Tasmania act

Forest Practices Act 1985

In ForceTAS

Jurisdiction

Tasmania

Act Number

48 of 1985

Collection

act

Plain English Summary

7/10 complexity

This Act establishes the Forest Practices Authority to approve, oversee and enforce certified forest practices plans authorising harvesting, clearing and related works on listed land (s4AA, s19, s20). It creates offences and penalties for non‑compliance, recurring reporting duties for the responsible person and procedural rights of appeal to the Tribunal (s21, s25A, s25, s42). Who pays and is regulated: applicants/responsible persons must apply, pay fees, lodge compliance and three‑year plans; the Authority may vary, suspend or revoke plans and exercise enforcement discretion (s5, s27, s22, s24A, s4G).

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What it does

The Forest Practices Act 1985 (Tas) is the primary Tasmanian legislation regulating the conduct of forest practices. It establishes the Forest Practices Authority, requires the production and certification of forest practices plans, mandates compliance with the Forest Practices Code, and creates a regulatory framework applicable to timber harvesting, forest establishment, tree clearing, and conversion on both private and public land in Tasmania.

The Act works through a plan certification requirement: before any responsible person carries out specified forest practices on land, they must have a certified forest practices plan in force for that land (section 17(4)). That plan must comply with the Forest Practices Code (the technical standard for operations), which is issued by the Authority under Part IV.

Main concepts

Forest practices (s 3): Activities on forest land or other land including timber harvesting, forest establishment, clearing of trees, conversion of land from forest to non-forest uses, and other prescribed activities.

Certified forest practices plan (s 3): A forest practices plan certified by the Forest Practices Authority and in force under the Act, including any plan varied in accordance with Part III.

Responsible person (s 17): A person is a responsible person in relation to land if they: (a) own the land and have not assigned their responsibilities; (b) have had the responsibilities assigned to them by the owner in writing under seal; (c) are a timber processor with an immediate right to process timber from that land; or (d) carry out or cause to be carried out forest practices on that land.

Current sections

Direct links to the current provisions in Forest Practices Act 1985.

124

Part I

Preliminary

Part I Preliminary

Short title

1 Short title

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

Commencement

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.

Interpretation

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] [Section 3 Subsection (1) amended by No. 55 of 2004, s. 4, Applied:01 Jul 2005]

[Section 3 Subsection (1) amended by No. 55 of 2004, s. 4, Applied:01 Jul 2005] Authority means the Forest Practices Authority;

[Section 3 Subsection (1) amended by No. 55 of 2004, s. 4, Applied:01 Jul 2005] Board means the Board of Directors of the Authority;

[Section 3 Subsection (1) amended by No. 23 of 1999, s. 4, Applied:01 Jul 1999] [Section 3 Subsection (1) amended by No. 55 of 2004, s. 4, Applied:01 Jul 2005] certified forest practices plan means a forest practices plan certified by the Authority and in force under this Act and includes a forest practices plan varied in accordance with Part III ;

[Section 3 Subsection (1) amended by No. 55 of 2004, s. 4, Applied:01 Jul 2005] [Section 3 Subsection (1) amended by No. 18 of 2021, s. 93, Applied:05 Nov 2021] [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] 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;

[Section 3 Subsection (1) amended by No. 25 of 2019, s. 5, Applied:07 Oct 2019] code of conduct means a code of conduct issued under section 40A(3) ;

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

[Section 3 Subsection (1) amended by No. 55 of 2004, s. 4, Applied:01 Jul 2005] [Section 3 Subsection (1) amended by No. 18 of 2021, s. 93, Applied:05 Nov 2021]

[Section 3 Subsection (1) amended by No. 55 of 2004, s. 4, Applied:01 Jul 2005] director means a director of the Board;

[Section 3 Subsection (1) amended by No. 55 of 2004, s. 4, Applied:01 Jul 2005] discrete operational phase, of a forest practices plan, means a forest practice or a part of a forest practice that is specifically identified in the plan as constituting a discrete operational phase, stage or component of the plan;

[Section 3 Subsection (1) amended by No. 18 of 2021, s. 93, Applied:05 Nov 2021]

[Section 3 Subsection (1) amended by No. 35 of 2006, s. 4, Applied:30 Apr 2007] exceptional circumstances, that may justify the clearance and conversion of a threatened native vegetation community, include the need to do one or more of the following:

(a) ensure the physical safety of an owner of land or the owner's relatives or employees;

(b) remove or reduce a bushfire risk;

(c) respond to a threat to the State's biosecurity;

(d) protect a rare, vulnerable or endangered species of flora or fauna;

(e) discharge a statutory obligation or comply with an order of a court;

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. 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] [Section 3 Subsection (1) amended by No. 110 of 2001, s. 4, Applied:01 Jan 2002] [Section 3 Subsection (1) amended by No. 35 of 2006, s. 4, Applied:30 Apr 2007] forest practices means –

(a) the processes involved in establishing forests, growing or harvesting timber, clearing trees or clearing and converting threatened native vegetation communities; and

(b) works (including the construction of roads and the development and operation of quarries) connected with establishing forests, growing or harvesting timber or clearing trees;

[Section 3 Subsection (1) amended by No. 55 of 2004, s. 4, Applied:01 Jul 2005] Forest Practices Code means the Forest Practices Code issued by the Authority 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]

[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 ;

[Section 3 Subsection (1) amended by No. 50 of 2013, Sched. 1, Applied:11 Dec 2013] Forestry corporation means the corporation of that name continued by section 6 of the Forest Management Act 2013 ;

[Section 3 Subsection (1) amended by No. 50 of 2013, Sched. 1, Applied:11 Dec 2013]

[Section 3 Subsection (1) amended by No. 50 of 2013, Sched. 1, Applied:11 Dec 2013] [Section 3 Subsection (1) amended by No. 19 of 2024, s. 4, Applied:02 Oct 2024] forestry right means any forestry right registered under the Forestry Rights Registration Act 1990 or continued under the Forest Management Act 2013 ;

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

[Section 3 Subsection (1) amended by No. 35 of 2006, s. 4, Applied:30 Apr 2007] native vegetation means vegetation of a species that existed in Tasmania, on land, before European settlement;

owner of land means –

(aa) [Section 3 Subsection (1) amended by No. 23 of 1999, s. 4, Applied:01 Jul 1999] [Section 3 Subsection (1) amended by No. 50 of 2013, Sched. 1, Applied:11 Dec 2013] in the case of Crown land that is permanent timber production zone land within the meaning of the Forest Management Act 2013 – 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;

[Section 3 Subsection (1) amended by No. 18 of 2021, s. 93, Applied:05 Nov 2021]

[Section 3 Subsection (1) amended by No. 18 of 2021, s. 93, Applied:05 Nov 2021] registrar means the Registrar, within the meaning of the Tasmanian Civil and Administrative Tribunal Act 2020 ;

[Section 3 Subsection (1) amended by No. 25 of 2019, s. 5, Applied:07 Oct 2019] rehabilitate, in relation to land to which a requirement, request or direction to rehabilitate the land relates, means to return the land, as far as reasonably practicable, to the condition that it was in before the occurrence of the damage, degradation, or alteration, to which the requirement, request or direction relates;

[Section 3 Subsection (1) amended by No. 25 of 2019, s. 5, Applied:07 Oct 2019] revegetate, in relation to land to which a requirement, request or direction to revegetate the land relates, means to sow seed, or plant seedlings, on the land so as to return the land to, as far as reasonably practicable, the state of vegetation on the land before the occurrence of the damage, degradation, or alteration, in relation to which the requirement, request or direction relates;

[Section 3 Subsection (1) amended by No. 25 of 2019, s. 5, Applied:07 Oct 2019] Secretary means the Secretary of the Department;

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

[Section 3 Subsection (1) amended by No. 35 of 2006, s. 4, Applied:30 Apr 2007] threatened native vegetation community has the same meaning as in the Nature Conservation Act 2002 ;

[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;

[Section 3 Subsection (1) amended by No. 18 of 2021, s. 93, Applied:05 Nov 2021]

[Section 3 Subsection (1) amended by No. 18 of 2021, s. 93, Applied:05 Nov 2021] Tribunal means the Tasmanian Civil and Administrative Tribunal.

