Public Land (Administration and Forests) Act 1991

Public Land (Administration and Forests) Act 1991

An Act to establish a Public Land Use Commission, to amend and repeal certain legislation relating to forests, to amend the Boundary Fences Act 1908 , Fire Service Act 1979 , Mining Act 1929 and National Parks and Wildlife Act 1970 and for related purposes

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:

PART 1 - Preliminary

1.   Short title

This Act may be cited as the Public Land (Administration and Forests) Act 1991 .

2.   Commencement

(1)  This Act, except sections 122 , 123 , 124 , 125 and 126 and Schedules 3 , 4 , 5 , 6 and 7 , commences on the day on which it receives the Royal Assent.

(2)  Subject to section 120 (2) , each provision excepted under subsection (1) commmences on a day or days to be proclaimed.

3.   Act to bind Crown

This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.

PART 2 - Public Land Use Commission

Division 1 - Preliminary

4.   Interpretation of Part

In this Part, unless the contrary intention appears –

Assistant Commissioner means an Assistant Public Land Use Commissioner appointed under section 11 ;

Commission means the Public Land Use Commission established by section 5 ;

Commissioner means the Public Land Use Commissioner appointed under section 11 ;

public land means land in the State vested in –

(a) the Crown (including land granted in fee simple by the Crown which has revested in the Crown by way of purchase or otherwise); or

(b) a body or authority established for a public purpose by or under a law of the State; or

(c) a body corporate –

(i) incorporated under a law of the State, of another State or of a Territory of the Commonwealth; and

(ii) in which the Crown has a controlling interest –

and includes –

(d) any such land covered by water, including the sea; and

(e) everything on, under or over any such land; and

(f) where the whole estate or interest of the Crown in land has not been alienated or otherwise disposed of by the Crown – the remaining estate or interest of the Crown in that land;

reference means a reference made by the Minister to the Commission under section 14 (1) .

Division 2 - Establishment, functions and powers of Commission

5.   Establishment

(1)  [Section 5 Subsection (1) amended by No. 68 of 1993, s. 8 ]A Public Land Use Commission is established.

(2)  The Commission is part of the State's resource management and planning system, the objectives of which are set out in Part 1 of Schedule 1 .

6.   Function

It is the function of the Commission, when required to do so by the Minister, to enquire into and to make recommendations on the use of public land which are consistent with the objectives set out in Part 2 of Schedule 1 .

7.   Policy to be followed by Commission

It is the obligation of the Commission to make recommendations that will further the objectives set out in Schedule 1 .

8.   Matters to be addressed by Commission

Before making a recommendation in respect of land, the Commission must, as far as practicable and subject to the terms of the reference –

(a) identify the nature and extent of the resources of the land; and

(b) identify the environmental, cultural, social, industrial, economic and other values of those resources; and

(c) identify the uses that are or could be made of those resources; and

(d) assess the full costs and benefits involved in each use, or combination of uses, of those resources; and

(e) consider any other aspects of the use of the land the Commission considers relevant.

9.   Powers of Commission

(1)  In addition to any other power conferred on it by this Act, the Commission has the power to do all things necessary or convenient to perform its functions.

(2)  Without limiting the generality of subsection (1) , the Commission has power to enter into any arrangement or agreement with any person or body of persons in this State or elsewhere in respect of a reference.

Division 3 - Constitution of Commission

10.   Constitution of Commission

(1)  The Commission consists of –

(a) a Public Land Use Commissioner; and

(b) any Assistant Public Land Use Commissioners holding office in respect of any reference to the Commission.

(2)  For the purpose of making its recommendations in respect of a reference the Commission is to consist of –

(a) the Commissioner; and

(b) an Assistant Commissioner with expertise and management experience in resource industry; and

(c) an Assistant Commissioner with expertise and management experience in resource conservation.

(3)  The Commission –

(a) is a body corporate with perpetual succession and a common seal; and

(b) may acquire, hold, dispose of and otherwise deal with property; and

(c) may sue and be sued in its corporate name.

(4)  The common seal must be kept and used as authorized by the Commission.

(5)  The execution of a document sealed by the Commission must be attested by 2 members of the Commission.

(6)  All courts and persons acting judicially must take judicial notice of the imprint of the common seal on a document and presume that it was duly sealed by the Commission.

11.   Appointment of Commissioner and Assistant Commissioners

(1)  The Commissioner and Assistant Commissioners are to be appointed by the Governor.

(2)  The Commissioner's appointment is to be on a full-time basis.

(3)  An Assistant Commissioner may be appointed on a full-time or part-time basis.

12.   Period of appointment of Commissioner and Assistant Commissioners

The Commissioner and the Assistant Commissioners are to be appointed for such period, not exceeding 5 years, as is specified in their instruments of appointment, but are eligible for re-appointment.

13.   Selection of Assistant Commissioners

Before the appointment of an Assistant Commissioner, the Minister must consult such people or groups of people as the Minister considers appropriate seeking recommendations about suitably qualified appointees.

Division 4 - References to Commission

14.   Reference of public land to Commission

(1)  The Minister may refer questions on the use of any public land to the Commission requiring it to enquire into them and to make recommendations.

(2)  If the Minister considers it appropriate to do so, the Minister may include in a reference land that is not public land but is directly affected by the use of the public land the subject of the reference.

(3)  The Commission may recommend to the Minister that the Minister should refer a question on the use of any specified public land to the Commission in accordance with subsection (1) .

(4)  As soon as practicable after making a reference to the Commission the Minister must publish a copy of the reference in –

(a) the Gazette; and

(b) at least 3 newspapers published and circulated generally in Tasmania –

seeking comments on the terms of the reference.

15.   Reference requirements

A reference –

(a) must set out –

(i) a description of the land, distinguishing public land and other land; and

(ii) the scope of the inquiry (which may include limiting the consideration of the Commission to one proposed use of the land); and

(iii) the date by which the Commission's recommendations are to be given to the Minister; and

(iv) any principles or other matters that are or are not to be taken into account by the Commission; and

(v) any priorities to be observed by the Commission in taking those principles or other matters into account; and

(b) may require the Commission to specify in its recommendations –

(i) a preferred option giving reasons why that option is preferred; or

(ii) a range of alternatives giving, in each case, its advantages and disadvantages.

