 " and substituting " section 16 of the Forest Management Act 2013 ".
3. Section 37(12)(b) is amended by omitting " section 22AA of the Forestry Act 1920 " and substituting " section 16 of the Forest Management Act 2013 ".
4. Section 37CA is amended by omitting " section 22AA of the Forestry Act 1920 " and substituting " section 16 of the Forest Management Act 2013 ".
5. Section 38(2B)(a) is amended by omitting " Forestry Act 1920 " and substituting " Forest Management Act 2013 ".
6. Section 39(3)(b) is amended by omitting " Forestry Act 1920 " and substituting " Forest Management Act 2013 ".
7. Clause 2A(e) of Schedule 3 is amended by omitting " Forestry Act 1920 " and substituting " Forest Management Act 2013 ".
8. Clause 4(e) of Schedule 5 is amended by omitting " Forestry Act 1920 " and substituting " Forest Management Act 2013 ".Forest Practices Regulations 2007
1. Regulation 3 is amended by omitting the definition of State forest and substituting the following definition:Forestry Rights Registration Act 1990State forest means permanent timber production zone land within the meaning of the Forest Management Act 2013 ;
1. Section 3 is amended as follows:Government Business Enterprises Act 1995(a) by omitting "State forest within the meaning of the Forestry Act 1920 " from paragraph (aa) of the definition of owner of land and substituting "permanent timber production zone land within the meaning of the Forest Management Act 2013 ";(b) by omitting "established under section 6 of the Forestry Act 1920 " from paragraph (aa)(ii) of the definition of owner of land and substituting "continued by section 6 of the Forest Management Act 2013 ";(c) by omitting " Forestry Act 1920 " from the definition of trees and substituting " Forest Management Act 2013 ".
1. Schedule 2 is amended by omittingand substituting:
Forestry corporation established by the Forestry Act 1920
Forestry corporation continued by section 6 of the Forest Management Act 2013
2. Schedule 3 is amended by omittingand substituting:
Forestry corporation established by the Forestry Act 1920
Forestry corporation continued by section 6 of the Forest Management Act 2013
3. Schedule 4 is amended by omittingJustices Rules 2003and substituting:
Forestry corporation established by the Forestry Act 1920
Forestry corporation continued by section 6 of the Forest Management Act 2013
1. Schedule 2 is amended by omitting " Forestry Act 1920 " from column 2 of item 8 and substituting " Forest Management Act 2013 ".Land Acquisition Act 1993
1. Section 75(2) is amended by omitting " Forestry Act 1920 " and substituting " Forest Management Act 2013 ".Land Tax Act 2000
1. Section 7(1) is amended by omitting paragraph (c) and substituting the following paragraph:Local Government Act 1993(c) permanent timber production zone land within the meaning of the Forest Management Act 2013 ; or
1. Section 87(1)(b) is amended by omitting subparagraph (viii) .Mineral Resources Development (Fossicking Areas) Order 1996
1. Clause 3 is amended by omitting the definition of State forest and substituting the following definition:Mineral Resources Development Act 1995State forest means permanent timber production zone land within the meaning of the Forest Management Act 2013 .
1. Section 3 is amended as follows:(a) by omitting " Forestry Act 1920 " from the definition of Crown lease and substituting " Forest Management Act 2013 ";(b) by omitting the definition of State forest and substituting the following definition:State forest means permanent timber production zone land within the meaning of the Forest Management Act 2013 ;
2. Section 5(2) is amended by omitting paragraph (b) and substituting the following paragraph:(b) permanent timber production zone land within the meaning of the Forest Management Act 2013 .
3. Section 147(2)(a) is amended by omitting " Forestry Act 1920 " and substituting " Forest Management Act 2013 ".
4. Section 161F(1) is amended by omitting " Forestry Act 1920 " and substituting " Forest Management Act 2013 ".Mining (Strategic Prospectivity Zones) Act 1993
1. Section 7 is amended as follows:National Parks and Reserves Management Act 2002(a) by omitting paragraph (b) from subsection (4) and substituting the following paragraph:(b) is sold by the Forestry corporation continued by section 6 of the Forest Management Act 2013 ; or(b) by omitting from subsection (4)(c) " Forestry Act 1920 " and substituting " Forest Management Act 2013 ";(c) by omitting from subsection (4)(cb) " Mineral Resources Development Act 1995 ; or" and substituting " Mineral Resources Development Act 1995 –";(d) by omitting paragraph (d) from subsection (4) ;(e) by omitting paragraph (a) from subsection (5) and substituting the following paragraph:(a) is permanent timber production zone land within the meaning of the Forest Management Act 2013 and is not subject to an order under section 5(3) of the Mineral Resources Development Act 1995 ; or(f) by omitting from subsection (5)(d) " Forestry Act 1920 " and substituting " Forest Management Act 2013 ";(g) by omitting subsection (7) ;(h) by omitting from subsection (8) " Forestry Act 1920 " and substituting " Forest Management Act 2013 ".
