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Forest Practices Amendment Act 1999
An Act to amend the Forest Practices Act 1985 and certain other Acts
[Royal Assent 14 May 1999]
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 Practices Amendment Act 1999 .
This Act commences on a day to be proclaimed.
In this Act, the Forest Practices Act 1985 is referred to as the Principal Act.The amendments effected by this section have been incorporated into the authorised version of the Forest Practices Act 1985 .The amendment effected by this section has been incorporated into the authorised version of the Forest Practices Act 1985 .The amendments effected by this section have been incorporated into the authorised version of the Forest Practices Act 1985 .The amendments effected by this section have been incorporated into the authorised version of the Forest Practices Act 1985 .The amendment effected by this section has been incorporated into the authorised version of the Forest Practices Act 1985 .The amendments effected by this section have been incorporated into the authorised version of the Forest Practices Act 1985 .The amendment effected by this section has been incorporated into the authorised version of the Forest Practices Act 1985 .The amendment effected by this section has been incorporated into the authorised version of the Forest Practices Act 1985 .The amendment effected by this section has been incorporated into the authorised version of the Forest Practices Act 1985 .The amendment effected by this section has been incorporated into the authorised version of the Forest Practices Act 1985 .The amendment effected by this section has been incorporated into the authorised version of the Forest Practices Act 1985 .The amendment effected by this section has been incorporated into the authorised version of the Forest Practices Act 1985 .The amendments effected by this section have been incorporated into the authorised version of the Forest Practices Act 1985 .The amendment effected by this section has been incorporated into the authorised version of the Forest Practices Act 1985 .The amendments effected by this section have been incorporated into the authorised version of the Forest Practices Act 1985 .The amendment effected by this section has been incorporated into the authorised version of the Forest Practices Act 1985 .The amendments effected by this section have been incorporated into the authorised version of the Forest Practices Act 1985 .The amendments effected by this section have been incorporated into the authorised version of the Forest Practices Act 1985 .The amendments effected by this section have been incorporated into the authorised version of the Forest Practices Act 1985 .The amendment effected by this section has been incorporated into the authorised version of the Forest Practices Act 1985 .The amendments effected by this section have been incorporated into the authorised version of the Forest Practices Act 1985 .The amendments effected by this section have been incorporated into the authorised version of the Forest Practices Act 1985 .The amendment effected by this section has been incorporated into the authorised version of the Forest Practices Act 1985 .The amendments effected by this section have been incorporated into the authorised version of the Forest Practices Act 1985 .The amendments effected by this section have been incorporated into the authorised version of the Forest Practices Act 1985 .The amendment effected by this section has been incorporated into the authorised version of the Forest Practices Act 1985 .The amendment effected by this section has been incorporated into the authorised version of the Forest Practices Act 1985 .The amendments effected by this section have been incorporated into the authorised version of the Forest Practices Act 1985 .The amendment effected by this section has been incorporated into the authorised version of the Forest Practices Act 1985 .The amendment effected by this section has been incorporated into the authorised version of the Forest Practices Act 1985 .The amendment effected by this section has been incorporated into the authorised version of the Forest Practices Act 1985 .The amendment effected by this section has been incorporated into the authorised version of the Forest Practices Act 1985 .The amendments effected by this section have been incorporated into the authorised version of the Forest Practices Act 1985 .The amendment effected by this section has been incorporated into the authorised version of the Forest Practices Act 1985 .The amendments effected by this section have been incorporated into the authorised version of the Forest Practices Act 1985 .The amendment effected by this section has been incorporated into the authorised version of the Forest Practices Act 1985 .The amendment effected by this section has been incorporated into the authorised version of the Forest Practices Act 1985 .See Schedule 2 .See Schedule 3 .See Schedule 4 .See Schedule 5 .The amendments effected by this section have been incorporated into authorised versions of the following Acts:
The amendments effected by this section have been incorporated into authorised versions of the following Acts:(a) Forest Practices Act 1985 ;(b) National Parks and Wildlife Act 1970 .
The amendments effected by this section has been incorporated into authorised versions of the following Acts:(a) Forest Practices Act 1985 ;(b) National Parks and Wildlife Act 1970 .
The amendments effected by this section has been incorporated into authorised versions of the following Acts:(a) Forest Practices Act 1985 ;(b) Forestry Act 1920 .
(a) Forest Practices Act 1985 ;(b) Forestry Act 1920 .
49. Savings and transitional provisions
The savings and transitional provisions set out in Schedule 1 have effect.
SCHEDULE 1 - Savings and transitional provisions
1. InterpretationIn this Schedule –Amendment Act means the Forest Practices Amendment Act 1999 ;commencement day means the day on which the Amendment Act commences;Former Act means the Forest Practices Act 1985 as in force immediately before the commencement day;Former Board means the Forest Practices Board as constituted, as a division of the Forestry corporation, immediately before the commencement day;former employee means a person who, immediately before the commencement day, was an employee of the Forestry corporation;New Act means the Forest Practices Act 1985 as amended by the Amendment Act;New Board means the Forest Practices Board as constituted under the New Act;State Service employee means an employee within the meaning of the Tasmanian State Service Act 1984 ;transferred employee means a former employee who becomes a State Service employee for the purposes of the New Act by the operation of clause 10 of this Schedule.
