TASIn ForceAct
Forest Practices Act 1985
27Three-year plans
Start here
Get a plain-English read of 27
Turn the raw legal text into a practical explanation grounded in Forest Practices Act 1985.
### 27 Three-year plans
> > (1) [*\[Section 27 Subsection (1) amended by No. 55 of 2004, s. 54, Applied:01 Jul 2005\]*](/view/html/inforce/2005-07-01/act-2004-055#GS54@Hpa@EN) *\[Section 27 Subsection (1) amended by No. 29 of 1994, s. 35 and Sched. 1 \]*Any person who, as at 1st May in a year, has harvested or caused to be harvested more than 100 000 tonnes of timber in Tasmania in the immediately preceding period of 12 months and such other persons as may be prescribed shall, not later than 1st June in that year, lodge with the Authority a plan (in this Act referred to as a "three-year plan") for the period of 3 years commencing on 1st July next following containing the details referred to in [subsection (2)](#GS27@Gs2@EN) .
>
> > (1A) [*\[Section 27 Subsection (1A) amended by No. 55 of 2004, s. 54, Applied:01 Jul 2005\]*](/view/html/inforce/2005-07-01/act-2004-055#GS54@Hpb@EN) [*\[Section 27 Subsection (1A) inserted by No. 23 of 1999, s. 24, Applied:01 Jul 1999\]*](/view/html/inforce/1999-07-01/act-1999-023#GS24@Hpa@EN) If the Authority is able to determine in advance that a person is likely to be subject to the requirements of [subsection (1)](#GS27@Gs1@EN) , it may consult with and advise that person on the information to be included in the three-year plan and on the presentation of that information having regard to the relevant land tenures and harvesting operations.
>
> > (2) [*\[Section 27 Subsection (2) amended by No. 23 of 1999, s. 24, Applied:01 Jul 1999\]*](/view/html/inforce/1999-07-01/act-1999-023#GS24@Hpb@EN) A three-year plan is to contain information with respect to –
> >
> > > > (a) [*\[Section 27 Subsection (2) amended by No. 23 of 1999, s. 24, Applied:01 Jul 1999\]*](/view/html/inforce/1999-07-01/act-1999-023#GS24@Hpd@EN) [*\[Section 27 Subsection (2) amended by No. 23 of 1999, s. 24, Applied:01 Jul 1999\]*](/view/html/inforce/1999-07-01/act-1999-023#GS24@Hpc@EN) the location or locations of the land from which timber is intended to be harvested; and
> > >
> > > > (b) the approximate volumes of timber intended to be harvested from each location; and
> > >
> > > > (c) [*\[Section 27 Subsection (2) amended by No. 23 of 1999, s. 24, Applied:01 Jul 1999\]*](/view/html/inforce/1999-07-01/act-1999-023#GS24@Hpe@EN) the routes by which it is proposed to transport the timber harvested out of each location; and
> > >
> > > > (d) [*\[Section 27 Subsection (2) amended by No. 23 of 1999, s. 24, Applied:01 Jul 1999\]*](/view/html/inforce/1999-07-01/act-1999-023#GS24@Hpf@EN) the reafforestation measures that are proposed for the location or locations from which timber is intended to be harvested –
> >
> > in each of the 3 years specified in the plan.
>
> > (3) [*\[Section 27 Subsection (3) amended by No. 55 of 2004, s. 54, Applied:01 Jul 2005\]*](/view/html/inforce/2005-07-01/act-2004-055#GS54@Hpc@EN) *\[Section 27 Subsection (3) amended by No. 29 of 1994, s. 35 and Sched. 1 \]*A person referred to in [subsection (1)](#GS27@Gs1@EN) shall, if required by the Authority to do so, provide such further particulars in relation to the three-year plan as the Authority requires within such further period as the Authority specifies.
>
> > (4) [*\[Section 27 Subsection (4) amended by No. 55 of 2004, s. 54, Applied:01 Jul 2005\]*](/view/html/inforce/2005-07-01/act-2004-055#GS54@Hpd@EN) *\[Section 27 Subsection (4) amended by No. 29 of 1994, s. 35 and Sched. 1 \]*Where a person referred to in [subsection (1)](#GS27@Gs1@EN) fails to lodge a three-year plan with the Authority by the date referred to in that subsection, or, having lodged such a plan, fails to provide further particulars requested by the Authority pursuant to [subsection (3)](#GS27@Gs3@EN) within the period specified by the Authority, the Authority may –
> >
> > > > (a) [*\[Section 27 Subsection (4) amended by No. 23 of 1999, s. 24, Applied:01 Jul 1999\]*](/view/html/inforce/1999-07-01/act-1999-023#GS24@Hpg@EN) where that person is harvesting timber in accordance with a certified forest practices plan or certified forest practices plans, suspend the operation of all or any of those plans; or
> > >
> > > > (b) [*\[Section 27 Subsection (4) amended by No. 23 of 1999, Sched. 3, Applied:01 Jul 1999\]*](/view/html/inforce/1999-07-01/act-1999-023#JS3@JT@tr@oc8@EN) [*\[Section 27 Subsection (4) amended by No. 23 of 1999, s. 24, Applied:01 Jul 1999\]*](/view/html/inforce/1999-07-01/act-1999-023#GS24@Hph@EN) where that person has submitted a forest practices plan for certification pursuant to [section 18](#GS18@EN) , refuse to consider that plan for certification –
> >
> > until a three-year plan has been lodged, or, as the case may be, the further particulars are supplied, by that person.
>
> > (5) [*\[Section 27 Subsection (5) amended by No. 55 of 2004, s. 54, Applied:01 Jul 2005\]*](/view/html/inforce/2005-07-01/act-2004-055#GS54@Hpe@EN) *\[Section 27 Subsection (5) amended by No. 29 of 1994, s. 35 and Sched. 1 \]*Where a three-year plan is lodged with the Authority the person referred to in [subsection (1)](#GS27@Gs1@EN) shall cause a summary of the plan, which shall include details of –
> >
> > > > (a) estimated tonnages of timber intended to be harvested and transported under the plan;
> > >
> > > > (b) the routes by which it is proposed to transport the timber out of each location; and
> > >
> > > > (c) such other matters as may be prescribed –
> >
> > to be sent to each local authority exercising jurisdiction over any land through which it is proposed to transport the timber.
>
> > (6) *\[Section 27 Subsection (6) amended by No. 29 of 1994, s. 35 and Sched. 1 \]*Where a three-year plan is varied –
> >
> > > > (a) [*\[Section 27 Subsection (6) amended by No. 55 of 2004, s. 54, Applied:01 Jul 2005\]*](/view/html/inforce/2005-07-01/act-2004-055#GS54@Hpf@EN) as a result of a decision made by the Authority in accordance with [section 28](#GS28@EN) [(4)](#GS28@Gs4@EN) ; or
> > >
> > > > (b) in accordance with [section 28](#GS28@EN) [(7)](#GS28@Gs7@EN) –
> >
> > the person referred to in [subsection (1)](#GS27@Gs1@EN) shall cause a summary of the variations to be sent to those local authorities referred to in [subsection (5)](#GS27@Gs5@EN) .