16.   Notice varying or amending reference

(1)  At any time after making a reference to the Commission, the Minister may, by written notice to the Commissioner, amend or withdraw the reference or amplify any term of it.

(2)  As soon as practicable after giving the notice, the Minister must publish a copy of it in –

(a) the Gazette; and

(b) at least 3 newspapers published and circulated generally in Tasmania.

Division 5 - Reference procedure to be followed by Commission

17.   Affected Agency Group

(1)  The Commission may establish an Affected Agency Group to help the Commission carry out its functions.

(2)  The Commission may select as members of the Affected Agency Group people who represent Government departments and State authorities that –

(a) may have management and policy responsibilities in respect of references; or

(b) have indicated to the Commission a desire to be represented.

(3)  The Commission may include as members of an Affected Agency Group people who represent Commonwealth Government departments and Commonwealth authorities that –

(a) may have management and policy responsibilities in respect of references; or

(b) have indicated to the Commission a desire to be represented.

18.   Reference panels may be established

(1)  The Commission may establish a Reference Panel to assist the Commission to carry out its functions.

(2)  The Commission must select people to be members of a Reference Panel having regard to the nature of the reference so that the Panel may include, but not be limited to, people having expertise in the following matters:

(a) soil conservation, land rehabilitation and protection;

(b) conservation of natural and cultural resources;

(c) conservation and management of water resources, including marine water resources;

(d) industry and commerce;

(e) management and commercial use of forest resources;

(f) mineral exploration and mining development;

(g) tourism and the recreational use of public land;

(h) agriculture and conservation techniques used in developing land for primary production; and

(i) aquaculture and fisheries management.

19.   Other reference bodies

Nothing in section 17 or 18 prohibits the Commission from establishing other reference bodies to help the Commission carry out its functions or from seeking the advice of other people or groups of people for that purpose.

20.   Duty of Commission to inform itself

(1)  It is the duty of the Commission when considering a reference to inform itself as fully as practicable in respect of all matters relevant to the reference.

(2)  For the purpose of subsection (1) the Commission –

(a) must seek submissions from –

(i) the public; and

(ii) any reference body established under section 18 or 19 ; and

(iii) any person or group of people the Commission considers would be directly affected by the use of the land that is the subject of the reference; and

(b) may –

(i) inspect the land that is the subject of the reference; and

(ii) seek reports from consultants, whether in Tasmania or elsewhere; and

(iii) hold hearings.

(3)  Subsection (2) (b) (i) does not authorize the Commission to enter land without first giving the owner of the land written notice of its intention to do so.

(4)  A recommendation of the Commission in respect of a reference is not invalidated by reason only of the failure of the Commission acting in good faith to seek submissions from any person or group of people who claim to be directly affected by the use of the land that is the subject of the reference.

21.   Background report to be prepared by Commission

(1)  As soon as practicable after receiving a reference the Commission must prepare a background report.

(2)  For the purpose of preparing a background report the Commission may seek advice from such sources as it considers will be able to provide information, including, in particular, any body established under section 17 , 18 or 19 .

(3)  The background report must set out, so far as is known, the resources of the land that is the subject of the reference and any existing commitments in respect of those resources.

22.   Request for submissions

As soon as practicable after a background report has been prepared by the Commission in respect of a reference, the Commission must publish in –

(a) the Gazette; and

(b) at least 3 newspapers published and circulated generally in Tasmania –

a notice that –

(c) states that the background report has been prepared and where copies of it may be obtained or purchased; and

(d) seeks submissions on the reference as amplified by the background report; and

(e) advises people who wish to make submissions of the manner in which submissions should be prepared and sent to the Commission.

23.   Hearings

(1)  If the Commission decides that hearings should be held in respect of a reference –

(a) the procedure at hearings is, subject to section 24 , to be determined by the Commissioner; and

(b) the Commission –

(i) may inform itself about any matter in any way the Commissioner thinks fit; and

(ii) may receive oral or written evidence; and

(iii) may consult with such people as the Commission thinks fit; and

(iv) is not bound to act in a formal manner; and

(v) is not bound by the rules of evidence.

(2)  The Commissioner must determine where hearings are to be held.

(3)  Before the Commission begins a hearing it must give reasonable notice of the hearing in at least 3 newspapers published and circulated generally in Tasmania stating –

(a) the subject of the hearing; and

(b) the time and place at which the hearing is to be held.

(4)  The Minister may direct the Commission to hold hearings in respect of a reference.

24.   Procedure at hearings

(1)  Subject to this section, a hearing must be held in public.

(2)  If –

(a) a person appearing to give evidence at a hearing objects to doing so in public; and

(b) the Commission considers –

(i) that the evidence is of a confidential nature; and

(ii) the interest in confidentiality is greater than the interest in having the evidence taken in public –

the Commission may take the evidence in private.

(3)  If the Commission considers –

(a) that evidence to be given at a hearing is of a confidential nature even though the person appearing to give the evidence has not objected to doing so in public; and

(b) the interest in confidentiality is greater than the interest in having the evidence taken in public –

the Commission may take the evidence in private.

(4)  The Commission may, if it thinks fit, permit or require a person who is to give evidence to the Commission to do so in writing.

(5)  The Commission may, at a hearing, take evidence on oath or affirmation.

25.   Written evidence and submission documents to be made public

If a person –

(a) gives written evidence to a hearing; or

(b) makes a written submission to the Commission in connection with a reference –

the Commission must, as soon as reasonably practicable, make available to the public in any way it thinks fit the particulars of the evidence or the contents of the submission, other than any matter where –

(c) the person objects to the matter being made public and the Commission considers that evidence of the matter would have been taken in private if it had been given orally at a hearing; or

(d) the Commission considers that, even though the person does not object to the matter being made public, evidence of the matter would have been taken in private if it had been given orally at a hearing.

26.   Protection of Commission and witnesses

(1)  The Commissioner and each Assistant Commissioner has, in the performance of his or her duties as a member of the Commission, the same protection and immunity as a Judge of the Supreme Court.

(2)  A person making a submission to the Commission or giving evidence at a hearing of the Commission has the same protection and is subject to the same liabilities as a witness would have if that submission or evidence were evidence given by that person in proceedings in the Supreme Court.

(3)  The liabilities referred to in subsection (2) are in addition to any liabilities under this Act.

