Forest Practices Act 1985

Forest Practices Act 1985

An Act to ensure that all forest practices are conducted in accordance with the Forest Practices Code, to provide for the issue of that Code, to provide for the creation of private timber reserves, to provide for the constitution of the Forest Practices Tribunal, and to provide for incidental and consequential matters

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 I - Preliminary

1.   Short title

This Act may be cited as the Forest Practices Act 1985 .

2.   Commencement

(1)  Parts I and IV shall commence on the day on which this Act receives the Royal Assent.

(2)  Except as provided in subsection (1) , this Act shall commence on such day as may be fixed by proclamation.

3.   Interpretation

(1)  [Section 3 Subsection (1) amended by No. 5 of 1990, s. 3 and Sched. 1 ][Section 3 Subsection (1) amended by No. 42 of 1991, s. 129 ][Section 3 Subsection (1) amended by No. 29 of 1994, s. 4 ]In this Act, unless the contrary intention appears –[Section 3 Subsection (1) amended by No. 23 of 1999, s. 4, Applied:01 Jul 1999]

[Section 3 Subsection (1) amended by No. 23 of 1999, s. 4, Applied:01 Jul 1999] Board means the Forest Practices Board established under section 4AA ;

[Section 3 Subsection (1) amended by No. 23 of 1999, s. 4, Applied:01 Jul 1999] certified forest practices plan means a forest practices plan certified by the Board and in force under this Act and includes a forest practices plan varied in accordance with Part III ;

chief chairman means the chief chairman of the Tribunal;

[Section 3 Subsection (1) amended by No. 23 of 1999, s. 4, Applied:01 Jul 1999] chief forest practices officer means the chief forest practices officer appointed under section 4J ;

[Section 3 Subsection (1) amended by No. 110 of 2001, s. 4, Applied:01 Jan 2002] clearing of trees means the removal of trees by –

(a) clearing, cutting, pushing or otherwise removing; or

(b) destroying the trees in any way;

Council means the Forest Practices Advisory Council established under section 37A ;

deputy chief chairman means the deputy chief chairman of the Tribunal;

division means a division of the Tribunal;

financial year means the period of 12 months ending on 30 June in any year;

[Section 3 Subsection (1) amended by No. 110 of 2001, s. 4, Applied:01 Jan 2002] forest means an area containing trees;

[Section 3 Subsection (1) amended by No. 23 of 1999, s. 4, Applied:01 Jul 1999] [Section 3 Subsection (1) amended by No. 110 of 2001, s. 4, Applied:01 Jan 2002] forest practices means the processes involved in establishing forests, the clearing of trees, or growing or harvesting timber, and includes –

(a) the construction of roads; and

(b) the development and operation of quarries; and

(c) other works –

connected with establishing forests, the clearing of trees or growing or harvesting timber;

Forest Practices Code means the Forest Practices Code issued by the Board pursuant to section 30 and in force under this Act and includes any amendments that may from time to time be made to that Code;

[Section 3 Subsection (1) amended by No. 23 of 1999, s. 4, Applied:01 Jul 1999] forest practices officer means a forest practices officer referred to in section 39 ;

[Section 3 Subsection (1) amended by No. 23 of 1999, s. 4, Applied:01 Jul 1999] forest practices plan means a plan referred to in section 18 ;

Forestry corporation means the corporation of that name established under section 6 of the Forestry Act 1920 ;

forestry right has the same meaning as in Part IIIA of the Forestry Act 1920 ;

harvest, used in relation to timber, means to cut and remove that timber from a forest;

owner of land means –

(aa) [Section 3 Subsection (1) amended by No. 23 of 1999, s. 4, Applied:01 Jul 1999] in the case of Crown land that is State forest within the meaning of the Forestry Act 1920  – the Forestry corporation;

(a) [Section 3 Subsection (1) amended by No. 23 of 1999, s. 4, Applied:01 Jul 1999] in the case of land held in fee simple – the person in whom the estate of fee simple is vested or, if the land is general law land subject to mortgage, the person having the equity of redemption in that land;

(b) in the case of land held under a tenancy for life – the person who is the life tenant;

(c) in the case of land held under a lease for a term of not less than 99 years – the person who is the lessee of the land; or

(d) in the case of land held under any other interest declared by the regulations to be an interest for the purposes of this definition – the person who is the holder of the land under that interest;

Private Forests Tasmania means the body of that name established under section 4 of the Private Forests Act 1994 ;

private timber reserve means land that has been declared as a private timber reserve under section 11 ;

process, used in relation to timber, means to pulp, chip, cut, or saw timber;

registrar means the registrar of the Registry of the Forest Practices Tribunal;

the regulations means the regulations made and in force under this Act;

[Section 3 Subsection (1) amended by No. 110 of 2001, s. 4, Applied:01 Jan 2002]

[Section 3 Subsection (1) amended by No. 110 of 2001, s. 4, Applied:01 Jan 2002] timber includes the trunk, branch and any other part of a tree or fallen tree, whether or not it is cut up, sawn, hewn, split or otherwise dealt with;

[Section 3 Subsection (1) amended by No. 23 of 1999, s. 4, Applied:01 Jul 1999]

timber processor means a person who processes or harvests timber for the purpose of –

(a) producing logs for export; or

(b) producing for sale any one or more of the following products:

(i) fuel wood;

(ii) poles, piles or posts;

(iii) timber;

(iv) veneer;

(v) wood chips;

(vi) wood pulp;

(vii) [Section 3 Subsection (1) amended by No. 113 of 2001, s. 4, Applied:01 Jan 2002] tree ferns;

[Section 3 Subsection (1) amended by No. 110 of 2001, s. 4, Applied:01 Jan 2002]

[Section 3 Subsection (1) amended by No. 110 of 2001, s. 4, Applied:01 Jan 2002] tree fern means a plant of the species Dicksonia antarctica;

[Section 3 Subsection (1) amended by No. 110 of 2001, s. 4, Applied:01 Jan 2002] trees means –

(a) any woody plants with a height or potential height of 5 metres or more, whether or not living, dead, standing or fallen, that are –

(i) native to Tasmania; or

(ii) introduced into Tasmania and used for the processing or harvesting of timber; and

(b) tree ferns;

Tribunal means the Forest Practices Tribunal established under section 34 .

(2)  [Section 3 Subsection (2) amended by No. 23 of 1999, Sched. 5, Applied:01 Jul 1999] A reference in this Act to provisions, in relation to a forest practices plan, includes a reference to any condition, restriction, or specification contained or referred to in that plan.

4.   Act binds the Crown

This Act binds the Crown not only in right of this State but also, so far as the legislative power of Parliament permits, binds the Crown in all of its other capacities.

PART 1A - Forest Practices Board

[Sections 4A - 4H Inserted by No. 29 of 1994, s. 5 ]

4AA.   Establishment of Board

[Section 4AA Inserted by No. 23 of 1999, s. 5, Applied:01 Jul 1999]

(1)  The Forest Practices Board is established.

(2)  The Board  –

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

(b) has a seal; and

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

4A.   Membership of Board

[Section 4A Inserted by No. 29 of 1994, s. 5 ]

(1)  [Section 4A Subsection (1) amended by No. 37 of 1996, s. 3 and Sched. 1 ]The Board consists of –

(a) [Section 4A Subsection (1) amended by No. 23 of 1999, s. 6, Applied:01 Jul 1999] the Secretary of the responsible Department in relation to the Environmental Management and Pollution Control Act 1994 ; and

(b) the director of Private Forests Tasmania referred to in section 8 (1) (c) of the Private Forests Act 1994 ; and

(c) [Section 4A Subsection (1) amended by No. 23 of 1999, s. 6, Applied:01 Jul 1999] one of the directors of the Forestry corporation referred to in section 12E (1) (b) of the Forestry Act 1920 ; and

(d) [Section 4A Subsection (1) amended by No. 23 of 1999, s. 6, Applied:01 Jul 1999] a person having expertise and knowledge of local government, who is a representative of a municipal area in which forestry is a major land use; and

(e) [Section 4A Subsection (1) amended by No. 23 of 1999, s. 6, Applied:01 Jul 1999] a person having expertise in the harvesting and processing of timber.

(1A)  [Section 4A Subsection (1A) inserted by No. 23 of 1999, s. 6, Applied:01 Jul 1999] The member referred to in subsection (1)(d) is appointed by the Minister on the nomination of the Local Government Association of Tasmania.

(1B)  [Section 4A Subsection (1B) inserted by No. 23 of 1999, s. 6, Applied:01 Jul 1999] The member referred to in subsection (1)(e) is appointed by the Minister from among the following nominees:

(a) the nominee of the Forest Industries Association of Tasmania;

(b) the nominee of the Tasmanian Country Sawmillers Federation;

(c) the nominee of the Tasmanian Logging Association;

(d) the nominee of the Tasmanian Trades and Labor Council.

(1C)  [Section 4A Subsection (1C) inserted by No. 23 of 1999, s. 6, Applied:01 Jul 1999] The Minister may request a body referred to in subsection (1A) or (1B) to submit a nomination within a specified period, being a period of not less than 40 days.

(1D)  [Section 4A Subsection (1D) inserted by No. 23 of 1999, s. 6, Applied:01 Jul 1999] If a body that has been requested to submit a nomination to the Minister fails to do so, the Minister may, as the case requires, make an appointment under paragraph (d) or (e) of subsection (1) without further reference to that body.

(1E)  [Section 4A Subsection (1E) inserted by No. 23 of 1999, s. 6, Applied:01 Jul 1999] If a body referred to in subsection (1A) or (1B) changes its name, the Governor may, by order, amend the relevant subsection by substituting the body's new name.

(1F)  [Section 4A Subsection (1F) inserted by No. 23 of 1999, s. 6, Applied:01 Jul 1999] If a body referred to in subsection (1A) or (1B) ceases to exist, the Governor may, by order made on the recommendation of the Board, amend the relevant subsection by substituting the name of a body that substantially represents the interests that were previously represented by the body that has ceased to exist.

(2)  The members of the Board are to elect one of their number having expertise in forestry land management as chairperson of the Board.

(3)  Schedule 3 has effect with respect to membership of the Board.

(4)  Schedule 4 has effect with respect to meetings of the Board.

4B.   Objective of Board

[Section 4B Inserted by No. 29 of 1994, s. 5 ]

(1)  The Board is part of the State's forest practices system, the objective of which is set out in Schedule 7 .

(2)  The Board is to act in all matters in a manner that –

(a) best advances the objective of the State's forest practices system; and

(b) fosters a co-operative approach towards policy development and management in forest practices matters.

4C.   Functions of Board

[Section 4C Inserted by No. 29 of 1994, s. 5 ]The Board has the following functions:

(a) to advise the Minister on forest practices policy in respect of both Crown land and private land;

(b) to regularly advise and inform the Minister on its work and activities under this Act;

(c) to advise the Minister on the operation and review of this Act;

(d) to issue and maintain the Forest Practices Code;

(e) [Section 4C Amended by No. 23 of 1999, s. 7, Applied:01 Jul 1999] to oversee standards for forest practices plans;

(f) to oversee the administration of private timber reserves by Private Forests Tasmania;

(fa) [Section 4C Amended by No. 23 of 1999, s. 7, Applied:01 Jul 1999] [Section 4C Amended by No. 110 of 2001, s. 5, Applied:01 Jan 2002] to monitor and report to the Minister on harvesting, the clearing of trees and reafforestation activity in relation to the maintenance of a permanent forest estate;

(g) to oversee the training of forest practices officers;

(h) [Section 4C Amended by No. 23 of 1999, s. 7, Applied:01 Jul 1999] to make a recommendation on the appointment of the chief forest practices officer and to appoint forest practices officers;

(i) [Section 4C Amended by No. 23 of 1999, s. 7, Applied:01 Jul 1999] to perform such other functions as are imposed on it by or under this or any other Act;

(j) [Section 4C Amended by No. 23 of 1999, s. 7, Applied:01 Jul 1999] to perform any prescribed functions.

4D.   Powers of Board

[Section 4D Inserted by No. 29 of 1994, s. 5 ][Section 4D Substituted by No. 23 of 1999, s. 8, Applied:01 Jul 1999] The Board has the following powers:

(a) to enter into contracts;

(b) to appoint agents, attorneys and consultants;

(c) to act as a consultant or agent;

(d) to set charges and conditions relating to the performance and exercise of its functions and powers;

(e) to make a recommendation on the appointment of the chief forest practices officer and to appoint forest practices officers;

(f) to mediate between parties in respect of three-year plans;

(g) to do all other things that it is authorised to do under this or any other Act;

(h) to do all things necessary or convenient to be done in connection with the performance and exercise of its functions and powers.

4E.   Annual assessment of forest practices system

[Section 4E Inserted by No. 29 of 1994, s. 5 ]

(1)  The Board must, at least once in each financial year –

(a) assess the degree to which the forest practices system is self-funding and self-regulating; and

(b) [Section 4E Subsection (1) amended by No. 23 of 1999, s. 9, Applied:01 Jul 1999] assess the implementation and effectiveness of a representative sample of forest practices plans.

(2)  The Board must, as soon as practicable after completing the assessment, prepare a report of its findings.

(3)  [Section 4E Subsection (3) substituted by No. 23 of 1999, s. 9, Applied:01 Jul 1999] The report prepared under subsection (2) in respect of a financial year is to be included in the annual report of the Board for the same financial year.

4F.   

[Section 4F Inserted by No. 29 of 1994, s. 5 ][Section 4F Repealed by No. 23 of 1999, s. 10, Applied:01 Jul 1999] .  .  .  .  .  .  .  .  

4G.   Enforcement of Act and Forest Practices Code

[Section 4G Inserted by No. 29 of 1994, s. 5 ]The Board must –

(a) monitor the degree of compliance with this Act and the Forest Practices Code; and

(b) through the chief forest practices officer and other persons whom it authorizes for the purpose – cause complaints to be made in respect of offences under this Act.

4H.   Committees

[Section 4H Inserted by No. 29 of 1994, s. 5 ]The Board may establish committees of its members for the purpose of advising it on any matter related to its functions or powers.

4J.   Chief forest practices officer

[Section 4J Inserted by No. 23 of 1999, s. 11, Applied:01 Jul 1999]

(1)  [Section 4J Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] The Minister, on the recommendation of the Board, is to appoint a State Service officer or State Service employee to be chief forest practices officer and that officer or employee holds that office in conjunction with State Service employment.

(2)  A person appointed as chief forest practices officer must have –

(a) extensive expertise in forestry; and

(b) extensive experience in forest operations; and

(c) knowledge of the sustainable management of forests; and

(d) management skills.

(3)  If a person who is appointed as chief forest practices officer was not a forest practices officer immediately before that appointment, he or she is, by virtue of that appointment and without further authorisation than this subsection, a forest practices officer for the purposes of this Act.

(4)  The Board may recommend to the Minister that the appointment of a person as chief forest practices officer should be terminated if the Board is reasonably of the opinion that the person –

(a) is not discharging the duties of that office efficiently or in the best interests of the State; or

(b) is, except by reason of temporary illness, unfit to discharge or incapable of discharging the duties of the office.

(5)  Subsection (4) does not limit or affect a power to terminate the appointment of a person as chief forest practices officer that is contained in any other enactment or in any contract of service relating to that office.

4K.   Role of chief forest practices officer

[Section 4K Inserted by No. 23 of 1999, s. 11, Applied:01 Jul 1999] The chief forest practices officer –

(a) is responsible for overseeing the day-to-day administration of forest practices; and

(b) must perform any functions, and may exercise any powers, delegated to the chief forest practices officer by the Board; and

(c) must perform any other functions imposed on, and may exercise any other powers granted to, the chief forest practices officer by this or any other Act.

4L.   Staff

[Section 4L Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 4L Inserted by No. 23 of 1999, s. 11, Applied:01 Jul 1999] Subject to and in accordance with the State Service Act 2000 , persons may be appointed or employed for the purposes of enabling the Board to perform its functions or exercise its powers.

PART 1B - Finances of Board

4M.   Funds of Board

[Section 4M Inserted by No. 23 of 1999, s. 12, Applied:01 Jul 1999] The funds of the Board consist of –

(a) all money received by it in the course of performing its functions or exercising its powers; and

(b) all money received by it as interest on amounts deposited with financial institutions or as profit in respect of investments; and

(c) any money appropriated by Parliament for the purposes of the Board; and

(d) any money received by the Board from any other source.

4N.   Authorised deposit-taking institution accounts

[Section 4N Inserted by No. 23 of 1999, s. 12, Applied:01 Jul 1999] [Section 4N Substituted by No. 74 of 1999, Sched. 2, Applied:01 Jan 2000] The Board may open and maintain such authorised deposit-taking institution accounts as it considers necessary.