(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.

Meaning of "clearance and conversion"

3A Meaning of "clearance and conversion"

[Section 3A Inserted by No. 35 of 2006, s. 5, Applied:30 Apr 2007]

(1) In this Act –

clearance and conversion, of a threatened native vegetation community, means the deliberate process of removing all or most of the threatened native vegetation community from an area of land and –

(a) leaving the area of land, on a permanent or extended basis, in an unvegetated state; or

(b) replacing the threatened native vegetation so removed, on a permanent or extended basis, with any, or any combination of, the following:

(i) another community of native vegetation;

(ii) non-native vegetation;

(iii) agricultural works;

(iv) residential, commercial or other non-agricultural development; or

(c) doing a combination of any of the things referred to in paragraphs (a) and (b) .

(2) To avoid doubt, a management practice does not constitute the clearance and conversion of a threatened native vegetation community from any land unless the management practice is carried out to deliberately remove, or carried out as part of a process to deliberately remove, all or most of the threatened native vegetation community from the land on a permanent or extended basis.

(3) In this section –

agricultural works includes, but is not limited to, the following:

(a) farm sheds and workshops;

(b) farm dams and irrigation facilities;

(c) farm storage and processing facilities;

(d) farm access roads and easements;

(e) farm fencing;

management practice means any of the following:

(a) applying fertilizer or changing the nature or scale of a fertilizer regime;

(b) burning off to reduce wildfire fuel;

(c) constructing fire-breaks;

(d) mowing, slashing or scything grasses or undergrowth;

(e) pruning, trimming or lopping vegetation for work safety purposes or to ensure the health of specific specimens of vegetation or vegetation communities;

(f) removing or controlling noxious weeds;

(g) grazing of livestock;

(h) harvesting of timber or other vegetation products;

remove means remove by any direct or indirect means or combination of means, including but not limited to the following:

(a) burning;

(b) clearfelling;

(c) cutting down;

(d) drowning;

(e) lopping;

(f) ploughing;

(g) poisoning;

(h) ringbarking;

(i) thinning;

(j) uprooting.

Act binds the Crown

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 Authority

Part 1A Forest Practices Authority

[Part 1A Heading amended by No. 55 of 2004, s. 5, Applied:01 Jul 2005] [Sections 4A - 4H Inserted by No. 29 of 1994, s. 5 ]

4AA

Forest Practices Authority

4AA Forest Practices Authority

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

(1) [Section 4AA Subsection (1) substituted by No. 55 of 2004, s. 6, Applied:01 Jul 2005] The body established under this section as in force immediately before the commencement of the Forest Practices Amendment (Administrative Reform) Act 2004 continues in existence, after that commencement, under the name "Forest Practices Authority".

(2) [Section 4AA Subsection (2) amended by No. 55 of 2004, s. 6, Applied:01 Jul 2005] The Authority –

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

(b) has a seal; and

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

Board of the Authority

4A Board of the Authority

[Section 4A Inserted by No. 29 of 1994, s. 5 ]**[Section 4A Subsection (1) amended by No. 37 of 1996, s. 3 and Sched. 1 ][Section 4A Subsection (1) amended by No. 23 of 1999, s. 6, Applied:01 Jul 1999] [Section 4A Subsection (1) amended by No. 23 of 1999, s. 6, Applied:01 Jul 1999] [Section 4A Subsection (1A) inserted by No. 23 of 1999, s. 6, Applied:01 Jul 1999] [Section 4A Subsection (1B) inserted by No. 23 of 1999, s. 6, Applied:01 Jul 1999] [Section 4A Subsection (1C) inserted by No. 23 of 1999, s. 6, Applied:01 Jul 1999] [Section 4A Subsection (1D) inserted by No. 23 of 1999, s. 6, Applied:01 Jul 1999] [Section 4A Subsection (1E) inserted by No. 23 of 1999, s. 6, Applied:01 Jul 1999] [Section 4A Subsection (1F) inserted by No. 23 of 1999, s. 6, Applied:01 Jul 1999] [Section 4A Substituted by No. 55 of 2004, s. 7, Applied:01 Jul 2005]

(1) The Authority has a Board of Directors consisting of –

(a) a person with expertise in public administration and in environmental or natural resource management and governance; and

(b) a person with applied knowledge and expertise in environmental or natural resource management; and

(c) a person with applied knowledge and expertise in sustainable forest management on private land; and

(d) a person with applied knowledge and expertise in sustainable forest management on public land; and

(e) a person with applied knowledge and expertise in community liaison and local government, from a municipal area in which forestry is a major land use; and

(f) a person with expertise in biological science or nature conservation; and

(g) the chief forest practices officer.

(2) The directors referred to in subsection (1)(a) , (b) , (c) , (d) , (e) and (f) are appointed by the Minister.

(3) The Minister is to ensure that one of the directors appointed under subsection (1)(c) and (d) has practical knowledge and experience in forest operations, including the harvesting and reforestation of forests.

(4) The director appointed under subsection (1)(a) is also, by virtue of that appointment, chairperson of the Board.

(5) The Board may elect a director referred to in subsection (1)(b) , (c) , (d) , (e) or (f) to be deputy chairperson of the Board.

(6) Schedule 3 has effect with respect to the directors.

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

4AB

Role of Board, &c.

4AB Role of Board, &c.

[Section 4AB Inserted by No. 55 of 2004, s. 7, Applied:01 Jul 2005]

(1) The Board is responsible for –

(a) the exercise and performance of the powers and functions of the Authority under this Act, consistent with the Authority's objectives; and

(b) ensuring that the financial affairs of the Authority are managed and conducted in accordance with sound business practice; and

(c) the exercise and performance of such other powers and functions as may be conferred or imposed on the Authority or the Board under this or any other Act.

(2) The Board has power to do all things necessary or convenient to be done in connection with the discharge of its responsibilities.

(3) Where in this Act the exercise or performance of a power or function of the Authority in relation to any matter is expressed to be dependent on an opinion, belief or state of mind of the Authority, the Authority is taken to have that opinion, belief or state of mind in relation to that matter if the Board has that opinion, belief or state of mind in relation to that matter.

Objective of Authority

4B Objective of Authority

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

(1) [Section 4B Subsection (1) amended by No. 55 of 2004, s. 8, Applied:01 Jul 2005] The Authority is part of the State's forest practices system, the objective of which is set out in Schedule 7 .

(2) [Section 4B Subsection (2) amended by No. 55 of 2004, s. 8, Applied:01 Jul 2005] The Authority is to act in all matters in a manner that –

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

(b) [Section 4B Subsection (2) amended by No. 7 of 2013, Sched. 9, Applied:03 Jun 2013] fosters a co-operative approach towards policy development and management in forest practices matters; and

(c) [Section 4B Subsection (2) amended by No. 7 of 2013, Sched. 9, Applied:03 Jun 2013] takes into account social, economic and environmental outcomes of its decision-making processes.

Functions of Authority

4C Functions of Authority

[Section 4C Inserted by No. 29 of 1994, s. 5 ][Section 4C Amended by No. 55 of 2004, s. 9, Applied:01 Jul 2005] The Authority 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;

(da) [Section 4C Amended by No. 25 of 2019, s. 6, Applied:07 Oct 2019] to issue and maintain codes of conduct;

(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;

(fb) [Section 4C Amended by No. 55 of 2004, s. 9, Applied:01 Jul 2005] [Section 4C Amended by No. 25 of 2019, s. 6, Applied:07 Oct 2019] to implement the Policy for Maintaining a Permanent Native Forest Estate, being the policy set out in the Regional Forest Agreement made between the State and the Commonwealth on 8 November 1997, as that Agreement is amended from time to time;

(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.

Powers of Authority

4D Powers of Authority

[Section 4D Amended by No. 55 of 2004, s. 10, Applied:01 Jul 2005] [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 Authority 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.

4DA

Matters to which the Authority is to have regard

4DA Matters to which the Authority is to have regard

[Section 4DA Amended by No. 50 of 2013, Sched. 1, Applied:11 Dec 2013] [Section 4DA Inserted by No. 7 of 2013, Sched. 9, Applied:03 Jun 2013] In performing its functions and exercising its powers under this Act, the Authority is to have regard to the obligations of the Forestry corporation under section 16 of the Forest Management Act 2013 whilst not diminishing the ongoing application of the Forest Practices Code.