27.   Draft reports

In the course of preparing recommendations on a reference, the Commission must prepare for public consideration a draft report of its proposed recommendations.

28.   Public comments to be sought on reports

The Commission must, as soon as practicable, make copies of a draft report available to the public and provide an opportunity for public comment on it.

29.   Interim reports

In the course of preparing recommendations on a reference the Commission may produce an interim report in respect of any matter the Commission considers needs particular or immediate attention.

30.   Commission to submit report to Minister

(1)  The Commission must, as soon as practicable after completing a report, including an interim report, submit it to the Minister.

(2)  A final report containing the Commission's recommendations in respect of a reference must contain an estimate by the Commission of the costs, actual and notional, incurred by it in carrying out the reference.

(3)  The estimate of costs referred to in subsection (2) is to include the cost of any work carried out by a Government department or State authority in respect of the reference that was additional to any work that it would normally carry out.

31.   Reports only to contain majority recommendations

Neither the Commission, nor any Commissioner, is to prepare any interim or other report in respect of a reference other than a report containing recommendations supported by all of the members of the Commission appointed in respect of the reference or a majority of them.

32.   Reports to be tabled

(1)  The Minister must lay a copy of a report, including an interim report, before each House of Parliament within 10 sitting days of that House after the day on which the Minister receives the report from the Commission.

(2)  The Minister must make a report, including an interim report, available to the public 21 days after receiving it from the Commission if it has not sooner been laid before either House of Parliament.

33.   Power to obtain information and documents

(1)  If the Commission –

(a) has received a reference; and

(b) has reason to believe that a person is capable of giving information or producing a document relevant to the reference –

the Commission may give written notice to the person –

(c) requiring him or her to produce the document specified in the notice or to appear at a hearing to give evidence; or

(d) requiring him or her to give to the Commission on or before a day specified in the notice –

(i) a statement signed by the person or, in the case of a body corporate, on behalf of the body corporate, setting out the information specified in the notice; or

(ii) the document specified in the notice.

(2)  If a document is produced or given to the Commission under subsection (1) , the Commission –

(a) may take possession of, and may make copies of or take extracts from, the document; and

(b) may retain possession of the document for such period as is necessary for the purposes of the reference to which the document relates; and

(c) during that period must permit it to be inspected at all reasonable times by people who would be entitled to inspect it if it were not in the possession of the Commission.

34.   Allowances to persons giving evidence, &c.

(1)  A person who appears at a hearing because of a notice under section 33 is entitled to be paid such allowances for travelling and other expenses as are prescribed.

(2)  If the Commissioner considers it appropriate, a person who appears at a hearing to give evidence or produce a document (otherwise than because of a notice under section 33 ) may be paid such allowances for travelling and other expenses as are prescribed.

(3)  If the Commissioner considers it appropriate, a person who gives evidence to, or produced a document at, a hearing or for the purpose of a reference may be –

(a) paid for the performance of work involved in collecting and preparing the evidence or document; or

(b) reimbursed such expenses, or compensated for such losses, as were reasonably incurred in collecting and preparing the evidence or document –

or both.

(4)  In subsection (3) a person includes a Government department and a State authority.

(5)  Money paid under this section is to be paid by the Commission from money made available to it by Parliament.

Division 6 - Administration

35.   Outside employment

(1)  The Commissioner must not engage in paid employment outside the duties of the office of Commissioner except with the Minister's consent.

(2)  An Assistant Commissioner appointed on a full-time basis must not engage in paid employment outside the duties of the office of Assistant Commissioner except with the Minister's consent.

(3)  An Assistant Commissioner appointed on a part-time basis must not engage in paid employment that conflicts with the proper performance of his or her functions as an Assistant Commissioner.

(4)  A reference in this section to paid employment includes a reference to the performance by a person of a service for which it could reasonably be expected that the person would receive payment.

36.   Disclosure of interests

(1)  The Commissioner and each Assistant Commissioner must give written notice to the Minister of –

(a) all direct and indirect pecuniary interest that he or she has or acquires in a business carried on in Australia or in a body corporate carrying on any such business; and

(b) any interest, pecuniary or otherwise, that he or she has or acquires that could influence the performance of his or her functions under this Act.

(2)  Any notice given under subsection (1) must be published in any report prepared by the Commission in respect of a reference.

37.   Suspension and removal from office

(1)  The Governor may suspend the Commissioner or an Assistant Commissioner from office on the ground of misbehaviour or physical or mental incapacity.

(2)  If the Governor suspends the Commissioner or an Assistant Commissioner from office, the Minister must cause a statement of the ground of the suspension to be laid before each House of Parliament within 5 sitting days of the House after the suspension.

(3)  If such a statement has been laid before a House of Parliament, that House may, within 15 sitting days of that House after the day on which the statement has been laid before it, by resolution, declare that the Commissioner or Assistant Commissioner, as the case may be, should be restored to office and, if each House so passes a resolution, the Governor must terminate the suspension.

(4)  If, at the expiration of 15 sitting days of a House of Parliament after the day on which the statement has been laid before that House, that House has not passed such a resolution, the Governor may remove the Commissioner or Assistant Commissioner from office.

(5)  If the Commissioner or an Assistant Commissioner –

(a) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with creditors or makes an assignment of remuneration for their benefit; or

(b) being a person holding office on a full-time basis –

(i) engages, except with the consent of the Minister, in paid employment outside the duties of his or her office; or

(ii) is absent from duty, except on leave granted by the Minister in accordance with section 40, for 14 consecutive days or for 28 days in any period of 12 months; or

(c) being a person holding office on a part-time basis, fails to attend for duty when requested to do so by the Commissioner for 7 days during any period of 3 months; or

(d) fails, without reasonable excuse, to comply with section 36 –

the Governor must terminate the appointment of the Commissioner or Assistant Commissioner, as the case may be.

(6)  A Commissioner or an Assistant Commissioner is not to be removed from office except as provided by this section.

(7)  A Commissioner or an Assistant Commissioner who is suspended from office under this section is not entitled to be paid any remuneration or allowances in respect of the period of suspension unless he or she is restored to office.