4P.   Investment

[Section 4P Inserted by No. 23 of 1999, s. 12, Applied:01 Jul 1999] Subject to section 16 of the Tasmanian Public Finance Corporation Act 1985 , the Board may invest any funds held by it and any interest accumulated in respect of those funds in any manner which is consistent with sound commercial practice.

4Q.   Reserves

[Section 4Q Inserted by No. 23 of 1999, s. 12, Applied:01 Jul 1999] The Board may establish and maintain reserves.

4R.   Borrowing from Treasurer

[Section 4R Inserted by No. 23 of 1999, s. 12, Applied:01 Jul 1999]

(1)  The Treasurer may lend to the Board, out of money provided by Parliament for the purpose, such money as the Treasurer considers appropriate.

(2)  A loan is subject to conditions determined by the Treasurer.

(3)  An amount lent under subsection (1) , and any interest or other charge payable in respect of the loan, is a debt repayable by the Board into the Consolidated Fund.

4S.   Borrowing from person other than Treasurer

[Section 4S Inserted by No. 23 of 1999, s. 12, Applied:01 Jul 1999]

(1)  The Board may borrow money from a person or body other than the Treasurer for the purposes of performing its functions and achieving its objectives.

(2)  The total of all amounts of money borrowed under this section during a financial year must not exceed the maximum amount determined by the Treasurer, in writing, in respect of that financial year.

(3)  The Board may use all or part of its assets as security for money borrowed by it under subsection (1) and any interest or charges payable in respect of that borrowing.

(4)  If requested to do so by the Board, the Treasurer may guarantee the payment or repayment to a person or body from which the Board borrows money under subsection (1) of any or all of the following:

(a) the amount borrowed;

(b) any interest payable in respect of the amount borrowed;

(c) any charges relating to the borrowing;

(d) any expenses of that person or body incurred in relation to the borrowing and which are payable by the Board.

(5)  A guarantee is subject to the conditions determined by the Treasurer.

(6)  A payment or repayment which is required under a guarantee is payable out of the Consolidated Fund without further appropriation than this section.

(7)  If the Treasurer makes any payment or repayment under a guarantee, an amount equal to the amount so paid or repaid, and any interest payable by the Board in accordance with the conditions to which the guarantee is subject, is a debt repayable by the Board into the Consolidated Fund on the conditions and in the manner determined by the Treasurer.

4T.   Effect of Financial Agreement Act 1994

[Section 4T Inserted by No. 23 of 1999, s. 12, Applied:01 Jul 1999] Where the Treasurer, under section 5(1) of the Financial Agreement Act 1994 , requires the Board to do or refrain from doing anything for the purpose of implementing the Agreement, within the meaning of that Act, the Board must comply with that requirement.

PART 1C - Accounting records, financial statements and reports

4U.   Accounting records

[Section 4U Inserted by No. 23 of 1999, s. 12, Applied:01 Jul 1999] The Board must –

(a) keep such accounting records as correctly record and explain its transactions, including any transactions as trustee, and financial position; and

(b) keep those records in a manner that –

(i) allows true and fair accounts of the Board to be prepared from time to time; and

(ii) allows its accounts to be conveniently and properly audited or reviewed; and

(iii) complies with Australian Accounting Standards; and

(c) retain those records for a period of not less than 7 years after the completion of the transaction to which they relate.

4V.   Financial statements

[Section 4V Inserted by No. 23 of 1999, s. 12, Applied:01 Jul 1999]

(1)  Within 90 days after the end of the financial year, the Board must –

(a) prepare the financial statements of the Board relating to that financial year; and

(b) provide the Auditor-General with the Board's financial statements.

(2)  Financial statements in respect of a financial year are to consist of –

(a) a profit and loss account or other operating statement for that financial year; and

(b) a balance sheet or other statement of financial position as at the end of that financial year if the Board has assets or liabilities; and

(c) a statement of the cash flows for that financial year; and

(d) any other financial information required to present a true and fair view of the financial affairs of the Board.

4W.   Opinion of Auditor-General

[Section 4W Inserted by No. 23 of 1999, s. 12, Applied:01 Jul 1999] The Auditor-General must provide the Board, the Minister and the Treasurer with a copy of his or her opinion in respect of the financial statements of the Board given under section 40 of the Financial Management and Audit Act 1990 .

4X.   Annual report

[Section 4X Inserted by No. 23 of 1999, s. 12, Applied:01 Jul 1999]

(1)  The Board must prepare an annual report for each financial year.

(2)  The annual report is to include the following information and documents:

(a) the financial statements of the Board for the financial year to which the annual report relates;

(b) a copy of the opinion of the Auditor-General in respect of the financial statements received under section 4W ;

(c) a report on the operations and performance of the Board during that financial year;

(d) the report required to be prepared under section 4E ;

(e) any information relating to the Board required by the Minister by written notice to the Board to be included;

(f) any other information that the Board considers is appropriate or necessary to properly inform the Minister and Parliament as to the performance and progress of the Board during that financial year.

(3)  The Board must provide the annual report to the Minister and the Auditor-General.

4Y.   Tabling of annual report

[Section 4Y Inserted by No. 23 of 1999, s. 12, Applied:01 Jul 1999]

(1)  The Minister must lay a copy of the annual report before each House of Parliament within 5 months after the end of the financial year to which the annual report relates.

(2)  Where the Minister is unable to comply with subsection (1) for any reason other than that a House of Parliament is not sitting at the expiration of the period specified in that subsection, he or she must, before the expiration of that period, lay before each House of Parliament a statement specifying the reasons for the failure to comply with that subsection and an estimate of the day by which a copy of the annual report will be ready to be laid before each House of Parliament.

(3)  Where the Minister is unable to lay a copy of the annual report before a House of Parliament within the period specified in subsection (1) or by the day specified in a statement referred to in subsection (2) because either House of Parliament is not sitting at the expiration of that period or on that day, the Minister must –

(a) immediately after the expiration of that period or that day, forward a copy of the annual report to the clerk of that House of Parliament; and

(b) within the next 7 sitting days of that House, lay a copy of the annual report before that House.

4Z.   State of the forests report

[Section 4Z Inserted by No. 23 of 1999, s. 12, Applied:01 Jul 1999]

(1)  The Board must, not later than 30 November 2002 and not later than 30 November in each fifth year thereafter, give the Minister a written report on the state of Tasmania's public and private forests.

(2)  The Minister must cause a copy of each report prepared under subsection (1) to be laid on the table of each House of Parliament within 14 sitting days of that House after the report is received by the Minister.

(3)  The Board is to prepare a report under subsection (1) in cooperation and consultation with the following bodies :

(a) the Forestry corporation;

(b) Private Forests Tasmania;

(c) [Section 4Z Subsection (3) amended by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002] the responsible Department in relation to the Nature Conservation Act 2002 ;

(d) such other State authorities and Government departments as have statutory responsibilities in relation to forests or forested land.

(4)  Consultations under subsection (3) are to be conducted with a view to the parties reaching agreement on the information that is to be included in the report and the arrangements for providing the Board with that information.

PART II - Private timber reserves

5.   Application to have land declared as private timber reserve

(1)  [Section 5 Subsection (1) amended by No. 29 of 1994, s. 35 and Sched. 1 ]A person who wishes to have any land owned by him declared as a private timber reserve may make application to the Board.

(2)  [Section 5 Subsection (2) amended by No. 29 of 1994, s. 35 and Sched. 1 ]An application referred to in subsection (1) shall –

(a) be in writing in a form approved by the Board;

(b) contain a description of the area of land that the applicant seeks to have declared as a private timber reserve;

(c) contain a list of all persons (other than the applicant) who have a legal or equitable interest in the land, or in timber on the land, to which the application relates; and

(d) be accompanied by the fee (if any) prescribed in the regulations.

(3)  [Section 5 Subsection (3) amended by No. 29 of 1994, s. 35 and Sched. 1 ]An applicant under this section shall, if required by the Board to do so, provide such further particulars in relation to the application as the Board requires.

(4)  An applicant under this section shall, as soon as is practicable after making his application, notify all persons referred to in subsection (2) (c) that he has made an application referred to in subsection (1) .

6.   Notice of application, &c.

(1)  [Section 6 Subsection (1) amended by No. 29 of 1994, s. 35 and Sched. 1 ]Where an application for the declaration of land as a private timber reserve has been made in accordance with section 5 , the Board shall cause a notice containing the prescribed particulars to be published in the daily newspapers published in this State and a copy of the notice to be sent to the local authority exercising jurisdiction over the land and any local authority exercising jurisdiction over any land adjacent to that land.

(2)  [Section 6 Subsection (2) amended by No. 29 of 1994, s. 35 and Sched. 1 ]For the purposes of subsection (1) , prescribed particulars means –

(a) a description of the area of land to which the application relates;

(b) a statement advising that objections to the declaration as a private timber reserve of the area of land described in the advertisement may be lodged with the Board by the date specified in the notice, being a date not earlier than 28 days after the date on which the notice is published in the newspaper; and

(c) such other particulars of the application as the Board considers necessary.

(3)  [Section 6 Subsection (3) amended by No. 29 of 1994, s. 35 and Sched. 1 ]Any person may, on payment of the fee prescribed in the regulations, inspect an application made under section 5 at the office of Private Forests Tasmania.

7.   Objections to declaration of land as private timber reserve

(1)  [Section 7 Subsection (1) amended by No. 48 of 1998, s. 4, Applied:18 Dec 1998] [Section 7 Subsection (1) amended by No. 29 of 1994, s. 35 and Sched. 1 ]Any prescribed person who wishes to object to the granting of an application for the declaration of any land as a private timber reserve may, at any time before the expiration of the period referred to in the notice relating to the application published in accordance with section 6 , lodge with the Board an objection in writing to the granting of the application on –

(a) [Section 7 Subsection (1) amended by No. 48 of 1998, s. 4, Applied:18 Dec 1998] in the case of a person referred to in paragraph (d) of the definition of prescribed person in subsection (4) , the ground specified in paragraph (f) of section 8(2) as it applies to that person; and

(b) [Section 7 Subsection (1) amended by No. 48 of 1998, s. 4, Applied:18 Dec 1998] in any other case, a ground specified in paragraph (a) , (b) , (c) , (d) or (e) of section 8(2) .

(2)  [Section 7 Subsection (2) amended by No. 29 of 1994, s. 35 and Sched. 1 ]An objection lodged under subsection (1) may not be entertained by the Board, unless –

(a) it specifies the ground for the objection;

(ab) [Section 7 Subsection (2) amended by No. 48 of 1998, s. 4, Applied:18 Dec 1998] in the case of an objection by a person referred to in paragraph (d) of the definition of prescribed person in subsection (4) , the ground for the objection is limited to the ground specified in paragraph (f) of section 8(2) as it applies to that person; and

(b) [Section 7 Subsection (2) amended by No. 48 of 1998, s. 4, Applied:18 Dec 1998] in any other case, the ground for the objection is a ground specified in paragraph (a) , (b) , (c) , (d) or (e) of section 8(2) ; and

(c) the objector has lodged the objection with the Board and has served a copy of the objection on the applicant before the expiration of the period referred to in subsection (1) .

(3)  [Section 7 Subsection (3) amended by No. 29 of 1994, s. 35 and Sched. 1 ]A person who made an application under section 5 may, within a period of 14 days after the date on which the copy of an objection is served on him, submit in writing to the Board any representations with respect to his application and any objection to that application.

(4)  For the purposes of this section –

prescribed person means –

(a) [Section 7 Subsection (4) amended by No. 48 of 1998, s. 4, Applied:18 Dec 1998] a local authority exercising jurisdiction over the land, or any part of the land, to which the application relates, or over any land adjacent to that land; or

(b) a State authority; or

(c) [Section 7 Subsection (4) amended by No. 48 of 1998, s. 4, Applied:18 Dec 1998] a person who has a legal or equitable interest in the land, or in timber on the land, to which the application relates; or

(d) [Section 7 Subsection (4) amended by No. 48 of 1998, s. 4, Applied:18 Dec 1998] [Section 7 Subsection (4) amended by No. 23 of 1999, s. 13, Applied:01 Jul 1999] a person who is the owner of land that adjoins, or is within 100 metres of, the boundary of the proposed private timber reserve;

State authority means a body or authority, whether incorporated or not, which is established or constituted by or under an Act or under the royal prerogative, being a body or authority which, or of which the governing authority, wholly or partly comprises a person or persons appointed by the Governor, a Minister, or another State authority.

8.   Grant or refusal of application for declaration of land as private timber reserve

(1)  [Section 8 Subsection (1) amended by No. 29 of 1994, s. 35 and Sched. 1 ]Where an application for the declaration of land as a private timber reserve complies with section 5 , the Board shall, except where the application is refused as provided in subsection (2) , grant the application as soon as is reasonably practicable after –

(a) the expiration of the period referred to in the notice relating to the application published in accordance with section 6 ; or

(b) if a hearing is required to be held in respect of the application as provided by subsection (3) , the conclusion of the hearing.

(2)  [Section 8 Subsection (2) amended by No. 29 of 1994, s. 35 and Sched. 1 ]An application for a declaration of land as a private timber reserve shall be refused if the Board is satisfied that –

(a) the application has not been made in good faith and honestly;

(b) the land is not suitable for declaration as a private timber reserve;

(c) a person who has a legal or equitable interest in the land, or in timber on the land, would be disadvantaged if the application was granted;

(d) by virtue of the operation of any Act, the owner of the land is prohibited from establishing forests, or growing or harvesting timber, on the land; or

(e) [Section 8 Subsection (2) amended by No. 48 of 1998, s. 5, Applied:18 Dec 1998] it would not be in the public interest to grant the application; or

(f) [Section 8 Subsection (2) amended by No. 48 of 1998, s. 5, Applied:18 Dec 1998] an owner of land referred to in paragraph (d) of the definition of prescribed person in section 7(4) would be directly and materially disadvantaged if the application was granted.

(2A)  [Section 8 Subsection (2A) amended by No. 57 of 2003, s. 4, Applied:25 Sep 2003] [Section 8 Subsection (2A) inserted by No. 48 of 1998, s. 5, Applied:18 Dec 1998] For the purposes of subsection (2)(d) , where a planning scheme or special planning order within the meaning or for the purposes of the Land Use Planning and Approvals Act 1993 requires the owner of any 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 that land, neither that requirement nor any statutory provision that purports to enforce the observance of that requirement is taken to be a prohibition of those activities on that land.

(3)  [Section 8 Subsection (3) amended by No. 29 of 1994, s. 35 and Sched. 1 ]An application for the declaration of land as a private timber reserve shall not be refused unless the Board –

(a) has first held a hearing with respect to the application; and

(b) has afforded the applicant and, where a person has lodged an objection to the application in accordance with section 7 , that person an opportunity to appear and to make submissions and adduce evidence at the hearing.

(4)  [Section 8 Subsection (4) amended by No. 29 of 1994, s. 35 and Sched. 1 ]Where the Board refuses an application made under section 5 , it shall forthwith, by notice in writing served on the applicant, inform him of the refusal and of the reasons for the refusal.

(5)  [Section 8 Subsection (5) amended by No. 29 of 1994, s. 35 and Sched. 1 ]Where the Board grants an application made under section 5 in respect of which an objection has been lodged in accordance with section 7 , it shall forthwith, by notice in writing served on the person who lodged the objection, inform him of the granting of the application.

9.   Appeal in respect of application under section 5

(1)  [Section 9 Subsection (1) amended by No. 29 of 1994, s. 35 and Sched. 1 ]Where a person who made an application under section 5 is aggrieved by the refusal of the Board to grant his application, he may appeal to the Tribunal.

(2)  [Section 9 Subsection (2) amended by No. 29 of 1994, s. 35 and Sched. 1 ]Where an application made under section 5 is granted by the Board, a person who lodged an objection under section 7 in respect of that application may appeal to the Tribunal.

(3)  An appeal under this section shall be instituted by giving written notice to the registrar within a period of 14 days after –

(a) in the case of an appeal against the refusal to grant an application made under section 5 , the service of a notice under section 8 (4) ; or

(b) in the case of an appeal against the granting of an application made under section 5 , the service of a notice under section 8 (5) .

(4)  Where a person who made an application under section 5 appeals to the Tribunal the registrar shall, within 7 days of the appeal being lodged –

(a) serve a copy of the notice of appeal on each person who lodged an objection under section 7 in respect of the application; and

(b) publish an advertisement containing a copy of the notice of appeal in a daily newspaper circulating in the area in which the land to which the application relates is located.

(5)  Where a person who made an application under section 5 appeals to the Tribunal, any person who lodged an objection under section 7 in respect of that application may intervene in the appeal by giving written notice to the registrar within 7 days of the date on which the advertisement referred to in subsection (4) (b) was published and shall, on intervening, be a party to the appeal.

(6)  [Section 9 Subsection (6) amended by No. 29 of 1994, s. 35 and Sched. 1 ]In the determination of an appeal under this section, the Tribunal, unless it dismisses the appeal, may quash the decision of the Board and direct the Board to take such action as it considers necessary with respect to the application.

