sec.96BDelegation by chief executive—State plantation forests

### sec.96B Delegation by chief executive—State plantation forests Without limiting section 96A , the chief executive may delegate the chief executive’s functions under sections 21 (2) , 34AA , 34AB , 34G , 35 (1) (a) , (c) or (d) and (2) , 55 (other than section 55 (1) (g) or (h) ), 56 (other than the function of granting sales permits for the sale of natural resource product from a licence area), 58 , 59 , 69D , 72 , 73 (2) and section 84 (3) (to the extent it applies to plantation officers) to— a plantation licensee; or a plantation sublicensee; or a plantation manager; or a plantation officer; or a registered mortgagee or an enforcing party exercising power under section 61SQ . A plantation licensee or plantation sublicensee may not exercise power under section 56 to grant sales permits for the sale of natural resource product from its licence area but it can contract with other persons to sell natural resource product on its licence area under section 61QD . Also, without limiting section 96A , the chief executive may delegate the chief executive’s functions under section 82O to a plantation licensee. The chief executive may also delegate the chief executive’s functions under sections 17 , 17C and 17E to appoint plantation officers to— a plantation licensee; or a plantation sublicensee; or a plantation manager; or a registered mortgagee or an enforcing party exercising power under section 61SQ . Further, the chief executive may delegate a function under section 83A (1) about reviewable decisions under section 35 or 55 to a person having management responsibility for a plantation licensee or plantation sublicensee. A function delegated under subsection (1) — is limited in its application to the relevant licence area; and if the delegated function authorises the erection or display of regulatory notices under section 34AA or 34AB or a notice under section 34G , may be exercised only for the following purposes— the protection of the health and safety of persons; prohibiting or limiting access to an area when tree felling is happening the protection of a plantation licensee’s or plantation sublicensee’s interests; prohibiting or limiting access to an area of young trees at risk of damage because of careless behaviour or general use of the area the proper maintenance of roads and tracks. prohibiting or limiting use of an unformed road to protect it from traffic damage after heavy rain Subsection (6) applies if, in relation to a function of the chief executive delegated under this section to a plantation licensee or plantation sublicensee (each a delegate ) or an appointed person and performed by a delegate or an appointed person, the State is entitled to receive a fee prescribed under a regulation or another amount under this Act in connection with the performance of the function (each a relevant amount ). A relevant amount— may be recovered by the delegate who performed the function or appointed the appointed person who performed the function; and if received or recovered by the delegate who performed the function or appointed the appointed person who performed the function, may be retained by the delegate; and does not form part of the consolidated fund. Subsection (6) does not apply to the performance of a function, or a fee received, under section 72 . In this section— appointed person means a plantation officer or plantation manager. function includes power. relevant licence area means— for a plantation licensee—the licence area for the plantation licensee’s plantation licence; or for a plantation sublicensee—the licence area for the plantation sublicensee’s plantation sublicence; or for a plantation manager—the licence area or part of the licence area for which the plantation manager is appointed; or for a plantation officer—the licence area for which the plantation officer is appointed. s 96B ins 2010 No. 12 s 69 amd 2014 No. 41 s 38 ; 2020 No. 3 s 118 (sec.96B-ssec.1) Without limiting section 96A , the chief executive may delegate the chief executive’s functions under sections 21 (2) , 34AA , 34AB , 34G , 35 (1) (a) , (c) or (d) and (2) , 55 (other than section 55 (1) (g) or (h) ), 56 (other than the function of granting sales permits for the sale of natural resource product from a licence area), 58 , 59 , 69D , 72 , 73 (2) and section 84 (3) (to the extent it applies to plantation officers) to— a plantation licensee; or a plantation sublicensee; or a plantation manager; or a plantation officer; or a registered mortgagee or an enforcing party exercising power under section 61SQ . A plantation licensee or plantation sublicensee may not exercise power under section 56 to grant sales permits for the sale of natural resource product from its licence area but it can contract with other persons to sell natural resource product on its licence area under section 61QD . (sec.96B-ssec.1A) Also, without limiting section 96A , the chief executive may delegate the chief executive’s functions under section 82O to a plantation licensee. (sec.96B-ssec.2) The chief executive may also delegate the chief executive’s functions under sections 17 , 17C and 17E to appoint plantation officers to— a plantation licensee; or a plantation sublicensee; or a plantation manager; or a registered mortgagee or an enforcing party exercising power under section 61SQ . (sec.96B-ssec.3) Further, the chief executive may delegate a function under section 83A (1) about reviewable decisions under section 35 or 55 to a person having management responsibility for a plantation licensee or plantation sublicensee. (sec.96B-ssec.4) A function delegated under subsection (1) — is limited in its application to the relevant licence area; and if the delegated function authorises the erection or display of regulatory notices under section 34AA or 34AB or a notice under section 34G , may be exercised only for the following purposes— the protection of