This Act sets up a process for the Minister to refer questions about the use of public land to the Tasmanian Planning Commission, which must investigate, seek public submissions and make recommendations that follow objectives in Schedule 1 (see ss.5,14,6). It also amends forestry and parks law, reclassifies some Crown land (ss.132,136–139) and revokes certain forestry rights in specified World Heritage and park areas (s.140). The rules affect Crown land owners, rights‑holders, agencies and industries that rely on forestry and land use approvals.
This Act, the Public Land (Administration and Forests) Act 1991 (short title at s 1), creates a statutory framework for the examination and recommendation of uses of public land in Tasmania, modifies the legal status of certain forestry and reserve lands, and amends or delegates amendments to several pre‑existing Acts relating to forestry and national parks. Mechanically, the Act does three categories of things.
First, it gives the Minister the express power to refer questions about the use of any public land to the Tasmanian Planning Commission (the Commission) for inquiry and recommendation (s 14(1)). The Act prescribes the content and procedural steps that attend such references: the form and content of a reference (s 15), a publication requirement by the Minister once a reference is made (s 14(4)), the Commission’s information‑gathering duties (ss 20-22), its requirement to prepare draft and background reports and to invite public comment (ss 21, 22, 27, 28), and obligations to submit and table final reports, including an estimate of costs incurred (ss 30-32). The Commission’s statutory function under the Act is to inquire and make recommendations on the use of public land when so required by the Minister (s 5), and it must make recommendations that further the objectives set out in Schedule 1 (s 6).
Second, the Act effects substantive changes to land categorisation and rights in specific areas. It enters into the Register of Permanent Timber Production Zone Land the lands shown on plans indexed in Schedule 9 (s 132), converts certain timber reserves into State forest where shown on the Schedule 9 plans (s 134(3)), and provides that land within the World Heritage Area that is State forest or timber reserve ceases to be so (ss 136-137). The Act revokes the dedication of specified State forests and State reserves listed in Schedule 8 (ss 138-139). It revokes forestry rights that are conferred by specified Acts where those rights apply within the World Heritage Area, Douglas‑Apsley National Park, or the areas identified in Schedule 8 Part 2 (s 140(2)). The revocations take effect by operation of the section; s 140(3) states that affected persons are not entitled to compensation, although s 140(4) permits the Treasurer, on the Minister’s recommendation, to approve discretionary compensation limited to infrastructure development in certain circumstances.
Current sections
Direct links to the current provisions in Public Land (Administration and Forests) Act 1991.
(a) the Crown (including land granted in fee simple by the Crown which has revested in the Crown by way of purchase or otherwise); or
(b) a body or authority established for a public purpose by or under a law of the State; or
(c) a body corporate –
(i) incorporated under a law of the State, of another State or of a Territory of the Commonwealth; and
(ii) in which the Crown has a controlling interest –
and includes –
(d) any such land covered by water, including the sea; and
(e) everything on, under or over any such land; and
(f) where the whole estate or interest of the Crown in land has not been alienated or otherwise disposed of by the Crown – the remaining estate or interest of the Crown in that land;
reference means a reference made by the Minister to the Commission under section 14(1) .
[Section 5 Subsection (1) amended by No. 68 of 1993, s. 8 ][Section 5 Substituted by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] It is the function of the Commission under this Act, when required to do so by the Minister, to inquire into and to make recommendations on the use of public land.
(1) The Minister may refer questions on the use of any public land to the Commission requiring it to enquire into them and to make recommendations.
(2) If the Minister considers it appropriate to do so, the Minister may include in a reference land that is not public land but is directly affected by the use of the public land the subject of the reference.
(3) The Commission may recommend to the Minister that the Minister should refer a question on the use of any specified public land to the Commission in accordance with subsection (1) .
(4) As soon as practicable after making a reference to the Commission the Minister must publish a copy of the reference in –
(a) the Gazette; and
(b) at least 3 newspapers published and circulated generally in Tasmania –
seeking comments on the terms of the reference.
15
Reference requirements
15 Reference requirements
A reference –
(a) must set out –
(i) a description of the land, distinguishing public land and other land; and
(ii) the scope of the inquiry (which may include limiting the consideration of the Commission to one proposed use of the land); and
(iii) the date by which the Commission's recommendations are to be given to the Minister; and
(iv) any principles or other matters that are or are not to be taken into account by the Commission; and
(v) any priorities to be observed by the Commission in taking those principles or other matters into account; and
(b) may require the Commission to specify in its recommendations –
(i) a preferred option giving reasons why that option is preferred; or
(ii) a range of alternatives giving, in each case, its advantages and disadvantages.
16
Notice varying or amending reference
16 Notice varying or amending reference
(1) At any time after making a reference to the Commission, the Minister may, by written notice to the Commissioner, amend or withdraw the reference or amplify any term of it.
(2) As soon as practicable after giving the notice, the Minister must publish a copy of it in –
(a) the Gazette; and
(b) at least 3 newspapers published and circulated generally in Tasmania.
Division 5
Reference procedure to be followed by Commission
Division 5 Reference procedure to be followed by Commission
17
Affected Agency Group
17 Affected Agency Group
(1) The Commission may establish an Affected Agency Group to help the Commission carry out its functions.
(2) The Commission may select as members of the Affected Agency Group people who represent Government departments and State authorities that –
(a) may have management and policy responsibilities in respect of references; or
(b) have indicated to the Commission a desire to be represented.
(3) The Commission may include as members of an Affected Agency Group people who represent Commonwealth Government departments and Commonwealth authorities that –
(a) may have management and policy responsibilities in respect of references; or
(b) have indicated to the Commission a desire to be represented.
18
Reference panels may be established
18 Reference panels may be established
(1) The Commission may establish a Reference Panel to assist the Commission to carry out its functions.
(2) The Commission must select people to be members of a Reference Panel having regard to the nature of the reference so that the Panel may include, but not be limited to, people having expertise in the following matters:
(a) soil conservation, land rehabilitation and protection;
(b) conservation of natural and cultural resources;
(c) conservation and management of water resources, including marine water resources;
(d) industry and commerce;
(e) management and commercial use of forest resources;
(f) mineral exploration and mining development;
(g) tourism and the recreational use of public land;
(h) agriculture and conservation techniques used in developing land for primary production; and
(i) aquaculture and fisheries management.
19
Other reference bodies
19 Other reference bodies
Nothing in section 17 or 18 prohibits the Commission from establishing other reference bodies to help the Commission carry out its functions or from seeking the advice of other people or groups of people for that purpose.
20
Duty of Commission to inform itself
20 Duty of Commission to inform itself
(1) It is the duty of the Commission when considering a reference to inform itself as fully as practicable in respect of all matters relevant to the reference.
(ii) any reference body established under section 18 or 19 ; and
(iii) any person or group of people the Commission considers would be directly affected by the use of the land that is the subject of the reference; and
(b) may –
(i) inspect the land that is the subject of the reference; and
(ii) seek reports from consultants, whether in Tasmania or elsewhere; and
(iii) hold hearings.
(3) Subsection (2)(b)(i) does not authorize the Commission to enter land without first giving the owner of the land written notice of its intention to do so.
