25HVariation of levy

25H Variation of levy

[Section 25H of Part 5 Inserted by No. 116 of 2001, s. 7, Applied:24 Aug 2001]

(1)  In this section,

relevant time, in relation to a nett area of forest operation, means the time at which the prescribed certified forest practices plan identifying that area was lodged for certification under the Forest Practices Act 1985 .

(2)  The Authority, by notice provided to the owner of a nett area of forest operation, may vary the amount of the levy payable if the nett area of forest operation is varied –

(a) for the purposes of complying with any law which, at the relevant time –

(i) did not affect the nett area of forest operation; or

(ii) the person lodging the plan reasonably had not identified as affecting or likely to affect the nett area of forest operation; or

(b) for the purposes of the public interest and the Minister has approved the variation of the area of the nett area of forest operation; or

(c) for a prescribed purpose.

(3)  If –

(a) an owner of a nett area of forest operation has paid the whole or any part of a levy in respect of the nett area of forest operation; and

(b) that levy is varied under subsection (2) ; and

(c) the amount so paid is greater than the amount of the levy as varied –

the Authority must refund to the owner the amount paid that is in excess of the varied levy.