the health and safety of persons; prohibiting or limiting access to an area when tree felling is happening the protection of a plantation licensee’s or plantation sublicensee’s interests; prohibiting or limiting access to an area of young trees at risk of damage because of careless behaviour or general use of the area the proper maintenance of roads and tracks. prohibiting or limiting use of an unformed road to protect it from traffic damage after heavy rain (sec.96B-ssec.5) Subsection (6) applies if, in relation to a function of the chief executive delegated under this section to a plantation licensee or plantation sublicensee (each a delegate ) or an appointed person and performed by a delegate or an appointed person, the State is entitled to receive a fee prescribed under a regulation or another amount under this Act in connection with the performance of the function (each a relevant amount ). (sec.96B-ssec.6) A relevant amount— may be recovered by the delegate who performed the function or appointed the appointed person who performed the function; and if received or recovered by the delegate who performed the function or appointed the appointed person who performed the function, may be retained by the delegate; and does not form part of the consolidated fund. (sec.96B-ssec.7) Subsection (6) does not apply to the performance of a function, or a fee received, under section 72 . (sec.96B-ssec.8) In this section— appointed person means a plantation officer or plantation manager. function includes power. relevant licence area means— for a plantation licensee—the licence area for the plantation licensee’s plantation licence; or for a plantation sublicensee—the licence area for the plantation sublicensee’s plantation sublicence; or for a plantation manager—the licence area or part of the licence area for which the plantation manager is appointed; or for a plantation officer—the licence area for which the plantation officer is appointed. - (a) a plantation licensee; or - (b) a plantation sublicensee; or - (c) a plantation manager; or - (d) a plantation officer; or - (e) a registered mortgagee or an enforcing party exercising power under section 61SQ . - (a) a plantation licensee; or - (b) a plantation sublicensee; or - (c) a plantation manager; or - (d) a registered mortgagee or an enforcing party exercising power under section 61SQ . - (a) is limited in its application to the relevant licence area; and - (b) if the delegated function authorises the erection or display of regulatory notices under section 34AA or 34AB or a notice under section 34G , may be exercised only for the following purposes— (i) the protection of the health and safety of persons; Example— • prohibiting or limiting access to an area when tree felling is happening (ii) the protection of a plantation licensee’s or plantation sublicensee’s interests; Example— • prohibiting or limiting access to an area of young trees at risk of damage because of careless behaviour or general use of the area (iii) the proper maintenance of roads and tracks. Example— • prohibiting or limiting use of an unformed road to protect it from traffic damage after heavy rain - (i) the protection of the health and safety of persons; Example— • prohibiting or limiting access to an area when tree felling is happening - • prohibiting or limiting access to an area when tree felling is happening - (ii) the protection of a plantation licensee’s or plantation sublicensee’s interests; Example— • prohibiting or limiting access to an area of young trees at risk of damage because of careless behaviour or general use of the area - • prohibiting or limiting access to an area of young trees at risk of damage because of careless behaviour or general use of the area - (iii) the proper maintenance of roads and tracks. Example— • prohibiting or limiting use of an unformed road to protect it from traffic damage after heavy rain - • prohibiting or limiting use of an unformed road to protect it from traffic damage after heavy rain - (i) the protection of the health and safety of persons; Example— • prohibiting or limiting access to an area when tree felling is happening - • prohibiting or limiting access to an area when tree felling is happening - (ii) the protection of a plantation licensee’s or plantation sublicensee’s interests; Example— • prohibiting or limiting access to an area of young trees at risk of damage because of careless behaviour or general use of the area - • prohibiting or limiting access to an area of young trees at risk of damage because of careless behaviour or general use of the area - (iii) the proper maintenance of roads and tracks. Example— • prohibiting or limiting use of an unformed road to protect it from traffic damage after heavy rain - • prohibiting or limiting use of an unformed road to protect it from traffic damage after heavy rain - • prohibiting or limiting access to an area when tree felling is happening - • prohibiting or limiting access to an area of young trees at risk of damage because of careless behaviour or general use of the area - • prohibiting or limiting use of an unformed road to protect it from traffic damage after heavy rain - (a) may be recovered by the delegate who performed the function or appointed the appointed person who performed the function; and - (b) if received or recovered by the delegate who performed the function or appointed the appointed person who performed the function, may be retained by the delegate; and - (c) does not form part of the consolidated fund. - (a) for a plantation licensee—the licence area for the plantation licensee’s plantation licence; or - (b) for a plantation sublicensee—the licence area for the plantation sublicensee’s plantation sublicence; or - (c) for a plantation manager—the licence area or part of the licence area for which the plantation manager is appointed; or - (d) for a plantation officer—the licence area for which the plantation officer is appointed.