10.   Recommendation to Governor that land be declared as private timber reserve

[Section 10 Amended by No. 29 of 1994, s. 35 and Sched. 1 ]Where –

(a) the Board grants an application made under section 5 and no appeal is lodged in accordance with section 9 in respect of the granting of that application;

(b) the Board grants an application made under section 5 , and an appeal is lodged in accordance with section 9 in respect of the granting of that application and the Tribunal dismisses the appeal; or

(c) the Board refuses to grant an application made under section 5 , and an appeal is lodged in accordance with section 9 in respect of that refusal and the Tribunal quashes the decision of the Board and directs the Board to grant the application –

the Board shall recommend to the Governor that the land to which the application relates be declared as a private timber reserve.

11.   Declaration of land as private timber reserve

(1)  [Section 11 Subsection (1) amended by No. 29 of 1994, s. 35 and Sched. 1 ]The Governor may, on the recommendation of the Board made pursuant to section 10 , by notice published in the Gazette, declare any land specified in the notice as a private timber reserve.

(2)  [Section 11 Subsection (2) amended by No. 29 of 1994, s. 35 and Sched. 1 ]The Board shall cause a copy of a notice under subsection (1) to be sent to the local authority exercising jurisdiction over the land to which the notice relates and any local authority exercising jurisdiction over any land adjacent to that land.

(3)  A notice under subsection (1) is not a statutory rule within the meaning of the Rules Publication Act 1953 .

12.   Effect of declaration of land as private timber reserve

(1)  [Section 12 Subsection (1) amended by No. 29 of 1994, s. 35 and Sched. 1 ]Where land has been declared as a private timber reserve in accordance with section 11 (1) , it shall be used only for establishing forests, or growing or harvesting timber in accordance with the Forest Practices Code and such other activities which the Board considers to be compatible with establishing forests, or growing or harvesting timber.

(2)  Where land has been declared as a private timber reserve in accordance with section 11 (1) , any Act prescribed in the regulations, and the prescribed provisions of any Act prescribed in the regulations shall not apply to the private timber reserve.

13.   Revocation of private timber reserve at instigation of Board

(1)  [Section 13 Subsection (1) amended by No. 29 of 1994, s. 6 ]Where the Board is satisfied that a private timber reserve or part of a private timber reserve is not being used for establishing forests, or growing or harvesting timber in accordance with the Forest Practices Code, or is not being used for activities which the Board considers to be compatible with establishing forests, or growing or harvesting timber, it may, by notice in writing served on the owner of the reserve, inform him that it intends to recommend to the Governor that the reserve or part of the reserve, as the case may be, shall cease to be, or cease to form part of, a private timber reserve.

(2)  [Section 13 Subsection (2) amended by No. 29 of 1994, s. 6 ]The owner of a private timber reserve referred to in subsection (1) may, if aggrieved by the intention of the Board to make a recommendation referred to in that subsection, appeal to the Tribunal.

(3)  An appeal under subsection (2) shall be instituted by giving written notice to the registrar within a period of 14 days after the service of the notice referred to in subsection (1) .

(4)  In the determination of an appeal under subsection (2) , the Tribunal, unless it dismisses the appeal, may direct the Board to take such action as it considers necessary.

(5)  [Section 13 Subsection (5) amended by No. 29 of 1994, s. 6 ]Where –

(a) no appeal is lodged under subsection (2) within the period specified in subsection (3) in respect of the Board's intention to recommend to the Governor that the private timber reserve or part of the private timber reserve referred to in subsection (1) shall cease to be, or cease to form part of, a private timber reserve; or

(b) an appeal is lodged under subsection (2) within the period specified in subsection (3) and the Tribunal dismisses the appeal –

the Board shall recommend to the Governor that the reserve or part of the reserve, as the case may be, shall cease to be, or cease to form part of, a private timber reserve.

(6)  [Section 13 Subsection (6) amended by No. 29 of 1994, s. 6 ]The Governor may, on the recommendation of the Board, by notice published in the Gazette, declare that the private timber reserve or part of the private timber reserve, as the case may be, specified in the notice shall cease to be, or cease to form part of, a private timber reserve.

(7)  [Section 13 Subsection (7) amended by No. 29 of 1994, s. 6 ]The Board shall cause a copy of a notice under subsection (6) to be sent to the local authority exercising jurisdiction over the land to which the notice relates and any local authority exercising jurisdiction over any land adjacent to that land.

(8)  A notice under subsection (6) is not a statutory rule within the meaning of the Rules Publication Act 1953 .

14.   Revocation of private timber reserve on application of owner of reserve

(1)  [Section 14 Subsection (1) amended by No. 29 of 1994, s. 35 and Sched. 1 ]The owner of a private timber reserve may make application to the Board for the reserve or such part of the reserve as the owner specifies in the application to cease to be, or cease to form part of, a private timber reserve.

(2)  [Section 14 Subsection (2) amended by No. 29 of 1994, s. 35 and Sched. 1 ]An application under subsection (1) shall –

(a) be in writing in a form approved by the Board;

(b) contain a description of the private timber reserve or part of the private timber reserve that the applicant wishes to cease to be, or cease to form part of, a private timber reserve; and

(c) specify the reasons why the application is made.

(3)  [Section 14 Subsection (3) amended by No. 29 of 1994, s. 35 and Sched. 1 ]An applicant under subsection (1) shall, if required by the Board to do so, provide such further particulars in relation to the application as the Board requires.

(4)  [Section 14 Subsection (4) amended by No. 29 of 1994, s. 7 ]Subject to subsection (5) , the Board shall grant an application under subsection (1) unless –

(a) Private Forests Tasmania has rendered financial assistance to the applicant by way of a grant or loan under the Private Forests Act 1994 , or any other person has rendered financial assistance to the applicant, for the development or maintenance of the private timber reserve to which the application relates; or

(b) the private timber reserve to which the application relates has been recognized and treated as such for the purposes of any Act prescribed in the regulations, or the prescribed provisions of any Act prescribed in the regulations.

(5)  [Section 14 Subsection (5) amended by No. 29 of 1994, s. 7 ] Subsection (4) (a) does not apply if the financial assistance that has been rendered to the applicant has been repaid to Private Forests Tasmania or, as the case may be, any other person who rendered the financial assistance.

(6)  [Section 14 Subsection (6) amended by No. 29 of 1994, s. 35 and Sched. 1 ]The Board shall, by notice in writing served on the applicant, inform him of its decision and, in the case of a refusal to grant an application, shall inform the applicant of the reasons for the refusal.

(7)  [Section 14 Subsection (7) amended by No. 29 of 1994, s. 35 and Sched. 1 ]Where a person who made an application under subsection (1) is aggrieved by the refusal of the Board to grant his application, he may appeal to the Tribunal.

(8)  An appeal under subsection (7) shall be instituted by giving written notice to the registrar within a period of 14 days after the service of the notice referred to in subsection (6) .

(9)  [Section 14 Subsection (9) amended by No. 29 of 1994, s. 35 and Sched. 1 ]In the determination of an appeal under subsection (7) , the Tribunal, unless it dismisses the appeal, may quash the decision of the Board and direct the Board to take such action as it considers necessary in respect of the application.

(10)  [Section 14 Subsection (10) amended by No. 29 of 1994, s. 35 and Sched. 1 ]Where –

(a) the Board grants an application under subsection (1) ; or

(b) the Board refuses to grant an application under subsection (1) and the applicant appeals to the Tribunal pursuant to subsection (7) within the period specified in subsection (8) in respect of the refusal of the Board to grant the application and the Tribunal quashes the decision of the Board and directs the Board to grant the application –

the Board shall recommend to the Governor that the private timber reserve or part of the private timber reserve in respect of which the application relates, as the case may be, shall cease to be, or cease to form part of, a private timber reserve.

(11)  [Section 14 Subsection (11) amended by No. 29 of 1994, s. 35 and Sched. 1 ]The Governor may, on the recommendation of the Board, by notice published in the Gazette, declare that the private timber reserve or part of the private timber reserve specified in the notice shall cease to be, or cease to form part of, as the case may be, a private timber reserve.

(12)  [Section 14 Subsection (12) amended by No. 29 of 1994, s. 35 and Sched. 1 ]The Board shall cause a copy of a notice under subsection (11) to be sent to the local authority exercising jurisdiction over the land to which the notice relates and any local authority exercising jurisdiction over any land adjacent to that land.

(13)  A notice under subsection (11) is not a statutory rule within the meaning of the Rules Publication Act 1953 .

15.   Registration of notice relating to private timber reserve

(1)  [Section 15 Subsection (1) amended by No. 29 of 1994, s. 35 and Sched. 1 ]Where a notice is published in the Gazette under section 11 declaring any land as a private timber reserve, the Board shall forthwith cause the notice to be registered in respect of that land.

(2)  [Section 15 Subsection (2) amended by No. 29 of 1994, s. 35 and Sched. 1 ]Where a notice is published in the Gazette under section 13 (6) or 14 (11) by which the whole or any part of a private timber reserve ceases to be, or ceases to form part of, a private timber reserve, the Board shall forthwith cause the notice to be registered in respect of the land to which it relates.

(3)  The provisions of Schedule 1 have effect in relation to the registration of notices under this section.

(4)  Nothing in section 40 of the Land Titles Act 1980 shall be construed as affecting the validity of any notice referred to in this section or as prejudicing or affecting the registration of any such notice.

16.   Compensation may be payable where application refused

(1)  [Section 16 Subsection (1) amended by No. 29 of 1994, s. 8 ]Subject to this section, where –

(a) the Board has refused to grant an application for a declaration of land as a private timber reserve only on the ground referred to in section 8 (2) (d) or (e) ;

(b) the owner of the land has appealed to the Tribunal against the refusal to grant the application and the appeal has been dismissed; and

(c) timber on the land is thereby made less valuable to the owner of the land by virtue of the fact that he is prevented from using the land for timber production –

he is entitled to compensation for the value of the timber crop growing on that land in accordance with this section.

(2)  [Section 16 Subsection (2) substituted by No. 29 of 1994, s. 8 ][Section 16 Subsection (2) substituted by No. 17 of 2002, s. 4, Applied:11 Sep 2002] The entitlement does not arise unless –

(a) an application for the compensation is received by the Board within 30 days after the day on which the Tribunal dismissed the appeal; and

(b) the Board is satisfied that, for at least 2 years before making the section 5 application, the owner of the land was actively managing the land for the purpose of establishing forests or growing (with the intention of harvesting) timber; and

(c) [Section 16 Subsection (2) amended by No. 57 of 2003, s. 5, Applied:25 Sep 2003] if the section 5 application was refused under section 8 (2) (d)  –

(i) [Section 16 Subsection (2) amended by No. 57 of 2003, s. 5, Applied:25 Sep 2003] the prohibition referred to in that section was not a prohibition contained in a planning scheme or special planning order under the Land Use Planning and Approvals Act 1993 or in a statutory provision that purports to enforce the observance of a requirement of any such scheme or order; and

(ii) the prohibition was imposed only within the period of 3 months immediately before the owner of the land made the section 5 application; and

(iii) the Board is satisfied that, during the period the land was being actively managed before the imposition of the prohibition, the owner of the land had an intention to apply for the declaration of the land as a private timber reserve.

(2A)  [Section 16 Subsection (2A) inserted by No. 29 of 1994, s. 8 ][Section 16 Subsection (2A) omitted by No. 17 of 2002, s. 4, Applied:11 Sep 2002] .  .  .  .  .  .  .  .  

(3)  [Section 16 Subsection (3) amended by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002] [Section 16 Subsection (3) amended by No. 29 of 1994, s. 8 ][Section 16 Subsection (3) substituted by No. 17 of 2002, s. 4, Applied:11 Sep 2002] If –

(a) the section 5 application was refused on the ground referred to in section 8(2)(d) or (e) wholly or partly because the declaration would threaten natural or cultural values; and

(b) although the Crown wishes to preserve those values it does not want to acquire the land –

the Board must, if requested to do so by the Minister, require the owner of the land to enter into a conservation covenant with that Minister for the protection of those values under Division 3 of Part 5 of the Nature Conservation Act 2002 .

(4)  [Section 16 Subsection (4) amended by No. 29 of 1994, s. 8 ][Section 16 Subsection (4) substituted by No. 17 of 2002, s. 4, Applied:11 Sep 2002] If subsection (3) applies –

(a) compensation is not payable under this section unless the owner of the land and the Minister enter into the conservation covenant within 12 months after the day on which the owner of the land receives notification of the requirement; but

(b) if the conservation covenant is not entered into within that 12 month period, the owner of the land may apply to the Minister, in writing, for a certificate of release from the requirement.

(4A)  [Section 16 Subsection (4A) inserted by No. 17 of 2002, s. 4, Applied:11 Sep 2002] On receipt of the application, the Minister must –

(a) issue the owner of the land with the certificate of release; or

(b) if the Minister is satisfied on reasonable grounds that the failure to enter into the conservation covenant within the required period is attributable to wilful obstruction, unreasonable delay or another unreasonable act or omission on the part of the owner of the land, refuse to issue the owner of the land with the certificate of release.

(4B)  [Section 16 Subsection (4B) inserted by No. 17 of 2002, s. 4, Applied:11 Sep 2002] The certificate of release may be in such form as the Minister determines.

(4C)  [Section 16 Subsection (4C) inserted by No. 17 of 2002, s. 4, Applied:11 Sep 2002] If the Minister does not take action under paragraph (a) or (b) of subsection (4A) within 30 days of receiving the application, the Minister is nevertheless taken to have issued the certificate of release at the expiration of that period.

(4D)  [Section 16 Subsection (4D) inserted by No. 17 of 2002, s. 4, Applied:11 Sep 2002] If the application for the certificate of release is refused –

(a) the Minister must notify the owner of the land of the refusal, and the reasons for the refusal, as soon as practicable; and

(b) the owner of the land may apply to the Magistrates Court (Administrative Appeals Division) for a review of the refusal to issue the certificate of release.

(4E)  [Section 16 Subsection (4E) inserted by No. 17 of 2002, s. 4, Applied:11 Sep 2002] The owner of the land may, if issued with the certificate of release, resubmit the application to have the land declared as a private timber reserve.

(4F)  [Section 16 Subsection (4F) inserted by No. 17 of 2002, s. 4, Applied:11 Sep 2002] An application for the declaration of land as a private timber reserve resubmitted under subsection (4E) is not capable of being refused on the same or substantially the same grounds as the original application and, in that respect, the land may be declared as a private timber reserve notwithstanding –

(a) the operation of any Act that may prohibit the owner from establishing forests, or growing or harvesting timber on the land; or

(b) that it may not be in the public interest to grant the application because the declaration may threaten important natural or cultural values.

(5)  [Section 16 Subsection (5) amended by No. 29 of 1994, s. 8 ]Where an owner of land is entitled to compensation under this section the Board shall request the Valuer-General to determine the amount of compensation that is payable.

(6)  [Section 16 Subsection (6) amended by No. 29 of 1994, s. 8 ]Unless the Board or the owner of the land disputes the amount of compensation determined by the Valuer-General, the owner of the land is to be paid the amount of compensation determined by the Valuer-General.

(7)  [Section 16 Subsection (7) substituted by No. 29 of 1994, s. 8 ]If the Board or the owner of the land disputes the amount of compensation determined by the Valuer-General, that amount is to be determined in the same manner as a disputed claim for compensation under the Land Acquisition Act 1993 .

(8)  Any compensation payable under this section shall be paid out of moneys appropriated by Parliament for that purpose.

(9)  [Section 16 Subsection (9) inserted by No. 17 of 2002, s. 4, Applied:11 Sep 2002] Notwithstanding subsection (1) , a person's entitlement to compensation under this section in respect of any land lapses if, before the compensation or first instalment of the compensation is otherwise due to be paid –

(a) the Crown acquires that land or any part of that land; or

(b) the person otherwise ceases to be the owner of that land or any part of that land.

(10)  [Section 16 Subsection (10) inserted by No. 17 of 2002, s. 4, Applied:11 Sep 2002] If an application for the declaration of land as a private timber reserve is refused on the ground referred to in section 8(2)(d) , any entitlement to compensation arises under this section, not under the prohibition imposed under the Act referred to in that section or any other Act.

(11)  [Section 16 Subsection (11) inserted by No. 17 of 2002, s. 4, Applied:11 Sep 2002] In this section –

[Section 16 Subsection (11) amended by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002] Minister means the Minister administering the Nature Conservation Act 2002 ;

natural or cultural values means natural or cultural values within the meaning of the Forest Practices Code.

