sec.26BForest entitlement areas

### sec.26B Forest entitlement areas Subject to the terms of the reservation for a forest entitlement area, a lessee or registered owner may use and occupy the forest entitlement area. If the forest entitlement area is no longer needed by the State the lessee or registered owner may buy the forest entitlement area under sections 24 and 25 . Section 24 is about the disposal of reservations no longer needed and section 25 is about the disposal of reservations by sale. If the lessee or registered owner buys the forest entitlement area, the lessee or registered owner must also pay the value of the commercial timber on the forest entitlement area. When a payment, as a first instalment or in full, is made for the forest entitlement area and the value of the commercial timber— the reservation is discharged and the area ceases to be a forest entitlement area; and the commercial timber become the property of the person for whose benefit the reservation is discharged. If the lessee or registered owner does not want to buy the forest entitlement area, possession of the forest entitlement area may be resumed, subject to section 26C , under section 24 . Section 26C is about the effect of resumptions on forest entitlement areas. For subsection (3) , the value of the commercial timber on a forest entitlement area is decided by the Minister in the way prescribed by regulation. The value of the commercial timber decided by the Minister must be its value on the day— if the lessee or registered owner applies to buy the forest entitlement area—the application was received by the Minister; or if the Minister made an offer to sell the forest entitlement area before the lessee or registered owner applied to buy the forest entitlement area—the offer was made. The lessee or registered owner may appeal against the value decided by the Minister for the commercial timber. Under section 421 (Notice of right of appeal to be given), a person who has a right to appeal against a decision must be given notice of the person’s right to appeal. However, if the lessee or registered owner appeals against the value decided by the Minister under subsections (6) and (7) , the value of the timber decided by the court must be the value of the timber on the day the appeal is decided. Subsection (9) has effect despite anything in chapter 7 , part 3 , division 3 . s 26B (prev s 175) amd 1995 No. 57 s 4 sch 1 ; 1997 No. 78 s 42 ; 2000 No. 26 s 12 sch 1 ; 2007 No. 19 s 85 (1) – (2) reloc and renum 2007 No. 19 s 85 (3) amd 2013 No. 23 s 352 s ch 1 pt 1 ; 2014 No. 29 s 25 (sec.26B-ssec.1) Subject to the terms of the reservation for a forest entitlement area, a lessee or registered owner may use and occupy the forest entitlement area. (sec.26B-ssec.2) If the forest entitlement area is no longer needed by the State the lessee or registered owner may buy the forest entitlement area under sections 24 and 25 . Section 24 is about the disposal of reservations no longer needed and section 25 is about the disposal of reservations by sale. (sec.26B-ssec.3) If the lessee or registered owner buys the forest entitlement area, the lessee or registered owner must also pay the value of the commercial timber on the forest entitlement area. (sec.26B-ssec.4) When a payment, as a first instalment or in full, is made for the forest entitlement area and the value of the commercial timber— the reservation is discharged and the area ceases to be a forest entitlement area; and the commercial timber become the property of the person for whose benefit the reservation is discharged. (sec.26B-ssec.5) If the lessee or registered owner does not want to buy the forest entitlement area, possession of the forest entitlement area may be resumed, subject to section 26C , under section 24 . Section 26C is about the effect of resumptions on forest entitlement areas. (sec.26B-ssec.6) For subsection (3) , the value of the commercial timber on a forest entitlement area is decided by the Minister in the way prescribed by regulation. (sec.26B-ssec.7) The value of the commercial timber decided by the Minister must be its value on the day— if the lessee or registered owner applies to buy the forest entitlement area—the application was received by the Minister; or if the Minister made an offer to sell the forest entitlement area before the lessee or registered owner applied to buy the forest entitlement area—the offer was made. (sec.26B-ssec.8) The lessee or registered owner may appeal against the value decided by the Minister for the commercial timber. Under section 421 (Notice of right of appeal to be given), a person who has a right to appeal against a decision must be given notice of the person’s right to appeal. (sec.26B-ssec.9) However, if the lessee or registered owner appeals against the value decided by the Minister under subsections (6) and (7) , the value of the timber decided by the court must be the value of the timber on the day the appeal is decided. (sec.26B-ssec.10) Subsection (9) has effect despite anything in chapter 7 , part 3 , division 3 . - (a) the reservation is discharged and the area ceases to be a forest entitlement area; and - (b) the commercial timber become the property of the person for whose benefit the reservation is discharged. - (a) if the lessee or registered owner applies to buy the forest entitlement area—the application was received by the Minister; or - (b) if the Minister made an offer to sell the forest entitlement area before the lessee or registered owner applied to buy the forest entitlement area—the offer was made.