38.   Part-time Assistant Commissioner taken to be full-time

If –

(a) an Assistant Commissioner has been appointed on a part-time basis; and

(b) the Commissioner advises the Minister the Commissioner is satisfied that the Assistant Commissioner will not be able to perform the functions of an Assistant Commissioner during a period otherwise than on a full-time basis –

the Minister may, by notice in the Gazette, direct that during a specified period the Assistant Commissioner is to be taken for the purpose of this Act to have been appointed on a full-time basis.

39.   Remuneration and allowances

The Commissioner and an Assistant Commissioner are to be paid such remuneration and allowances as the Governor determines.

40.   Leave of absence

The Minister may grant the Commissioner and an Assistant Commissioner leave of absence on such terms and conditions as to remuneration and otherwise as the Minister determines.

41.   Resignation of Commissioner and Assistant Commissioners

The Commissioner and an Assistant Commissioner may resign by signed instrument delivered to the Governor.

42.   Retirement from office

The Governor may, with the consent of the Commissioner or an Assistant Commissioner, retire the Commissioner or the Assistant Commissioner, as the case may be, on the ground of invalidity.

43.   Finance

The finances of the Commission consist of such money as is appropriated to the use of the Commission by Parliament.

44.   Use by Commission of services of persons

(1)  The Commission may make arrangements with the Secretary of the Department for employees employed in the Department to be made available to the Commission to enable it to perform its functions and exercise its powers, and those persons may serve the Commission in any capacity in conjunction with their positions in the State Service.

(2)  The Commission may make arrangements with the Head of any other Agency, within the meaning of the Tasmanian State Service Act 1984 , for employees employed in that Agency to be made available to the Commission to enable it to perform its functions and exercise its powers, and those persons may serve the Commission in any capacity in conjunction with their positions in the State Service.

(3)  The Commission may make arrangements with any other person for persons employed or engaged by that person to be made available to the Commission to enable it to perform its functions and exercise its powers.

(4)  If, in accordance with subsection (2) or (3) , a person is made available to the Commission, the cost of making that person available to the Commission is to be met by the Commission.

Division 7 - Offences

45.   Offences relating to administration of Part

(1)  A person must not hinder, obstruct, molest or interfere with –

(a) the Commissioner or an Assistant Commissioner preparing recommendations in respect of a reference; or

(b) a person acting on behalf of the Commission for the purposes of a reference.

Penalty:  Fine not exceeding 20 penalty units.

(2)  A person must not –

(a) refuse to employ another person; or

(b) dismiss, or threaten to dismiss, another person from the other person's employment; or

(c) prejudice, or threaten to prejudice, another person in the other person's employment; or

(d) intimidate or coerce, impose any pecuniary or other penalty upon, or take any other disciplinary action in relation to, another person –

because the other person –

(e) has given, or proposes to give, any submission, information or document to the Commission or to a person acting on behalf of the Commission; or

(f) has given, or proposes to give, evidence before the Commission or to a person acting on behalf of the Commission.

Penalty:  Imprisonment for a term not exceeding 6 months.

46.   Failure to comply with requirement

(1)  A person who has been given notice under section 33 must not, without reasonable excuse –

(a) refuse or fail to comply with the notice; or

(b) when appearing at a hearing because of the notice refuse or fail –

(i) to take an oath or make an affirmation; or

(ii) to answer a question that is required by the person presiding at the hearing to be answered.

Penalty:  Fine not exceeding 20 penalty units.

(2)  A person who has been given notice under section 33 requiring the person to appear at a hearing must not, without reasonable excuse, refuse or fail to attend from day to day unless excused, or released from further attendance, by the person presiding at the hearing.

Penalty:  Fine not exceeding 20 penalty units.

(3)  It is a reasonable excuse for the purposes of subsection (1) for a person to refuse or fail to answer a question, give information or produce a document that the answer, the information or the production of the document might tend to incriminate the person or make the person liable to forfeiture or a penalty.

47.   False or misleading evidence or information

(1)  A person must not –

(a) give to the Commission information, or documents, that the person knows to be false or misleading in a material particular; or

(b) at a hearing, give evidence, or produce a document, that the person knows to be false or misleading in a material particular.

Penalty:  Imprisonment for 6 months.

(2)  Subsection (1) does not apply to a document if, at the time when the person gives it to the Commission, or produces it at a hearing, the person informs the Commission that it is false or misleading in a material particular and specifies in which respect it is, to the person's knowledge, false or misleading in a material particular.

48.   Conduct of directors, servants and agents

(1)  If it is necessary to establish, for the purposes of this Act, the state of mind of a body corporate in relation to particular conduct, it is sufficient to show –

(a) that the conduct was engaged in by a director, servant or agent of the body corporate within the scope of his or her actual or apparent authority; and

(b) that the director, servant or agent had the state of mind.

(2)  Any conduct engaged in on behalf of a body corporate by a director, servant or agent of the body corporate within the scope of his or her actual or apparent authority is to be taken, for the purposes of this Act, to have been engaged in also by the body corporate unless the body corporate establishes that the body corporate took reasonable precautions and exercised due diligence to avoid the conduct.

(3)  If it is necessary to establish, for the purposes of this Act, the state of mind of a person other than a body corporate in relation to particular conduct, it is sufficient to show –

(a) that the conduct was engaged in by a servant or agent of the person within the scope of his or her actual or apparent authority; and

(b) that the servant or agent had the state of mind.

(4)  Any conduct engaged in on behalf of a person other than a body corporate by a servant or agent of the person within the scope of his or her apparent authority is to be taken, for the purposes of this Act, to have been engaged in also by the first-mentioned person unless the first-mentioned person establishes that he or she took reasonable precautions and exercised due diligence to avoid the conduct.

(5)  If –

(a) a person other than a body corporate is convicted of an offence; and

(b) the person would not have been convicted of the offence if subsections (3) and (4) had not been enacted –

the person is not liable to be punished by imprisonment for that offence.

(6)  A reference in subsection (1) or (3) to the state of mind of a person includes a reference to –

(a) the knowledge, intention, opinion, belief or purpose of the person; and

(b) the person's reasons for the intention, opinion, belief or purpose.

(7)  A reference in this section to a director of a body corporate includes a reference to a constituent member of a body corporate incorporated for a public purpose by a law of the Commonwealth, of a State (including Tasmania) or of a Territory of the Commonwealth.

(8)  A reference in this section to engaging in conduct includes a reference to failing or refusing to engage in conduct.