PART III - Plans

[Part III Heading amended by No. 23 of 1999, s. 14, Applied:01 Jul 1999]

Division 1 - Forest practices plans

[Division 1 of Part III Heading amended by No. 23 of 1999, s. 15, Applied:01 Jul 1999]

17.   Restrictions on harvesting timber, &c.

[Section 17 Substituted by No. 29 of 1994, s. 9 ]

(1)  [Section 17 Subsection (1) substituted by No. 23 of 1999, s. 16, Applied:01 Jul 1999] For the purposes of this section, a person is taken to be a responsible person in relation to any land if that person –

(a) is the owner of that land and has not assigned his or her responsibilities under this section to another person in accordance with subsection (2) ; or

(b) is a person to whom the owner's responsibilities under this section have been assigned in accordance with subsection (2) ; or

(c) is a timber processor having the immediate right, whether by virtue of a contract or otherwise, to process timber harvested on that land; or

(d) carries out, or causes to be carried out, forest practices on that land.

(2)  [Section 17 Subsection (2) amended by No. 23 of 1999, s. 16, Applied:01 Jul 1999] An owner of land may enter into an agreement in writing under seal with any person under which that person is assigned the owner's responsibilities under this section.

(3)  [Section 17 Subsection (3) omitted by No. 15 of 2001, Sched. 2, Applied:01 Jul 2001] .  .  .  .  .  .  .  .  

(4)  [Section 17 Subsection (4) substituted by No. 23 of 1999, s. 16, Applied:01 Jul 1999] A person who is a responsible person in relation to any land must not carry out, or cause or allow the carrying out of, an activity of the following kind on that land unless a certified forest practices plan exists in respect of that land when that activity is being carried out:

(a) the establishment of forests;

(b) the harvesting of timber;

(ba) [Section 17 Subsection (4) amended by No. 110 of 2001, s. 6, Applied:01 Jan 2002] the clearing of trees;

(c) the construction of a road in connection with an activity referred to in paragraph (a) or (b) ;

(d) the operation of a quarry in connection with an activity referred to in paragraph (a) or (b) .

Penalty:  Fine not exceeding 150 penalty units.

(5)  [Section 17 Subsection (5) amended by No. 23 of 1999, Sched. 2, Applied:01 Jul 1999] A timber processor must not purchase or acquire timber that has been harvested from land in respect of which there is not in existence at the time of the harvesting a certified forest practices plan.

Penalty:  Fine not exceeding 150 penalty units.

(5A)  [Section 17 Subsection (5A) inserted by No. 113 of 2001, s. 5, Applied:01 Jan 2002] A person must not harvest tree ferns unless –

(a) the tree ferns are harvested in accordance with a forest practices plan that enables the harvesting of tree ferns; and

(b) each tree fern has a tag referred to in section 18A affixed to its stem before removal from the harvesting area as identified in the forest practices plan.

Penalty:  Fine not exceeding 150 penalty units.

(6)  [Section 17 Subsection (6) amended by No. 113 of 2001, s. 5, Applied:01 Jan 2002] Subsections (4) , (5) and (5A) do not apply in prescribed circumstances.

18.   Application for certification of forest practices plan

(1)  [Section 18 Subsection (1) amended by No. 29 of 1994, s. 35 and Sched. 1 ]Any person may –

(a) [Section 18 Subsection (1) amended by No. 23 of 1999, Sched. 5, Applied:01 Jul 1999] prepare, or cause to be prepared, a forest practices plan in relation to any land; and

(b) [Section 18 Subsection (1) amended by No. 23 of 1999, Sched. 3, Applied:01 Jul 1999] make application to the Board for certification of that plan.

(2)  [Section 18 Subsection (2) amended by No. 23 of 1999, Sched. 5, Applied:01 Jul 1999] A forest practices plan shall contain –

(a) [Section 18 Subsection (2) amended by No. 110 of 2001, s. 7, Applied:01 Jan 2002] specifications of the forest practices to be carried out on the land referred to in the plan in connection with the harvesting of timber or the clearing of trees;

(b) in the case of a private timber reserve, or where the owner of the land referred to in the plan wishes to restock the land with trees, specifications in connection with the restocking of the land with trees;

(ba) [Section 18 Subsection (2) amended by No. 113 of 2001, s. 6, Applied:01 Jan 2002] in the case of the harvesting of tree ferns, the following specifications:

(i) the name of the person intending to harvest the tree ferns;

(ii) the estimated number of tree ferns to be harvested;

(iii) an estimate of the period during which tree ferns are to be harvested;

(c) [Section 18 Subsection (2) amended by No. 23 of 1999, s. 17, Applied:01 Jul 1999] an estimate of the period during which the forest practices are to be carried out; and

(d) the name of the timber processor by whom the timber harvested under the plan is intended or expected to be processed.

(3)  [Section 18 Subsection (3) amended by No. 23 of 1999, Sched. 5, Applied:01 Jul 1999] Any specifications referred to in subsection (2) shall be in accordance with the Forest Practices Code as in force at the time the forest practices plan is prepared.

(4)  [Section 18 Subsection (4) amended by No. 29 of 1994, s. 35 and Sched. 1 ]An application referred to in subsection (1) (b)  –

(a) shall be in writing;

(b) shall be accompanied by a memorandum in writing signed by the owner of the land referred to in the plan or, if the land is subject to a forestry right, the holder of the right, stating that he has given his approval for the plan to be submitted to the Board; and

(c) shall be accompanied by the fee (if any) prescribed in the regulations.

(5)  [Section 18 Subsection (5) amended by No. 23 of 1999, Sched. 5, Applied:01 Jul 1999] [Section 18 Subsection (5) amended by No. 29 of 1994, s. 35 and Sched. 1 ]An applicant under this section shall, if required by the Board to do so, provide such further particulars in relation to the forest practices plan as the Board specifies.

18A.   Tags to be attached to tree ferns

[Section 18A Inserted by No. 113 of 2001, s. 7, Applied:01 Jan 2002] The Board is to issue a tag to a person in a form approved by the Board –

(a) if satisfied that a forest practices plan exists enabling that person to harvest tree ferns; and

(b) on payment of the prescribed fee.

18B.   Trading in tree ferns

[Section 18B Inserted by No. 113 of 2001, s. 7, Applied:01 Jan 2002] A person must not buy, acquire, sell, offer or expose for sale, barter, exchange, agree to sell, send, forward or deliver for sale or otherwise trade in tree ferns unless the stem of each tree fern is affixed with a tag issued by the Board.

Penalty:  Fine not exceeding 150 penalty units.

19.   Board to certify or refuse to certify forest practices plan

(1)  [Section 19 Subsection (1) amended by No. 23 of 1999, s. 18, Applied:01 Jul 1999] [Section 19 Subsection (1) amended by No. 29 of 1994, s. 10 ]Where an application for the certification of a forest practices plan is made in accordance with section 18 , the Board may –

(a) [Section 19 Subsection (1) amended by No. 23 of 1999, s. 18, Applied:01 Jul 1999] certify the plan;

(b) [Section 19 Subsection (1) amended by No. 23 of 1999, s. 18, Applied:01 Jul 1999] refuse to certify the plan; or

(c) [Section 19 Subsection (1) amended by No. 23 of 1999, s. 18, Applied:01 Jul 1999] amend the plan –

(i) [Section 19 Subsection (1) amended by No. 110 of 2001, s. 8, Applied:01 Jan 2002] by inserting conditions and restrictions to be complied with in the harvesting of timber or in the clearing of trees;

(ii) by inserting new specifications in the plan or amending the specifications contained in the plan submitted to it; or

(iii) in such other manner as it considers necessary –

and certify the plan as so amended.

(2)  [Section 19 Subsection (2) amended by No. 23 of 1999, s. 18, Applied:01 Jul 1999] [Section 19 Subsection (2) amended by No. 29 of 1994, s. 10 ]Except where the Board has requested further particulars in relation to an application for the certification of a forest practices plan, the Board shall take such action as is referred to in subsection (1) (a) , (b) , or (c) within 28 days of receipt of the application.

(3)  [Section 19 Subsection (3) amended by No. 23 of 1999, Sched. 3, Applied:01 Jul 1999] [Section 19 Subsection (3) amended by No. 23 of 1999, s. 18, Applied:01 Jul 1999] [Section 19 Subsection (3) amended by No. 29 of 1994, s. 10 ]Where the Board certifies a forest practices plan, refuses to certify a forest practices plan or certifies a plan as amended in accordance with subsection (1) (c) , it shall, by notice in writing served on the person who applied under section 17 for certification of the plan and the owner of the land referred to in the plan or, as the case may be, the holder of the forestry right conferred in respect of the land, inform them of its decision.

(4)  [Section 19 Subsection (4) inserted by No. 23 of 1999, s. 18, Applied:01 Jul 1999] If the Board itself certifies a forest practices plan it must immediately affix its seal to the plan and endorse it with the date of certification.

(5)  [Section 19 Subsection (5) inserted by No. 23 of 1999, s. 18, Applied:01 Jul 1999] If a person to whom the Board has delegated the power to certify forest practices plans certifies such a plan, the person must immediately sign the plan and endorse it with the date of certification.

20.   Authority of certified forest practices plan

[Section 20 Substituted by No. 23 of 1999, s. 19, Applied:01 Jul 1999] A certified forest practices plan authorises forest practices and any operations associated with those forest practices to be carried out on the land specified in the plan in accordance with the provisions of that plan during the period specified in the plan.

21.   Contravention, &c., of certified forest practices plan

(1)  [Section 21 Subsection (1) amended by No. 110 of 2001, s. 9, Applied:01 Jan 2002] [Section 21 Subsection (1) amended by No. 23 of 1999, s. 20, Applied:01 Jul 1999] [Section 21 Subsection (1) amended by No. 29 of 1994, s. 11 and s. 36 and Sched. 2 ]Where a forest practices plan has been certified by the Board in respect of forest practices on any land and is in force under this Act –

(a) [Section 21 Subsection (1) amended by No. 23 of 1999, s. 20, Applied:01 Jul 1999] any person who in carrying out any act, or in omitting to carry out any act, contravenes or fails to comply with the provisions of the plan; or

(b) [Section 21 Subsection (1) amended by No. 110 of 2001, s. 9, Applied:01 Jan 2002] any timber processor who causes forest practices on that land or any operations associated with forest practices on that land to be carried out in contravention of the provisions of the plan; or

(ba) [Section 21 Subsection (1) amended by No. 113 of 2001, s. 8, Applied:01 Jan 2002] any person who harvests tree ferns under the plan without affixing a tag in accordance with section 17(5A)(b) ; or

(c) [Section 21 Subsection (1) amended by No. 110 of 2001, s. 9, Applied:01 Jan 2002] any owner of land who causes forest practices on that land or any operations associated with forest practices on that land to be carried out in contravention of the provisions of the plan –

is guilty of an offence and is liable on summary conviction to a fine not exceeding 150 penalty units or a daily fine not exceeding 10 penalty units.

(1A)  [Section 21 Subsection (1A) inserted by No. 29 of 1994, s. 11 ]A person is guilty of an offence under subsection (1) if it is proven, on the balance of probabilities, that the person committed the offence.

(1B)  [Section 21 Subsection (1B) inserted by No. 29 of 1994, s. 11 ]In any proceedings under subsection (1) the production of a certificate purporting to be signed by the chairperson of the Board stating that, at a time or during a period specified in the certificate, a physical feature specified in the certificate was within a particular classification or had a particular status under the Forest Practices Code, as specified in the certificate, is evidence of the matters contained in the certificate.

(2)  [Section 21 Subsection (2) amended by No. 29 of 1994, s. 36 and Sched. 2 ]Where a daily fine is imposed under subsection (1) for a contravention of that subsection the total fine imposed is not to exceed 150 penalty units.

(3)  [Section 21 Subsection (3) amended by No. 23 of 1999, Sched. 2, Applied:01 Jul 1999] [Section 21 Subsection (3) amended by No. 29 of 1994, s. 36 and Sched. 2 ]Where a certified forest practices plan includes provisions relating to the restocking of the land to which the plan relates with trees, any person required in that plan to comply with any of those provisions who fails to comply with those provisions is guilty of an offence and is liable on summary conviction to a fine not exceeding 50 penalty units.

(4)  [Section 21 Subsection (4) amended by No. 23 of 1999, Sched. 4, Applied:01 Jul 1999] It is a defence to a charge under subsection (3) if the defendant proves to the satisfaction of the court that he did not consent to the imposition on him in the certified forest practices plan of the requirement to comply with any of the provisions of that plan.

22.   Variation of certified forest practices plan at instigation of Board

(1)  [Section 22 Subsection (1) amended by No. 23 of 1999, Sched. 2, Applied:01 Jul 1999] [Section 22 Subsection (1) amended by No. 29 of 1994, s. 12 ]The Board may, subject to subsection (2) , vary the provisions of a certified forest practices plan.

(2)  [Section 22 Subsection (2) amended by No. 23 of 1999, Sched. 3, Applied:01 Jul 1999] [Section 22 Subsection (2) amended by No. 29 of 1994, s. 12 ]The Board shall not exercise its powers under subsection (1) unless it has first afforded the person who applied to it under section 18 for certification of the plan and the owner of the land referred to in the plan or, as the case may be, the holder of the forestry right conferred in respect of the land, an opportunity to make submissions to it in relation to the matter.

(3)  [Section 22 Subsection (3) amended by No. 23 of 1999, Sched. 3, Applied:01 Jul 1999] [Section 22 Subsection (3) amended by No. 29 of 1994, s. 12 ]Where the Board varies the provisions of a certified forest practices plan, it shall, by notice in writing served on the person who applied to it under section 18 for certification of the plan and the owner of the land referred to in the plan, inform them of the variation, and the variation shall, subject to section 25 (3) , take effect on such date as the Board specifies in the notices, being a date not earlier than 14 days after the service of the notice on the first-mentioned person.

23.   Application for variation of certified forest practices plan

(1)  [Section 23 Subsection (1) amended by No. 23 of 1999, s. 21, Applied:01 Jul 1999] [Section 23 Subsection (1) amended by No. 29 of 1994, s. 35 and Sched. 1 ]A person who applied to the Board under section 18 for the certification of a forest practices plan and who wishes to have the provisions of the plan varied after it has been certified by the Board may make application to the Board for a variation of the plan.

(2)  [Section 23 Subsection (2) amended by No. 29 of 1994, s. 35 and Sched. 1 ]An application under this section –

(a) shall be in writing in a form approved by the Board;

(b) [Section 23 Subsection (2) amended by No. 23 of 1999, Sched. 4, Applied:01 Jul 1999] shall specify the manner in which the applicant requires the provisions of the certified forest practices plan to be varied;

(c) shall be accompanied by a memorandum in writing signed by the owner of the land referred to in the plan or, as the case may be, the holder of the forestry right conferred in respect of the land, stating that he has given his approval for the application to be made to the Board; and

(d) shall be accompanied by the fee (if any) prescribed in the regulations.

(3)  [Section 23 Subsection (3) amended by No. 29 of 1994, s. 35 and Sched. 1 ]An applicant under this section shall, if required by the Board to do so, provide such further particulars in relation to the application as the Board requires.

24.   Grant or refusal of application for variation of certified forest practices plan

(1)  [Section 24 Subsection (1) amended by No. 23 of 1999, Sched. 4, Applied:01 Jul 1999] [Section 24 Subsection (1) amended by No. 29 of 1994, s. 35 and Sched. 1 ]Where an application is made in accordance with section 23 , the Board may grant the application and vary the provisions of the certified forest practices plan, or may refuse to grant the application.

(2)  [Section 24 Subsection (2) amended by No. 23 of 1999, Sched. 2, Applied:01 Jul 1999] [Section 24 Subsection (2) amended by No. 29 of 1994, s. 35 and Sched. 1 ]Where an application for the variation of a certified forest practices plan is refused, the Board shall forthwith, by notice in writing served on the applicant and the owner of the land referred to in the plan or, as the case may be, the holder of the forestry right conferred in respect of the land, inform them of the refusal and the reasons for the refusal.

24A.   Revocation of certified forest practices plans

[Section 24A Inserted by No. 29 of 1994, s. 13 ]

(1)  [Section 24A Subsection (1) amended by No. 23 of 1999, Sched. 2, Applied:01 Jul 1999] Subject to this section, the Board may revoke a certified forest practices plan for any reason it considers sufficient.

(2)  [Section 24A Subsection (2) amended by No. 23 of 1999, Sched. 3, Applied:01 Jul 1999] The Board must not exercise its power under subsection (1) without first giving the person who applied under section 18 for certification of the plan and, if that person is not the owner of the relevant land, the owner of the land an opportunity to make submissions to it in relation to the proposed revocation.

(3)  [Section 24A Subsection (3) amended by No. 23 of 1999, Sched. 2, Applied:01 Jul 1999] If the Board revokes a certified forest practices plan –

(a) [Section 24A Subsection (3) amended by No. 23 of 1999, Sched. 3, Applied:01 Jul 1999] it must serve written notice of the revocation on the person who applied under section 18 for certification of the plan and, if that person is not the owner of the relevant land, the owner of the land; and

(b) [Section 24A Subsection (3) amended by No. 23 of 1999, Sched. 3, Applied:01 Jul 1999] the revocation takes effect on such date as the Board specifies in the notice, being a date not earlier than 14 days after the service of the notice on the person who applied for certification of the plan.