Annual assessment of forest practices system

4E Annual assessment of forest practices system

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

(1) [Section 4E Subsection (1) amended by No. 55 of 2004, s. 11, Applied:01 Jul 2005] The Authority 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) [Section 4E Subsection (2) amended by No. 55 of 2004, s. 11, Applied:01 Jul 2005] The Authority must, as soon as practicable after completing the assessment, prepare a report of its findings.

(3) [Section 4E Subsection (3) amended by No. 55 of 2004, s. 11, Applied:01 Jul 2005] [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 Authority 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]

Monitoring and enforcement of Act and Forest Practices Code

4G Monitoring and enforcement of Act and Forest Practices Code

[Section 4G Inserted by No. 29 of 1994, s. 5 ][Section 4G Substituted by No. 55 of 2004, s. 12, Applied:01 Jul 2005]

(1) The Authority is responsible for –

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

(b) where it finds instances of non-compliance, causing appropriate enforcement action to be taken.

(2) To discharge its responsibility under subsection (1)(b) , the Authority may do any of the following:

(a) through the chief forest practices officer and other persons who it authorizes for the purpose, cause complaints to be made in respect of offences under this Act;

(b) for the offences referred to in section 47B , exercise the Authority's powers under that section;

(c) have forest practices officers investigate instances of suspected non-compliance, with a view to having the officers exercise their powers under section 41 ;

(d) take, or cause to be taken, any other enforcement measures that may be authorized by this or any other Act.

Committees

4H Committees

[Section 4H Inserted by No. 29 of 1994, s. 5 ][Section 4H Amended by No. 55 of 2004, s. 13, Applied:01 Jul 2005] The Authority may establish committees of its members for the purpose of advising it on any matter related to its functions or powers.

Chief forest practices officer

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. 55 of 2004, s. 14, Applied:01 Jul 2005] [Section 4J Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 4J Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] [Section 4J Subsection (1) amended by No. 86 of 2000, Sched. 1, Applied:01 May 2001] The Minister, on the recommendation of the Authority, 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) [Section 4J Subsection (4) amended by No. 55 of 2004, s. 14, Applied:01 Jul 2005] The Authority may recommend to the Minister that the appointment of a person as chief forest practices officer should be terminated if the Authority 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.

Role of chief forest practices officer

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) [Section 4K Amended by No. 55 of 2004, s. 15, Applied:01 Jul 2005] must perform any functions, and may exercise any powers, delegated to the chief forest practices officer by the Authority; 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.

Staff

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] [Section 4L Amended by No. 55 of 2004, s. 16, Applied:01 Jul 2005] Subject to and in accordance with the State Service Act 2000 , persons may be appointed or employed for the purposes of enabling the Authority to perform its functions or exercise its powers.

Part 1B

Finances of Authority

Part 1B Finances of Authority

[Part 1B Heading amended by No. 55 of 2004, s. 17, Applied:01 Jul 2005]

Funds of Authority

4M Funds of Authority

[Section 4M Amended by No. 55 of 2004, s. 18, Applied:01 Jul 2005] [Section 4M Inserted by No. 23 of 1999, s. 12, Applied:01 Jul 1999] The funds of the Authority 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) [Section 4M Amended by No. 55 of 2004, s. 18, Applied:01 Jul 2005] any money appropriated by Parliament for the purposes of the Authority; and

(d) [Section 4M Amended by No. 55 of 2004, s. 18, Applied:01 Jul 2005] any money received by the Authority from any other source.

Authorised deposit-taking institution accounts

4N Authorised deposit-taking institution accounts

[Section 4N Amended by No. 55 of 2004, s. 19, Applied:01 Jul 2005] [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 Authority may open and maintain such authorised deposit-taking institution accounts as it considers necessary.

Investment

4P Investment

[Section 4P Amended by No. 55 of 2004, s. 20, Applied:01 Jul 2005] [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 Authority 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.

Reserves

4Q Reserves

[Section 4Q Amended by No. 55 of 2004, s. 21, Applied:01 Jul 2005] [Section 4Q Inserted by No. 23 of 1999, s. 12, Applied:01 Jul 1999] The Authority may establish and maintain reserves.

Borrowing from Treasurer

4R Borrowing from Treasurer

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

(1) [Section 4R Subsection (1) amended by No. 55 of 2004, s. 22, Applied:01 Jul 2005] The Treasurer may lend to the Authority, 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) [Section 4R Subsection (3) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019] [Section 4R Subsection (3) amended by No. 55 of 2004, s. 22, Applied:01 Jul 2005] An amount lent under subsection (1) , and any interest or other charge payable in respect of the loan, is a debt repayable by the Authority into the Public Account.

Borrowing from person other than Treasurer

4S Borrowing from person other than Treasurer

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

(1) [Section 4S Subsection (1) amended by No. 55 of 2004, s. 23, Applied:01 Jul 2005] The Authority 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) [Section 4S Subsection (3) amended by No. 55 of 2004, s. 23, Applied:01 Jul 2005] The Authority 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) [Section 4S Subsection (4) amended by No. 55 of 2004, s. 23, Applied:01 Jul 2005] [Section 4S Subsection (4) amended by No. 55 of 2004, s. 23, Applied:01 Jul 2005] [Section 4S Subsection (4) amended by No. 55 of 2004, s. 23, Applied:01 Jul 2005] [Section 4S Subsection (4) omitted by No. 22 of 2023, s. 13, Applied:01 Jul 2023] .  .  .  .  .  .  .  .

(5) [Section 4S Subsection (5) omitted by No. 22 of 2023, s. 13, Applied:01 Jul 2023] .  .  .  .  .  .  .  .

(6) [Section 4S Subsection (6) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019] [Section 4S Subsection (6) omitted by No. 22 of 2023, s. 13, Applied:01 Jul 2023] .  .  .  .  .  .  .  .

(7) [Section 4S Subsection (7) amended by No. 4 of 2017, Sched. 1, Applied:01 Jul 2019] [Section 4S Subsection (7) amended by No. 55 of 2004, s. 23, Applied:01 Jul 2005] [Section 4S Subsection (7) omitted by No. 22 of 2023, s. 13, Applied:01 Jul 2023] .  .  .  .  .  .  .  .

Effect of Financial Agreement Act 1994

4T Effect of Financial Agreement Act 1994

[Section 4T Amended by No. 55 of 2004, s. 24, Applied:01 Jul 2005] [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 Authority to do or refrain from doing anything for the purpose of implementing the Agreement, within the meaning of that Act, the Authority must comply with that requirement.

Part 1C

Accounting records, financial statements and reports

Part 1C Accounting records, financial statements and reports

Accounting records

4U Accounting records

[Section 4U Amended by No. 55 of 2004, s. 25, Applied:01 Jul 2005] [Section 4U Inserted by No. 23 of 1999, s. 12, Applied:01 Jul 1999] The Authority 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) [Section 4U Amended by No. 55 of 2004, s. 25, Applied:01 Jul 2005] allows true and fair accounts of the Authority 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.

[Section 4V Inserted by No. 23 of 1999, s. 12, Applied:01 Jul 1999] [Section 4V Subsection (1) amended by No. 55 of 2004, s. 26, Applied:01 Jul 2005] [Section 4V Subsection (1) amended by No. 55 of 2004, s. 26, Applied:01 Jul 2005] [Section 4V Subsection (1) amended by No. 55 of 2004, s. 26, Applied:01 Jul 2005] [Section 4V Subsection (2) amended by No. 55 of 2004, s. 26, Applied:01 Jul 2005] [Section 4V Subsection (2) amended by No. 55 of 2004, s. 26, Applied:01 Jul 2005] [Section 4V Repealed by No. 50 of 2008, Sched. 2, Applied:01 Jul 2010]

4W.

