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Forest Practices Act 1985
23Application for variation of certified forest practices plan
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### 23 Application for variation of certified forest practices plan
> > (1) [*\[Section 23 Subsection (1) amended by No. 25 of 2019, s. 12, Applied:07 Oct 2019\]*](/view/html/inforce/2019-10-07/act-2019-025#GS12@Hpa@EN) [*\[Section 23 Subsection (1) amended by No. 55 of 2004, s. 49, Applied:01 Jul 2005\]*](/view/html/inforce/2005-07-01/act-2004-055#GS49@Hpa@EN) [*\[Section 23 Subsection (1) amended by No. 23 of 1999, s. 21, Applied:01 Jul 1999\]*](/view/html/inforce/1999-07-01/act-1999-023#GS21@Hpb@EN) [*\[Section 23 Subsection (1) amended by No. 23 of 1999, s. 21, Applied:01 Jul 1999\]*](/view/html/inforce/1999-07-01/act-1999-023#GS21@Hpa@EN) *\[Section 23 Subsection (1) amended by No. 29 of 1994, s. 35 and Sched. 1 \]*A person who applied to the Authority under [section 18](#GS18@EN) 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](#GS25D@EN) ) 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.
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> > (2) *\[Section 23 Subsection (2) amended by No. 29 of 1994, s. 35 and Sched. 1 \]*An application under this section –
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> > > > (a) [*\[Section 23 Subsection (2) amended by No. 55 of 2004, s. 49, Applied:01 Jul 2005\]*](/view/html/inforce/2005-07-01/act-2004-055#GS49@Hpb@EN) shall be in writing in a form approved by the Authority;
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> > > > (b) [*\[Section 23 Subsection (2) amended by No. 23 of 1999, Sched. 4, Applied:01 Jul 1999\]*](/view/html/inforce/1999-07-01/act-1999-023#JS4@JT@tr@oc2@EN) [*\[Section 23 Subsection (2) amended by No. 25 of 2019, s. 12, Applied:07 Oct 2019\]*](/view/html/inforce/2019-10-07/act-2019-025#GS12@Hpb@EN) shall specify the manner in which the applicant under this section requires the provisions of the certified forest practices plan to be varied;
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> > > > (c) [*\[Section 23 Subsection (2) amended by No. 55 of 2004, s. 49, Applied:01 Jul 2005\]*](/view/html/inforce/2005-07-01/act-2004-055#GS49@Hpc@EN) [*\[Section 23 Subsection (2) amended by No. 25 of 2019, s. 12, Applied:07 Oct 2019\]*](/view/html/inforce/2019-10-07/act-2019-025#GS12@Hpc@EN) 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](#GS17@EN) have been assigned under [section 17(2)](#GS17@Gs2@EN) 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
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> > > > (d) shall be accompanied by the fee (if any) prescribed in the regulations.
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> > (3) [*\[Section 23 Subsection (3) amended by No. 55 of 2004, s. 49, Applied:01 Jul 2005\]*](/view/html/inforce/2005-07-01/act-2004-055#GS49@Hpd@EN) *\[Section 23 Subsection (3) amended by No. 29 of 1994, s. 35 and Sched. 1 \]*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.