Division 8 - Miscellaneous

49.   Relationship of this Part to other laws

The provisions of this Part are in addition to, and neither in derogation of nor in substitution for, the requirements of any other law.

50.   Annual report

(1)  The Commission must, not later than 31 December in each year commencing with the year 1992, prepare and give to the Minister a report on the Commission's activities during the period of 12 months that ended on the preceding 30 June.

(2)  A report may contain comments on issues arising from references conducted by the Commission.

(3)  The Minister must cause a copy of the report to be laid before each House of Parliament within 10 sitting days of that House after the day on which the Minister received the report.

51.   Regulations

The Governor may make regulations for the purposes of this Part.

PART 3 - Amendments of Forestry Act

Division 1 - Preliminary

52.   Interpretation of Part

In this Part, the Forestry Act 1920 is referred to as the Forestry Act.

Division 2 - Amendments

53.   

The amendments effected by these sections have been incorporated into the authorised version of the Forestry Act 1920 .

54.   

The amendments effected by these sections have been incorporated into the authorised version of the Forestry Act 1920 .

55.   

The amendments effected by these sections have been incorporated into the authorised version of the Forestry Act 1920 .

56.   

The amendments effected by these sections have been incorporated into the authorised version of the Forestry Act 1920 .

57.   

The amendments effected by these sections have been incorporated into the authorised version of the Forestry Act 1920 .

58.   

The amendments effected by these sections have been incorporated into the authorised version of the Forestry Act 1920 .

59.   

The amendments effected by these sections have been incorporated into the authorised version of the Forestry Act 1920 .

60.   

The amendments effected by these sections have been incorporated into the authorised version of the Forestry Act 1920 .

61.   

The amendments effected by these sections have been incorporated into the authorised version of the Forestry Act 1920 .

62.   

The amendments effected by these sections have been incorporated into the authorised version of the Forestry Act 1920 .

63.   

The amendments effected by these sections have been incorporated into the authorised version of the Forestry Act 1920 .

64.   

The amendments effected by these sections have been incorporated into the authorised version of the Forestry Act 1920 .

65.   

The amendments effected by these sections have been incorporated into the authorised version of the Forestry Act 1920 .

66.   

The amendments effected by these sections have been incorporated into the authorised version of the Forestry Act 1920 .

67.   

The amendments effected by these sections have been incorporated into the authorised version of the Forestry Act 1920 .

68.   

The amendments effected by these sections have been incorporated into the authorised version of the Forestry Act 1920 .

69.   

The amendments effected by these sections have been incorporated into the authorised version of the Forestry Act 1920 .

70.   

The amendments effected by these sections have been incorporated into the authorised version of the Forestry Act 1920 .

71.   

The amendments effected by these sections have been incorporated into the authorised version of the Forestry Act 1920 .

72.   

The amendments effected by these sections have been incorporated into the authorised version of the Forestry Act 1920 .

73.   

The amendments effected by these sections have been incorporated into the authorised version of the Forestry Act 1920 .

74.   

The amendments effected by these sections have been incorporated into the authorised version of the Forestry Act 1920 .

75.   

The amendments effected by these sections have been incorporated into the authorised version of the Forestry Act 1920 .

76.   

The amendments effected by these sections have been incorporated into the authorised version of the Forestry Act 1920 .

77.   

The amendments effected by these sections have been incorporated into the authorised version of the Forestry Act 1920 .

78.   

The amendments effected by these sections have been incorporated into the authorised version of the Forestry Act 1920 .

79.   

The amendments effected by these sections have been incorporated into the authorised version of the Forestry Act 1920 .

80.   

The amendments effected by these sections have been incorporated into the authorised version of the Forestry Act 1920 .

81.   

The amendments effected by these sections have been incorporated into the authorised version of the Forestry Act 1920 .

82.   

The amendments effected by these sections have been incorporated into the authorised version of the Forestry Act 1920 .

83.   

The amendments effected by these sections have been incorporated into the authorised version of the Forestry Act 1920 .

84.   

The amendments effected by these sections have been incorporated into the authorised version of the Forestry Act 1920 .

85.   

The amendments effected by these sections have been incorporated into the authorised version of the Forestry Act 1920 .

86.   

The amendments effected by these sections have been incorporated into the authorised version of the Forestry Act 1920 .

87.   

The amendments effected by these sections have been incorporated into the authorised version of the Forestry Act 1920 .

88.   

The amendments effected by these sections have been incorporated into the authorised version of the Forestry Act 1920 .

89.   

The amendments effected by these sections have been incorporated into the authorised version of the Forestry Act 1920 .

90.   

The amendments effected by these sections have been incorporated into the authorised version of the Forestry Act 1920 .

91.   

The amendments effected by these sections have been incorporated into the authorised version of the Forestry Act 1920 .

92.   

The amendments effected by these sections have been incorporated into the authorised version of the Forestry Act 1920 .

93.   

The amendments effected by these sections have been incorporated into the authorised version of the Forestry Act 1920 .

94.   

The amendments effected by these sections have been incorporated into the authorised version of the Forestry Act 1920 .

95.   

The amendments effected by these sections have been incorporated into the authorised version of the Forestry Act 1920 .

96.   

The amendments effected by these sections have been incorporated into the authorised version of the Forestry Act 1920 .

97.   

The amendments effected by these sections have been incorporated into the authorised version of the Forestry Act 1920 .

98.   

The amendments effected by these sections have been incorporated into the authorised version of the Forestry Act 1920 .

99.   

The amendments effected by these sections have been incorporated into the authorised version of the Forestry Act 1920 .

100.   

The amendments effected by these sections have been incorporated into the authorised version of the Forestry Act 1920 .

101.   

The amendments effected by these sections have been incorporated into the authorised version of the Forestry Act 1920 .

102.   

The amendments effected by these sections have been incorporated into the authorised version of the Forestry Act 1920 .

103.   

The amendments effected by these sections have been incorporated into the authorised version of the Forestry Act 1920 .

104.   

The amendments effected by these sections have been incorporated into the authorised version of the Forestry Act 1920 .

105.   

The amendments effected by these sections have been incorporated into the authorised version of the Forestry Act 1920 .

106.   

The amendments effected by these sections have been incorporated into the authorised version of the Forestry Act 1920 .

107.   