[Section 4W Amended by No. 55 of 2004, s. 27, Applied:01 Jul 2005] [Section 4W Inserted by No. 23 of 1999, s. 12, Applied:01 Jul 1999] [Section 4W Amended by No. 50 of 2008, Sched. 1, Applied:01 Mar 2009] [Section 4W Repealed by No. 50 of 2008, Sched. 2, Applied:01 Jul 2010]

Annual report

4X Annual report

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

(1) [Section 4X Subsection (1) amended by No. 55 of 2004, s. 28, Applied:01 Jul 2005] The Authority must prepare an annual report for each financial year.

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

(a) [Section 4X Subsection (2) amended by No. 55 of 2004, s. 28, Applied:01 Jul 2005] the financial statements of the Authority for the financial year to which the annual report relates;

(b) [Section 4X Subsection (2) amended by No. 50 of 2008, Sched. 1, Applied:01 Mar 2009] a copy of the opinion of the Auditor-General in respect of the financial statements received under section 19 of the Audit Act 2008 ;

(c) [Section 4X Subsection (2) amended by No. 55 of 2004, s. 28, Applied:01 Jul 2005] a report on the operations and performance of the Authority during that financial year;

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

(e) [Section 4X Subsection (2) amended by No. 55 of 2004, s. 28, Applied:01 Jul 2005] any information relating to the Authority required by the Minister by written notice to the Authority to be included;

(f) [Section 4X Subsection (2) amended by No. 55 of 2004, s. 28, Applied:01 Jul 2005] [Section 4X Subsection (2) amended by No. 55 of 2004, s. 28, Applied:01 Jul 2005] any other information that the Authority considers is appropriate or necessary to properly inform the Minister and Parliament as to the performance and progress of the Authority during that financial year.

(3) [Section 4X Subsection (3) amended by No. 55 of 2004, s. 28, Applied:01 Jul 2005] The Authority must provide the annual report to the Minister and the Auditor-General.

Tabling of annual report

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.

State of the forests report

4Z State of the forests report

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

(1) [Section 4Z Subsection (1) amended by No. 55 of 2004, s. 29, Applied:01 Jul 2005] The Authority 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) [Section 4Z Subsection (3) amended by No. 55 of 2004, s. 29, Applied:01 Jul 2005] The Authority 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) [Section 4Z Subsection (4) amended by No. 55 of 2004, s. 29, Applied:01 Jul 2005] 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 Authority with that information.

4ZA

Forest practices report

4ZA Forest practices report

[Section 4ZA Inserted by No. 55 of 2004, s. 30, Applied:01 Jul 2005]

(1) The Authority must, not later than 30 November 2007 and not later than 30 November in each fifth year thereafter –

(a) review the operation of the State's forest practices system, including the provisions and operation of the Forest Practices Code; and

(b) give the Minister a written report on the outcome of the review.

(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.

Part II

Private timber reserves

Part II Private timber reserves

4ZB

Interpretation of Part

4ZB Interpretation of Part

[Section 4ZB Inserted by No. 19 of 2024, s. 5, Applied:02 Oct 2024]

(1) In this Part –

minor boundary extension means an extension to the boundary of an existing private timber reserve that would not result in –

(a) increasing the area of the private timber reserve by more than –

(i) 10% of the existing area; or

(ii) 40 hectares; or

(b) any part of the new boundary being within 50 metres of a neighbouring property.

(2) An extension to the boundary of a private timber reserve that would, but for this subsection, be a minor boundary extension is not a minor boundary extension for the purposes of this Part if an application for a minor boundary extension of that reserve has been approved in the previous 3 years.

Application to have land declared as private timber reserve

5 Application to have land declared as private timber reserve

(1) [Section 5 Subsection (1) amended by No. 55 of 2004, s. 31, Applied:01 Jul 2005] [Section 5 Subsection (1) amended by No. 55 of 2004, s. 31, Applied:01 Jul 2005] *[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 the person declared as a private timber reserve may make application to the Authority.

(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) [Section 5 Subsection (2) amended by No. 55 of 2004, s. 31, Applied:01 Jul 2005] be in writing in a form approved by the Authority;

(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. 55 of 2004, s. 31, Applied:01 Jul 2005] *[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 Authority to do so, provide such further particulars in relation to the application as the Authority requires.

(4) [Section 5 Subsection (4) amended by No. 55 of 2004, s. 31, Applied:01 Jul 2005] [Section 5 Subsection (4) amended by No. 55 of 2004, s. 31, Applied:01 Jul 2005] An applicant under this section shall, as soon as is practicable after making his or her application, notify all persons referred to in subsection (2) (c) that he or she has made an application referred to in subsection (1) .

Notice of application, &c.

6 Notice of application, &c.

(1) [Section 6 Subsection (1) amended by No. 19 of 2024, s. 6, Applied:02 Oct 2024] [Section 6 Subsection (1) amended by No. 55 of 2004, s. 32, Applied:01 Jul 2005] *[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 , other than for a minor boundary extension, the Authority is to 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) [Section 6 Subsection (2) amended by No. 55 of 2004, s. 32, Applied:01 Jul 2005] 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 Authority 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) [Section 6 Subsection (2) amended by No. 55 of 2004, s. 32, Applied:01 Jul 2005] such other particulars of the application as the Authority 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.

Objections to declaration of land as private timber reserve

7 Objections to declaration of land as private timber reserve

(1) [Section 7 Subsection (1) amended by No. 19 of 2024, s. 7, Applied:02 Oct 2024] [Section 7 Subsection (1) amended by No. 55 of 2004, s. 33, Applied:01 Jul 2005] [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, other than for a minor boundary extension, 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 Authority 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. 55 of 2004, s. 33, Applied:01 Jul 2005] *[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 Authority, 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) [Section 7 Subsection (2) amended by No. 55 of 2004, s. 33, Applied:01 Jul 2005] the objector has lodged the objection with the Authority 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. 55 of 2004, s. 33, Applied:01 Jul 2005] [Section 7 Subsection (3) amended by No. 55 of 2004, s. 33, Applied:01 Jul 2005] [Section 7 Subsection (3) amended by No. 55 of 2004, s. 33, Applied:01 Jul 2005] *[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 or her, submit in writing to the Authority any representations with respect to his or her 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.

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

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

(1) [Section 8 Subsection (1) amended by No. 55 of 2004, s. 34, Applied:01 Jul 2005] *[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 Authority 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

(ab) [Section 8 Subsection (1) amended by No. 19 of 2024, s. 8, Applied:02 Oct 2024] in the case of an application for a minor boundary extension, receiving the application; 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. 55 of 2004, s. 34, Applied:01 Jul 2005] *[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 Authority 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. 55 of 2004, s. 34, Applied:01 Jul 2005] *[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 Authority –

(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. 55 of 2004, s. 34, Applied:01 Jul 2005] [Section 8 Subsection (4) amended by No. 55 of 2004, s. 34, Applied:01 Jul 2005] *[Section 8 Subsection (4) amended by No. 29 of 1994, s. 35 and Sched. 1 ]*Where the Authority refuses an application made under section 5 , it shall forthwith, by notice in writing served on the applicant, inform him or her of the refusal and of the reasons for the refusal.

(5) [Section 8 Subsection (5) amended by No. 55 of 2004, s. 34, Applied:01 Jul 2005] [Section 8 Subsection (5) amended by No. 55 of 2004, s. 34, Applied:01 Jul 2005] *[Section 8 Subsection (5) amended by No. 29 of 1994, s. 35 and Sched. 1 ]*Where the Authority 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 or her of the granting of the application.

Appeal in respect of application under section 5

9 Appeal in respect of application under section 5

(1) [Section 9 Subsection (1) amended by No. 55 of 2004, s. 35, Applied:01 Jul 2005] *[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 Authority to grant the person's application, he or she may appeal to the Tribunal.

(2) [Section 9 Subsection (2) amended by No. 55 of 2004, s. 35, Applied:01 Jul 2005] *[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 Authority, 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. 55 of 2004, s. 35, Applied:01 Jul 2005] [Section 9 Subsection (6) amended by No. 29 of 1994, s. 35 and Sched. 1 ][Section 9 Subsection (6) omitted by No. 18 of 2021, s. 94, Applied:05 Nov 2021] . . . . . . . .