(4) A recommendation of the Commission in respect of a reference is not invalidated by reason only of the failure of the Commission acting in good faith to seek submissions from any person or group of people who claim to be directly affected by the use of the land that is the subject of the reference.
21
Background report to be prepared by Commission
21 Background report to be prepared by Commission
(1) As soon as practicable after receiving a reference the Commission must prepare a background report.
(2) For the purpose of preparing a background report the Commission may seek advice from such sources as it considers will be able to provide information, including, in particular, any body established under section 17 , 18 or 19 .
(3) The background report must set out, so far as is known, the resources of the land that is the subject of the reference and any existing commitments in respect of those resources.
22
Request for submissions
22 Request for submissions
As soon as practicable after a background report has been prepared by the Commission in respect of a reference, the Commission must publish in –
(a) the Gazette; and
(b) at least 3 newspapers published and circulated generally in Tasmania –
a notice that –
(c) states that the background report has been prepared and where copies of it may be obtained or purchased; and
(d) seeks submissions on the reference as amplified by the background report; and
(e) advises people who wish to make submissions of the manner in which submissions should be prepared and sent to the Commission.
In the course of preparing recommendations on a reference, the Commission must prepare for public consideration a draft report of its proposed recommendations.
28
Public comments to be sought on reports
28 Public comments to be sought on reports
The Commission must, as soon as practicable, make copies of a draft report available to the public and provide an opportunity for public comment on it.
29
Interim reports
29 Interim reports
In the course of preparing recommendations on a reference the Commission may produce an interim report in respect of any matter the Commission considers needs particular or immediate attention.
30
Commission to submit report to Minister
30 Commission to submit report to Minister
(1) The Commission must, as soon as practicable after completing a report, including an interim report, submit it to the Minister.
(2) A final report containing the Commission's recommendations in respect of a reference must contain an estimate by the Commission of the costs, actual and notional, incurred by it in carrying out the reference.
(3) The estimate of costs referred to in subsection (2) is to include the cost of any work carried out by a Government department or State authority in respect of the reference that was additional to any work that it would normally carry out.
31
Reports only to contain majority recommendations
31 Reports only to contain majority recommendations
Neither the Commission, nor any Commissioner, is to prepare any interim or other report in respect of a reference other than a report containing recommendations supported by all of the members of the Commission appointed in respect of the reference or a majority of them.
32
Reports to be tabled
32 Reports to be tabled
(1) The Minister must lay a copy of a report, including an interim report, before each House of Parliament within 10 sitting days of that House after the day on which the Minister receives the report from the Commission.
(2) The Minister must make a report, including an interim report, available to the public 21 days after receiving it from the Commission if it has not sooner been laid before either House of Parliament.
North Broken Hill Limited means the company of that name incorporated under the Corporations Law of Victoria (Australian Company Number 004 208 904) and having its registered office at 476 St. Kilda Road, Melbourne in Victoria;
(2) *[Section 120 Subsection (2) amended by No. 25 of 1994, s. 45 and Sched. 3 ]*A proclamation to commence section 123 , 124 , 125 or 126 is to be made on the recommendation of the Forestry corporation.
(3) *[Section 120 Subsection (3) amended by No. 25 of 1994, s. 45 and Sched. 3 ]*The Forestry corporation must not make a recommendation for the purposes of subsection (2) unless –
(a) in the case of sections 123 and 124 – the Forestry corporation and North Broken Hill Limited agree; and
(b) in the case of section 125 – the Forestry corporation and Australian Newsprint Mills Limited agree; and
(c) in the case of section 126 – the Forestry corporation and Tasmanian Pulp & Forest Holdings Limited agree.
ceases, by virtue of this subsection, to be so reserved.
(4A) *[Section 134 Subsection (4A) inserted by No. 25 of 1994, s. 45 and Sched. 3 ]*For the purposes of subsections (3) and (4) , any land that was reserved as a timber reserve under an enactment that was in force at any time before the date of commencement of the Forestry Act is taken to be land that was reserved as a timber reserve under section 18 (1) of the Forestry Act in force immediately before the commencement of this Act.
(5) For the avoidance of doubt, nothing in this Act affects the validity of a forest management plan in force immediately before the commencement of this Act.
(6) If, before the commencement of this Act, the Forestry Commission had started to prepare a forest management plan under the provisions of Part IIIA of the Forestry Act , as in force immediately before that commencement, the Minister may consent to that plan being completed and approved in accordance with those provisions as if the Forestry Act had not been amended by this Act.
(c) such time as the licence expires and is not renewed; or
(d) the expiration of the period of 3 years immediately following the commencement of this Act –
whichever first occurs.
(9) *[Section 134 Subsection (9) amended by No. 25 of 1994, s. 45 and Sched. 3 ]*The Governor may, on the recommendation of the Forestry corporation, make regulations of a savings or transitional nature consequent on the enactment of this Act.
(10) A regulation referred to in subsection (9) may, if the regulation so provides, take effect from the date of commencement of this Act or a later date.
Part 6
Provisions relating to World Heritage Area and National Parks
Part 6 Provisions relating to World Heritage Area and National Parks
135
Interpretation
135 Interpretation
*[Section 135 Amended by No. 25 of 1994, s. 45 and Sched. 3 ]*In this Part –
Revocation of forestry rights in respect of World Heritage Area, &c.
140 Revocation of forestry rights in respect of World Heritage Area, &c.
(1) In this section infrastructure development means roads, bridges and similar works constructed on the land specified in subsection (2) .
(2) Any forestry right that is conferred on a person in respect of land that is within –
(a) the World Heritage Area; or
(b) the Douglas-Apsley National Park; or
(c) any of the areas of Crown land specified in Part 2 of Schedule 8 – is revoked.
(3) A person is not entitled to any compensation as a result of the revocation of a forestry right under subsection (2) .
(4) Nothing in subsection (3) prohibits the Treasurer, on the recommendation of the Minister, from approving the payment of compensation to a person in respect of any infrastructure development carried out by that person pursuant to the exercise of a forestry right specified in subsection (2) if, in the Treasurer's opinion, it is equitable to do so.
(5) Any compensation approved under subsection (4) is payable from funds made available for the purpose by Parliament.
(a) the administration of this Act, excepting Parts 3 , 4 , 5 and 6 , is assigned to the Minister for Environment and Planning, and the Department responsible to that Minister in relation to the administration of this Act is the Department of Environment and Planning; and
(b) the administration of Parts 3 , 5 and 6 of this Act is assigned to the Minister for Forests, and the Department responsible to that Minister in relation to the administration of those Parts of this Act is the Department of Forestry; and
(c) the administration of Part 4 of this Act is assigned to the Minister for Parks, Wildlife and Heritage, and the Department responsible to that Minister in relation to the administration of that Part of this Act is the Department of Parks, Wildlife and Heritage.
| | |
| 1. | Pulpwood Products Industry (Eastern and Central Tasmania) Act 1968 (No. 71 of 1968). |
| | |
| 2. | Pulpwood Products Industry (Eastern and Central Tasmania) Act 1971 (No. 24 of 1971). |
SCHEDULE 8 - Land Specified in
SCHEDULE 8 - Land Specified in Part 4
SCHEDULE 8 - Land Specified in SCHEDULE 8 - Land Specified in Part 4
Sourced from Tasmanian Legislation Online (legislation.tas.gov.au), CC BY 4.0.