The amendments effected by these sections have been incorporated into the authorised version of the Forestry Act 1920 .

108.   

The amendments effected by these sections have been incorporated into the authorised version of the Forestry Act 1920 .

109.   

The amendments effected by these sections have been incorporated into the authorised version of the Forestry Act 1920 .

110.   

The amendments effected by these sections have been incorporated into the authorised version of the Forestry Act 1920 .

111.   

The amendments effected by these sections have been incorporated into the authorised version of the Forestry Act 1920 .

112.   

The amendments effected by these sections have been incorporated into the authorised version of the Forestry Act 1920 .

113.   

The amendments effected by these sections have been incorporated into the authorised version of the Forestry Act 1920 .

114.   

The amendments effected by these sections have been incorporated into the authorised version of the Forestry Act 1920 .

PART 4 - Amendment of National Parks and Wildlife Act

Division 1 - Preliminary

115.   Interpretation of Part

In this Part, the National Parks and Wildlife Act 1970 is referred to as the National Parks and Wildlife Act.

Division 2 - General Amendments

116.   

The amendments effected by these sections have been incorporated into the authorised version of the National Parks and Wildlife Act 1970 .

117.   

The amendments effected by these sections have been incorporated into the authorised version of the National Parks and Wildlife Act 1970 .

Division 3 - Conservation Covenants

118.   

The amendments effected by this section have been incorporated into the authorised version of the National Parks and Wildlife Act 1970 .

PART 5 - Miscellaneous

Division 1 - Preliminary

119.   Interpretation of Part

In this Part, the Forestry Act 1920 is referred to as the Forestry Act.

Division 2 - Consequential amendments and repeals of other Acts

120.   Commencement of Division

(1)  [Section 120 Subsection (1) amended by No. 25 of 1994, s. 45 and Sched. 3 ]In this section –

agree means agree in accordance with a written agreement made between the parties for the purpose;

Australian Newsprint Mills Limited means the company of that name incorporated under the Corporations Law of Tasmania (Australian Company Number 009 477 132) and having its registered office at Ground Floor, 21 Kirksway Place, Hobart in Tasmania;

Forestry corporation means the Forestry corporation established by section 6 of the Forestry Act ;

North Broken Hill Limited means the company of that name incorporated under the Corporations Law of Victoria (Australian Company Number 004 208 904) and having its registered office at 476 St. Kilda Road, Melbourne in Victoria;

Tasmanian Pulp & Forest Holdings Limited means the company of that name incorporated under the Corporations Law of Tasmania (Australian Company Number 009 488 733) and having its registered office at Triabunna in Tasmania.

(2)  [Section 120 Subsection (2) amended by No. 25 of 1994, s. 45 and Sched. 3 ]A proclamation to commence section 123 , 124 , 125 or 126 is to be made on the recommendation of the Forestry corporation.

(3)  [Section 120 Subsection (3) amended by No. 25 of 1994, s. 45 and Sched. 3 ]The Forestry corporation must not make a recommendation for the purposes of subsection (2) unless –

(a) in the case of sections 123 and 124 – the Forestry corporation and North Broken Hill Limited agree; and

(b) in the case of section 125 – the Forestry corporation and Australian Newsprint Mills Limited agree; and

(c) in the case of section 126 – the Forestry corporation and Tasmanian Pulp & Forest Holdings Limited agree.

121.   Schedule 2 repeal and amendments

(1)  The Act specified in Part 1 of Schedule 2 is repealed.

(2)  See Part 2 of Schedule 2.

122.   Schedule 3 repeal and amendments

(1)  The Act specified in Part 1 of Schedule 3 is repealed.

(2)  See Part 2 of Schedule 3.

[Uncommenced

123.   Schedule 4 amendments

The Acts specified in Schedule 4 are amended as set out in that Schedule.

]

124.   Schedule 5 amendments

(1)  The Act specified in Part 1 of Schedule 5 is amended as set out in that Part.

(2)  Part 2 of Schedule 5 has effect.

125.   

See Schedule 6 .

126.   Schedule 7 repeals

The Acts specified in Schedule 7 are repealed.

Division 3 - Miscellaneous amendments of other Acts

127.   

The amendments effected by these sections have been incorporated into the authorised version of the following Acts:

(a) Boundary Fences Act 1908 ;

(b) Fire Service Act 1979 ;

(c) Forest Practices Act 1985 ;

(d) Mining Act 1929 ;

(e) Wood-pulp and Paper Industry Encouragement Act 1926 .

128.   

The amendments effected by these sections have been incorporated into the authorised version of the following Acts:

(a) Boundary Fences Act 1908 ;

(b) Fire Services Act 1985 ;

(c) Forest Practices Act 1979 ;

(d) Mining Act 1929 ;

(e) Wood-pulp and Paper Industry Encouragement Act 1926 .

129.   

The amendments effected by these sections have been incorporated into the authorised version of the following Acts:

(a) Boundary Fences Act 1908 ;

(b) Fire Services Act 1985 ;

(c) Forest Practices Act 1979 ;

(d) Mining Act 1929 ;

(e) Wood-pulp and Paper Industry Encouragement Act 1926 .

130.   

The amendments effected by these sections have been incorporated into the authorised version of the following Acts:

(a) Boundary Fences Act 1908 ;

(b) Fire Services Act 1985 ;

(c) Forest Practices Act 1979 ;

(d) Mining Act 1929 ;

(e) Wood-pulp and Paper Industry Encouragement Act 1926 .

131.   

The amendments effected by these sections have been incorporated into the authorised version of the following Acts:

(a) Boundary Fences Act 1908 ;

(b) Fire Services Act 1985 ;

(c) Forest Practices Act 1979 ;

(d) Mining Act 1929 ;

(e) Wood-pulp and Paper Industry Encouragement Act 1926 .

Division 4 - Land entered in the Register of Multiple Use Forest Land and Register of Deferred Forest Land

132.   Land entered in Register of Multiple Use Forest Land

(1)  The land that is shown as multiple use forest land on each of the plans specified in the index map set out in Schedule 9 is, by virtue of this section, entered in the Register of Multiple Use Forest Land.

(2)  In subsection (1) , plans means plans registered in the Central Plan Register.

133.   Land entered in Register of Deferred Forest Land

(1)  The land that is shown as deferred forest land on each of the plans specified in the index map set out in Schedule 9 is, by virtue of this section, entered in the Register of Deferred Forest Land.