Declaration of land as private timber reserve

10 Declaration of land as private timber reserve

[Section 10 Amended by No. 29 of 1994, s. 35 and Sched. 1 ][Section 10 Amended by No. 55 of 2004, s. 36, Applied:01 Jul 2005] [Section 10 Amended by No. 55 of 2004, s. 36, Applied:01 Jul 2005] [Section 10 Amended by No. 55 of 2004, s. 36, Applied:01 Jul 2005] [Section 10 Amended by No. 55 of 2004, s. 36, Applied:01 Jul 2005] [Section 10 Amended by No. 18 of 2021, s. 95, Applied:05 Nov 2021] [Section 10 Substituted by No. 19 of 2024, s. 9, Applied:02 Oct 2024]

(1) Where –

(a) the Authority 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; or

(b) the Authority 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 Authority 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, under the Tasmanian Civil and Administrative Tribunal Act 2020 , quashes the decision of the Authority and directs the Authority to grant the application –

the Authority may, by notice published in the Gazette, declare the land to which the application relates as a private timber reserve.

(2) The Authority is to 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 .

11.

[Section 11 Subsection (1) amended by No. 55 of 2004, s. 37, Applied:01 Jul 2005] [Section 11 Subsection (1) amended by No. 29 of 1994, s. 35 and Sched. 1 ] [Section 11 Subsection (2) amended by No. 55 of 2004, s. 37, Applied:01 Jul 2005] [Section 11 Subsection (2) amended by No. 29 of 1994, s. 35 and Sched. 1 ] [Section 11 Repealed by No. 19 of 2024, s. 9, Applied:02 Oct 2024]

Effect of declaration of land as private timber reserve

12 Effect of declaration of land as private timber reserve

(1) [Section 12 Subsection (1) amended by No. 16 of 2005, s. 4, Applied:01 Jul 2005] *[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 Authority 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.

Revocation of private timber reserve at instigation of Authority

13 Revocation of private timber reserve at instigation of Authority

(1) [Section 13 Subsection (1) amended by No. 19 of 2024, s. 10, Applied:02 Oct 2024] [Section 13 Subsection (1) amended by No. 19 of 2024, s. 10, Applied:02 Oct 2024] [Section 13 Subsection (1) amended by No. 55 of 2004, s. 38, Applied:01 Jul 2005] [Section 13 Subsection (1) amended by No. 55 of 2004, s. 38, Applied:01 Jul 2005] *[Section 13 Subsection (1) amended by No. 29 of 1994, s. 6 ]*Where the Authority 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 Authority 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 or her that it intends to declare that the reserve or part of the reserve, as the case may be, is to cease to be, or cease to form part of, a private timber reserve.

(2) [Section 13 Subsection (2) amended by No. 19 of 2024, s. 10, Applied:02 Oct 2024] [Section 13 Subsection (2) amended by No. 55 of 2004, s. 38, Applied:01 Jul 2005] *[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 Authority referred to in that subsection, appeal to the Tribunal.

(3) [Section 13 Subsection (3) amended by No. 19 of 2024, s. 10, Applied:02 Oct 2024] An appeal under subsection (2) is to 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) [Section 13 Subsection (4) amended by No. 55 of 2004, s. 38, Applied:01 Jul 2005] [Section 13 Subsection (4) omitted by No. 18 of 2021, s. 96, Applied:05 Nov 2021] . . . . . . . .

(5) [Section 13 Subsection (5) amended by No. 19 of 2024, s. 10, Applied:02 Oct 2024] [Section 13 Subsection (5) amended by No. 19 of 2024, s. 10, Applied:02 Oct 2024] [Section 13 Subsection (5) amended by No. 55 of 2004, s. 38, Applied:01 Jul 2005] *[Section 13 Subsection (5) amended by No. 29 of 1994, s. 6 ]*Where –

(a) [Section 13 Subsection (5) amended by No. 55 of 2004, s. 38, Applied:01 Jul 2005] [Section 13 Subsection (5) amended by No. 19 of 2024, s. 10, Applied:02 Oct 2024] [Section 13 Subsection (5) amended by No. 19 of 2024, s. 10, Applied:02 Oct 2024] no appeal is lodged under subsection (2) within the period specified in subsection (3) in respect of the Authority's intention to declare that the private timber reserve or part of the private timber reserve referred to in subsection (1) is to cease to be, or cease to form part of, a private timber reserve; or

(b) [Section 13 Subsection (5) amended by No. 18 of 2021, s. 96, Applied:05 Nov 2021] an appeal is lodged under subsection (2) within the period specified in subsection (3) and the Tribunal dismisses the appeal under the Tasmanian Civil and Administrative Tribunal Act 2020 –

the Authority may declare, by notice published in the Gazette, that the reserve or part of the reserve, as the case may be, is to cease to be, or cease to form part of, a private timber reserve.

(6) [Section 13 Subsection (6) amended by No. 55 of 2004, s. 38, Applied:01 Jul 2005] [Section 13 Subsection (6) amended by No. 29 of 1994, s. 6 ][Section 13 Subsection (6) omitted by No. 19 of 2024, s. 10, Applied:02 Oct 2024] . . . . . . . .

(7) [Section 13 Subsection (7) amended by No. 19 of 2024, s. 10, Applied:02 Oct 2024] [Section 13 Subsection (7) amended by No. 19 of 2024, s. 10, Applied:02 Oct 2024] [Section 13 Subsection (7) amended by No. 55 of 2004, s. 38, Applied:01 Jul 2005] *[Section 13 Subsection (7) amended by No. 29 of 1994, s. 6 ]*The Authority is to cause a copy of a notice under subsection (5) 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) [Section 13 Subsection (8) amended by No. 19 of 2024, s. 10, Applied:02 Oct 2024] A notice under subsection (5) is not a statutory rule within the meaning of the Rules Publication Act 1953 .

Revocation of private timber reserve on application of owner of reserve

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

(1) [Section 14 Subsection (1) amended by No. 55 of 2004, s. 39, Applied:01 Jul 2005] *[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 Authority 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) [Section 14 Subsection (2) amended by No. 55 of 2004, s. 39, Applied:01 Jul 2005] be in writing in a form approved by the Authority;

(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. 55 of 2004, s. 39, Applied:01 Jul 2005] *[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 Authority to do so, provide such further particulars in relation to the application as the Authority requires.

(4) [Section 14 Subsection (4) amended by No. 55 of 2004, s. 39, Applied:01 Jul 2005] *[Section 14 Subsection (4) amended by No. 29 of 1994, s. 7 ]*Subject to subsection (5) , the Authority 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. 55 of 2004, s. 39, Applied:01 Jul 2005] [Section 14 Subsection (6) amended by No. 55 of 2004, s. 39, Applied:01 Jul 2005] *[Section 14 Subsection (6) amended by No. 29 of 1994, s. 35 and Sched. 1 ]*The Authority shall, by notice in writing served on the applicant, inform him or her 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. 55 of 2004, s. 39, Applied:01 Jul 2005] *[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 Authority to grant the person's application, he or she 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. 55 of 2004, s. 39, Applied:01 Jul 2005] [Section 14 Subsection (9) amended by No. 29 of 1994, s. 35 and Sched. 1 ][Section 14 Subsection (9) omitted by No. 18 of 2021, s. 97, Applied:05 Nov 2021] . . . . . . . .

(10) [Section 14 Subsection (10) amended by No. 19 of 2024, s. 11, Applied:02 Oct 2024] [Section 14 Subsection (10) amended by No. 19 of 2024, s. 11, Applied:02 Oct 2024] [Section 14 Subsection (10) amended by No. 55 of 2004, s. 39, Applied:01 Jul 2005] *[Section 14 Subsection (10) amended by No. 29 of 1994, s. 35 and Sched. 1 ]*Where –

(a) [Section 14 Subsection (10) amended by No. 55 of 2004, s. 39, Applied:01 Jul 2005] the Authority grants an application under subsection (1) ; or

(b) [Section 14 Subsection (10) amended by No. 55 of 2004, s. 39, Applied:01 Jul 2005] [Section 14 Subsection (10) amended by No. 18 of 2021, s. 97, Applied:05 Nov 2021] the Authority 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 Authority to grant the application and the Tribunal, under the Tasmanian Civil and Administrative Tribunal Act 2020 , quashes the decision of the Authority and directs the Authority to grant the application –

the Authority is to declare, by notice published in the Gazette, that the private timber reserve or part of the private timber reserve in respect of which the application relates, as the case may be, is to cease to be, or cease to form part of, a private timber reserve.