Part 1 Preliminary
Part 1 Preliminary
1 Short title
1 Short title
This Act may be cited as the Public Land (Administration and Forests) Act 1991 .
2 Commencement
2 Commencement
(1) This Act, except sections 122 , 123 , 124 , 125 and 126 and Schedules 3 , 4 , 5 , 6 and 7 , commences on the day on which it receives the Royal Assent.
(2) Subject to section 120(2) , each provision excepted under subsection (1) commmences on a day or days to be proclaimed.
3 Act to bind Crown
3 Act to bind Crown
This Act binds the Crown in right of Tasmania and, so far as the legislative power of Parliament permits, in all its other capacities.
Part 2 Public Land Use Commission
Part 2 Public Land Use Commission
Division 1 Preliminary
Division 1 Preliminary
4 Interpretation of Part
4 Interpretation of Part
In this Part, unless the contrary intention appears –[Section 4 Amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998]
[Section 4 Amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998][Section 4 Amended by No. 28 of 2009, s. 47, Applied:01 Sep 2009]Commission means the Tasmanian Planning Commission established under the Tasmanian Planning Commission Act 1997 ;
[Section 4 Amended by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998]Commissioner means the chairperson of the Commission;
public land means land in the State vested in –
Third, the Act carries a substantial program of consequential amendments and repeals across forestry and related legislation. Parts 3 and 4 amend the Forestry Act 1920 and the National Parks and Wildlife Act 1970 (see ss 52, 115 and the many notes in Part 3 and Part 4 that amendments have been incorporated into the authorised versions of those Acts). Part 5 implements commencement rules and transitional provisions for the savings and transfer of responsibilities (ss 120, 121, 134). Administrative responsibility for different Parts is assigned between Ministers and Departments pending Administrative Arrangements Orders (s 141).
The Act thus creates a rulebook for Ministerial references to a statutory planning/land‑use commission; institutes mapping and registration changes to timber production zones and related dedications (via Schedule 9 and Schedule 8); and revokes specified forestry rights and dedications within defined conservation areas with specific compensation rules. The Act also establishes procedural protections and public‑engagement steps that shape how public land use decisions are investigated and reported (see ss 20-32).
Main concepts
Public land: The Act defines “public land” broadly to cover Crown land, land vested in public-purpose statutory bodies, and corporates in which the Crown has a controlling interest, and explicitly includes land covered by water and “everything on, under or over any such land” (s 4, definition of public land). This definition is the starting point for deciding what land can be the subject of a reference under Part 2.
Reference: A “reference” is a written direction from the Minister to the Commission under s 14(1) that triggers the Commission’s inquiry function (s 4, definition of reference; s 14). A reference must describe the land, specify the scope and timing, and may set principles and priorities or limit the Commission’s consideration to a particular proposed use (s 15). The Minister must publish the reference and seek comments (s 14(4)).
Commission and Commissioner: The “Commission” is defined as the Tasmanian Planning Commission under the Tasmanian Planning Commission Act 1997, and “Commissioner” means the chairperson of the Commission (s 4). The Commission’s statutory function under this Act (when required by the Minister) is to inquire into and make recommendations on the use of public land (s 5). The Commission must follow the policy objectives in Schedule 1 when making recommendations (s 6).
Objectives: Schedule 1 sets out two tiers of objectives. Part 1 sets objectives for the broader resource management and planning system (including sustainable management and public involvement). Part 2 sets objectives specific to the Commission, emphasising balanced land use, thorough evaluation of long‑term suitability, public involvement, and the acquisition and sharing of information (s 6 refers the Commission to Schedule 1).
Procedure and transparency: The Act prescribes a procedural sequence: background report (s 21), public notice inviting submissions (s 22), draft report for public comment (s 27-28), and interim reports where urgent matters arise (s 29). The Commission must inform itself as fully as practicable, seek submissions from the public and directly affected persons, may inspect land but must give written notice to owners before entering (s 20). Final reports must include an estimate of actual and notional costs incurred, including costs of additional departmental work (s 30(2)). Reports must reflect the majority view of the Commission members appointed for the reference (s 31). The Minister must table reports before Parliament within prescribed time and make them public (s 32).
Land status changes and revocations: The Act declares certain mapped lands to be entered in the Register of Permanent Timber Production Zone Land (s 132), and provides that land within the World Heritage Area ceases to be State forest or timber reserve (ss 136-137). It revokes forestry rights over specified conservation lands (s 140) and delineates that holders of those rights are not entitled to compensation (s 140(3)), subject to a narrowly framed Treasurer discretion (s 140(4)-(5)) to compensate for infrastructure development.
Interplay with existing Acts and administrative assignments: The Act amends, repeals or incorporates amendments into multiple forestry and national park Acts (Parts 3-5, Schedules 2-7). It also assigns administrative responsibility for Parts to particular Ministers and Departments pending an Administrative Arrangements Order (s 141). Several sections are applied, substituted or repealed by later amending Acts, signalled in the text (for example s 4 amended by No. 85 of 1997 and No. 28 of 2009; ss 6 and 7 substituted by No. 85 of 1997).
Key institutional concepts are thus: Ministerial referral power, the Commission’s inquiry/reporting role bound by Schedule 1 objectives and procedural rules, mapping/registration changes for timber production zones and State forest/reserve status, and the revocation of private forestry rights in specified conservation areas with a specified compensation rule.
Who it affects
The Act allocates decision rights and creates practical effects for multiple cohorts. List of principal actors and how they are affected, with the statutory hooks.
Minister and Government:
The Minister has the power to initiate references to the Commission on the use of public land (s 14(1)), to include non‑public land directly affected by the public land (s 14(2)), to amend or withdraw references (s 16(1)), and must publish references and any notice of amendment (s 14(4), s 16(2)). The Minister also receives the Commission’s reports and must table them before Parliament and make them public (s 30-32). For revocations and discretionary compensation, the Minister makes recommendations to the Treasurer (s 140(4)).
Tasmanian Planning Commission and Commissioner:
The Commission is the statutory decision‑maker for inquiries referred by the Minister (s 5). It must pursue the objectives in Schedule 1 (s 6), seek submissions and evidence (s 20), prepare background and draft reports (ss 21, 27), assess costs incurred (s 30(2)), and produce reports that represent the majority view of the Commissioners appointed to the reference (s 31). The Commissioner is the chairperson, who receives ministerial notices to amend/withdraw references (s 16(1)).
Public and directly affected persons:
The public generally is invited to make submissions in relation to references (s 20(2)(a)(i)) and to comment on draft reports (s 28). Persons “directly affected” by the use of subject land must be sought for submissions (s 20(2)(a)(iii)). A person whose land the Commission wishes to inspect must receive written notice before entry (s 20(3)).