(2)  In subsection (1) , plans means plans registered in the Central Plan Register.

Division 5 - Savings and transitional

134.   Savings and transitional provisions

(1)  [Section 134 Subsection (1) substituted by No. 25 of 1994, s. 45 and Sched. 3 ]In this section, unless the contrary intention appears –

corporation means the Forestry corporation established under section 6 of the Forestry Act ;

timber reserve has the same meaning as that expression had in the Forestry Act immediately before the commencement of this Act.

(2)  The amendment or repeal of an Act under this Part does not revoke or affect the dedication of any land as State forest under that Act.

(3)  Notwithstanding any other enactment, any Crown land that –

(a) was reserved as a timber reserve under section 18 (1) of the Forestry Act in force immediately before the commencement of this Act; and

(b) is shown as multiple use forest land or deferred forest land on a Central Plan Register plan specified in the index map set out in Schedule 9 –

is, by virtue of this subsection, dedicated as State forest.

(4)  For the avoidance of doubt, any Crown land that –

(a) was reserved as a timber reserve under section 18 (1) of the Forestry Act in force immediately before the commencement of this Act; and

(b) is not included in the land referred to in subsection (3) (b) –

ceases, by virtue of this subsection, to be so reserved.

(4A)  [Section 134 Subsection (4A) inserted by No. 25 of 1994, s. 45 and Sched. 3 ]For the purposes of subsections (3) and (4) , any land that was reserved as a timber reserve under an enactment that was in force at any time before the date of commencement of the Forestry Act is taken to be land that was reserved as a timber reserve under section 18 (1) of the Forestry Act in force immediately before the commencement of this Act.

(5)  For the avoidance of doubt, nothing in this Act affects the validity of a forest management plan in force immediately before the commencement of this Act.

(6)  If, before the commencement of this Act, the Forestry Commission had started to prepare a forest management plan under the provisions of Part IIIA of the Forestry Act , as in force immediately before that commencement, the Minister may consent to that plan being completed and approved in accordance with those provisions as if the Forestry Act had not been amended by this Act.

(7)  Notwithstanding section 14 (2) of the Forestry Act , any Crown land that –

(a) before the commencement of this Act – was leased under section 29 of the Crown Lands Act 1976 ; and

(b) by virtue of this Act – becomes State forest –

is to be administered in accordance with the Crown Lands Act 1976 until the Crown lease in respect of the land expires.

(8)  Notwithstanding section 14 (2) of the Forestry Act , any Crown land that –

(a) before the commencement of this Act – was occupied pursuant to a licence granted under section 42 of the Crown Lands Act 1976 ; and

(b) by virtue of this Act – becomes State forest –

is to be administered in accordance with the Crown Lands Act 1976 until –

(c) such time as the licence expires and is not renewed; or

(d) the expiration of the period of 3 years immediately following the commencement of this Act –

whichever first occurs.

(9)  [Section 134 Subsection (9) amended by No. 25 of 1994, s. 45 and Sched. 3 ]The Governor may, on the recommendation of the Forestry corporation, make regulations of a savings or transitional nature consequent on the enactment of this Act.

(10)  A regulation referred to in subsection (9) may, if the regulation so provides, take effect from the date of commencement of this Act or a later date.

PART 6 - Provisions relating to World Heritage Area and National Parks

135.   Interpretation

[Section 135 Amended by No. 25 of 1994, s. 45 and Sched. 3 ]In this Part –

Douglas-Apsley National Park means the State reserve of that name specified in Schedule 1 to the proclamation made under sections 14 (1) and 15 (1) of the National Parks and Wildlife Act 1970 and notified in the Gazette as Statutory Rules 1989, No. 210 ;

forest reserve has the same meaning as in the Forestry Act ;

forestry right means a private right conferred by or under any of the following Acts:

(a) the Associated Pulp and Paper Mills Act 1936 ;

(b) the Florentine Valley Paper Industry Act 1935 ;

(c) the Forestry Act 1920 ;

(d) the Forestry Act 1954 ;

(e) the Huon Valley Pulp and Paper Industry Act 1959 ;

(f) the National Park and Florentine Valley Act 1950 ;

(g) the Pulpwood Products Industry (Eastern and Central Tasmania) Act 1968 ;

(h) the Wesley Vale Pulp and Paper Industry Act 1961 ;

(i) the Wood-pulp and Paper Industry Encouragement Act 1926 ;

private right has the meaning assigned to that expression by section 22A of the Forestry Act ;

State forest has the same meaning as in the Forestry Act ;

State reserve has the same meaning as in the National Parks and Wildlife Act 1970 ;

timber reserve has the same meaning as that expression had in the Forestry Act immediately before the commencement of this Act;

World Heritage Area means those areas of Crown land shown bounded by a heavy black line, and shaded, on Plan 1872 in the Central Plan Register.

136.   World Heritage Area not to include State forest

(1)  Any land within the World Heritage Area that is State forest ceases, by virtue of this section, to be State forest.

(2)  Subsection (1) does not apply to the 3 areas of State forest that are –

(a) dedicated as forest reserves; and

(b) specified in Part 1 of Schedule 8 .

137.   World Heritage Area not to include timber reserves

Any land within the World Heritage Area that is a timber reserve ceases, by virtue of this section, to be a timber reserve.

138.   Revocation of dedication of State forest

Any land that is within –

(a) the Douglas-Apsley National Park; or

(b) the areas of Crown land specified in Part 2 of Schedule 8 –

and dedicated as State forest ceases, by virtue of this section, to be State forest.

139.   Revocation of dedication of Crown land as State reserve

The dedication of the areas of Crown land specified in Part 3 of Schedule 8 as State reserve under the National Parks and Wildlife Act 1970 is, by virtue of this section, revoked.

140.   Revocation of forestry rights in respect of World Heritage Area, &c.

(1)  In this section infrastructure development means roads, bridges and similar works constructed on the land specified in subsection (2) .

(2)  Any forestry right that is conferred on a person in respect of land that is within –

(a) the World Heritage Area; or

(b) the Douglas-Apsley National Park; or

(c) any of the areas of Crown land specified in Part 2 of Schedule 8 – is revoked.

(3)  A person is not entitled to any compensation as a result of the revocation of a forestry right under subsection (2) .