(11) [Section 14 Subsection (11) amended by No. 55 of 2004, s. 39, Applied:01 Jul 2005] [Section 14 Subsection (11) amended by No. 29 of 1994, s. 35 and Sched. 1 ][Section 14 Subsection (11) omitted by No. 19 of 2024, s. 11, Applied:02 Oct 2024] . . . . . . . .

(12) [Section 14 Subsection (12) amended by No. 19 of 2024, s. 11, Applied:02 Oct 2024] [Section 14 Subsection (12) amended by No. 19 of 2024, s. 11, Applied:02 Oct 2024] [Section 14 Subsection (12) amended by No. 55 of 2004, s. 39, Applied:01 Jul 2005] *[Section 14 Subsection (12) amended by No. 29 of 1994, s. 35 and Sched. 1 ]*The Authority is to cause a copy of a notice under subsection (10) 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) [Section 14 Subsection (13) amended by No. 19 of 2024, s. 11, Applied:02 Oct 2024] A notice under subsection (10) is not a statutory rule within the meaning of the Rules Publication Act 1953 .

Registration of notice relating to private timber reserve

15 Registration of notice relating to private timber reserve

(1) [Section 15 Subsection (1) amended by No. 55 of 2004, s. 40, Applied:01 Jul 2005] *[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 Authority shall forthwith cause the notice to be registered in respect of that land.

(2) [Section 15 Subsection (2) amended by No. 55 of 2004, s. 40, Applied:01 Jul 2005] *[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 Authority 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.

Part III

Plans

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 Forest practices plans

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

Restrictions on harvesting timber, &c.

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) amended by No. 25 of 2019, s. 7, Applied:07 Oct 2019] [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 authorising the carrying out of the activity 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;

(bb) [Section 17 Subsection (4) amended by No. 35 of 2006, s. 6, Applied:30 Apr 2007] the clearance and conversion of a threatened native vegetation community;

(c) [Section 17 Subsection (4) amended by No. 55 of 2004, s. 42, Applied:01 Jul 2005] the construction of a road in connection with an activity referred to in paragraph (a) , (b) or (ba) ;

(d) [Section 17 Subsection (4) amended by No. 55 of 2004, s. 42, Applied:01 Jul 2005] the operation of a quarry in connection with an activity referred to in paragraph (a) , (b) or (ba) .

Penalty:  [Section 17 Subsection (4) amended by No. 55 of 2004, s. 42, Applied:01 Jul 2005] Fine not exceeding 1 000 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:  [Section 17 Subsection (5) amended by No. 55 of 2004, s. 42, Applied:01 Jul 2005] Fine not exceeding 1 000 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:  [Section 17 Subsection (5A) amended by No. 55 of 2004, s. 42, Applied:01 Jul 2005] Fine not exceeding 1 000 penalty units.

(5B) [Section 17 Subsection (5B) inserted by No. 35 of 2006, s. 6, Applied:30 Apr 2007] A person must not purchase or acquire native vegetation that has been obtained through the clearance and conversion of a threatened native vegetation community on land in respect of which there is not in existence, at the beginning of that clearance and conversion process, a certified forest practices plan.

Penalty:  Fine not exceeding 1 000 penalty units.

(6) [Section 17 Subsection (6) amended by No. 35 of 2006, s. 6, Applied:30 Apr 2007] [Section 17 Subsection (6) amended by No. 113 of 2001, s. 5, Applied:01 Jan 2002] Subsections (4) , (5) , (5A) and (5B) do not apply in prescribed circumstances.

Application for certification of forest practices plan

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] [Section 18 Subsection (1) amended by No. 55 of 2004, s. 43, Applied:01 Jul 2005] make application to the Authority for certification of that plan.

(2) [Section 18 Subsection (2) amended by No. 55 of 2004, s. 43, Applied:01 Jul 2005] [Section 18 Subsection (2) amended by No. 23 of 1999, Sched. 5, Applied:01 Jul 1999] A forest practices plan is to –

(a) [Section 18 Subsection (2) amended by No. 110 of 2001, s. 7, Applied:01 Jan 2002] [Section 18 Subsection (2) amended by No. 55 of 2004, s. 43, Applied:01 Jul 2005] [Section 18 Subsection (2) amended by No. 35 of 2006, s. 7, Applied:30 Apr 2007] contain 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 or the clearance and conversion of a threatened native vegetation community;

(b) [Section 18 Subsection (2) amended by No. 55 of 2004, s. 43, Applied:01 Jul 2005] contain, 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;

(baa) [Section 18 Subsection (2) amended by No. 55 of 2004, s. 43, Applied:01 Jul 2005] identify, if applicable, the discrete operational phases of the plan for the purposes of section 25A ;

(ba) [Section 18 Subsection (2) amended by No. 113 of 2001, s. 6, Applied:01 Jan 2002] [Section 18 Subsection (2) amended by No. 55 of 2004, s. 43, Applied:01 Jul 2005] contain, 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;

(bb) [Section 18 Subsection (2) amended by No. 35 of 2006, s. 7, Applied:30 Apr 2007] contain, if the plan involves the clearance and conversion of a threatened native vegetation community, the following specifications:

(i) the identity of the threatened native vegetation community and its range;

(ii) how much of the threatened native vegetation community would be cleared and converted under the plan;

(iii) the kind of vegetation, works or development that would replace the threatened native vegetation cleared and converted under the plan;

(iv) the intended method of removal;

(c) [Section 18 Subsection (2) amended by No. 23 of 1999, s. 17, Applied:01 Jul 1999] [Section 18 Subsection (2) amended by No. 55 of 2004, s. 43, Applied:01 Jul 2005] provide an estimate of –

(i) the period during which the forest practices of the plan overall are to be carried out; and

(ii) if applicable, the period during which each discrete operational phase of the plan identified under paragraph (baa) is to be carried out; and

(ca) [Section 18 Subsection (2) amended by No. 25 of 2019, s. 8, Applied:07 Oct 2019] specify the period for which the plan is to remain in force; and

(d) [Section 18 Subsection (2) amended by No. 55 of 2004, s. 43, Applied:01 Jul 2005] [Section 18 Subsection (2) amended by No. 35 of 2006, s. 7, Applied:30 Apr 2007] specify, if applicable, 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) [Section 18 Subsection (4) amended by No. 55 of 2004, s. 43, Applied:01 Jul 2005] [Section 18 Subsection (4) amended by No. 16 of 2005, s. 5, Applied:01 Jul 2005] 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 or she has given approval for the plan to be submitted to the Authority.

(c) [Section 18 Subsection (4) amended by No. 16 of 2005, s. 5, Applied:01 Jul 2005] . . . . . . . .

(4A) [Section 18 Subsection (4A) inserted by No. 16 of 2005, s. 5, Applied:01 Jul 2005] An applicant under this section must pay the prescribed application fee, if any.

(4B) [Section 18 Subsection (4B) amended by No. 25 of 2019, s. 8, Applied:07 Oct 2019] [Section 18 Subsection (4B) inserted by No. 16 of 2005, s. 5, Applied:01 Jul 2005] The application fee is to be paid by a date, and in a manner, determined by the Authority.

(4C) [Section 18 Subsection (4C) inserted by No. 25 of 2019, s. 8, Applied:07 Oct 2019] If –

(a) an applicant; or

(b) where a person has been assigned in accordance with section 25D the applicant's responsibilities under this Division, that person –

fails to pay all of the application fee by the date, and in the manner, determined by the Authority for the purposes of subsection (4B) , so much of the application fee as has not been paid by that date and in that manner is a debt due and payable to the Authority by the applicant, or the person, as the case may be, and may be recovered by the Authority in a court of competent jurisdiction.

(5) [Section 18 Subsection (5) amended by No. 55 of 2004, s. 43, Applied:01 Jul 2005] [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 Authority to do so, provide such further particulars in relation to the forest practices plan as the Authority specifies.