25.   Appeal in respect of forest practices plan

(1)  [Section 25 Subsection (1) amended by No. 23 of 1999, s. 22, Applied:01 Jul 1999] [Section 25 Subsection (1) amended by No. 29 of 1994, s. 14 ]A person who applied to the Board under section 18 for the certification of a forest practices plan and who is aggrieved by –

(a) [Section 25 Subsection (1) amended by No. 23 of 1999, s. 22, Applied:01 Jul 1999] the refusal of the Board to certify the plan;

(b) [Section 25 Subsection (1) amended by No. 23 of 1999, s. 22, Applied:01 Jul 1999] the amendments made to the plan by the Board pursuant to section 19 (1) (c) ;

(c) [Section 25 Subsection (1) amended by No. 23 of 1999, s. 22, Applied:01 Jul 1999] the variation of the provisions of the plan by the Board pursuant to section 22 ; or

(d) [Section 25 Subsection (1) amended by No. 23 of 1999, s. 22, Applied:01 Jul 1999] the refusal of the Board to grant the person's application for the variation of the provisions of the plan; or

(e) [Section 25 Subsection (1) amended by No. 23 of 1999, s. 22, Applied:01 Jul 1999] the revocation of the plan by the Board pursuant to section 24A  –

may appeal to the Tribunal.

(2)  [Section 25 Subsection (2) amended by No. 29 of 1994, s. 14 ]An appeal under this section shall be instituted by giving written notice to the registrar within a period of 14 days after –

(a) [Section 25 Subsection (2) amended by No. 23 of 1999, s. 22, Applied:01 Jul 1999] the service of a notice on the appellant under section 19 (3) , in the case of an appeal against the refusal to certify a forest practices plan or the amendments made to the plan by the Board;

(b) [Section 25 Subsection (2) amended by No. 23 of 1999, Sched. 2, Applied:01 Jul 1999] the service of a notice on the appellant under section 22 (3) , in the case of an appeal against the variation of the provisions of a certified forest practices plan by the Board; or

(c) [Section 25 Subsection (2) amended by No. 23 of 1999, Sched. 2, Applied:01 Jul 1999] the service of a notice on the appellant under section 24 (2) , in the case of an appeal against the refusal of the Board to grant an application for the variation of the provisions of a certified forest practices plan; or

(d) [Section 25 Subsection (2) amended by No. 23 of 1999, Sched. 2, Applied:01 Jul 1999] the service of a notice on the appellant under section 24A (3) in the case of an appeal against the revocation by the Board of a certified forest practices plan.

(3)  [Section 25 Subsection (3) amended by No. 23 of 1999, Sched. 2, Applied:01 Jul 1999] [Section 25 Subsection (3) amended by No. 29 of 1994, s. 14 ]Where an appeal is brought under this section in respect of the variation of the provisions of a certified forest practices plan made by the Board pursuant to section 22 , the variation shall not have effect until the determination or withdrawal of the appeal or until such other date as the Tribunal may determine.

(3A)  [Section 25 Subsection (3A) amended by No. 23 of 1999, Sched. 2, Applied:01 Jul 1999] [Section 25 Subsection (3A) inserted by No. 29 of 1994, s. 14 ]Where an appeal is brought under this section in respect of the revocation of a certified forest practices plan pursuant to section 24A , the revocation does not take effect until the determination or withdrawal of the appeal or until such other date as the Tribunal may determine.

(4)  [Section 25 Subsection (4) amended by No. 29 of 1994, s. 14 ]In the determination of an appeal under this section, the Tribunal, unless it dismisses the appeal, may quash the decision of the Board and direct the Board to take such action as it considers necessary.

25A.   Certificate of compliance

[Section 25A Inserted by No. 23 of 1999, s. 23, Applied:01 Jul 1999] [Section 25A Substituted by No. 113 of 2001, s. 9, Applied:01 Jan 2002] If the Board certifies a forest practices plan under section 19 , the person who applied for the certification of that plan must, within 30 days after the expiration of the period during which forest practices were authorised to be carried out under the plan, lodge a statement, in a form approved by the Board, stating –

(a) whether or not the plan has been complied with; and

(b) in the case of a plan that enables tree ferns to be harvested, the number of tree ferns harvested; and

(c) any other particulars the Board considers appropriate.

Penalty:  Fine not exceeding 10 penalty units.

26.   Non-application of other Acts to certified forest practices plan

[Section 26 Amended by No. 23 of 1999, Sched. 2, Applied:01 Jul 1999] Any Act prescribed in the regulations and the prescribed provisions of any Act prescribed in the regulations shall not apply to or affect anything contained in a certified forest practices plan in so far as that plan relates to a private timber reserve.

Division 2 - Three-year plans

27.   Three-year plans

(1)  [Section 27 Subsection (1) amended by No. 29 of 1994, s. 35 and Sched. 1 ]Any person who, as at 1st May in a year, has harvested or caused to be harvested more than 100 000 tonnes of timber in Tasmania in the immediately preceding period of 12 months and such other persons as may be prescribed shall, not later than 1st June in that year, lodge with the Board a plan (in this Act referred to as a "three-year plan") for the period of 3 years commencing on 1st July next following containing the details referred to in subsection (2) .

(1A)  [Section 27 Subsection (1A) inserted by No. 23 of 1999, s. 24, Applied:01 Jul 1999] If the Board is able to determine in advance that a person is likely to be subject to the requirements of subsection (1) , it may consult with and advise that person on the information to be included in the three-year plan and on the presentation of that information having regard to the relevant land tenures and harvesting operations.

(2)  [Section 27 Subsection (2) amended by No. 23 of 1999, s. 24, Applied:01 Jul 1999] A three-year plan is to contain information with respect to –

(a) [Section 27 Subsection (2) amended by No. 23 of 1999, s. 24, Applied:01 Jul 1999] the location or locations of the land from which timber is intended to be harvested; and

(b) the approximate volumes of timber intended to be harvested from each location; and

(c) [Section 27 Subsection (2) amended by No. 23 of 1999, s. 24, Applied:01 Jul 1999] the routes by which it is proposed to transport the timber harvested out of each location; and

(d) [Section 27 Subsection (2) amended by No. 23 of 1999, s. 24, Applied:01 Jul 1999] the reafforestation measures that are proposed for the location or locations from which timber is intended to be harvested –

in each of the 3 years specified in the plan.

(3)  [Section 27 Subsection (3) amended by No. 29 of 1994, s. 35 and Sched. 1 ]A person referred to in subsection (1) shall, if required by the Board to do so, provide such further particulars in relation to the three-year plan as the Board requires within such further period as the Board specifies.

(4)  [Section 27 Subsection (4) amended by No. 29 of 1994, s. 35 and Sched. 1 ]Where a person referred to in subsection (1) fails to lodge a three-year plan with the Board by the date referred to in that subsection, or, having lodged such a plan, fails to provide further particulars requested by the Board pursuant to subsection (3) within the period specified by the Board, the Board may –

(a) [Section 27 Subsection (4) amended by No. 23 of 1999, s. 24, Applied:01 Jul 1999] where that person is harvesting timber in accordance with a certified forest practices plan or certified forest practices plans, suspend the operation of all or any of those plans; or

(b) [Section 27 Subsection (4) amended by No. 23 of 1999, Sched. 3, Applied:01 Jul 1999] [Section 27 Subsection (4) amended by No. 23 of 1999, s. 24, Applied:01 Jul 1999] where that person has submitted a forest practices plan for certification pursuant to section 18 , refuse to consider that plan for certification –

until a three-year plan has been lodged, or, as the case may be, the further particulars are supplied, by that person.

(5)  [Section 27 Subsection (5) amended by No. 29 of 1994, s. 35 and Sched. 1 ]Where a three-year plan is lodged with the Board the person referred to in subsection (1) shall cause a summary of the plan, which shall include details of –

(a) estimated tonnages of timber intended to be harvested and transported under the plan;

(b) the routes by which it is proposed to transport the timber out of each location; and

(c) such other matters as may be prescribed –

to be sent to each local authority exercising jurisdiction over any land through which it is proposed to transport the timber.

(6)  [Section 27 Subsection (6) amended by No. 29 of 1994, s. 35 and Sched. 1 ]Where a three-year plan is varied –

(a) as a result of a decision made by the Board in accordance with section 28 (4) ; or

(b) in accordance with section 28 (7)  –

the person referred to in subsection (1) shall cause a summary of the variations to be sent to those local authorities referred to in subsection (5) .

28.   Power of Board to call conference for purpose of varying three-year plan

(1)  [Section 28 Subsection (1) amended by No. 29 of 1994, s. 15 ]Where the Board, after considering the effect of 2 or more three-year plans lodged by different persons, is of the opinion that more effective use of routes for the transportation of timber could be achieved or that the plans indicate an excessive concentration of harvesting in a particular location, it may arrange for a conference to be held between it, any person who may be invited to attend the conference pursuant to subsection (2) , and the persons who lodged those plans for the purpose of varying those plans.

(2)  [Section 28 Subsection (2) amended by No. 29 of 1994, s. 15 ]The Board may invite a representative of any local authority and the owner of any land from which timber is intended to be harvested to attend a conference arranged by it under subsection (1) .

(3)  [Section 28 Subsection (3) amended by No. 29 of 1994, s. 15 ]Where a person who lodged a plan fails without reasonable excuse to attend a conference arranged by the Board under subsection (1) , the Board may –

(a) [Section 28 Subsection (3) amended by No. 23 of 1999, s. 25, Applied:01 Jul 1999] where that person is harvesting timber in accordance with a certified forest practices plan or certified forest practices plans, suspend the operation of all or any of those plans; or

(b) [Section 28 Subsection (3) amended by No. 23 of 1999, Sched. 3, Applied:01 Jul 1999] [Section 28 Subsection (3) amended by No. 23 of 1999, s. 25, Applied:01 Jul 1999] where that person has submitted a forest practices plan for certification pursuant to section 18 , refuse to consider that plan for certification –

until that person attends a conference arranged by it.

(4)  [Section 28 Subsection (4) amended by No. 29 of 1994, s. 15 ]The Board may, at the conference arranged by it under subsection (1) , make a decision requesting a person attending the conference to vary the proposals in a three-year plan lodged by him in order to make better use of routes for the transportation of timber or to reduce the concentration of harvesting in a particular location.

(5)  [Section 28 Subsection (5) amended by No. 29 of 1994, s. 15 ]In making a decision to request the variation of a three-year plan under subsection (4) , the Board shall take into account the cost to be incurred by the person who lodged the three-year plan in implementing that plan in accordance with the variation.

(6)  [Section 28 Subsection (6) amended by No. 29 of 1994, s. 15 ]Where a person fails without reasonable excuse to vary the proposals specified in the three-year plan lodged by him in accordance with the request of the Board, the Board may –

(a) [Section 28 Subsection (6) amended by No. 23 of 1999, s. 25, Applied:01 Jul 1999] where that person is harvesting timber in accordance with a certified forest practices plan or certified forest practices plans, suspend the operation of all or any of those plans; or

(b) [Section 28 Subsection (6) amended by No. 23 of 1999, Sched. 3, Applied:01 Jul 1999] [Section 28 Subsection (6) amended by No. 23 of 1999, s. 25, Applied:01 Jul 1999] where the person has submitted a forest practices plan for certification pursuant to section 18 , refuse to consider that plan for certification –

until that person varies the proposals in that plan in the manner requested by the Board.

(7)  [Section 28 Subsection (7) amended by No. 29 of 1994, s. 15 ]The Board may approve or refuse to approve the variation of a three-year plan at any time.

29.   Aggrieved person may appeal to Tribunal

(1)  [Section 29 Subsection (1) amended by No. 29 of 1994, s. 35 and Sched. 1 ]A person who lodged a three-year plan with the Board or an owner of land who is aggrieved by –

(a) the Board's decision to request the person to vary the proposals in the three-year plan; or

(b) the Board's decision to refuse to approve the variation of the three-year plan –

may appeal to the Tribunal.

(2)  [Section 29 Subsection (2) amended by No. 29 of 1994, s. 35 and Sched. 1 ]An appeal under this section shall be instituted by giving written notice to the registrar within a period of 28 days after –

(a) the Board making the request, in the case of an appeal against the Board's decision to make a request referred to in subsection (1) (a) ; or

(b) the Board refusing to approve the variation, in the case of an appeal against the Board's decision to refuse to approve the variation of a three-year plan.

(3)  [Section 29 Subsection (3) amended by No. 29 of 1994, s. 35 and Sched. 1 ]Where an appeal is brought under this section in respect of the Board's decision to request a person to vary the proposals in a three-year plan lodged by the person, and the Board has imposed one of the sanctions referred to in section 28 (6) , the sanction shall not have effect until the determination or withdrawal of the appeal or until such later date as the Tribunal may determine.

(4)  [Section 29 Subsection (4) amended by No. 29 of 1994, s. 35 and Sched. 1 ]In the determination of an appeal under this section, the Tribunal, unless it dismisses the appeal, may quash the decision of the Board and direct the Board to take such action as it considers necessary, including the lifting of any sanction that may have been imposed under section 28 (6) .

PART IV - Forest Practices Code

30.   Issue of Forest Practices Code

(1)  [Section 30 Subsection (1) amended by No. 29 of 1994, s. 35 and Sched. 1 ]The Board shall, after consulting with Private Forests Tasmania, issue a draft Code on the conduct of forest practices.

(2)  [Section 30 Subsection (2) amended by No. 29 of 1994, s. 35 and Sched. 1 ]When the Board issues the draft Code referred to in subsection (1) it shall cause a notice that the draft Code has been so issued to be published in the Gazette and in the daily newspapers published in this State.

(3)  [Section 30 Subsection (3) amended by No. 29 of 1994, s. 35 and Sched. 1 ]A notice referred to in subsection (2) shall –

(a) specify the places where the draft Code may be purchased or inspected;

(b) invite submissions with respect to the draft Code from the public for consideration by the Board; and

(c) specify that the submissions have to be received by the Board within the period of 60 days after the publication of the notice in the newspaper.

(4)  Any person may, without payment of a fee, inspect the draft Code at the places specified in the notice referred to in subsection (2) .

(5)  [Section 30 Subsection (5) amended by No. 29 of 1994, s. 35 and Sched. 1 ]The Board shall, after consulting with Private Forests Tasmania and considering any public submissions received under this section with respect to the draft Code, issue a Code to be called the Forest Practices Code.

(6)  [Section 30 Subsection (6) amended by No. 29 of 1994, s. 35 and Sched. 1 ]When the Board issues the Code referred to in subsection (5) , it shall cause a notice that the Code has been so issued to be published in the Gazette and in the daily newspapers published in this State.

(7)  A notice referred to in subsection (6)  –

(a) shall specify the date on which the Forest Practices Code shall take effect; and

(b) shall specify the places where the Forest Practices Code may be purchased or inspected.

(8)  Any person may, without payment of a fee, inspect the Forest Practices Code at the places specified in the notice referred to in subsection (6) .

(9)  The notices referred to in subsections (2) and (6) are not statutory rules within the meaning of the Rules Publication Act 1953 .

31.   Purpose, &c., of Forest Practices Code

(1)  The Forest Practices Code shall prescribe the manner in which forest practices shall be conducted so as to provide reasonable protection to the environment.

(2)  Without limiting the generality of subsection (1) , the Forest Practices Code shall prescribe the manner in which the following forest practices shall be conducted:

(a) the establishment and maintenance of forests including standards to be complied with in the restocking of land with trees;

(b) [Section 31 Subsection (2) amended by No. 110 of 2001, s. 10, Applied:01 Jan 2002] the harvesting of timber or the clearing of trees;

(c) [Section 31 Subsection (2) amended by No. 110 of 2001, s. 10, Applied:01 Jan 2002] the construction of roads and other works connected with the establishment of forests, the clearing of trees or the growing or harvesting of timber.

(3)  Without limiting the generality of subsection (1) , the provision of reasonable protection to the environment includes landscape management and the control of soil erosion.

(4)  The Forest Practices Code may apply generally or in specified areas or may apply differently according to such factors as may be specified in the Code or according to such limitations or restrictions, whether as to time or circumstance or otherwise, as may be so specified.

(5)  The Forest Practices Code may authorize any matter or thing to be from time to time determined, applied, or regulated by a forest practices officer.

32.   Amendment, &c., of Forest Practices Code

(1)  [Section 32 Subsection (1) amended by No. 29 of 1994, s. 16 ]The Board, after consulting with Private Forests Tasmania, the Council and the Forestry corporation, may amend the Forest Practices Code or rescind the Forest Practices Code and issue a new Forest Practices Code in substitution for the rescinded Code.