Government departments and State authorities:
The Commission may form Affected Agency Groups and include departmental representatives (s 17). Departments may be required to perform additional work for a reference; the Commission must estimate such costs as part of its final report (s 30(2)). Departments may therefore face additional administrative work and cost accounting obligations.
Forestry corporation and specified companies:
The Forestry corporation (established under s 6 of the Forestry Act, cited in s 120) has a statutory role in commencement decisions for sections listed in Part 5: specifically, a proclamation to commence ss 123-126 is to be made on the recommendation of the Forestry corporation (s 120(2)). The Forestry corporation must not recommend commencement unless it agrees with named private companies in specified cases (s 120(3)(a)-(c)), naming North Broken Hill Limited, Australian Newsprint Mills Limited, and Tasmanian Pulp & Forest Holdings Limited. Those companies are directly referenced and, therefore, are stakeholders with procedural veto-like influence in relation to the listed commencements.
Holders of forestry rights and private rights:
Forestry rights conferred under numerous legacy Acts are expressly revoked where they apply in the World Heritage Area, Douglas‑Apsley National Park, and parts of Schedule 8 (s 140(2)). Those right‑holders lose statutory rights without an entitlement to compensation (s 140(3)), subject only to a limited discretionary payment by the Treasurer for infrastructure development (s 140(4)-(5)).
Landowners and title‑interested parties:
Crown land, land vested in authorities, and land in which the Crown has a remaining estate or interest are all potentially affected because the Act operates on those categories when creating dedications, revocations, and register entries (s 4 definition of public land; ss 132, 134, 136-139).
Parliament and the public record:
The Minister must lay reports before both Houses within a fixed time frame and make reports publicly available (s 32). The requirement embeds parliamentary oversight and public transparency into the Commission’s process.
In summary, the Act affects executive decision‑makers (Minister, Treasurer, Forestry corporation), an expert administrative body (the Commission), multiple private companies named in commencement provisions, right‑holders in forestry regimes, Government departments that may be asked to perform extra work, and members of the public and land‑affected stakeholders who must be consulted under prescribed steps. The statutory hooks specifying who decides and when are s 14 (Minister referrals), s 5-6 and Schedule 1 (Commission functions and objectives), s 120 (Forestry corporation and company agreements), and s 140 (revocation of forestry rights and compensation rules).
Key duties and rights
The Act imposes procedural duties, substantive effects on land status and rights, and obligations on ministers, agencies and the Commission. Below are the principal duties and statutory rights, with section references.
Ministerial duties and rights:
Power to refer land‑use questions to the Commission (s 14(1)).
Discretion to include non‑public land directly affected by use of public land in a reference (s 14(2)).
Duty to publish copies of a reference and of any notice varying or withdrawing the reference in the Gazette and in at least three newspapers (s 14(4), s 16(2)).
Duty to lay any report received from the Commission before each House of Parliament within 10 sitting days of receipt (s 32(1)). If not laid sooner, must make the report available to the public after 21 days (s 32(2)).
Commission duties and rights:
Function to inquire and make recommendations when the Minister requires it (s 5).
Obligation to make recommendations that further the objectives in Schedule 1 (s 6).
Duty to address specified matters before making recommendations: identify resources, values (environmental, cultural, social, industrial, economic and others), possible uses, assess full costs and benefits of uses and combinations, and consider any other relevant aspects (s 7).
Duty to inform itself as fully as practicable: seek submissions from the public, reference bodies and directly affected persons; may inspect land (with prior written notice to owner), commission consultant reports and hold hearings (s 20).
Duty to prepare a background report as soon as practicable (s 21) and to publish a notice inviting submissions when the background report is available (s 22).
Duty to prepare draft reports and allow public comment (ss 27-28), and may produce interim reports on urgent matters (s 29).
Duty to submit reports, including an estimate of actual and notional costs incurred and of additional departmental work, to the Minister (s 30(1)-(2)).
Constraint that reports must reflect majority recommendations; neither the Commission nor an individual Commissioner may publish interim or other reports containing recommendations unless supported by all or a majority of the members appointed for the reference (s 31).
Public and stakeholder participatory rights and duties:
Right to make submissions when invited by the Commission (s 20(2)(a)(i), s 22(d)).
Right to receive and comment on draft reports (s 28).
Duty to follow published directions on the manner of preparing and sending submissions if set out in the Commission’s notice (s 22(e)).
Land and rights holders:
Holders of forestry rights that fall within the World Heritage Area, Douglas‑Apsley National Park, or Schedule 8 Part 2 areas have their forestry rights revoked by operation of s 140(2).
The Act removes any statutory entitlement to compensation for revocation of those forestry rights (s 140(3)). However, the Treasurer may, on the Minister’s recommendation and if he or she considers it equitable, approve compensation for infrastructure development carried out by a person pursuant to the revoked forestry right (s 140(4)-(5)). Any approved compensation is payable from Parliament‑appropriated funds (s 140(5)).
Administrative duties:
Departments and State authorities may be represented on Affected Agency Groups (s 17), and any additional work they carry out for a reference must be costed into the Commission’s estimate of costs (s 30(2)).
The Governor may make regulations for Part 2 of the Act (s 51).
Land status operations:
Lands shown on plans in the Schedule 9 index map are entered in the Register of Permanent Timber Production Zone Land by virtue of s 132(1). The entry is automatic and requires no further act beyond the statutory declaration and the presence of plans registered in the Central Plan Register (s 132(2)).
Lands that were timber reserves immediately before the Act and that are shown as permanent timber production zone land on the Central Plan Register become dedicated as State forest (s 134(3)). Conversely, timber reserves that are not so included cease to be reserved (s 134(4)).
Constraints on action and property protection:
The Commission may inspect land but must give prior written notice to the owner before entering (s 20(3)).
The Act binds the Crown in right of Tasmania (s 3).
These duties and rights define who must act and how, specify transparency and public consultative steps, create automatic mapping and register entries for timber production zones and State forests, and produce a narrowly defined framework for revocation of private forestry rights with a limited compensation pathway. Practitioners should note the cross‑references to the Forestry Act and National Parks and Wildlife Act (ss 52, 115) for overlapping duties and rights.
Penalties and enforcement
The Act’s text supplied contains limited express penal provisions. It primarily operates through administrative powers, declarations of land status, and procedural requirements. The principal enforcement and sanctioning mechanisms are therefore administrative rather than criminal. Specific observations from the text:
Absence of express criminal penalties in Part 2: The provisions governing references, Commission procedures and report handling (ss 14-32) set mandatory duties (for example, publication, consultation and report content obligations) but do not specify fines, offences, or enforcement mechanisms for non‑compliance in the provisions reproduced. The Governor has power to make regulations for Part 2 (s 51), and such regulations might, in principle, create offences, but none are specified in the Act text provided.
Administrative effect and statutory operation as enforcement: Several sections effect immediate legal change by operation of statute rather than by penalty. For example, s 132 enters specified land in the Register of Permanent Timber Production Zone Land by virtue of the section; s 136 and s 137 cause land within the World Heritage Area that is State forest or timber reserve to cease to be so; s 138-139 revoke dedications. Those statutory operations alter legal rights and titles without requiring further administrative action or enforcement proceedings. The practical enforcement of those changes will be through the land administration and land registry processes (Central Plan Register entries, and relevant departments) rather than penal sanctions.