18A

Tags to be attached to tree ferns

18A Tags to be attached to tree ferns

[Section 18A Amended by No. 55 of 2004, s. 44, Applied:01 Jul 2005] [Section 18A Inserted by No. 113 of 2001, s. 7, Applied:01 Jan 2002] The Authority is to issue a tag to a person in a form approved by the Authority –

(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

18B Trading in tree ferns

[Section 18B Inserted by No. 113 of 2001, s. 7, Applied:01 Jan 2002] [Section 18B Substituted by No. 55 of 2004, s. 45, Applied:01 Jul 2005]

(1) A person must not, without the written approval of the Authority, trade in tree ferns unless a tag issued by the Authority is affixed to the stem of each tree fern.

Penalty: Fine not exceeding 150 penalty units.

(2) A forest practices officer may, on production of his or her warrant of authorization, require a person who appears to the forest practices officer to be trading in tree ferns contrary to subsection (1) to state all or any of the following:

(a) the person's name and address;

(b) when, where and how the person obtained the untagged tree ferns;

(c) whether the untagged tree ferns were obtained from another person and, if so, the name and address of that other person;

(d) whether the tree ferns were tagged or untagged when the person obtained them.

(3) A person must comply with a requirement under subsection (2) .

Penalty: Fine not exceeding 10 penalty units.

(4) In this section –

sell means sell by wholesale or retail;

trade in tree ferns means to do one or more of the following:

(a) collect, acquire or buy tree ferns;

(b) barter or exchange tree ferns;

(c) sell or agree to sell tree ferns;

(d) offer, display or expose tree ferns for sale;

(e) supply, send, forward, transport or deliver tree ferns for sale;

(f) store or hold tree ferns;

(g) authorise, direct, cause or permit a person to do a thing referred to in paragraph (a) , (b) , (c) , (d) , (e) or (f) .

Authority to certify or refuse to certify forest practices plan

19 Authority 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 ][Section 19 Subsection (1) amended by No. 23 of 1999, s. 18, Applied:01 Jul 1999] [Section 19 Subsection (1) amended by No. 23 of 1999, s. 18, Applied:01 Jul 1999] [Section 19 Subsection (1) amended by No. 23 of 1999, s. 18, Applied:01 Jul 1999] [Section 19 Subsection (1) amended by No. 110 of 2001, s. 8, Applied:01 Jan 2002] [Section 19 Subsection (1) substituted by No. 55 of 2004, s. 46, Applied:01 Jul 2005] Where an application for the certification of a forest practices plan is made in accordance with section 18 , the Authority may –

(a) certify the plan; or

(b) refuse to certify the plan; or

(c) amend the plan in such manner as it considers necessary and certify the plan as so amended.

(1AA) [Section 19 Subsection (1AA) inserted by No. 35 of 2006, s. 8, Applied:30 Apr 2007] However, the Authority is not to certify a forest practices plan involving the clearance and conversion of a threatened native vegetation community unless the Authority is satisfied of one or more of the following:

(a) the clearance and conversion is justified by exceptional circumstances;

(b) the activities authorised by the forest practices plan are likely to have an overall environmental benefit;

(c) the clearance and conversion is unlikely to detract substantially from the conservation of the threatened native vegetation community;

(d) the clearance and conversion is unlikely to detract substantially from the conservation values in the vicinity of the threatened native vegetation community.

(1A) [Section 19 Subsection (1A) inserted by No. 55 of 2004, s. 46, Applied:01 Jul 2005] Without limiting the Authority's power under subsection (1)(c) , it may amend the plan by doing one or more of the following:

(a) inserting conditions and restrictions to be complied with in the harvesting of timber, the clearing of trees or the carrying out of other forest practices covered by the plan;

(b) inserting new specifications in the plan or amending or omitting specifications contained in the plan as submitted;

(ba) [Section 19 Subsection (1A) amended by No. 25 of 2019, s. 9, Applied:07 Oct 2019] amending the period for which the plan is to remain in force;

(c) identifying, for the purposes of section 25A(1) , the discrete operational phases of the plan.

(2) [Section 19 Subsection (2) amended by No. 55 of 2004, s. 46, Applied:01 Jul 2005] [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 Authority has requested further particulars in relation to an application for the certification of a forest practices plan, the Authority 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. 25 of 2019, s. 9, Applied:07 Oct 2019] [Section 19 Subsection (3) amended by No. 55 of 2004, s. 46, Applied:01 Jul 2005] [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 Authority 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 18 or, if a person has been assigned in accordance with section 25D the applicant's responsibilities under this Division, that person, 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) amended by No. 55 of 2004, s. 46, Applied:01 Jul 2005] [Section 19 Subsection (4) inserted by No. 23 of 1999, s. 18, Applied:01 Jul 1999] If the Authority 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) amended by No. 55 of 2004, s. 46, Applied:01 Jul 2005] [Section 19 Subsection (5) inserted by No. 23 of 1999, s. 18, Applied:01 Jul 1999] If a person to whom the Authority 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.

Authority of certified forest practices plan

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.

Contravention, &c., of certified forest practices plan

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

(1) [Section 21 Subsection (1) amended by No. 55 of 2004, s. 47, Applied:01 Jul 2005] [Section 21 Subsection (1) amended by No. 55 of 2004, s. 47, Applied:01 Jul 2005] [Section 21 Subsection (1) amended by No. 55 of 2004, s. 47, Applied:01 Jul 2005] [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 Authority 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] [Section 21 Subsection (1) amended by No. 25 of 2019, s. 10, Applied:07 Oct 2019] any person who is an owner of land, or who is a person to whom the owner's responsibilities under section 17 have been assigned under section 17(2) , and 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 1 000 penalty units or a daily fine not exceeding 50 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. 55 of 2004, s. 47, Applied:01 Jul 2005] *[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 1 000 penalty units.

(3) [Section 21 Subsection (3) amended by No. 55 of 2004, s. 47, Applied:01 Jul 2005] [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 250 penalty units.

(4) [Section 21 Subsection (4) amended by No. 55 of 2004, s. 47, Applied:01 Jul 2005] [Section 21 Subsection (4) amended by No. 55 of 2004, s. 47, Applied:01 Jul 2005] [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 or she did not consent to the imposition on him or her in the certified forest practices plan of the requirement to comply with any of the provisions of that plan.

Variation of certified forest practices plan at instigation of Authority

22 Variation of certified forest practices plan at instigation of Authority

(1) [Section 22 Subsection (1) amended by No. 55 of 2004, s. 48, Applied:01 Jul 2005] [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 Authority may, subject to subsection (2) , vary the provisions of a certified forest practices plan.

(2) [Section 22 Subsection (2) amended by No. 25 of 2019, s. 11, Applied:07 Oct 2019] [Section 22 Subsection (2) amended by No. 55 of 2004, s. 48, Applied:01 Jul 2005] [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 Authority 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 (or a person to whom the applicant's responsibilities under this Division have been assigned in accordance with section 25D ) 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. 25 of 2019, s. 11, Applied:07 Oct 2019] [Section 22 Subsection (3) amended by No. 55 of 2004, s. 48, Applied:01 Jul 2005] [Section 22 Subsection (3) amended by No. 23 of 1999, Sched. 3, Applied:01 Jul 1999] [Section 22 Subsection (3) amended by No. 23 of 1999, Sched. 2, Applied:01 Jul 1999] *[Section 22 Subsection (3) amended by No. 29 of 1994, s. 12 ]*Where the Authority 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 (or a person to whom the applicant's responsibilities under this Division have been assigned in accordance with section 25D ) 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 Authority specifies in the notices, being a date not earlier than 14 days after the service of the notice on the first-mentioned person.