(2)  [Section 32 Subsection (2) amended by No. 29 of 1994, s. 16 ]A person may, in writing, request the Board to amend the Forest Practices Code.

(3)  [Section 32 Subsection (3) amended by No. 29 of 1994, s. 16 ]Where the Board intends to amend the Forest Practices Code, it shall cause a notice containing the prescribed particulars to be published in the daily newspapers published in this State.

(4)  [Section 32 Subsection (4) amended by No. 29 of 1994, s. 16 ]For the purposes of subsection (3) , prescribed particulars means –

(a) notification of the Board's intention to amend the Forest Practices Code;

(b) a brief description of the effect of the proposed amendments;

(c) a statement to the effect that –

(i) [Section 32 Subsection (4) amended by No. 23 of 1999, s. 26, Applied:01 Jul 1999] the amendments to the Forest Practices Code proposed to be made by the Board are set forth in a document kept at the office of the Board and may be inspected at that office by any person without payment of a fee; and

(ii) objections to the amendments referred to in subparagraph (i) may be lodged with the Board by the date specified in the notice, being a date not earlier than 60 days after the date on which the notice is published in the newspaper; and

(d) such other particulars as the Board considers necessary.

33.   Objection to amendment, &c., of Forest Practices Code

(1)  [Section 33 Subsection (1) amended by No. 29 of 1994, s. 35 and Sched. 1 ]Any person who wishes to object to the amendment of the Forest Practices Code which the Board intends to make, may, at any time before the expiration of the period of 60 days after the notice referred to in section 32 is published in accordance with that section, lodge with the Board an objection in writing to the amendments intended to be made by the Board.

(2)  [Section 33 Subsection (2) amended by No. 29 of 1994, s. 35 and Sched. 1 ]An objection lodged under subsection (1) may not be entertained by the Board unless –

(a) it specifies the ground of the objection; and

(b) it has been lodged with the Board before the expiration of the period referred to in that subsection.

(3)  [Section 33 Subsection (3) amended by No. 29 of 1994, s. 35 and Sched. 1 ]The Board shall, after considering any objections that are lodged with it in accordance with subsection (1) , publish a notice in the Gazette specifying the amendment to the Forest Practices Code.

(4)  A notice published in accordance with subsection (3) shall specify the date on which the amendment of the Forest Practices Code shall take effect.

(5)  A notice referred to in subsection (3) is not a statutory rule within the meaning of the Rules Publication Act 1953 .

PART V - Forest Practices Tribunal

34.   Forest Practices Tribunal

(1)  For the purposes of this Act there shall be established a Tribunal to be known as the Forest Practices Tribunal.

(2)  [Section 34 Subsection (2) amended by No. 42 of 1991, s. 129 ]The Tribunal shall be appointed by the Governor and shall consist of –

(a) such number of barristers or legal practitioners as the Governor considers necessary who have practised as barristers or legal practitioners for not less than 5 years;

(b) such number of persons as the Governor considers necessary who possess a sound and practical knowledge of forestry, road construction in forests, and harvesting of timber; and

(c) such number of persons as the Governor considers necessary who possess tertiary qualifications in the sciences appropriate to land and forest management and have had substantial practical experience in those sciences; and

(d) such number of persons as the Governor considers necessary who possess a sound knowledge of, and have at least 5 years practical experience in, agriculture and forestry; and

(e) such number of persons as the Governor considers necessary who possess a sound knowledge of, and have at least 5 years practical experience in, conservation science.

(2A)  [Section 34 Subsection (2A) inserted by No. 42 of 1991, s. 129 ][Section 34 Subsection (2A) amended by No. 29 of 1994, s. 17 ]A person is not qualified to be appointed as a member of the Tribunal under subsection (2) (d) or (e) unless –

(a) in the case of subsection (2) (d)  – that person has been nominated for membership by Private Forests Tasmania; and

(b) [Section 34 Subsection (2A) amended by No. 64 of 2002, Sched. 1, Applied:31 Dec 2002] in the case of subsection (2) (e)  – that person has been nominated for membership by the Minister administering the Nature Conservation Act 2002 .

(3)  The Governor may appoint one of the persons referred to in subsection (2) (a) to be chief chairman of the Tribunal and another of the persons referred to in subsection (2) (a) to be deputy chief chairman of the Tribunal.

(4)  The deputy chief chairman shall act as chief chairman during any period when the chief chairman is absent or unable, whether on account of illness or otherwise, to perform the duties of his office, or when the office of chief chairman is vacant.

(5)  The deputy chief chairman shall, while acting as chief chairman, have all the powers and functions of the chief chairman.

(6)  The jurisdiction, powers, and duties conferred or imposed on the Tribunal by this Act shall be exercised or performed by divisions of the Tribunal.

(7)  [Section 34 Subsection (7) amended by No. 42 of 1991, s. 129 ]Except as provided by subsection (7A) , a division shall consist of 3 persons nominated by the chief chairman from the panel of persons referred to in subsection (2) , of whom –

(a) one shall be a person referred to in subsection (2) (a) ;

(b) one shall be a person referred to in subsection (2) (b) ; and

(c) one shall be a person referred to in subsection (2) (c) .

(7A)  [Section 34 Subsection (7A) inserted by No. 42 of 1991, s. 129 ]If, in the opinion of the chief chairman, an appeal under section 25 will, or is likely to, involve any question relating to the protection of rare or endangered species of flora or fauna, the division that hears and determines the appeal is to consist of 3 persons nominated by the chief chairman from the panel of persons referred to in subsection (2) , of whom –

(a) one is to be a person referred to in subsection (2) (a) ; and

(b) one is to be a person referred to in subsection (2) (d) ; and

(c) one is to be a person referred to in subsection (2) (e) .

(8)  The chief chairman may nominate himself or the deputy chief chairman as the member of a division required to be nominated from the persons referred to in subsection (2) (a) .

(9)  Where –

(a) the chief chairman nominates himself as a member of a division, he shall act as chairman of the division; or

(b) the chief chairman does not nominate himself as a member of a division, the member of the division nominated from the persons referred to in subsection (2) (a) shall act as chairman of the division.

(10)  The chief chairman and the deputy chief chairman are entitled to be paid such remuneration (including travelling and subsistence allowances) as the Governor may from time to time determine in respect of them.

(11)  The members of a division are entitled to be paid such remuneration (including travelling and subsistence allowances) as the Governor may from time to time determine in respect of them.

(12)  Schedule 2 has effect with respect to membership of the Tribunal.

35.   Registry of the Forest Practices Tribunal

[Section 35 Substituted by No. 29 of 1994, s. 18 ]

(1)  [Section 35 Subsection (1) amended by No. 23 of 1999, s. 27, Applied:01 Jul 1999] There is to be established and maintained in the office of the Board a Registry of the Forest Practices Tribunal at which all the records of the Tribunal are to be kept.

(2)  [Section 35 Subsection (2) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 35 Subsection (2) substituted by No. 23 of 1999, s. 27, Applied:01 Jul 1999] A person appointed or employed pursuant to section 4L is to be appointed as registrar to the Registry of the Tribunal and that person may hold that office in conjunction with State Service employment.

(3)  [Section 35 Subsection (3) omitted by No. 23 of 1999, s. 27, Applied:01 Jul 1999] .  .  .  .  .  .  .  .  

36.   Procedure on receipt of an appeal

(1)  On receipt of an appeal under this Act, the registrar shall notify the chief chairman who shall nominate members of the panel referred to in section 34 (2) to constitute a division for the purposes of hearing the appeal and shall advise the registrar of the members so nominated.

(2)  The registrar shall advise the parties to the appeal of the members of the panel referred to in section 34 (2) who are nominated by the chief chairman to constitute a division for the purposes of hearing the appeal.

(3)  [Section 36 Subsection (3) amended by No. 29 of 1994, s. 35 and Sched. 1 ]The Board shall be deemed to be a party to all proceedings before the Tribunal.

(4)  A party to an appeal may, by notice in writing served on the registrar or by such other manner as may be prescribed, object to the nomination of a member of the panel referred to in section 34 (2) to constitute the division for the purposes of hearing the appeal.

(5)  The registrar shall forward an objection received by him pursuant to subsection (4) to the chief chairman.

(6)  The chief chairman may, on receipt of an objection referred to in subsection (5) , replace the person in respect of whom the objection was made with another person referred to in section 34 (2) (a) , (b) , or (c) , as the case may require, or refuse to alter the members of the panel nominated by him to constitute the division, and shall notify the registrar of his decision.

(7)  The registrar shall notify the parties to the appeal of the decision of the chief chairman made pursuant to subsection (6) .

37.   Procedure, &c., of Tribunal

(1)  The Tribunal may be constituted at any time and at any place in Tasmania.

(2)  The registrar shall notify all parties to the appeal of the time and place at which the appeal is to be heard.

(3)  The chairman of the Tribunal may, by notice in writing served on any person, summon that person to give evidence on the hearing of an appeal by the Tribunal or to produce documents or records in his possession or under his control at the hearing.

(4)  [Section 37 Subsection (4) amended by No. 29 of 1994, s. 36 and Sched. 2 ]Any person who, without reasonable excuse, fails to comply with a summons served on him under subsection (3) is guilty of an offence and is liable on summary conviction to a fine not exceeding 5 penalty units.

(5)  For the purposes of hearing and determining an appeal before it, the Tribunal may take evidence on oath or affirmation and, for those purposes, the chairman of the Tribunal may administer an oath or affirmation.

(6)  The Tribunal may join any person as a party to proceedings before the Tribunal.

(7)  A party to proceedings before the Tribunal is, at those proceedings, entitled to tender evidence to the Tribunal and to examine any other person who tenders evidence in those proceedings.

(8)  A party to proceedings before the Tribunal is not entitled to be represented by a barrister or a legal practitioner.

(9)  In the hearing of an appeal before the Tribunal –

(a) the procedure of the Tribunal is, subject to this Part, within the discretion of the Tribunal;

(b) the Tribunal shall observe the rules of natural justice;

(c) the proceedings shall be conducted with as little formality and technicality, and with as much expedition, as a proper consideration of the matter before the Tribunal permits;

(d) the Tribunal may admit any relevant evidence notwithstanding that the evidence would not be admissible in a court of law;

(e) the Tribunal may inform itself on any matter as it thinks fit.

(10)  The Tribunal may adjourn its proceedings from time to time or from place to place and may determine an appeal notwithstanding that the appellant has failed to appear before the Tribunal at the time and place fixed for the hearing.

(11)  A decision of a majority of the members of the Tribunal shall be a decision of the Tribunal.

(12)  The Tribunal shall, in making a determination under this Act, have regard to the financial effect of its determination on the parties to the appeal.

(13)  The Tribunal may make such order as to costs as it thinks necessary.

(14)  The Tribunal shall give its decision in respect of an appeal in such manner as it may determine.

(15)  The registrar shall cause a copy of the Tribunal's decision in respect of an appeal to be served on each of the parties to the appeal within 7 days of its determination of the appeal.

(16)  [Section 37 Subsection (16) amended by No. 29 of 1994, s. 35 and Sched. 1 ]The Board shall comply with any directions given to it by the Tribunal.

(17)  The decision of the Tribunal in respect of an appeal under this Act is final.

PART VA - Forest Practices Advisory Council

[Part VA Inserted by No. 29 of 1994, s. 19 ]

37A.   Forest Practices Advisory Council

[Section 37A Inserted by No. 29 of 1994, s. 19 ]

(1)  A Forest Practices Advisory Council is established.

(2)  [Section 37A Subsection (2) substituted by No. 23 of 1999, s. 28, Applied:01 Jul 1999] The Council consists of –

(a) the chairperson of the Board, or that person's nominee; and

(b) a person with knowledge of the State's resource management and planning system, nominated by the Secretary of the responsible Department in relation to the Environmental Management and Pollution Control Act 1994 ; and

(c) a person with knowledge of administration and legislation in relation to private forests, nominated by Private Forests Tasmania; and

(d) a person with knowledge of administration and legislation in relation to multiple use forests, nominated by the Forestry corporation; and

(e) a person with expertise in, and experience of, forest issues in relation to harvesting and processing; and

(f) a person with expertise in, and experience of, forest issues in relation to forest conservation; and

(g) a person with expertise in, and experience of, tree growing on private land.

(3)  [Section 37A Subsection (3) substituted by No. 23 of 1999, s. 28, Applied:01 Jul 1999] The members referred to in subsection (2)(b) , (c) , (d) , (e) , (f) and (g) are appointed by the Minister.

(4)  The person referred to in subsection (2) (a) is chairperson of the Council.

(5)  [Section 37A Subsection (5) omitted by No. 23 of 1999, s. 28, Applied:01 Jul 1999] .  .  .  .  .  .  .  .  

(6)  [Section 37A Subsection (6) omitted by No. 23 of 1999, s. 28, Applied:01 Jul 1999] .  .  .  .  .  .  .  .  

(7)  [Section 37A Subsection (7) omitted by No. 23 of 1999, s. 28, Applied:01 Jul 1999] .  .  .  .  .  .  .  .  

(8)  [Section 37A Subsection (8) omitted by No. 23 of 1999, s. 28, Applied:01 Jul 1999] .  .  .  .  .  .  .  .  

(9)  [Section 37A Subsection (9) omitted by No. 23 of 1999, s. 28, Applied:01 Jul 1999] .  .  .  .  .  .  .  .  

(10)  [Section 37A Subsection (10) omitted by No. 23 of 1999, s. 28, Applied:01 Jul 1999] .  .  .  .  .  .  .  .  

(11)  Schedule 5 has effect with respect to membership of the Council.

(12)  Schedule 6 has effect with respect to meetings of the Council.

37B.   Objective of Council

[Section 37B Inserted by No. 29 of 1994, s. 19 ]

(1)  The Council is part of the State's forest practices system, the objective of which is set out in Schedule 7 .

(2)  The Council is to act in all matters in a manner that best advances the objective of the State's forest practices system.

37C.   Functions of Council

[Section 37C Inserted by No. 29 of 1994, s. 19 ]The Council has the following functions:

(a) to advise the Board on the review of this Act and the Forest Practices Code;

(b) to advise the Board on the quality, relevance and cost effectiveness of forest practices administration, operations and research;

(c) to advise the Board on financial matters including the self-funding of forest practices;

(d) to promote discussion within government and the forestry industry, and by land owners and land users, of forest practices issues.

37D.   Committees

[Section 37D Inserted by No. 29 of 1994, s. 19 ]The Council may establish committees of its members for the purpose of advising it on any matter related to its functions.

PART VI - Miscellaneous

38.   Appointment of officers for purposes of Act

(1)  [Section 38 Subsection (1) amended by No. 29 of 1994, s. 20 ]The Board may appoint any person employed by the Forestry corporation, any person employed by a body corporate which has an involvement in forest practices in Tasmania, or any person whom it regards as being suitably qualified, to be an officer for the purposes of this Act.

(2)  [Section 38 Subsection (2) amended by No. 29 of 1994, s. 20 ]Notwithstanding subsection (1) , a body corporate that is required by section 27 (1) to lodge a three-year plan with the Board is, while it is operating under a three-year plan, entitled to have at least one suitably qualified person nominated by it appointed by the Board to be an officer for the purposes of this Act.

(3)  A person appointed under this section may hold office as an officer for the purposes of this Act in conjunction with any other office or appointment held by that person.

(4)  [Section 38 Subsection (4) amended by No. 29 of 1994, s. 20 ]A person appointed under this section shall perform such functions as may be specified in the instrument of his appointment and such other functions as the Board may from time to time determine.

(5)  [Section 38 Subsection (5) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] A person appointed under this section is not, by virtue of his appointment for the purposes of this Act, subject to the State Service Act 2000 .

(6)  [Section 38 Subsection (6) omitted by No. 29 of 1994, s. 20 ].  .  .  .  .  .  .  .  

(7)  [Section 38 Subsection (7) omitted by No. 29 of 1994, s. 20 ].  .  .  .  .  .  .  .  

39.   Forest practices officers

(1)  [Section 39 Subsection (1) amended by No. 29 of 1994, s. 21 ]Subject to this section, the Board –

(a) may, in the case of a person for the time being appointed as an officer under section 38 (1) ; and

(b) shall, in the case of a person for the time being appointed as an officer under section 38 (2)  –

by warrant signed by the chairperson of the Board authorize the person to be a forest practices officer for the purposes of this Act.

(2)  [Section 39 Subsection (2) added by No. 29 of 1994, s. 21 ]The Board may, by notice in writing, revoke a warrant authorizing a person to be a forest practices officer for the purpose of this Act and, upon service of the notice on that person, the authorization is revoked.

