Forest Practices Amendment (Private Timber Reserves) Act 1998

Forest Practices Amendment (Private Timber Reserves) Act 1998

An Act to amend the Forest Practices Act 1985

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:

1.   Short title

This Act may be cited as the Forest Practices Amendment (Private Timber Reserves) Act 1998 .

2.   Commencement

This Act commences on the day on which this Act receives the Royal Assent.

3.   Principal Act

In this Act, the Forest Practices Act 1985 is referred to as the Principal Act.

4.   

The amendments effected by this section have been incorporated into the authorised version of the Forest Practices Act 1985 .

5.   

The amendments effected by this section have been incorporated into the authorised version of the Forest Practices Act 1985 .

6.   Validation

(1)  In this section –

commencement day means the day on which this Act commences;

planning scheme means –

(a) in respect of the period that commenced on 2 November 1987 and ended at midnight on 31 December 1993, a planning scheme or interim order under Part XVIII of the Local Government Act 1962; and

(b) on and after 1 January 1994, a planning scheme or special planning order within the meaning or for the purposes of the Land Use Planning and Approvals Act 1993 .

(2)  Where before the commencement day –

(a) an application to have any land declared as a private timber reserve was granted under the Principal Act; and

(b) the land was subsequently declared as a private timber reserve under the Principal Act; and

(c) at the time the application was granted there was a requirement under a planning scheme for the owner of the land to obtain a permit or other form of approval from a municipal council in order to establish forests or grow or harvest timber on the land but that requirement had not been met –

then –

(d) that requirement is not to be taken to have ever been a statutory prohibition on the owner of the land establishing forests, or growing or harvesting timber, on the land for the purposes of section 8(2)(d) of the Principal Act; and

(e) the application for the declaration is not to be taken to have been invalidly made or invalidly granted by reason only that that requirement was not met; and

(f) the declaration by which the land was declared as a private timber reserve is not to be taken to be invalid by reason only that that requirement was not met.