Revocation of forestry rights and compensation: s 140 revokes specified private forestry rights and unequivocally displaces any statutory entitlement to compensation for those revocations (s 140(3)). The provision is self‑executing: rights are revoked by the statute. The only “remedial” financial avenue is a discretionary recommendation by the Minister and approval by the Treasurer for compensation for infrastructure development (ss 140(4)-(5)). That discretion is not an enforcement mechanism but an exceptional payment pathway subject to the normal appropriation process.
Regulatory powers: The Governor may make regulations for Part 2 (s 51). Regulations could create administrative obligations and, in other statutes, often prescribe offences and penalties; however, the text supplied does not list any particular regulations or fines enacted under s 51.
Interplay with other Acts for enforcement: The Act amends and interacts with other Acts (Forestry Act, National Parks and Wildlife Act, Crown Lands Act). Enforcement and penalties relating to forestry operations, park protections, or entry offences may therefore be found in those Acts rather than in this statute. For example, s 134(7)-(8) preserves administration under the Crown Lands Act 1976 for certain leased or licensed Crown lands that become State forest by virtue of this Act , practical enforcement of lease terms, licences and offences will be governed by the Crown Lands Act while such leases or licences subsist.
Administrative oversight: The requirement to table reports before Parliament and to make them public (s 32) creates a transparency and accountability mechanism. Parliament, ministers and public scrutiny function as governance enforcement rather than as criminal enforcement.
In short, the Act enforces compliance mainly through administrative declarations, procedural requirements, and public and parliamentary oversight. It contains no standalone suite of criminal penalties in the text provided; readers should review regulations made under s 51 and the other Acts amended by this statute (Forestry Act, National Parks and Wildlife Act, Crown Lands Act) for offence provisions and enforcement measures that apply in practice.
How it interacts with other laws
The Act is explicitly designed to operate alongside and to amend multiple pre‑existing statutes. The Act cross‑references, amends and delegates to other legislation at numerous points; understanding these interactions is essential for correct legal application.
Direct references and cross‑definitions:
The Act defines “Commission” as the Tasmanian Planning Commission established under the Tasmanian Planning Commission Act 1997 (s 4). Practically, the Commission’s institutional rules, membership and procedural capacities derive from that Act as well as from this one.
The Act treats the Forestry Act 1920 and the National Parks and Wildlife Act 1970 as primary touchstones. Parts 3 and 4 are expressly titled “Amendments of Forestry Act” and “Amendment of National Parks and Wildlife Act” and direct that many amendments have been incorporated into the authorised versions of those Acts (ss 52, 115 and the notes at ss 53-74 and ss 116-118). Users must consult the current authorised Forestry Act and National Parks and Wildlife Act texts to see the exact integrated outcomes.
Specific statutory interactions:
Crown Lands Act 1976: s 134(7)-(8) preserves the administration of certain Crown land (leased or licensed before commencement) under the Crown Lands Act even after this Act causes that land to become State forest. This creates a temporary coexistence: the land follows Crown Lands Act administration until the lease expires or licence is not renewed, or for up to three years in respect of licences, whichever occurs first (s 134(7)-(8)).
Forestry Act and private rights: s 135’s definitions import meanings from the Forestry Act (for example, “private right” as assigned by s 22A of the Forestry Act). Section 140 revokes forestry rights as defined, so the operation of revocation must be understood in the context of the Forestry Act’s definition and historic grant mechanisms.
Central Plan Register and land mapping regimes: s 132(2) makes entry into the Register of Permanent Timber Production Zone Land contingent on plans being registered in the Central Plan Register; Schedule 9 supplies the index map. Handling of land status therefore depends on plan registration mechanics and land registry law.
Administrative Arrangements Act 1990: s 141 assigns administrative responsibility for Parts of this Act between Ministers and Departments until an Administrative Arrangements Order is made under the Administrative Arrangements Act. The eventual administrative alignment and departmental responsibility therefore depend on orders under that separate Act.
Regulations and consequential amendments: The Governor’s regulation‑making power for Part 2 (s 51) enables implementing rules; Part 5 contains many provisions that effect consequential amendments and repeals of other Acts (Schedules 2-7). The Act frequently records that amendments have been incorporated into the authorised versions of specified Acts , a flag to consult those updated texts for the operative provisions now sitting outside this statute.
Impact on other regimes:
Revocation of forestry rights within World Heritage or certain national park areas (s 140) affects rights that were previously created under an array of industry‑specific Acts (s 135 list includes Associated Pulp and Paper Mills Act 1936; Florentine Valley Paper Industry Act 1935; Huon Valley Pulp and Paper Industry Act 1959; National Park and Florentine Valley Act 1950; Wood‑pulp and Paper Industry Encouragement Act 1926, among others). Rights‑holders who relied on those regimes are directly displaced by s 140, and they must look to the Forestry Act definitions and this Act’s compensation rules rather than to the original enabling statutes for a remedy.
The Act’s requirement that the Commission’s recommendations further the objectives in Schedule 1 (s 6) aligns its tasks with the broader resource management planning objectives that the Schedule articulates. Those objectives , sustainable management, public involvement, and facilitating economic development consistent with environmental objectives , will interact with decision‑making under the Resource Management and Planning framework in the State.
Transitional and savings interplay:
s 134 contains detailed savings and transitional provisions to reconcile the repeal or amendment of forestry and reserve provisions in other Acts with the continued validity of dedications, forest management plans, leases and licences. Regulators and practitioners must follow s 134’s rules to determine which statutory regime applies at any given time when overlapping instruments exist.
In practical terms, the Act is not standalone: it is a coordinating statute that uses plan registration, definitions and decision processes drawn from other primary Acts, and imports administrative oversight through Administrative Arrangements Orders. Practitioners must read the Forestry Act 1920, National Parks and Wildlife Act 1970, Crown Lands Act 1976, and any regulations made under this Act (s 51) alongside this statute to determine operative duties, enforcement and remedies.
Amendment history
The Act as supplied shows several in‑text amendment annotations, reflecting subsequent legislative changes that altered text, substituted sections or repealed provisions. The Act’s own commencement clause sets out which sections commenced on Royal Assent and which were left to proclamation (s 2). Key amending interventions evident in the text include the following (citations are to the amendment notes attached to the relevant sections in the provided text).
No. 85 of 1997: Multiple substitutions and repeals executed by Schedule 4 of that amending Act. For example, s 4 (interpretation of Part 2) was amended by No. 85 of 1997, Schedule 4 (applied 1 Jan 1998); Division 2 of Part 2 (functions of Commission) was substituted by No. 85 of 1997, Schedule 4; numerous sections and whole divisions in Part 2 were repealed or substituted by that amendment (see multiple inline notes: e.g. ss 5, 6, 7, many repealed sections and divisions).
No. 68 of 1993: s 5(1) was amended by No. 68 of 1993, s 8 (as annotated in s 5).
No. 28 of 2009: s 4 was amended by No. 28 of 2009, s 47 (applied 1 Sep 2009) to define “Commission” as the Tasmanian Planning Commission.