2. Continuation of appointments, &c.(1) Notwithstanding the amendment of the Former Act by the Amendment Act –(a) all persons, things or circumstances appointed, authorised, approved or created by or under the Former Act and existing or continuing under the Former Act immediately before the commencement day continue, under and subject to the New Act, to have the same status, operation and effect as they respectively had under the Former Act; and(b) all determinations, decisions, declarations and directions of the Former Board, the Tribunal or a forest practices officer made or given under the Former Act and in force immediately before the commencement day continue, under and subject to the New Act, to have the same force and effect as they respectively had under the Former Act.(2) Without limiting the generality of subclause (1) –(a) any land that had the status of a private timber reserve under the Former Act immediately before the commencement day continues to have that status under and subject to the New Act; and(b) an approved timber harvesting plan in force under the Former Act immediately before the commencement day continues in force as a certified forest practices plan under and subject to the New Act; and(c) the Forest Practices Code in force under Part IV of the Former Act immediately before the commencement day continues in force as the Forest Practices Code under and subject to the New Act; and(d) a person who, immediately before the commencement day, was authorised to be a forest practices officer under the Former Act continues to be authorised as a forest practices officer under and subject to the New Act; and(e) if, before the commencement day, the Tribunal had directed the Former Board to take an action pursuant to an appeal made to the Tribunal under the Former Act and the Former Board had not taken that action before the commencement day, the New Board must comply with that direction as if it were a direction given by the Tribunal to the New Board under the New Act.
3. Saving of acts, &c.(1) Except as provided by clause 2 , all acts, matters and things done or omitted by, or done or suffered in relation to, the Former Board, the Tribunal or a forest practices officer under the Former Act have the same force and effect on and after the commencement day as if they had been done or omitted by, or done or suffered in relation to, the New Board, the Tribunal or a forest practices officer, as the case requires, under the New Act.(2) Without limiting the generality of subclause (1) –(a) an application made under section 5(1) , 14(1) , 18(1) or 23(1) of the Former Act and not determined by the Former Board before the commencement day is an application under the same section of the New Act; and(b) an objection made under section 7(1) of the Former Act and not considered by the Former Board before the commencement day is an objection under the same section of the New Act; and(c) any representations submitted under section 7(3) of the Former Act and not considered by the Former Board before the commencement day are representations under the same section of the New Act; and(d) an appeal made under section 9(1) , (2) , 13(2) , 14(7) , 25(1) , 29(1) or 42(1) of the Former Act and not determined by the Tribunal before the commencement day is an appeal pending before the Tribunal under the same section of the New Act; and(e) a conference arranged by the Former Board under section 28(1) of the Former Act and not concluded before the commencement day is a conference under the same section of the New Act.
4. Preservation of entitlements(1) For the purposes of clause 3(2)(a) in its application to an application under section 5(1) of the Former Act –(a) a person who, immediately before the commencement day, was entitled to lodge an objection with the Former Board under section 7(1) of the Former Act in respect of that application is entitled to lodge that objection with the New Board under the same section of the New Act; and(b) a person who, immediately before the commencement day, was entitled to submit representations to the Former Board under section 7(3) of the Former Act in respect of an objection may submit those representations to the New Board under the same section of the New Act.(2) A person who, immediately before the commencement day, was entitled to appeal to the Tribunal in respect of a matter under the Former Act is entitled to appeal to the Tribunal in respect of that matter under the New Act.(3) A person who, immediately before the commencement day, was entitled to compensation under section 16 of the Former Act has, if that compensation had not been paid before that day, the same entitlement to compensation under the same section of the New Act.(4) A person who, immediately before the commencement day, was entitled under the Former Act to inspect any document or plan at the office of the Forestry corporation is, subject to and in accordance with the New Act, entitled to inspect that document or plan at the office of the New Board.
5. Prosecutions(1) Any proceedings that were instituted against a person before the commencement day in respect of an offence against the Former Act may, if not concluded by that day, be continued as if the Former Act had not been amended by the Amendment Act.(2) Any proceedings that could have been instituted against a person before the commencement day in respect of an offence against the Former Act may be instituted as if the Former Act had not been amended by the Amendment Act.
6. Civil proceedingsOn and after the commencement day –(a) civil proceedings pending immediately before that day which were instituted by the Forestry corporation under the Former Act are taken to be civil proceedings pending on that day which were instituted by the New Board under the New Act; and(b) civil proceedings pending immediately before that day which were instituted by any person against the Forestry corporation under the Former Act are taken to be civil proceedings pending on that day which were instituted by that person against the New Board; and(c) civil proceedings which could have been instituted by the Forestry corporation to enforce an obligation that was required to be performed or a right that had accrued before that day under the Former Act may be instituted by the New Board under the New Act; and(d) civil proceedings which could have been instituted by a person against the Forestry corporation to enforce an obligation that was required to be performed or a right that had accrued before that day under the Former Act may be instituted by that person against the New Board under the New Act.
