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

### 28 Power of Authority to call conference for purpose of varying three-year plan > > (1)  [*\[Section 28 Subsection (1) amended by No. 55 of 2004, s. 55, Applied:01 Jul 2005\]*](/view/html/inforce/2005-07-01/act-2004-055#GS55@Hpa@EN) *\[Section 28 Subsection (1) amended by No. 29 of 1994, s. 15 \]*Where the Authority, after considering the effect of 2 or more three-year plans lodged by different persons, is of the opinion that more effective use of routes for the transportation of timber could be achieved or that the plans indicate an excessive concentration of harvesting in a particular location, it may arrange for a conference to be held between it, any person who may be invited to attend the conference pursuant to [subsection (2)](#GS28@Gs2@EN) , and the persons who lodged those plans for the purpose of varying those plans. > > > (2)  [*\[Section 28 Subsection (2) amended by No. 55 of 2004, s. 55, Applied:01 Jul 2005\]*](/view/html/inforce/2005-07-01/act-2004-055#GS55@Hpb@EN) *\[Section 28 Subsection (2) amended by No. 29 of 1994, s. 15 \]*The Authority may invite a representative of any local authority and the owner of any land from which timber is intended to be harvested to attend a conference arranged by it under [subsection (1)](#GS28@Gs1@EN) . > > > (3)  [*\[Section 28 Subsection (3) amended by No. 55 of 2004, s. 55, Applied:01 Jul 2005\]*](/view/html/inforce/2005-07-01/act-2004-055#GS55@Hpc@EN) *\[Section 28 Subsection (3) amended by No. 29 of 1994, s. 15 \]*Where a person who lodged a plan fails without reasonable excuse to attend a conference arranged by the Authority under [subsection (1)](#GS28@Gs1@EN) , the Authority may – > > > > > > (a) [*\[Section 28 Subsection (3) amended by No. 23 of 1999, s. 25, Applied:01 Jul 1999\]*](/view/html/inforce/1999-07-01/act-1999-023#GS25@Hpa@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) [*\[Section 28 Subsection (3) amended by No. 23 of 1999, Sched. 3, Applied:01 Jul 1999\]*](/view/html/inforce/1999-07-01/act-1999-023#JS3@JT@tr@oc9@EN) [*\[Section 28 Subsection (3) amended by No. 23 of 1999, s. 25, Applied:01 Jul 1999\]*](/view/html/inforce/1999-07-01/act-1999-023#GS25@Hpb@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 that person attends a conference arranged by it. > > > (4)  [*\[Section 28 Subsection (4) amended by No. 55 of 2004, s. 55, Applied:01 Jul 2005\]*](/view/html/inforce/2005-07-01/act-2004-055#GS55@Hpe@EN) [*\[Section 28 Subsection (4) amended by No. 55 of 2004, s. 55, Applied:01 Jul 2005\]*](/view/html/inforce/2005-07-01/act-2004-055#GS55@Hpd@EN) *\[Section 28 Subsection (4) amended by No. 29 of 1994, s. 15 \]*The Authority may, at the conference arranged by it under [subsection (1)](#GS28@Gs1@EN) , make a decision requesting a person attending the conference to vary the proposals in a three-year plan lodged by him or her in order to make better use of routes for the transportation of timber or to reduce the concentration of harvesting in a particular location. > > > (5)  [*\[Section 28 Subsection (5) amended by No. 55 of 2004, s. 55, Applied:01 Jul 2005\]*](/view/html/inforce/2005-07-01/act-2004-055#GS55@Hpf@EN) *\[Section 28 Subsection (5) amended by No. 29 of 1994, s. 15 \]*In making a decision to request the variation of a three-year plan under [subsection (4)](#GS28@Gs4@EN) , the Authority shall take into account the cost to be incurred by the person who lodged the three-year plan in implementing that plan in accordance with the variation. > > > (6)  [*\[Section 28 Subsection (6) amended by No. 55 of 2004, s. 55, Applied:01 Jul 2005\]*](/view/html/inforce/2005-07-01/act-2004-055#GS55@Hpi@EN) [*\[Section 28 Subsection (6) amended by No. 55 of 2004, s. 55, Applied:01 Jul 2005\]*](/view/html/inforce/2005-07-01/act-2004-055#GS55@Hph@EN) [*\[Section 28 Subsection (6) amended by No. 55 of 2004, s. 55, Applied:01 Jul 2005\]*](/view/html/inforce/2005-07-01/act-2004-055#GS55@Hpg@EN) *\[Section 28 Subsection (6) amended by No. 29 of 1994, s. 15 \]*Where a person fails without reasonable excuse to vary the proposals specified in the three-year plan lodged by him or her in accordance with the request of the Authority, the Authority may – > > > > > > (a) [*\[Section 28 Subsection (6) amended by No. 23 of 1999, s. 25, Applied:01 Jul 1999\]*](/view/html/inforce/1999-07-01/act-1999-023#GS25@Hpc@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) [*\[Section 28 Subsection (6) amended by No. 23 of 1999, Sched. 3, Applied:01 Jul 1999\]*](/view/html/inforce/1999-07-01/act-1999-023#JS3@JT@tr@oc10@EN) [*\[Section 28 Subsection (6) amended by No. 23 of 1999, s. 25, Applied:01 Jul 1999\]*](/view/html/inforce/1999-07-01/act-1999-023#GS25@Hpd@EN) where the person has submitted a forest practices plan for certification pursuant to [section 18](#GS18@EN) , refuse to consider that plan for certification – > > > > until that person varies the proposals in that plan in the manner requested by the Authority. > > > (7)  [*\[Section 28 Subsection (7) amended by No. 55 of 2004, s. 55, Applied:01 Jul 2005\]*](/view/html/inforce/2005-07-01/act-2004-055#GS55@Hpj@EN) *\[Section 28 Subsection (7) amended by No. 29 of 1994, s. 15 \]*The Authority may approve or refuse to approve the variation of a three-year plan at any time.