No. 25 of 1994: s 120 and s 134 contain amendment notes indicating substitutions or insertions by No. 25 of 1994 (s 45 and Schedule 3). For example, s 120(1) includes definitions added or amended by No. 25 of 1994; s 134(1) substituted by No. 25 of 1994.
No. 42 of 2001: s 120(1) includes definitions added by No. 42 of 2001, Schedule 1 (applied 15 Jul 2001), which introduce named companies such as Australian Newsprint Mills Limited and Tasmanian Pulp & Forest Holdings Limited.
No. 55 of 2000: s 135 was amended by No. 55 of 2000, Schedule 1, and Schedule 9 was substituted by No. 55 of 2000, Schedule 1 (applied 14 Jul 2000) , these amendments relate to definitions and to the Index Map for permanent timber production zone land.
No. 7 of 2013: Schedule 9 and s 132 were amended by No. 7 of 2013, Schedule 9, applied 3 Jun 2013 (see s 132 and Schedule 9 annotations).
Numerous sections in Part 3 and Part 4 are annotated with “The amendments effected by these sections have been incorporated into the authorised version of the [Forestry Act 1920]” and similar statements for the National Parks and Wildlife Act. These annotations indicate that the operative changes have been migrated into the principal Acts rather than remaining as freestanding provisions in this Act’s text.
Commencement complexity and company consent rules:
s 2 sets the general commencement rule that most sections commence on the day of Royal Assent, but ss 122-126 and Schedules 3-7 are uncommenced or to be proclaimed (s 2(1)-(2)). s 120 imposes a requirement that certain sections (ss 123-126) only commence by proclamation on recommendation of the Forestry corporation and, in some cases, only where the Forestry corporation and specified private companies agree (s 120(2)-(3)). That mechanism has been amended over time (noted in s 120’s amendment history).
Savings, transitions and incorporated amendments:
s 134 contains transitional rules and savings, and annotations show s 134 was substantially updated by No. 25 of 1994 and further amended by No. 55 of 2000 and No. 7 of 2013; s 134(3)-(4) implement conversion or cessation of timber reserve status depending on Schedule 9 mapping. The Act’s schedules (2-9) summarise Acts repealed and amended and the land mapping changes; many entries show that the consequential amendments have been incorporated into the authorised versions of the relevant Acts.
Practical consequence for users:
The many inline amendment notes indicate that the Act has been subject to iterative adjustment. Practitioners should consult the current authorised and consolidated texts of the Forestry Act 1920, the National Parks and Wildlife Act 1970 and the related Acts referred to in Schedules to confirm the current operative words and any downstream amendments not repeated here. The annotations in the Act indicate where content has been migrated to authoritative versions of other statutes, a cue to query the consolidated statutes rather than rely solely on this original Act’s printed variant.
Litigation history
The statutory text provided does not cite any judicial decisions, nor does it record litigation history or reference court interpretations. It contains no case law annotations in the margins and does not list any judicial controversies or appellate rulings relating to the Act.
As the Act makes substantive changes to land status, private forestry rights and administrative processes, litigation could arise in practice from disputes over:
the interpretation of mapped boundaries and the Central Plan Register entries (s 132, Schedule 9);
the application of s 140 revocations and the availability (or not) of compensation under s 140(3)-(5);
the procedural adequacy of Commission inquiries, including claims that it did not properly seek submissions or failed to inform itself as fully as practicable (s 20), or that the Minister’s reference was beyond power under s 15; and
disputes about whether the transitional provisions in s 134 apply to particular parcels or arrangements governed by the Crown Lands Act 1976, Forestry Act or other Acts.
However, because no cases are named in the provided text, and because the developer instructions prohibit inventing cases or citing cases not present in the source, this deep dive records no litigation history. Users requiring judicial interpretation should search contemporary Tasmanian decisions and consolidated law reports for cases invoking ss 132-140, s 134 transitional provisions, or the Commission’s reference procedure.
Gotchas
Several features of the Act are easy to miss but carry practical consequences. These are concrete operational “gotchas” grounded in the statutory text.
Automatic statutory changes via plan registration (s 132, s 134):
s 132(1) enters in the Register of Permanent Timber Production Zone Land, by virtue of the section, land shown on plans indexed in Schedule 9. The legal effect is automatic: a plan’s registration in the Central Plan Register triggers entry. Practitioners must therefore confirm the exact content and registration status of Central Plan Register plans; the mapping record is the operative instrument, not a separate proclamation or administrative decision.
Loss of forestry rights without compensation (s 140):
s 140(2) revokes forestry rights where they apply within the World Heritage Area, Douglas‑Apsley National Park, or specified Schedule 8 areas; s 140(3) provides that a person is not entitled to any compensation as a result of that revocation. This statutory rule extinguishes an ordinary expectation that a loss of right will attract compensation. The only statutory exception is a discretionary Treasurer payment on the Minister’s recommendation limited to infrastructure development carried out under the revoked right (s 140(4)-(5)). Affected right‑holders must take immediate advice: the Act forecloses statutory compensation except via a rare discretionary mechanism.
Commission reports must reflect majority view (s 31):
Neither the Commission nor any Commissioner may prepare an interim or other report unless it contains recommendations supported by all or a majority of members appointed for the reference (s 31). This bars publication of minority reports by the Commission itself. Stakeholders expecting individual Commissioners to publish dissenting reports as a matter of course should note the statutory constraint.
Entry onto private land requires prior written notice (s 20(3)):
While the Commission may inspect land (s 20(2)(b)(i)), it does not have an unconstrained right of entry; it must first give the owner written notice of its intention to enter (s 20(3)). Failure to give such notice might invalidate the inspection step or raise procedural complaints.
Ministerial control over scope and principles (s 15):
The Minister’s reference can prescribe principles or matters that are or are not to be taken into account and may set priorities (s 15(a)(iv)-(v)). The Minister may also limit the inquiry’s scope to a single proposed use (s 15(a)(ii)). These are powerful levers that can shape the inquiry. Stakeholders should review the reference terms closely because they are binding limits on the Commission’s remit.
Publication obligations and timing (ss 14, 16, 22, 32):
The Act imposes multiple publication duties on the Minister and the Commission. The Minister must publish the reference and any amendments in the Gazette and at least three newspapers (s 14(4), s 16(2)). The Commission must publish notices about background reports and how to make submissions (s 22). The Minister must table Commission reports before Parliament within 10 sitting days or publish them within 21 days (s 32). Missed publication steps can be grounds for procedural challenge or political scrutiny.
Forestry corporation and company consent rules for commencement (s 120):
s 120(2)-(3) requires the Forestry corporation’s recommendation for proclamation of certain sections and conditions the Forestry corporation’s recommendation on agreement with named companies for particular sections. This embeds specified private companies into the commencement mechanics and can delay or block the commencement of provisions unless those companies agree. This is a procedural and political complexity that may affect the timing of particular reforms.
Many repeals and incorporated amendments:
The Act contains numerous notes indicating that amendments have been incorporated into the authorised versions of the Forestry Act, National Parks and Wildlife Act and other statutes (Parts 3-5, Schedules 2-7). Practitioners should not assume that the operative text of related rules remains in this Act; they must consult the consolidated texts of the amended Acts to get a complete picture.