(3)  [Section 39 Subsection (3) added by No. 29 of 1994, s. 21 ]For the purposes of subsection (2) , the Board may at any time revoke the authorization of a person to be a forest practices officer for any reason it considers sufficient and, without limiting the generality of this, the Board may revoke any such authorization on the grounds that the person concerned –

(a) has been negligent or not diligent in performing the duties and exercising the powers of a forest practices officer; or

(b) has been convicted of an offence against the Forestry Act 1920 or this Act; or

(c) has been convicted, in Tasmania or elsewhere, of an offence involving dishonesty; or

(d) is physically or mentally incapable of adequately performing the duties or exercising the powers of a forest practices officer.

(4)  [Section 39 Subsection (4) added by No. 29 of 1994, s. 21 ]A forest practices officer may at any time, by notice in writing to the Board, surrender his or her authorization as such officer.

(5)  [Section 39 Subsection (5) added by No. 29 of 1994, s. 21 ]A forest practices officer does not incur any personal liability for any act done or purported or omitted to be done by that officer acting as such in good faith under this Act.

39A.   

[Section 39A Inserted by No. 29 of 1994, s. 22 ][Section 39A Repealed by No. 23 of 1999, s. 29, Applied:01 Jul 1999] .  .  .  .  .  .  .  .  

40.   Powers, &c., of forest practices officers

(1)  For the purposes of this Act, a forest practices officer, on production of his warrant of authorization as such, may at any reasonable time and with such assistants as he considers necessary enter and remain –

(a) [Section 40 Subsection (1) amended by No. 23 of 1999, Sched. 4, Applied:01 Jul 1999] on any land on which forest practices are being carried out, to ensure that the forest practices are being carried out in accordance with the certified forest practices plan relating to that land or to ensure that the provisions of this Act are being complied with; or

(ab) [Section 40 Subsection (1) amended by No. 23 of 1999, s. 30, Applied:01 Jul 1999] on any land on which, in the reasonable opinion of the forest practices officer, forest practices appear to have been carried out, to determine whether those forest practices were in fact carried out and, if so, whether they were carried out in accordance with certified forest practices plans relating to that land or the provisions of this Act were complied with; or

(b) on any private timber reserve to ensure that the reserve is being used for establishing forests, or growing or harvesting timber.

(2)  For the purposes of this Act, a forest practices officer, on production of his warrant of authorization as such, may at any reasonable time request any person associated with the forest practices carried out on land referred to in subsection (1) (a) or on a private timber reserve –

(a) to produce any record or document which relates to any forest practices carried out on that land or reserve; and

(b) to answer any question relating to any such record or document or the forest practices carried out on that land or reserve.

(3)  [Section 40 Subsection (3) amended by No. 29 of 1994, s. 36 and Sched. 2 ]Any person who –

(a) prevents or attempts to prevent a forest practices officer from exercising any power conferred on him by subsection (1) or (2) ;

(b) hinders or obstructs a forest practices officer in the exercise of any such power; or

(c) fails to comply with a request of a forest practices officer under subsection (2)  –

is guilty of an offence and is liable on summary conviction to a fine not exceeding 5 penalty units or to imprisonment for a term not exceeding 3 months, or both.

(4)  A person is not guilty of an offence under subsection (3) (c) by reason of his failure to answer any question referred to in subsection (2) (b) if he proves to the satisfaction of the court before which he is prosecuted for the offence that he did not know, and could not with reasonable diligence have ascertained, the answer to the question.

(5)  [Section 40 Subsection (5) amended by No. 29 of 1994, s. 23 ]A person is not excused from answering any question if required to do so under subsection (2) on the ground that the answer might tend to incriminate him or make him liable to a penalty, but, except in a case to which subsection (6) applies, the information provided by him shall not be admissible against him in any proceedings, civil or criminal.

(6)  [Section 40 Subsection (6) inserted by No. 29 of 1994, s. 23 ]Information provided by a person in response to a question under subsection (2) is admissible against that person in any civil or criminal proceedings if and only if –

(a) the question is asked by the chief forest practices officer, or by an officer appointed under section 38 who is authorized under section 47 to make complaints under this Act; and

(b) the chief forest practices officer or that officer warns the person, before asking the question, that any information supplied in answer to the question is so admissible.

41.   Failure to comply with certified forest practices plan

(1)  [Section 41 Subsection (1) amended by No. 23 of 1999, Sched. 4, Applied:01 Jul 1999] [Section 41 Subsection (1) amended by No. 23 of 1999, s. 31, Applied:01 Jul 1999] Where in the opinion of a forest practices officer the provisions of a certified forest practices plan are not being complied with on any land to which the plan relates or the provisions of this Act have not been complied with he may, either orally or in writing, request the person apparently in charge of the forest practices carried out on that land to comply with the provisions of the certified forest practices plan or the provisions of this Act, as the case may be.

(1A)  [Section 41 Subsection (1A) inserted by No. 23 of 1999, s. 31, Applied:01 Jul 1999] A request under subsection (1) may be made –

(a) at any time while the relevant certified forest practices plan is in force; or

(b) at any time in the 12-month period immediately after the day on which the relevant certified forest practices plan ceases to be in force.

(2)  [Section 41 Subsection (2) amended by No. 23 of 1999, s. 31, Applied:01 Jul 1999] Where on a further inspection of the land referred to in subsection (1) the forest practices officer considers that his request referred to in that subsection has not been complied with within a reasonable period of time he may, by notice in writing personally served on the person apparently in charge of the forest practices carried out on that land, direct that person to do such one or more of the following as may be appropriate in the circumstances:

(a) cease the forest practices specified in the notice;

(b) [Section 41 Subsection (2) amended by No. 23 of 1999, s. 31, Applied:01 Jul 1999] where in the opinion of the officer it is practical and economically feasible to do so, repair any damage caused by the forest practices specified in the notice in the manner and within the period specified in the notice;

(c) carry out such other work as may be specified in the notice within the period specified in the notice.

(3)  A notice under subsection (2) shall, subject to section 42 (3) , take effect on such date as is specified in the notice, being a date not earlier than 2 days after the service of the notice on the person apparently in charge of the forest practices.

(4)  A person who is served with a notice under subsection (2) and who has not appealed to the Tribunal in respect of the notice pursuant to section 42 (1) shall comply with the directions contained in the notice in the manner and within the period specified in the notice.

(5)  [Section 41 Subsection (5) amended by No. 29 of 1994, s. 36 and Sched. 2 ]A person referred to in subsection (4) who fails to comply with the directions contained in a notice under subsection (2) in the manner and within the period specified in the notice is guilty of an offence and is liable on summary conviction to a fine not exceeding 100 penalty units.

(5A)  [Section 41 Subsection (5A) inserted by No. 29 of 1994, s. 24 ][Section 41 Subsection (5A) omitted by No. 23 of 1999, s. 31, Applied:01 Jul 1999] .  .  .  .  .  .  .  .  

(6)  [Section 41 Subsection (6) substituted by No. 29 of 1994, s. 24 ]Where a person referred to in subsection (4) fails to comply with a notice under subsection (2) in the manner and within the period specified in the notice, the chief forest practices officer may request any person to do either or both of the following:

(a) repair the damage referred to in subsection (2) (b) ;

(b) carry out the works specified in the notice.

(7)  [Section 41 Subsection (7) inserted by No. 29 of 1994, s. 24 ]A person who complies with a request under subsection (6) may, for that purpose, enter and remain on the land to which the notice referred to in that subsection relates.

(8)  [Section 41 Subsection (8) inserted by No. 29 of 1994, s. 24 ]The costs and expenses incurred by a person in repairing any damage or carrying out any work in compliance with a request made to that person by the chief forest practices officer under subsection (6) may be recovered in a court of competent jurisdiction as a debt due to that person from the person who failed to comply with the notice referred to in that subsection.

42.   Appeal to Tribunal by person aggrieved by notice served under section 41(2)

(1)  A person who is aggrieved by a notice served on him under section 41 (2) may, within 2 days after the date of service of that notice on him, appeal to the Tribunal.

(2)  An appeal under subsection (1) shall be instituted by giving written notice to the registrar or in such other manner as may be prescribed.

(3)  Where an appeal is brought under this section in respect of a notice, the notice shall not take effect until the determination or abandonment of the appeal or until such other date as the Tribunal may determine.

(4)  At the hearing of an appeal under this section, the Tribunal may confirm, modify, or cancel the notice referred to in section 41 (2) .

(5)  [Section 42 Subsection (5) amended by No. 29 of 1994, s. 36 and Sched. 2 ]A person referred to in subsection (1) who fails to comply with a notice as modified or confirmed by the Tribunal is guilty of an offence and is liable on summary conviction to a fine not exceeding 100 penalty units.

(5A)  [Section 42 Subsection (5A) inserted by No. 29 of 1994, s. 25 ][Section 42 Subsection (5A) omitted by No. 23 of 1999, s. 32, Applied:01 Jul 1999] .  .  .  .  .  .  .  .  

(6)  [Section 42 Subsection (6) substituted by No. 29 of 1994, s. 25 ]Where a person referred to in subsection (1) fails to comply with a notice under section 41 (2) , as modified or confirmed by the Tribunal, the chief forest practices officer may request any person to do either or both of the following:

(a) repair the damage referred to in section 41 (2) (b) ;

(b) carry out the works specified in the notice.

(7)  [Section 42 Subsection (7) inserted by No. 29 of 1994, s. 25 ]A person who complies with a request under subsection (6) may, for that purpose, enter and remain on the land to which the notice referred to in that subsection relates.

(8)  [Section 42 Subsection (8) inserted by No. 29 of 1994, s. 25 ]The costs and expenses incurred by a person in repairing any damage or carrying out any work in compliance with a request made to that person by the chief forest practices officer under subsection (6) may be recovered in a court of competent jurisdiction as a debt due to that person from the person who failed to comply with the notice referred to in that subsection.

43.   Delegation by Board

(1)  [Section 43 Subsection (1) substituted by No. 29 of 1994, s. 26 ]Subject to subsection (2) , the Board may delegate any of its functions or powers other than this power of delegation.

(2)  [Section 43 Subsection (2) amended by No. 29 of 1994, s. 26 ]The Board shall, by instrument in writing, delegate to any person for the time being appointed as an officer under section 38 (2) , the performance or exercise of the Board's functions and powers under Division 1 of Part III , and shall not revoke wholly or in part the delegation while he holds that appointment.

(3)  [Section 43 Subsection (3) omitted by No. 29 of 1994, s. 26 ].  .  .  .  .  .  .  .  

(4)  [Section 43 Subsection (4) omitted by No. 29 of 1994, s. 26 ].  .  .  .  .  .  .  .  

(5)  [Section 43 Subsection (5) omitted by No. 29 of 1994, s. 26 ].  .  .  .  .  .  .  .  

(6)  [Section 43 Subsection (6) omitted by No. 29 of 1994, s. 26 ].  .  .  .  .  .  .  .  

(7)  [Section 43 Subsection (7) omitted by No. 29 of 1994, s. 26 ].  .  .  .  .  .  .  .  

44.   Costs and expenses of Act

[Section 44 Substituted by No. 29 of 1994, s. 27 ]

(1)  The following costs and expenses incurred under this Act are to be paid out of money provided by Parliament for the purpose:

(a) the costs and expenses of carrying out an annual assessment and preparing a report under section 4E ;

(b) [Section 44 Subsection (1) amended by No. 23 of 1999, s. 33, Applied:01 Jul 1999] the costs and expenses of preparing an annual report under section 4X ;

(c) the costs and expenses of detecting and investigating contraventions of, or failures to comply with, this Act and the Forest Practices Code;

(d) the costs and expenses of making complaints and prosecuting offences under this Act;

(e) the amount of any compensation that is payable under section 16 (3) ;

(f) the remuneration, and any allowances or benefits, payable to the chief forest practices officer;

(g) the costs and expenses of administrative and other services and facilities that are necessary for the effective exercise of the powers, and the effective performance of the duties, of the chief forest practices officer;

(h) such other costs and expenses as are incurred in the exercise of the Board's powers or the performance of the Board's functions in respect of land other than Crown land.

(2)  Notwithstanding subsection (1) , any money not provided by Parliament which is at the Board's disposal may be applied towards the payment of any of the costs and expenses referred to in that subsection.

45.   False or misleading statements

[Section 45 Subsection (1) amended by No. 29 of 1994, s. 36 and Sched. 2 ]

(1)  [Section 45 Subsection (1) amended by No. 29 of 1994, s. 35 and Sched. 1 ]Subject to subsection (2) , a person who –

(a) makes an application under this Act;

(b) provides any particulars to the Board with respect to an application under this Act;

(c) makes an answer, whether orally or in writing, to a question put to him pursuant to this Act by the Board or by a forest practices officer; or

(d) lodges a plan or other document with the Board under this Act –

that is or are false or misleading in a material respect is guilty of an offence and is liable on summary conviction to a fine not exceeding 10 penalty units.

(2)  It is a defence to a charge under subsection (1) if it is proved that, at the time the application was made, the particulars with respect to the application were provided, the answer was given to the question, or the plan or other document was lodged, the defendant believed on reasonable grounds that the application, answer, plan, or other document was, or particulars were, neither false nor misleading.

45A.   Seal of Board

[Section 45A Inserted by No. 23 of 1999, s. 34, Applied:01 Jul 1999]

(1)  The seal of the Board is to be kept and used as authorised by the Board.

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

45B.    Land Acquisition Act 1993 does not apply

[Section 45B Inserted by No. 23 of 1999, s. 34, Applied:01 Jul 1999] The Board is not a public authority for the purposes of the Land Acquisition Act 1993 .

46.   Service of notices and other documents

[Section 46 Substituted by No. 29 of 1994, s. 28 ]

(1)  A notice, application or other document is effectively served under this Act if –

(a) in the case of a natural person, it is –

(i) given to the person; or

(ii) left at, or sent by post to, the person's postal or residential address or place or address of business or employment last known to the person required by this Act to serve the notice, application or other document; or

(iii) sent by way of facsimile to the person's facsimile number; and

(b) in the case of any other person, it is –

(i) left at, or sent by post to, the person's principal or registered office or principal place of business; or

(ii) sent by way of facsimile to the person's facsimile number.

(2)  [Section 46 Subsection (2) substituted by No. 23 of 1999, s. 35, Applied:01 Jul 1999] A notice, application or other document required by this Act to be served on the Board may be served on –

(a) the Board; or

(b) the chief forest practices officer.

47.   Proceedings and prosecutions

(1)  Notwithstanding anything in the Justices Act 1959 to the contrary, proceedings in respect of an offence against this Act may be commenced at any time within a period of 12 months after the time when the offence is alleged to have been committed.

(2)  [Section 47 Subsection (2) substituted by No. 29 of 1994, s. 29 ]A complaint in respect of an offence against this Act may be made by –

(a) the chief forest practices officer; or

(b) a police officer; or

(c) any other person who is authorized by the Board, in writing, to make complaints under this Act.

(3)  [Section 47 Subsection (3) substituted by No. 29 of 1994, s. 29 ]In the exercise of their powers and the performance of their functions under this section, the chief forest practices officer and the persons referred to in subsection (2) (c) are subject to the direction of the Board.

47A.   Recovery of costs for loss or damage

[Section 47A Inserted by No. 29 of 1994, s. 30 ]A court that convicts a person of an offence under section 17 (4) , 17 (5) , 21 (1) , 21 (3) , 41 (5) or 42 (5) may, in addition to any other penalty it may impose, order that person to pay to a person specified by the court –

(a) the cost of making good any damage done or any loss incurred by reason of the convicted person's act; and

(b) such other costs as the court considers appropriate.

47B.   Alternative to prosecution

[Section 47B Inserted by No. 29 of 1994, s. 30 ]

(1)  In this section, prescribed fine means a fine of an amount that the Board accepts is equal, or approximately equal, to twice the amount required to make good any damage done or any loss incurred by reason of the commission of an offence under this Act.

(2)  [Section 47B Subsection (2) amended by No. 23 of 1999, s. 36, Applied:01 Jul 1999] If the Board is satisfied that a person has committed an offence under section 17 (4) , 17 (5) , 21 (1) , 21 (3) , 41 (5) or 42 (5) , the Board may, upon payment of a prescribed fine by the alleged offender –

(a) cause any proceedings in respect of the alleged offence to be waived or discontinued; and

(b) if the alleged offence involves the unlawful harvesting of timber – allow the alleged offender or another person specified by the Board to retain the whole or any part of the timber that has allegedly been unlawfully harvested.

(3)  [Section 47B Subsection (3) substituted by No. 23 of 1999, s. 36, Applied:01 Jul 1999] The Board must establish and maintain a fund for the purposes of this section.

(4)  [Section 47B Subsection (4) inserted by No. 23 of 1999, s. 36, Applied:01 Jul 1999] Prescribed fines are to be paid into the fund and are, for the purposes of section 44(2) , taken to be at the disposal of the Board.

47C.   Vicarious liability

[Section 47C Inserted by No. 29 of 1994, s. 30 ]

(1)  If an offence is committed against section 17 (4) , 17 (5) , 21 (1) , 21 (3) , 41 (5) or 42 (5) by a person acting as the agent or servant of another person, the other person is, without prejudice to the liability of the agent or servant, liable under that section in the same manner and to the same extent as if he or she had committed the offence personally.

