Public Land (Administration and Forests) Act 1991

Public Land (Administration and Forests) Act 1991

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

Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:

PART 1 - Preliminary

1.   Short title

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

2.   Commencement

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

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

3.   Act to bind Crown

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

PART 2 - Public Land Use Commission

Division 1 - Preliminary

4.   Interpretation of Part

In this Part, unless the contrary intention appears –[Section 4 Amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998]

[Section 4 Amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] [Section 4 Amended by No. 28 of 2009, s. 47, Applied:01 Sep 2009] Commission means the Tasmanian Planning Commission established under the Tasmanian Planning Commission Act 1997 ;

[Section 4 Amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] Commissioner means the chairperson of the Commission;

public land means land in the State vested in –

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

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

(c) a body corporate –

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

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

and includes –

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

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

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

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

Division 2 - Functions of Commission under this Act

[Division 2 of Part 2 Substituted by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998]

5.   Functions of Commission

[Section 5 Subsection (1) amended by No. 68 of 1993, s. 8 ][Section 5 Substituted by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] It is the function of the Commission under this Act, when required to do so by the Minister, to inquire into and to make recommendations on the use of public land.

6.   Policy to be followed by Commission

[Section 6 Substituted by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] It is the obligation of the Commission to make recommendations that will further the objectives set out in Schedule 1 .

7.   Matters to be addressed by Commission

[Section 7 Substituted by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] Before making a recommendation in respect of land, the Commission must, as far as practicable or subject to the terms of reference –

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

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

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

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

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

8.   

[Section 8 Repealed by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] .  .  .  .  .  .  .  .  

9.   

[Section 9 Repealed by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] .  .  .  .  .  .  .  .  

Division 3 - .  .  .  .  .  .  .  .  

[Division 3 of Part 2 Repealed by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998]

10.   

[Section 10 Repealed by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] .  .  .  .  .  .  .  .  

11.   

[Section 11 Repealed by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] .  .  .  .  .  .  .  .  

12.   

[Section 12 Repealed by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] .  .  .  .  .  .  .  .  

13.   

[Section 13 Repealed by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] .  .  .  .  .  .  .  .  

Division 4 - References to Commission

14.   Reference of public land to Commission

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

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

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

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

(a) the Gazette; and

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

seeking comments on the terms of the reference.

15.   Reference requirements

A reference –

(a) must set out –

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

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

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

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

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

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

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

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

16.   Notice varying or amending reference

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

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

(a) the Gazette; and

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

Division 5 - Reference procedure to be followed by Commission

17.   Affected Agency Group

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

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

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

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

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

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

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

18.   Reference panels may be established

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

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

(a) soil conservation, land rehabilitation and protection;

(b) conservation of natural and cultural resources;

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

(d) industry and commerce;

(e) management and commercial use of forest resources;

(f) mineral exploration and mining development;

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

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

(i) aquaculture and fisheries management.

19.   Other reference bodies

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

20.   Duty of Commission to inform itself

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

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

(a) must seek submissions from –

(i) the public; and

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

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

(b) may –

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

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

(iii) hold hearings.

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

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

21.   Background report to be prepared by Commission

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

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

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

22.   Request for submissions

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

(a) the Gazette; and

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

a notice that –

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

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

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

23.   

[Section 23 Repealed by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] .  .  .  .  .  .  .  .  

24.   

[Section 24 Repealed by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] .  .  .  .  .  .  .  .  

25.   

[Section 25 Repealed by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] .  .  .  .  .  .  .  .  

26.   

[Section 26 Repealed by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] .  .  .  .  .  .  .  .  

27.   Draft reports

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

28.   Public comments to be sought on reports

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

29.   Interim reports

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

30.   Commission to submit report to Minister

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

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

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

31.   Reports only to contain majority recommendations

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

32.   Reports to be tabled

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

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

33.   

[Section 33 Repealed by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] .  .  .  .  .  .  .  .  

34.   

[Section 34 Repealed by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] .  .  .  .  .  .  .  .  

Division 6 - .  .  .  .  .  .  .  .  

[Division 6 of Part 2 Repealed by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998]

35.   

[Section 35 Repealed by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] .  .  .  .  .  .  .  .  

36.   

[Section 36 Repealed by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] .  .  .  .  .  .  .  .  

37.   

[Section 37 Repealed by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] .  .  .  .  .  .  .  .  

38.   

[Section 38 Repealed by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] .  .  .  .  .  .  .  .  

39.   

[Section 39 Repealed by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] .  .  .  .  .  .  .  .  

40.   

[Section 40 Repealed by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] .  .  .  .  .  .  .  .  