No explicit statutory penalty scheme in this text:
The Act relies on administrative and declaratory mechanisms rather than an internal penalty schedule. Stakeholders looking for offence provisions should check regulations under s 51 and the Acts amended by this statute.
These “gotchas” highlight the importance of checking plan registrations in the Central Plan Register, reading references and draft reports carefully to detect any ministerial scope limits, advising forestry right‑holders urgently about revocation consequences, and consulting the consolidated versions of the Forestry Act and National Parks and Wildlife Act for operative text that this Act transfers or modifies.
How to comply
Compliance obligations flow chiefly to Ministers, the Commission, Government departments and agencies, identified forestry right‑holders, and landowners. Practical compliance steps, mapped to statutory duties:
If you are a Minister or Ministerial office:
Draft references with care. Ensure the reference complies with s 15: include a clear description of the land, specify the inquiry scope, set the deadline for the Commission’s recommendations, and identify any principles, matters or priorities to be taken into account. If you intend to limit the inquiry to a single proposed use, state that expressly (s 15(a)(ii)-(iii)).
Observe publication duties. Publish the reference promptly in the Gazette and in at least three newspapers circulating generally in Tasmania to satisfy s 14(4). If you later amend or withdraw a reference, give written notice to the Commissioner and publish that notice under s 16(1)-(2).
Prepare to table reports. Upon receipt of any Commission report, lay it before both Houses within 10 sitting days or, if not laid sooner, make it public within 21 days (s 32). Ensure Ministerial and Parliamentary advisers are ready for the report timetable.
If you are the Commission or an appointed Commissioner:
Follow Schedule 1 objectives. s 6 makes it the Commission’s obligation to make recommendations that further the Schedule 1 objectives. Use Schedule 1 as the decision‑making yardstick.
Meet the duty to inform itself. Actively seek submissions from the public, reference bodies, and persons likely to be directly affected (s 20(2)(a)(i)-(iii)). Publish background reports and notices (ss 21-22) and provide clear directions for submission content and lodgement (s 22(e)).
Observe entry rules. If you propose to inspect private land, give owners written notice ahead of entry as required by s 20(3).
Prepare draft and final reports consistent with s 27-31. Allow public comment on draft reports, prepare any interim reports only where necessary, and ensure that final reports include a full estimate of costs incurred by the Commission and additional work carried out by departments (s 30(2)). Ensure that any report you submit contains recommendations supported by a majority of the appointed Commissioners (s 31).
Maintain transparent recordkeeping and evidence of consultation to withstand procedural challenge or review.
If you are a Government department or State authority:
If invited, participate in Affected Agency Groups (s 17) and be prepared to provide expertise, data and additional work. Track time and resources spent on references because the Commission must include estimates of additional departmental costs in its final report (s 30(2)).
Where your agency occupies land that is the subject of a reference, ensure internal processes for coordinating submissions and responding to Commission inquiries are in place.
If you are a holder of forestry rights or a private right defined in s 135:
Immediate legal review is required where your rights may fall within the World Heritage Area, Douglas‑Apsley National Park, or Schedule 8 Part 2 areas. s 140 revokes forestry rights in those areas and s 140(3) expressly states there is no entitlement to compensation. If you believe you have carried out infrastructure development under a forestry right, prepare to document those works and consider applying to the Minister/Treasurer for discretionary compensation, noting s 140(4)-(5) provides a narrow discretionary path that requires the Treasurer to consider equity and requires funds to be appropriated by Parliament.
Monitor the Central Plan Register and Schedule 9 mapping (s 132). If land you exploit for forestry has been entered as permanent timber production zone land or otherwise had its status changed (s 132, s 134), check how dedication or cessation rules apply to your tenure and operations.
If you are a landowner or person directly affected by a reference:
Watch for Gazette notices and local newspaper publications referenced in s 14(4) and s 22. Ensure you obtain the background report promptly and make a timely, properly formatted submission following any directions in the Commission’s notice (s 22(e)).
If the Commission indicates it will inspect your land, expect written notice of intention to enter (s 20(3)) and prepare any documentation or witnesses for hearings if the Commission schedules them (s 20(2)(b)(iii)).
If you are the Forestry corporation or a named company in s 120:
Be aware that certain proclamations require the Forestry corporation’s recommendation and, in specified cases, agreement with named companies (s 120(2)-(3)). Those companies named in s 120(1)-(3) (North Broken Hill Limited, Australian Newsprint Mills Limited, Tasmanian Pulp & Forest Holdings Limited) therefore have procedural leverage in commencement decisions. Legal and commercial teams for those entities should track proposed commencements and be ready to engage in the inter‑party agreement processes contemplated by s 120.
Administrative and registry compliance:
Where the Act relies on the Central Plan Register for effecting entries (s 132(2)), ensure plan lodgements, registrations and record‑keeping are compliant with land registry practice. Errors or delays in plan registration can have immediate substantive consequences given the statutory automaticity in s 132 and s 134.
Finally, consult connected statutes and consolidated texts: because the Act modifies, repeals or delegates amendments into the Forestry Act 1920, National Parks and Wildlife Act 1970 and other named Acts (Parts 3-5 and Schedules 2-7), compliance requires checking the consolidated, authorised versions of those Acts and any regulations made under this Act (s 51). Administrative practice, entry rules, compensation pathways and offence regimes may be located in those other statutes or in regulations rather than in this statute’s core text.
(a) the Crown (including land granted in fee simple by the Crown which has revested in the Crown by way of purchase or otherwise); or
(b) a body or authority established for a public purpose by or under a law of the State; or
(c) a body corporate –
(i) incorporated under a law of the State, of another State or of a Territory of the Commonwealth; and
(ii) in which the Crown has a controlling interest –
and includes –
(d) any such land covered by water, including the sea; and
(e) everything on, under or over any such land; and
(f) where the whole estate or interest of the Crown in land has not been alienated or otherwise disposed of by the Crown – the remaining estate or interest of the Crown in that land;
reference means a reference made by the Minister to the Commission under section 14(1) .
Division 2 Functions of Commission under this Act
Division 2 Functions of Commission under this Act
[Division 2 of Part 2 Substituted by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998]
5 Functions of Commission
5 Functions of Commission
[Section 5 Subsection (1) amended by No. 68 of 1993, s. 8 ][Section 5 Substituted by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] It is the function of the Commission under this Act, when required to do so by the Minister, to inquire into and to make recommendations on the use of public land.
6 Policy to be followed by Commission
6 Policy to be followed by Commission
[Section 6 Substituted by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] It is the obligation of the Commission to make recommendations that will further the objectives set out in Schedule 1 .
7 Matters to be addressed by Commission
7 Matters to be addressed by Commission
[Section 7 Substituted by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998] Before making a recommendation in respect of land, the Commission must, as far as practicable or subject to the terms of reference –
(a) identify the nature and extent of the resources of the land; and
(b) identify the environmental, cultural, social, industrial, economic and other values of those resources; and
(c) identify the uses that are or could be made of those resources; and
(d) assess the full costs and benefits involved in each use, or combination of uses, of those resources; and
(e) consider any other aspects of the use of the land the Commission considers relevant.