(4)  Nothing in subsection (3) prohibits the Treasurer, on the recommendation of the Minister, from approving the payment of compensation to a person in respect of any infrastructure development carried out by that person pursuant to the exercise of a forestry right specified in subsection (2) if, in the Treasurer's opinion, it is equitable to do so.

(5)  Any compensation approved under subsection (4) is payable from funds made available for the purpose by Parliament.

PART 7 - Administration of Act

141.   Administration of Act

Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990 –

(a) the administration of this Act, excepting Parts 3 , 4 , 5 and 6 , is assigned to the Minister for Environment and Planning, and the Department responsible to that Minister in relation to the administration of this Act is the Department of Environment and Planning; and

(b) the administration of Parts 3 , 5 and 6 of this Act is assigned to the Minister for Forests, and the Department responsible to that Minister in relation to the administration of those Parts of this Act is the Department of Forestry; and

(c) the administration of Part 4 of this Act is assigned to the Minister for Parks, Wildlife and Heritage, and the Department responsible to that Minister in relation to the administration of that Part of this Act is the Department of Parks, Wildlife and Heritage.

SCHEDULE 1 - Objectives

Section 6

[Schedule 1 Amended by No. 68 of 1993, s. 8 ]

PART 1 - Objectives of the Resource Management and Planning System of Tasmania

1.   The objectives of the resource management and planning system of Tasmania are –

(a) to promote the sustainable management of natural and physical resources and the maintenance of ecological processes and genetic diversity; and

(b) to provide for the fair, orderly and sustainable use and development of air, land and water; and

(c) to encourage public involvement in resource management and planning; and

(d) to facilitate economic development in accordance with the objectives set out in paragraphs (a) , (b) and (c) ; and

(e) to promote the sharing of responsibility for resource management and planning between the different spheres of Government, the community and industry in the State.

2.   In clause 1 (a) , sustainable management means managing the use, development and protection of natural and physical resources in a way, or at a rate, which enables people and communities to provide for their social, economic and cultural well-being and for their health and safety while –

(a) sustaining the potential of natural and physical resources to meet the reasonably foreseeable needs of future generations; and

(b) safeguarding the life-supporting capacity of air, water, soil and ecosystems; and

(c) avoiding, remedying or mitigating any adverse effects of activities on the environment.

PART 2 - Objectives of the Commission

1.   The objectives of the Commission are –

(a) to promote the balanced use of public land based on –

(i) the purpose for which it is best suited in the long term interests of the State; and

(ii) a thorough evaluation of its potential to fulfil social, economic and environmental needs; and

(b) to encourage public involvement in the land use recommending processes; and

(c) to acquire the best information and to encourage its use as a basis for recommendations and decisions on land use; and

(d) to promote the sharing of information and responsibility for land use recommendations.

SCHEDULE 2 - Act Repealed and Acts Amended

Section 121

PART 1 - Act Repealed

Forestry Act 1977 (No. 117 of 1977)

PART 2 - Acts Amended

The amendments effected by this Part have been incorporated in the authorised version of the following Acts:

(a) Forestry Act 1954 ;

(b) Huon Valley Pulp and Paper Industry Act 1959 ;

(c) Pulpwood Products Industry (Eastern and Central Tasmania) Act 1968 .

SCHEDULE 3 - Act Repealed and Act Amended

Section 122

PART 1 - Act Repealed

Forestry Act 1954 (No. 49 of 1954)

PART 2 - Act Amended

The amendments effected by this Part have been incorporated into the authorised version of the Huon Valley Pulp and Paper Industry Act 1959 .

SCHEDULE 4

Section 123

The amendments effected by this Schedule are not reproduced as the Acts to be amended have been repealed and the Schedule has not been proclaimed to commence.

SCHEDULE 5 - Act Amended

Section 124

PART 1 - Act Amended

The amendments effected by this Part have been incorporated into the authorised version of the Wesley Vale Pulp and Paper Industry Act 1961 .

PART 2 - Revocation

A special licence in force under section 4 of the Wesley Valey Pulp and Paper Industry Act 1961 immediately before the commencement of section 124 of this Act is, by virtue of that section, revoked.

SCHEDULE 6 - Act Amended

The amendments effected by Section 125 and this Schedule have been incorporated into the authorised version of the Florentine Valley Paper Industry Act 1935 .

SCHEDULE 7 - Acts Repealed

Section 126

SCHEDULE 8 - Land Specified in Part 4

Sections 136, 138, 139 and 140

PART 1

1.   Drys Bluff Forest Reserve

The area of State forest containing about 680 hectares shown –

(a) bounded partly by a heavy black line and partly by a heavy black broken line; and

(b) named as the Drys Bluff Forest Reserve –

on Plan 1916 in the Central Plan Register.

2.   Meander Forest Reserve

The area of State forest containing about 1 660 hectares shown bounded by a heavy black line, and hatched, on Plan 2132 in the Central Plan Register.

3.   Liffey Forest Reserve

The area of State forest containing about 1 055 hectares shown bounded by a heavy black line, and hatched, on Plan 2133 in the Central Plan Register.

PART 2

1.   Crown land containing about 761 hectares shown –

(a) bounded by a heavy black line, and hatched; and

(b) as Lot 1 –

on Plan 2322 in the Central Plan Register.

2.   Crown land containing about 1 208 hectares shown bounded by a heavy black line, and hatched, on Plan 2311 in the Central Plan Register.

3.   Crown land containing about 0.7 of a hectare shown –

(a) bounded by a heavy black line; and

(b) as Lot 3 –

on Plan 2311 in the Central Plan Register.

PART 3

1.   Crown land containing about 7.9 hectares shown –

(a) bounded by a heavy black line, and hatched; and

(b) as Lot A –

on Plan 1970 in the Central Plan Register.

2.   Crown land containing about 72 hectares shown –

(a) bounded by a heavy black line, and hatched; and

(b) as Lot B –

on Plan 1970 in the Central Plan Register.

3.   Crown land containing about 5.6 hectares shown –

(a) bounded by a heavy black line, and hatched; and

(b) as Lot C –

on Plan 1970 in the Central Plan Register.

SCHEDULE 9 - Index Map of Multiple Use Forest Land and Deferred Forest Land Plans

Sections 132 , 133 and 134