41.   

[Section 41 Repealed by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] .  .  .  .  .  .  .  .  

42.   

[Section 42 Repealed by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] .  .  .  .  .  .  .  .  

43.   

[Section 43 Repealed by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] .  .  .  .  .  .  .  .  

44.   

[Section 44 Repealed by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] .  .  .  .  .  .  .  .  

Division 7 - .  .  .  .  .  .  .  .  

[Division 7 of Part 2 Repealed by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998]

45.   

[Section 45 Repealed by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] .  .  .  .  .  .  .  .  

46.   

[Section 46 Repealed by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] .  .  .  .  .  .  .  .  

47.   

[Section 47 Repealed by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] .  .  .  .  .  .  .  .  

48.   

[Section 48 Repealed by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] .  .  .  .  .  .  .  .  

Division 8 - Miscellaneous

49.   

[Section 49 Repealed by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] .  .  .  .  .  .  .  .  

50.   

[Section 50 Repealed by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] .  .  .  .  .  .  .  .  

51.   Regulations

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

PART 3 - Amendments of Forestry Act

Division 1 - Preliminary

52.   Interpretation of Part

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

Division 2 - Amendments

53.   

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

54.   

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

55.   

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

56.   

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

57.   

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

58.   

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

59.   

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

60.   

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

61.   

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

62.   

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

63.   

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

64.   

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

65.   

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

66.   

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

67.   

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

68.   

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

69.   

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

70.   

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

71.   

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

72.   

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

73.   

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

74.   

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

75.   

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

76.   

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

77.   

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

78.   

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

79.   

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

80.   

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

81.   

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

82.   

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

83.   

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

84.   

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

85.   

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

86.   

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

87.   

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

88.   

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

89.   

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

90.   

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

91.   

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

92.   

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

93.   

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

94.   

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

95.   

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

96.   

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

97.   

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

98.   

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

99.   

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

100.   

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

101.   

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

102.   

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

103.   

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

104.   

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

105.   

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

106.   

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

107.   

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

108.   

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

109.   

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

110.   

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

111.   

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

112.   

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

113.   

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

114.   

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

PART 4 - Amendment of National Parks and Wildlife Act

Division 1 - Preliminary

115.   Interpretation of Part

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

Division 2 - General Amendments

116.   

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

117.   

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

Division 3 - Conservation Covenants

118.   

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

PART 5 - Miscellaneous

Division 1 - Preliminary

119.   Interpretation of Part

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

Division 2 - Consequential amendments and repeals of other Acts

120.   Commencement of Division

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

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

[Section 120 Subsection (1) amended by No. 42 of 2001, Sched. 1, Applied:15 Jul 2001] Australian Newsprint Mills Limited means the company of that name incorporated under the Corporations Act (Australian Company Number 009 477 132) and having its registered office at Ground Floor, 21 Kirksway Place, Hobart in Tasmania;

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

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

[Section 120 Subsection (1) amended by No. 42 of 2001, Sched. 1, Applied:15 Jul 2001] Tasmanian Pulp & Forest Holdings Limited means the company of that name incorporated under the Corporations Act (Australian Company Number 009 488 733) and having its registered office at Triabunna in Tasmania.

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

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

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

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

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

121.   Schedule 2 repeal and amendments

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

(2)  See Part 2 of Schedule 2.

122.   Schedule 3 repeal and amendments

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

(2)  See Part 2 of Schedule 3.

[Uncommenced

123.   Schedule 4 amendments

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

]

124.   Schedule 5 amendments

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

(2)  Part 2 of Schedule 5 has effect.

125.   

See Schedule 6 .

126.   Schedule 7 repeals

The Acts specified in Schedule 7 are repealed.

Division 3 - Miscellaneous amendments of other Acts

127.   

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

(a) Boundary Fences Act 1908 ;

(b) Fire Service Act 1979 ;

(c) Forest Practices Act 1985 ;

(d) Mining Act 1929 ;

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

128.   

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

(a) Boundary Fences Act 1908 ;

(b) Fire Services Act 1985 ;

(c) Forest Practices Act 1979 ;

(d) Mining Act 1929 ;

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

129.   

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

(a) Boundary Fences Act 1908 ;

(b) Fire Services Act 1985 ;

(c) Forest Practices Act 1979 ;

(d) Mining Act 1929 ;

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

130.   

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

(a) Boundary Fences Act 1908 ;

(b) Fire Services Act 1985 ;

(c) Forest Practices Act 1979 ;

(d) Mining Act 1929 ;

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

131.   

