8Grant 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