Application for variation of certified forest practices plan

23 Application for variation of certified forest practices plan

(1) [Section 23 Subsection (1) amended by No. 25 of 2019, s. 12, Applied:07 Oct 2019] [Section 23 Subsection (1) amended by No. 55 of 2004, s. 49, Applied:01 Jul 2005] [Section 23 Subsection (1) amended by No. 23 of 1999, s. 21, Applied:01 Jul 1999] [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 Authority under section 18 for the certification of a forest practices plan (or who is a person to whom the applicant's responsibilities under this Division have been assigned in accordance with section 25D ) and who wishes to have the provisions of the plan varied after it has been certified by the Authority may make application to the Authority 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) [Section 23 Subsection (2) amended by No. 55 of 2004, s. 49, Applied:01 Jul 2005] shall be in writing in a form approved by the Authority;

(b) [Section 23 Subsection (2) amended by No. 23 of 1999, Sched. 4, Applied:01 Jul 1999] [Section 23 Subsection (2) amended by No. 25 of 2019, s. 12, Applied:07 Oct 2019] shall specify the manner in which the applicant under this section requires the provisions of the certified forest practices plan to be varied;

(c) [Section 23 Subsection (2) amended by No. 55 of 2004, s. 49, Applied:01 Jul 2005] [Section 23 Subsection (2) amended by No. 25 of 2019, s. 12, Applied:07 Oct 2019] 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 person to whom the owner's responsibilities under section 17 have been assigned under section 17(2) or the holder of the forestry right conferred in respect of the land, stating that he or she has given approval for the application to be made to the Authority; and

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

(3) [Section 23 Subsection (3) amended by No. 55 of 2004, s. 49, Applied:01 Jul 2005] *[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 Authority to do so, provide such further particulars in relation to the application as the Authority requires.

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

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

(1) [Section 24 Subsection (1) amended by No. 55 of 2004, s. 50, Applied:01 Jul 2005] [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 Authority 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. 55 of 2004, s. 50, Applied:01 Jul 2005] [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 Authority 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

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. 55 of 2004, s. 51, Applied:01 Jul 2005] [Section 24A Subsection (1) amended by No. 23 of 1999, Sched. 2, Applied:01 Jul 1999] Subject to this section, the Authority may revoke a certified forest practices plan for any reason it considers sufficient.

(2) [Section 24A Subsection (2) amended by No. 25 of 2019, s. 13, Applied:07 Oct 2019] [Section 24A Subsection (2) amended by No. 25 of 2019, s. 13, Applied:07 Oct 2019] [Section 24A Subsection (2) amended by No. 55 of 2004, s. 51, Applied:01 Jul 2005] [Section 24A Subsection (2) amended by No. 23 of 1999, Sched. 3, Applied:01 Jul 1999] The Authority must not exercise its power under subsection (1) without first giving the person who applied under section 18 for certification of the plan, or a person to whom the applicant's responsibilities under this Division have been assigned in accordance with section 25D , and, if that person on whom notice is served under subsection (3) 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. 55 of 2004, s. 51, Applied:01 Jul 2005] [Section 24A Subsection (3) amended by No. 23 of 1999, Sched. 2, Applied:01 Jul 1999] If the Authority revokes a certified forest practices plan –

(a) [Section 24A Subsection (3) amended by No. 23 of 1999, Sched. 3, Applied:01 Jul 1999] [Section 24A Subsection (3) amended by No. 25 of 2019, s. 13, Applied:07 Oct 2019] [Section 24A Subsection (3) amended by No. 25 of 2019, s. 13, Applied:07 Oct 2019] it must serve written notice of the revocation on the person who applied under section 18 for certification of the plan, or a person to whom the applicant's responsibilities under this Division have been assigned in accordance with section 25D , and, if that person on whom notice is served 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] [Section 24A Subsection (3) amended by No. 55 of 2004, s. 51, Applied:01 Jul 2005] [Section 24A Subsection (3) amended by No. 25 of 2019, s. 13, Applied:07 Oct 2019] the revocation takes effect on such date as the Authority 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 or the person to whom the applicant's responsibilities under this Division have been assigned in accordance with section 25D .

Appeal in respect of forest practices plan

25 Appeal in respect of forest practices plan

(1) [Section 25 Subsection (1) amended by No. 25 of 2019, s. 14, Applied:07 Oct 2019] [Section 25 Subsection (1) amended by No. 55 of 2004, s. 52, Applied:01 Jul 2005] [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 Authority under section 18 for the certification of a forest practices plan (or who is a person to whom the applicant's responsibilities under this Division have been assigned in accordance with section 25D ) and who is aggrieved by –

(a) [Section 25 Subsection (1) amended by No. 23 of 1999, s. 22, Applied:01 Jul 1999] [Section 25 Subsection (1) amended by No. 55 of 2004, s. 52, Applied:01 Jul 2005] the refusal of the Authority to certify the plan;

(b) [Section 25 Subsection (1) amended by No. 23 of 1999, s. 22, Applied:01 Jul 1999] [Section 25 Subsection (1) amended by No. 55 of 2004, s. 52, Applied:01 Jul 2005] the amendments made to the plan by the Authority pursuant to section 19 (1) (c) ;

(c) [Section 25 Subsection (1) amended by No. 23 of 1999, s. 22, Applied:01 Jul 1999] [Section 25 Subsection (1) amended by No. 55 of 2004, s. 52, Applied:01 Jul 2005] the variation of the provisions of the plan by the Authority pursuant to section 22 ; or

(d) [Section 25 Subsection (1) amended by No. 23 of 1999, s. 22, Applied:01 Jul 1999] [Section 25 Subsection (1) amended by No. 23 of 1999, s. 22, Applied:01 Jul 1999] [Section 25 Subsection (1) amended by No. 55 of 2004, s. 52, Applied:01 Jul 2005] the refusal of the Authority 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] [Section 25 Subsection (1) amended by No. 55 of 2004, s. 52, Applied:01 Jul 2005] the revocation of the plan by the Authority 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] [Section 25 Subsection (2) amended by No. 55 of 2004, s. 52, Applied:01 Jul 2005] 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 Authority;

(b) [Section 25 Subsection (2) amended by No. 23 of 1999, Sched. 2, Applied:01 Jul 1999] [Section 25 Subsection (2) amended by No. 55 of 2004, s. 52, Applied:01 Jul 2005] 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 Authority; or

(c) [Section 25 Subsection (2) amended by No. 23 of 1999, Sched. 2, Applied:01 Jul 1999] [Section 25 Subsection (2) amended by No. 55 of 2004, s. 52, Applied:01 Jul 2005] the service of a notice on the appellant under section 24 (2) , in the case of an appeal against the refusal of the Authority 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] [Section 25 Subsection (2) amended by No. 55 of 2004, s. 52, Applied:01 Jul 2005] the service of a notice on the appellant under section 24A (3) in the case of an appeal against the revocation by the Authority of a certified forest practices plan.

(3) [Section 25 Subsection (3) amended by No. 55 of 2004, s. 52, Applied:01 Jul 2005] [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 Authority 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. 55 of 2004, s. 52, Applied:01 Jul 2005] [Section 25 Subsection (4) amended by No. 29 of 1994, s. 14 ][Section 25 Subsection (4) omitted by No. 18 of 2021, s. 99, Applied:05 Nov 2021] . . . . . . . .

25A

Forest practices plan compliance reports

25A Forest practices plan compliance reports

[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] [Section 25A Substituted by No. 55 of 2004, s. 53, Applied:01 Jul 2005]

(1) The responsible person for a certified forest practices plan must lodge an interim compliance report with the Authority, in an approved form, within 30 days after the completion of each discrete operational phase of the forest practices authorised to be carried out under the plan stating –

(a) whether or not the plan has been complied with in respect of that discrete operational phase; and

(b) such other particulars regarding that discrete operational phase as the Authority considers appropriate.

Penalty: Fine not exceeding 10 penalty units.

(2) The responsible person for a certified forest practices plan must lodge a final compliance report with the Authority, in an approved form, within 30 days after the expiration of the period during which forest practices are authorised to be carried out under the plan stating –

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

(b) if the plan enables tree ferns to be harvested, the number of tree ferns harvested; and

(c) such other particulars as the Authority considers appropriate.

Penalty: Fine not exceeding 10 penalty units.

(3) In this section –

approved form means a form approved by the Authority;

[Section 25A Subsection (3) amended by No. 25 of 2019, s. 15, Applied:07 Oct 2019] responsible person, for a certified forest practices plan, means the person who applied for the certification of the plan under section 18(1)(b) or who is a person to whom the applicant's responsibilities under this Division have been assigned in accordance with section 25D .

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