(2)  Notwithstanding subsection (1) , it is a defence for the other person referred to in that subsection to prove, on the balance of probabilities, that the offence was committed by the agent or servant without the person's knowledge or consent and that the person took reasonable precautions and exercised due diligence to prevent the agent or servant committing the offence.

47D.   Salvage of illegally harvested timber

[Section 47D Inserted by No. 23 of 1999, s. 37, Applied:01 Jul 1999]

(1)  If a person is found guilty or convicted of an offence under section 17(4) or (5) , section 21(1) or section 41(5) in relation to any timber, the Board, notwithstanding that the timber may have been harvested contrary to, or not in compliance with, the provisions of this Act or the Forest Practices Code, may allow another person to purchase or acquire that timber.

(2)  In determining whether or not to exercise its power under subsection (1) the Board may have regard to such matters as it thinks fit in the circumstances, but it must have regard to the following considerations:

(a) if the offender is the owner of the timber –

(i) the seriousness of the offence and the offender's record of compliance with the Act and the Forest Practices Code; and

(ii) the amount of any financial benefit likely to accrue to the offender if the Board exercises the power;

(b) the amount of any financial loss likely to be suffered by an innocent party if the Board does not exercise its power;

(c) the nature of the relationship between the offender, the owner of the land (if the owner is not the offender) and any timber processor or other person who has expressed an interest in buying or acquiring the timber;

(d) the quantity and quality of the timber;

(e) whether the timber is likely to be wasted if it is not sold or acquired;

(f) the regeneration or reafforestation requirements of the land on which the timber was harvested.

(3)  A timber processor or other person who purchases or acquires any timber pursuant to the exercise by the Board of its power under this section does not commit an offence against this Act or the Forest Practices Code by reason only of that purchase or acquisition.

(4)  This section has effect notwithstanding any other provision of this Act.

48.   Evidence

[Section 48 Substituted by No. 29 of 1994, s. 31 ]

(1)  In any proceedings under this Act, the production of a certificate purporting to be signed by the chairperson of the Board stating that, at a time or during a period specified in the certificate –

(a) a person specified in the certificate was or was not the chief forest practices officer; or

(b) a person specified in the certificate was or was not a forest practices officer; or

(c) a person specified in the certificate was or was not appointed under section 38 as an officer for the purposes of this Act; or

(d) a person specified in the certificate was authorized under this Act to take an action specified in the certificate; or

(e) [Section 48 Subsection (1) amended by No. 23 of 1999, Sched. 2, Applied:01 Jul 1999] there was or was not a certified forest practices plan in existence in respect of land described in the certificate; or

(f) land described in the certificate was a private timber reserve –

is evidence of the matter stated in the certificate.

(2)  For the purpose of subsection (1) (e) and (f) , land may be described by means of a verbal description or a plan, or both.

(3)  A certificate under subsection (1) may contain any one or more of the statements that may be made under that subsection.

49.   

[Section 49 Repealed by No. 29 of 1994, s. 32 ].  .  .  .  .  .  .  .  

50.   Regulations

(1)  [Section 50 Subsection (1) amended by No. 29 of 1994, s. 33 ]The Governor, on the recommendation of the Board, may make regulations for the purposes of this Act.

(2)  [Section 50 Subsection (2) amended by No. 29 of 1994, s. 33 ]The Board shall not make a recommendation to the Governor with respect to the making of regulations for the purposes of this Act until it has consulted with Private Forests Tasmania as to the subject-matter of the proposed regulations.

(3)  The regulations may be made subject to such conditions, or be made to apply differently according to such factors, as may be specified in the regulations or according to such limitations or restrictions, whether as to time or circumstance or otherwise, as may be so specified.

(4)  [Section 50 Subsection (4) amended by No. 29 of 1994, s. 36 and Sched. 2 ]The regulations may provide that it is an offence, punishable on summary conviction, for a person to contravene or fail to comply with any of the regulations and may provide in respect of any such offence for the imposition of a fine not exceeding 5 penalty units and where the offence is a continuing one, a further fine not exceeding 0·5 penalty units for each day during which the offence continues.

(5)  The regulations may authorize any matter or thing to be from time to time determined, applied, or regulated by any person specified in the regulations.

SCHEDULE 1 - Registration of Notices

Section 15

1.   Lodgement of notices

(1) A notice required to be registered under section 15 (1) shall be so registered by lodging with the Recorder –

(a) a copy of the notice; and

(b) particulars of the title to the land to which the notice relates.

(2) Where a notice has been lodged under subclause (1) , the Recorder shall record the notice on the folio of the Register constituting the title to the land to which the notice relates.

2.   Requirement to bring land under Land Titles Act 1980

(1) Where the whole or any part of the land referred to in clause 1 (1) (b) is not under the Land Titles Act 1980 , the Recorder shall bring under that Act so much of the land that is not under that Act by registering a qualified title to it in accordance with section 21 of that Act .

(2) Where part only of the land referred to in clause 1 (1) (b) to which a notice relates is required to be brought under the Land Titles Act 1980 by this clause, the Recorder shall issue a consolidated title to the whole of the land to which the notice relates and for that purpose may call in and cancel in accordance with section 163 of that Act the certificates of title to the parts of the land.

(3) The Recorder is not bound, for the purposes of subclause (1) , to investigate the title to any land.

3.   Particulars, &c., to be contained in notice

(1) A notice required to be registered under section 15 (2)  –

(a) shall contain particulars of the title of the area of land ceasing to be, or to form part of, a private timber reserve by virtue of the notice; and

(b) shall be so registered by lodging with the Recorder a copy of the notice.

(2) Where a notice has been lodged under subclause (1) , the Recorder shall record on the folio of the Register constituting the title to the area of land to which the notice relates that the area of land has ceased to be, or to form part of, the private timber reserve declared by the notice previously registered in respect of that private timber reserve.

4.   Exemption from registration fees

No fee is payable in respect of the registration of a notice in accordance with this Schedule.

5.   Interpretation

In this Schedule –

Recorder means the Recorder of Titles appointed and holding office under the Land Titles Act 1980 ;

Register has the same meaning as it has in the Land Titles Act 1980 .

SCHEDULE 2 - Provisions with Respect to Membership of Forest Practices Tribunal

Section 34 (12)

1.   Terms of office

(1) A member shall be appointed for such term, not exceeding 3 years, as is specified in the instrument of his appointment.

(2) A member shall be eligible for re-appointment for such term or terms, not exceeding 3 years, as is specified in the instrument of his re-appointment.

2.   Provisions relating to members

(1) Where, by or under any Act, provision is made requiring the holder of an office to devote the whole of his time to the duties of his office, that provision shall not operate to disqualify him from holding that office and also the office as a member of the Tribunal or from accepting and retaining any remuneration payable to a member under this Act.

(2) The office of a member shall not, for the purposes of any Act, be deemed to be an office of profit under the Crown.

3.    State Service Act 2000 not to apply

[Schedule 2 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] The provisions of the State Service Act 2000 shall not apply to or in respect of the appointment of a member and a member shall not, in his capacity as such a member, be subject to the provisions of that Act during his term of office.

4.   Vacation of office

(1) The office of a member becomes vacant –

(a) when he dies;

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

(c) if he becomes liable to be detained under the Mental Health Act 1963 in a hospital, being a hospital within the meaning of section 3 (1) of that Act ;

(d) if he is convicted in this State of an offence which is punishable by imprisonment for 12 months or upwards, or if he is convicted elsewhere than in this State of an offence which, if committed in this State, would be a crime or an offence so punishable, or has been convicted, whether in this State or elsewhere, of a crime or offence for which he has been sentenced to imprisonment;

(e) if he is convicted of an offence against this Act;

(f) if he resigns his office by writing under his hand addressed to the Governor and the Governor accepts the Resignation; or

(g) if he is removed from office by the Governor under subclause (2) .

(2) The Governor may remove amember from office for misbehaviour or incompetence.

5.   Filling of casual vacancies

On the occurrence of a vacancy in the office of a member, the Governor may appoint a person to the vacant office for the balance of his predecessor's term of office.

SCHEDULE 3 - Provisions with Respect to Membership of Board

[Schedule 3 Inserted by No. 29 of 1994, s. 34 ]

Section 4A (3)

1.   Interpretation

[Schedule 3 Amended by No. 23 of 1999, s. 38, Applied:01 Jul 1999] In this Schedule –

appointed member means a member of the Board referred to in section 4A(1)(d) or (e) ;

member means a member of the Board and includes the chairperson.

1A.   Term of appointment

[Schedule 3 Amended by No. 23 of 1999, s. 38, Applied:01 Jul 1999] An appointed member is to be appointed for such term, not exceeding 3 years, as is specified in the member's instrument of appointment and, if otherwise qualified, is eligible for reappointment.

2.   Holding other office

The holder of an office who is required under any Act to devote the whole of his or her time to the duties of that office is not disqualified from –

(a) holding that office and also the office of a member; or

(b) accepting any remuneration payable to a member.

2A.   Termination of appointment

[Schedule 3 Amended by No. 23 of 1999, s. 38, Applied:01 Jul 1999] The Minister may terminate the appointment of an appointed member if the member –

(a) is absent from 4 consecutive meetings of the Board without the permission of the Board; or

(b) becomes mentally or physically incapable of performing the duties of a member; or

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

(d) is convicted, in Tasmania or elsewhere, of an offence punishable by imprisonment for 2 years or longer; or

(e) is convicted of an offence against this Act or the Forestry Act 1920 ; or

(f) fails, without reasonable excuse, to comply with the obligations referred to in clause 5 .

2B.   Resignation

[Schedule 3 Amended by No. 23 of 1999, s. 38, Applied:01 Jul 1999] An appointed member may resign by signed notice given to the Minister.

3.   Remuneration of members

(1) A member is entitled to be paid such remuneration, including travelling and subsistence allowances, as the Minister determines.

(2) [Schedule 3 Amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] A member of the Board who is a State Service officer or State Service employee is not entitled to remuneration under subclause (1) except with the approval of the Minister administering the State Service Act 2000 .

4.   Validity of proceedings

(1) An act or proceeding of the Board or of a person acting under the direction of the Board is not invalid by reason only that at the time when the act or proceeding was done, taken or commenced there was a vacancy in the membership of the Board.

(2) An act or proceeding of the Board or of a person acting under the direction of the Board is valid even if a person was disqualified from acting as, or incapable of being, a member.

5.   Disclosure of interests

(1) If –

(a) [Schedule 3 Amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004] a member or the spouse or partner of a member has a direct or indirect pecuniary interest in a matter being considered, or about to be considered, by the Board; and

(b) the interest could conflict with the proper performance of the member's duties in relation to consideration of the matter –

the member, as soon as practicable after the relevant facts come to the member's knowledge, must disclose the nature of the interest to a meeting of the Board.

(2) A disclosure under subclause (1) is to be recorded in the minutes of the meeting and, unless the Board otherwise determines, the member is not to –

(a) be present during any deliberation of the Board in relation to the matter; or

(b) take part in any decision of the Board in relation to the matter.

(3) For the purpose of making a determination under subclause (2) in relation to a member who has made a disclosure under subclause (1) , a member who has a direct or indirect pecuniary interest in the matter to which the disclosure relates is not to –

(a) be present during any deliberation of the Board for the purpose of making the determination; or

(b) take part in making the determination.

(4) [Schedule 3 Amended by No. 45 of 2003, Sched. 1, Applied:01 Jan 2004] In this clause,

partner means the person with whom a person is in a personal relationship, within the meaning of the Relationships Act 2003 .

6.   Presumptions

In any proceedings, unless evidence is given to the contrary, proof is not required of –

(a) the constitution of the Board; or

(b) any resolution of the Board; or

(c) the presence of a quorum at any meeting of the Board.

SCHEDULE 4 - Provisions with Respect to Meetings of Board

[Schedule 4 Inserted by No. 29 of 1994, s. 34 ]

Section 4A (4)

1.   Interpretation

In this Schedule, member means a member of the Board and, unless the contrary intention is shown, includes the chairperson.

2.   Meetings

A meeting of the Board may be convened at any time by the chairperson or by any 2 members.

3.   Procedure at meetings

(1) Three members form a quorum at any duly convened meeting of the Board.

(2) Any duly convened meeting of the Board at which a quorum is present is competent to transact any business of the Board.

(3) Questions arising at a meeting of the Board are to be determined by a majority of votes of the members present and voting.

(4) In the event of an equality of votes on a question arising at a meeting of the Board the question stands adjourned until the next meeting.

4.   Chairperson

(1) The chairperson of the Board is to preside at all meetings of the Board at which he or she is present.

(2) If the chairperson is not present at a meeting of the Board a member elected by the members present is to preside at that meeting.

5.   Minutes

The Board is to keep minutes of its proceedings.

6.   General procedures

Subject to this Schedule, the procedure for the calling of, and for the conduct of business at, meetings of the Board is as determined by the Board.

SCHEDULE 5 - Provisions with Respect to Membership of Council

[Schedule 5 Inserted by No. 29 of 1994, s. 34 ]

Section 37A (11)

1.   Interpretation

[Schedule 5 Amended by No. 23 of 1999, s. 39, Applied:01 Jul 1999] In this Schedule, appointed member means a member of the Council referred to in section 37A(2)(b) , (c) , (d) , (e) or (f) .

2.   Term of appointment

An appointed member is to be appointed for such term, not exceeding 3 years, as is specified in the member's instrument of appointment and, if otherwise qualified, is eligible for re-appointment.

3.   Holding other office

The holder of an office who is required under any Act to devote the whole of his or her time to the duties of that office is not disqualified from holding that office and also the office of a member.

4.   Termination of appointment

The Minister may terminate the appointment of an appointed member if the member –

(a) is absent from 4 consecutive meetings of the Council without the permission of the Council; or

(b) becomes mentally or physically incapable of performing the duties of a member; or

(c) becomes bankrupt, applies to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounds with the member's creditors or makes an assignment of the member's remuneration or estate for that benefit; or

(d) is convicted, in Tasmania or elsewhere, of an offence punishable by imprisonment for 2 years or longer; or

(e) is convicted of an offence against this Act or the Forestry Act 1920 .

5.   Resignation

An appointed member may resign by signed notice given to the Minister.

6.   Validity of proceedings

(1) An act or proceeding of the Council is not invalid by reason only that at the time when the act or proceeding was done, taken or commenced there was a vacancy in the membership of the Council.

(2) An act or proceeding of the Council is valid even if –

(a) the appointment of a member was defective; or

(b) an appointed member was disqualified from acting as, or incapable of being, a member.

SCHEDULE 6 - Provisions with Respect to Meetings of Council

[Schedule 6 Inserted by No. 29 of 1994, s. 34 ]

Section 37A (12)

1.   Interpretation

In this Schedule, member means a member of the Council and, unless the contrary intention is shown, includes the chairperson.

2.   Meetings

(1) Subject to subclause (2) , a meeting of the Council may be convened at any time by the chairperson or by any 2 members.

(2) The Council must hold not less than 3 meetings in each financial year.

3.   Procedure at meetings

(1) Four members form a quorum at any duly convened meeting of the Council.

(2) Any duly convened meeting of the Council at which a quorum is present is competent to transact any business of the Council.

(3) Questions arising at a meeting of the Council are to be determined by a majority of votes of the members present and voting.

(4) In the event of an equality of votes on a question arising at a meeting of the Council the question stands adjourned until its next meeting.

4.   Chairperson

(1) The chairperson of the Council is to preside at all meetings of the Council at which he or she is present.

(2) If the chairperson is not present at a meeting of the Council a member elected by the members present is to preside at that meeting.

5.   Minutes

The Council is to keep minutes of its proceedings.

6.   General procedures

Subject to this Schedule, the procedure for the calling of, and for the conduct of business at, meetings of the Council is as determined by the Council.

SCHEDULE 7 - Objective of the Forest Practices System of Tasmania

[Schedule 7 Inserted by No. 29 of 1994, s. 34 ]

Sections 4B and 37B

The objective of the State's forest practices system is to achieve sustainable management of Crown and private forests with due care for the environment while delivering, in a way that is as far as possible self-funding –

(a) an emphasis on self-regulation; and

(b) planning before forest operations; and

(c) [Schedule 7 Amended by No. 23 of 1999, s. 40, Applied:01 Jul 1999] delegated and decentralized approvals for forest practices plans and other forest practices matters; and

(d) a forest practices code which provides practical standards for forest management, timber harvesting and other forest operations; and

(e) an emphasis on consultation and education; and

(f) provision for the rehabilitation of land in cases where the forest practices code is contravened; and

(g) an independent appeal process; and

(h) through the declaration of private timber reserves – a means by which private land holders are able to ensure the security of their forest resources.