Forest Practices Amendment Act 2003

Forest Practices Amendment Act 2003

An Act to amend the Forest Practices Act 1985 and to remove doubts as to the validity of certain decisions taken under that Act

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 Act 2003 .

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 amendment effected by this section has 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 –

Board means the Forest Practices Board established under section 4AA of the Principal Act;

doubts removal period means the period commencing on 30 June 1999 (the day on which the Forest Practices (Private Timber Reserves Validation) Act 1999 commenced) and ending on the commencement of this Act;

planning restriction means –

(a) a requirement or prohibition contained in a planning scheme or special planning order under the Land Use Planning and Approvals Act 1993 ; or

(b) a statutory provision that purports to enforce the observance of a requirement or prohibition referred to in paragraph (a) .

(2)  A declaration made or purportedly made under section 11 of the Principal Act during the doubts removal period is not to be taken as being invalid by reason only that the application for the declaration was granted by the Board contrary to a planning restriction that, at the relevant time, constituted or may have constituted a prohibition for the purposes of section 8(2)(d) of the Principal Act in relation to that application.

(3)  If, during the doubts removal period, an application under section 5 of the Principal Act was granted by the Board but, by the end of that period, a declaration had not been made under section 11 of the Principal Act consequent on that application, the Board's decision to grant the application is not to be taken as being invalid by reason only that it was taken contrary to a planning restriction that, at the relevant time, constituted or may have constituted a prohibition for the purposes of section 8(2)(d) of the Principal Act in relation to that application.

(4)  This section has effect subject to any order of a court or tribunal made during the doubts removal period.