1. Section 3(1) is amended by omitting the definitions of forest reserve and Forestry corporation .
2. Section 18 is amended by omitting the definitions of class , management objectives , purposes of reservation and reserved land and substituting the following definition:class, in relation to reserved land, means the class, referred to in section 16 of the Nature Conservation Act 2002 , that the reserved land is declared to be under that Act.
3. Section 19 is amended as follows:(a) by omitting subsection (6) ;(b) by omitting subsection (13) .
4. Section 20 is amended by omitting subsection (7) .
5. Section 48(7) is amended by omitting " Forestry Act 1920 " and substituting " Forest Management Act 2013 ".
6. Schedule 1 is amended by inserting in column 2 of paragraph (b) of item 7 "including the harvesting of special species timbers (if permitted by order made under section 19(2) of the Tasmanian Forests Agreement Act 2013)" after "resources".Natural Resource Management Act 2002
1. Section 3 is amended by omitting "established under the Forestry Act 1920 " from paragraph (b) of the definition of public land manager and substituting "continued by section 6 of the Forest Management Act 2013 ".Nature Conservation Act 2002
1. Section 11(1) is amended by omitting paragraph (a) from the definition of Crown land and substituting:(a) permanent timber production zone land within the meaning of the Forest Management Act 2013 ; or
2. Section 13(1) is amended by omitting paragraph (a) from the definition of land vested in a public authority and substituting:(a) permanent timber production zone land within the meaning of the Forest Management Act 2013 ; or
3. Schedule 1 is amended by inserting in column 3 of item 7 "including the harvesting of special species timbers (if permitted by order made under section 19(2) of the Tasmanian Forests Agreement Act 2013)," after "that area of land,".Private Forests Act 1994
1. Section 3 is amended by omitting "established by section 6 of the Forestry Act 1920 " from the definition of private commercial forest and substituting ", continued by section 6 of the Forest Management Act 2013 ,".
2. Section 25B(1) is amended by omitting "established by section 6 of the Forestry Act 1920 " from the definition of nett area of forest operation and substituting "continued by section 6 of the Forest Management Act 2013 ".Rail Safety National Law (Tasmania) Act 2012
1. Section 5(1) is amended by omitting " Forestry Act 1920 " from paragraph (b)(ii) of the definition of private road and substituting " Forest Management Act 2013 ".Survey Co-ordination Act 1944
1. Section 20A(2)(c) is amended by omitting "established by section 6 of the Forestry Act 1920 " and substituting "continued by section 6 of the Forest Management Act 2013 ".Tasmanian Forests Agreement Act 2013
1. Section 3(1) is amended as follows:(a) by omitting " Forestry Act 1920 " from the definition of forest operations and substituting " Forest Management Act 2013 ";(b) by omitting the definition of Forestry Corporation and substituting the following definition:Forestry Corporation means the Forestry corporation continued by section 6 of the Forest Management Act 2013 ;(c) by omitting the definition of State forest and substituting the following definition:State forest has the same meaning as permanent timber production zone land in the Forest Management Act 2013 ;(d) by omitting " Forestry Act 1920 " from the definition of timber and substituting " Forest Management Act 2013 ".
2. Section 5 is amended by omitting paragraph (c) and substituting the following paragraph:(c) Forest Management Act 2013 ; or
3. Section 11(2)(a) is amended by omitting " section 22AA of the Forestry Act 1920 " and substituting " section 16 of the Forest Management Act 2013 ".
4. Clause 1 of Schedule 1 is amended by omitting paragraph (a) from the definition of land and substituting:Timber Promotion Act 1970(a) permanent timber production zone land within the meaning of the Forest Management Act 2013 ; or
1. Section 2 is amended as follows:Water Management Act 1999(a) by omitting "established under section 6 of the Principal Act " from the definition of Forestry corporation and substituting "continued by section 6 of the Principal Act";(b) by omitting " Forestry Act 1920 ," from the definition of Principal Act and substituting " Forest Management Act 2013 –".
1. Section 167(3) is amended as follows:(a) by omitting paragraph (a) and substituting the following paragraph:(a) permanent timber production zone land within the meaning of the Forest Management Act 2013 ; or(b) by omitting from paragraph (b) " Forestry Act 1920 " and substituting " Forest Management Act 2013 ";(c) by omitting " Forestry Act 1920 " second occurring and substituting " Forest Management Act 2013 ".
[Second reading presentation speech made in:
House of Assembly on 24 SEPTEMBER 2013
Legislative Council on 17 OCTOBER 2013]