8.
[Section 8 Repealed by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998]
9.
[Section 9 Repealed by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998]
Division 3
[Division 3 of Part 2 Repealed by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998]
10.
[Section 10 Repealed by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998]
11.
[Section 11 Repealed by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998]
12.
[Section 12 Repealed by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998]
13.
[Section 13 Repealed by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998]
Division 4 References to Commission
Division 4 References to Commission
14 Reference of public land to Commission
14 Reference of public land to Commission
(1) The Minister may refer questions on the use of any public land to the Commission requiring it to enquire into them and to make recommendations.
(2) If the Minister considers it appropriate to do so, the Minister may include in a reference land that is not public land but is directly affected by the use of the public land the subject of the reference.
(3) The Commission may recommend to the Minister that the Minister should refer a question on the use of any specified public land to the Commission in accordance with subsection (1) .
(4) As soon as practicable after making a reference to the Commission the Minister must publish a copy of the reference in –
(a) the Gazette; and
(b) at least 3 newspapers published and circulated generally in Tasmania –
seeking comments on the terms of the reference.
15 Reference requirements
15 Reference requirements
A reference –
(a) must set out –
(i) a description of the land, distinguishing public land and other land; and
(ii) the scope of the inquiry (which may include limiting the consideration of the Commission to one proposed use of the land); and
(iii) the date by which the Commission's recommendations are to be given to the Minister; and
(iv) any principles or other matters that are or are not to be taken into account by the Commission; and
(v) any priorities to be observed by the Commission in taking those principles or other matters into account; and
(b) may require the Commission to specify in its recommendations –
(i) a preferred option giving reasons why that option is preferred; or
(ii) a range of alternatives giving, in each case, its advantages and disadvantages.
16 Notice varying or amending reference
16 Notice varying or amending reference
(1) At any time after making a reference to the Commission, the Minister may, by written notice to the Commissioner, amend or withdraw the reference or amplify any term of it.
(2) As soon as practicable after giving the notice, the Minister must publish a copy of it in –
(a) the Gazette; and
(b) at least 3 newspapers published and circulated generally in Tasmania.
Division 5 Reference procedure to be followed by Commission
Division 5 Reference procedure to be followed by Commission
17 Affected Agency Group
17 Affected Agency Group
(1) The Commission may establish an Affected Agency Group to help the Commission carry out its functions.
(2) The Commission may select as members of the Affected Agency Group people who represent Government departments and State authorities that –
(a) may have management and policy responsibilities in respect of references; or
(b) have indicated to the Commission a desire to be represented.
(3) The Commission may include as members of an Affected Agency Group people who represent Commonwealth Government departments and Commonwealth authorities that –
(a) may have management and policy responsibilities in respect of references; or
(b) have indicated to the Commission a desire to be represented.
18 Reference panels may be established
18 Reference panels may be established
(1) The Commission may establish a Reference Panel to assist the Commission to carry out its functions.
(2) The Commission must select people to be members of a Reference Panel having regard to the nature of the reference so that the Panel may include, but not be limited to, people having expertise in the following matters:
(a) soil conservation, land rehabilitation and protection;
(b) conservation of natural and cultural resources;
(c) conservation and management of water resources, including marine water resources;
(d) industry and commerce;
(e) management and commercial use of forest resources;
(f) mineral exploration and mining development;
(g) tourism and the recreational use of public land;
(h) agriculture and conservation techniques used in developing land for primary production; and
(i) aquaculture and fisheries management.
19 Other reference bodies
19 Other reference bodies
Nothing in section 17 or 18 prohibits the Commission from establishing other reference bodies to help the Commission carry out its functions or from seeking the advice of other people or groups of people for that purpose.
20 Duty of Commission to inform itself
20 Duty of Commission to inform itself
(1) It is the duty of the Commission when considering a reference to inform itself as fully as practicable in respect of all matters relevant to the reference.
(2) For the purpose of subsection (1) the Commission –
(a) must seek submissions from –
(i) the public; and
(ii) any reference body established under section 18 or 19 ; and
(iii) any person or group of people the Commission considers would be directly affected by the use of the land that is the subject of the reference; and
(b) may –
(i) inspect the land that is the subject of the reference; and
(ii) seek reports from consultants, whether in Tasmania or elsewhere; and
(iii) hold hearings.
(3) Subsection (2)(b)(i) does not authorize the Commission to enter land without first giving the owner of the land written notice of its intention to do so.
(4) A recommendation of the Commission in respect of a reference is not invalidated by reason only of the failure of the Commission acting in good faith to seek submissions from any person or group of people who claim to be directly affected by the use of the land that is the subject of the reference.
21 Background report to be prepared by Commission
21 Background report to be prepared by Commission
(1) As soon as practicable after receiving a reference the Commission must prepare a background report.
(2) For the purpose of preparing a background report the Commission may seek advice from such sources as it considers will be able to provide information, including, in particular, any body established under section 17 , 18 or 19 .
(3) The background report must set out, so far as is known, the resources of the land that is the subject of the reference and any existing commitments in respect of those resources.
22 Request for submissions
22 Request for submissions
As soon as practicable after a background report has been prepared by the Commission in respect of a reference, the Commission must publish in –
(a) the Gazette; and
(b) at least 3 newspapers published and circulated generally in Tasmania –
a notice that –
(c) states that the background report has been prepared and where copies of it may be obtained or purchased; and
(d) seeks submissions on the reference as amplified by the background report; and
(e) advises people who wish to make submissions of the manner in which submissions should be prepared and sent to the Commission.
23.
[Section 23 Repealed by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998]
24.
[Section 24 Repealed by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998]
25.
[Section 25 Repealed by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998]
26.
[Section 26 Repealed by No. 85 of 1997, Sched. 4, Applied:01 Jan 1998]
27 Draft reports
27 Draft reports
In the course of preparing recommendations on a reference, the Commission must prepare for public consideration a draft report of its proposed recommendations.
28 Public comments to be sought on reports
28 Public comments to be sought on reports
The Commission must, as soon as practicable, make copies of a draft report available to the public and provide an opportunity for public comment on it.
29 Interim reports
29 Interim reports
In the course of preparing recommendations on a reference the Commission may produce an interim report in respect of any matter the Commission considers needs particular or immediate attention.
30 Commission to submit report to Minister
30 Commission to submit report to Minister
(1) The Commission must, as soon as practicable after completing a report, including an interim report, submit it to the Minister.
(2) A final report containing the Commission's recommendations in respect of a reference must contain an estimate by the Commission of the costs, actual and notional, incurred by it in carrying out the reference.
(3) The estimate of costs referred to in subsection (2) is to include the cost of any work carried out by a Government department or State authority in respect of the reference that was additional to any work that it would normally carry out.
31 Reports only to contain majority recommendations
31 Reports only to contain majority recommendations
Neither the Commission, nor any Commissioner, is to prepare any interim or other report in respect of a reference other than a report containing rec
This is an opening excerpt, not the complete document.