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

(a) Boundary Fences Act 1908 ;

(b) Fire Services Act 1985 ;

(c) Forest Practices Act 1979 ;

(d) Mining Act 1929 ;

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

Division 4 - Land entered in the Register of Permanent Timber Production Zone Land

132.   Land entered in Register of Permanent Timber Production Zone Land

(1)  [Section 132 Subsection (1) amended by No. 7 of 2013, Sched. 9, Applied:03 Jun 2013] The land that is shown as permanent timber production zone land on each of the plans specified in the index map set out in Schedule 9 is, by virtue of this section, entered in the Register of Permanent Timber Production Zone Land.

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

133.   

[Section 133 Repealed by No. 55 of 2000, Sched. 1, Applied:14 Jul 2000] .  .  .  .  .  .  .  .  

Division 5 - Savings and transitional

134.   Savings and transitional provisions

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

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

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

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

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

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

(b) [Section 134 Subsection (3) amended by No. 55 of 2000, Sched. 1, Applied:14 Jul 2000] [Section 134 Subsection (3) amended by No. 7 of 2013, Sched. 9, Applied:03 Jun 2013] is shown as permanent timber production zone land on a Central Plan Register plan specified in the index map set out in Schedule 9 –

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

whichever first occurs.

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

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

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

135.   Interpretation

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

[Section 135 Amended by No. 55 of 2000, Sched. 1, Applied:14 Jul 2000] Douglas-Apsley National Park means the national park of that name specified in Schedule 1 to the proclamation made under sections 14 (1) and 15 (1) of the National Parks and Wildlife Act 1970 and notified in the Gazette as Statutory Rules 1989, No. 210 ;

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

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

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

(b) the Florentine Valley Paper Industry Act 1935 ;

(c) the Forestry Act 1920 ;

(d) the Forestry Act 1954 ;

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

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

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

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

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

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

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

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

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

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

136.   World Heritage Area not to include State forest

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

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

(a) dedicated as forest reserves; and

(b) specified in Part 1 of Schedule 8 .

137.   World Heritage Area not to include timber reserves

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

138.   Revocation of dedication of State forest

Any land that is within –

(a) the Douglas-Apsley National Park; or

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

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

139.   Revocation of dedication of Crown land as State reserve

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

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

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

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

(a) the World Heritage Area; or

(b) the Douglas-Apsley National Park; or

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

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

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

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

PART 7 - Administration of Act

141.   Administration of Act

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

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

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

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

SCHEDULE 1 - Objectives

Section 6

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

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

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

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

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

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

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

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

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

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

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

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

PART 2 - Objectives of the Commission

1.   The objectives of the Commission are –

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

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

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

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

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

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

SCHEDULE 2 - Act Repealed and Acts Amended

Section 121

PART 1 - Act Repealed

Forestry Act 1977 (No. 117 of 1977)

PART 2 - Acts Amended

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

(a) Forestry Act 1954 ;

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

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

SCHEDULE 3 - Act Repealed and Act Amended

Section 122

PART 1 - Act Repealed

Forestry Act 1954 (No. 49 of 1954)

PART 2 - Act Amended

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

SCHEDULE 4

Section 123

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

SCHEDULE 5 - Act Amended

Section 124

PART 1 - Act Amended

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

PART 2 - Revocation

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

SCHEDULE 6 - Act Amended

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

SCHEDULE 7 - Acts Repealed

Section 126

SCHEDULE 8 - Land Specified in Part 4

Sections 136, 138, 139 and 140

PART 1

1.   Drys Bluff Forest Reserve

The area of State forest containing about 680 hectares shown –

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

(b) named as the Drys Bluff Forest Reserve –

on Plan 1916 in the Central Plan Register.

2.   Meander Forest Reserve

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

3.   Liffey Forest Reserve

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

PART 2

1.   Crown land containing about 761 hectares shown –

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

(b) as Lot 1 –

on Plan 2322 in the Central Plan Register.

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

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

(a) bounded by a heavy black line; and

(b) as Lot 3 –

on Plan 2311 in the Central Plan Register.

PART 3

1.   Crown land containing about 7.9 hectares shown –

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

(b) as Lot A –

on Plan 1970 in the Central Plan Register.

2.   Crown land containing about 72 hectares shown –

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

(b) as Lot B –

on Plan 1970 in the Central Plan Register.

3.   Crown land containing about 5.6 hectares shown –

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

(b) as Lot C –

on Plan 1970 in the Central Plan Register.

SCHEDULE 9 - Index Map of Permanent Timber Production Zone Land Plans

[Schedule 9 Substituted by No. 55 of 2000, Sched. 1, Applied:14 Jul 2000]

Sections 132 and 134