7. Judgments and ordersOn and after the commencement day –(a) any judgment or order of a court obtained by the Forestry corporation under the Former Act and not executed before that day is taken to be a judgment or order in favour of the New Board under the New Act; and(b) any judgment or order of a court obtained by a person against the Forestry corporation and not executed or satisfied before that day is taken to be a judgment or order against the New Board under the New Act.
8. Transfer of debts, &c.On and after the commencement day –(a) all money, debts and claims, liquidated or unliquidated, that, immediately before that day, were payable to, due to or recoverable by the Forestry corporation under the Former Act are taken to be money, debts or claims payable to, due to or recoverable by the New Board under the New Act; and(b) all money, debts and claims, liquidated or unliquidated, that, immediately before that day, were payable by, due from or recoverable against the Forestry corporation under the Former Act are taken to be money, debts or claims payable by, due from or recoverable against the New Board under the New Act; and(c) the New Board may enforce and realise any security existing immediately before that day in favour of the Forestry corporation under the Former Act as if the security were a security in favour of the New Board.
9. Service of noticesExcept as may be otherwise required for the purposes of any transitional proceedings or other transitional matters referred to in this Schedule, on and after the commencement day –(a) a document which was addressed to and which was purported to have been served on or notified to the Forestry corporation or the Former Board for the purposes of the Former Act and which, whether by virtue of this Act or otherwise, had not ceased to have effect immediately before that day is taken to have been served on or notified to the New Board; and(b) any document which was addressed to and which was purported to have been served on or notified to a person by or on behalf of the Forestry corporation or the Former Board for the purposes of the Former Act and which, whether by virtue of this Act or otherwise, had not ceased to have effect immediately before that day is taken to have been served on or notified to that person by the New Board.
10. Staff(1) On or before the commencement day, the Minister must specify, by notice published in the Gazette, which former employees are to become State Service employees for the purposes of the New Act.(2) On the commencement day, the former employees specified by the Minister under subclause (1) cease to be employees of the Forestry corporation and become State Service employees.(3) On the commencement day, a transferred employee –(a) is taken to have been employed under the Tasmanian State Service Act 1984 under the same terms and conditions as he or she was employed under immediately before that day; and(b) except where an award, agreement or any other law provides otherwise, retains all existing and accruing rights relating to leave as if service as an employee under the Tasmanian State Service Act 1984 were a continuation of his or her service with the Forestry corporation.
11. Chief forest practices officer(1) The person who was the chief forest practices officer under the Former Act immediately before the commencement day is to be appointed under section 4J (1) of the New Act as the first chief forest practices officer under the New Act.(2) The person referred to in subclause (1) is –(a) to be appointed as chief forest practices officer under the New Act for at least the same remuneration as applied to that person's appointment as chief forest practices officer under the Former Act; and(b) when appointed under the New Act, taken to have retained all existing and accruing rights relating to leave that the person had acquired immediately before that day as chief forest practices officer, as if his appointment under the New Act were a continuation of his appointment under the Former Act.
12. Agreement on financial matters(1) On or after the commencement day, the Minister, the Treasurer and the Minister administering the Forestry Act 1920 , after seeking advice from the Forestry corporation and the Retirement Benefits Fund Board and any other Minister or person or body, may enter into an agreement in relation to –(a) the superannuation liabilities of the Forestry corporation and the State in relation to transferred employees and the chief forest practices officer; and(b) the liabilities of the Forestry corporation and the State in relation to accrued leave entitlements of transferred employees and the chief forest practices officer; and(c) any other matter affecting any assets or liabilities of the Crown or the Forestry corporation that the Treasurer and Minister consider to be of a savings or transitional nature or to have arisen as a consequence of this Act.(2) In exercising power under subclause (1) , the Minister, the Treasurer and the Minister administering the Forestry Act 1920 must have regard to the principle that transferred employees, and the person appointed as chief forest practices officer pursuant to clause 11 , should not be disadvantaged as a consequence of the enactment of this Act.(3) An agreement referred to in subclause (1) is binding on the Forestry corporation.
13. Savings and transitional regulations(1) On and after the commencement day, the Governor may make regulations for the purposes of this Act.(2) Without limiting the generality of subclause (1) , the Governor may make regulations under that subclause that –(a) give effect to an agreement referred to in clause 12 ; or(b) contain provisions of a savings or transitional nature consequent on the enactment of this Act.(3) A regulation referred to in subclause (2)(b) may take effect on and from the commencement day or a later day.
SCHEDULE 2The amendments effected by Section 41 and this Schedule have been incorporated into the authorised version of the Forest Practices Act 1985 .
SCHEDULE 3The amendments effected by Section 42 and this Schedule have been incorporated into the authorised version of the Forest Practices Act 1985 .
SCHEDULE 4The amendments effected by Section 43 and this Schedule have been incorporated into the authorised version of the Forest Practices Act 1985 .
SCHEDULE 5The amendments effected by Section 44 and this Schedule have been incorporated into the authorised version of the Forest Practices Act 1985 .