This Act reclassifies large numbers of Tasmanian land parcels: it revokes or creates forest reserves, moves land into or out of the Permanent Timber Production Zone Register, reclassifies Crown and reserved land into conservation, national‑park, nature‑reserve and other categories, and fixes which laws apply (notably Forestry Act 1920, Crown Lands Act 1976, National Parks and Wildlife Act 1970 and Mineral Resources Development Act 1995). It affects land managers, leaseholders and mining interests and sets administrative responsibility to named Ministers (see ss5–8,11–25,25,27–28).
This Act implements the land-classification outcomes of the Regional Forest Agreement for Tasmania by changing the statutory status of specific parcels of Crown land and by making consequential amendments to the Forestry Act 1920, the Crown Lands Act 1976 and the National Parks and Wildlife Act 1970. Mechanically, it:
revokes existing dedications and reservations and declares new dedications and reservations for the parcels identified in the Schedules (for example, revoking certain forest reserves under s 5; revoking dedication as State forest for areas in Schedule 2 under s 6; dedicating new forest reserves under s 8; and revoking reservations under the former Crown Lands Act in s 9);
enters selected land in the Register of Permanent Timber Production Zone Land and deletes other areas from that Register (see s 7(2), s 6(4), s 8(2), s 13(4));
reclassifies and declares a large number of areas as reserved land in particular classes under the National Parks and Wildlife Act 1970 such as national park, State reserve, conservation area, nature reserve, regional reserve, nature recreation area, historic site, game reserve and private sanctuary (see Divisions 2 and 3 of Part 2, e.g. ss 11-25 and the Schedules 6-13); and
specifies that the Mineral Resources Development Act 1995 applies to identified parcels where mining regulation is to continue (see s 8(5), s 19(4) and s 25(1)-(2)).
The Act effects these outcomes by statutory declaration and deeming language. For example, s 14(1) declares areas that were State reserves and had "national park" in their name to be "reserved land in the class of national park" and states those areas are "taken to have been so declared under the National Parks and Wildlife Act 1970". Equally, s 7(2) directs that listed land is "entered in the Register of Permanent Timber Production Zone Land and is taken to have been so entered under the Forestry Act 1920". Those deeming phrases import the operation of the relevant principal Act against the parcel as if the usual form of declaration had occurred under that principal Act.
Current sections
Direct links to the current provisions in Regional Forest Agreement (Land Classification) Act 1998.
Regional Forest Agreement means the agreement made on 8 November 1997 between the State of Tasmania and the Commonwealth of Australia relating to the management and use of Tasmanian forests;
a conservation area are used, those words refer to a conservation area within the meaning of the National Parks and Wildlife Act 1970 as in force immediately before the commencement of section 73; and
(b) where the words
a State reserve are used, those words refer to a State reserve within the meaning of the National Parks and Wildlife Act 1970 as in force immediately before the commencement of section 73; and
(c) where the words
a game reserve are used, those words refer to a game reserve within the meaning of the National Parks and Wildlife Act 1970 as in force immediately before the commencement of section 73; and
(d) where the words
a local reserve are used, those words refer to a local reserve within the meaning of the National Parks and Wildlife Act 1970 as in force immediately before the commencement of section 73; and
(e) where the words
a private reserve are used, those words refer to a private reserve within the meaning of the National Parks and Wildlife Act 1970 as in force immediately before the commencement of section 73.
(4) In this Act, a reference to a plan by a number is a reference to the plan so numbered in the Central Plan Register.
Part 2
Classification of certain land
Part 2 Classification of certain land
Division 1
Forestry Act 1920
Division 1 Forestry Act 1920
4
Continuation of status of certain land
4 Continuation of status of certain land
Any area of land that, immediately before the commencement of this section, was State forest or a forest reserve under the former Act continues as such until or unless –
(a) its dedication as State forest or a forest reserve is revoked under this Act or the Forestry Act 1920 ; or
(b) it ceases, under this Act or the Forestry Act 1920 , to be State forest or a forest reserve.
5
Dedication of forest reserves revoked
5 Dedication of forest reserves revoked
The dedication as a forest reserve of all land, the approximate areas of which are specified in Column 2 of Schedule 1 and are indicated as shown bounded by heavy black lines on the plans listed in Column 3 of that Schedule, is revoked.
6
Cessation of certain land as State forest
6 Cessation of certain land as State forest
(1) The dedication as a forest reserve of any land, the approximate area of which is specified in Column 2 of Schedule 2 and is indicated as shown bounded by heavy black lines on the relevant plan listed in Column 3 of that Schedule, is revoked.
(2) Notwithstanding section 14(2) of theForestry Act 1920 , the dedication as State forest of any land, the approximate area of which is specified in Column 2 of Schedule 2 and is indicated as shown bounded by heavy black lines on the relevant plan listed in Column 3 of that Schedule, is revoked.
(3) Any land, the approximate area of which is specified in Column 2 of Schedule 2 and is indicated as shown bounded by heavy black lines on the relevant plan listed in Column 3 of that Schedule, that became State forest, other than by dedication as such under the Forestry Act 1920 , ceases to be State forest.
(4) [Section 6 Subsection (4) amended by No. 7 of 2013, Sched. 9, Applied:03 Jun 2013] Any land, the approximate area of which is specified in Column 2 of Schedule 2 and is indicated as shown bounded by heavy black lines on the relevant plan listed in Column 3 of that Schedule, that was entered in the Register of Permanent Timber Production Zone Land under the former Act is deleted from that Register.
7
Certain land to be entered in Register of Permanent Timber Production Zone Land
7 Certain land to be entered in Register of Permanent Timber Production Zone Land
(1) The reservation under the Crown Lands Act 1976 of any part of any land, the approximate area of which is specified in Column 2 of Schedule 3 and is indicated as shown bounded by heavy black lines on the relevant plan listed in Column 3 of that Schedule, is revoked.
(1) The reservation under the Crown Lands Act 1976 of any part of any land, the approximate area of which is specified in Column 2 of Schedule 4 and is indicated as shown bounded by heavy black lines on the relevant plan listed in Column 3 of that Schedule, is revoked.
(2) [Section 8 Subsection (2) amended by No. 7 of 2013, Sched. 9, Applied:03 Jun 2013] Any land, the approximate area of which is specified in Column 2 of Schedule 4 and is indicated as shown bounded by heavy black lines on the relevant plan listed in Column 3 of that Schedule, that was entered in the Register of Permanent Timber Production Zone Land under the former Act is deleted from that Register.
(3) Any land, the approximate area of which is specified in Column 2 of Schedule 4 and is indicated as shown bounded by heavy black lines on the relevant plan listed in Column 3 of that Schedule, that was not State forest under the former Act is dedicated under this Act as State forest.
(4) All land, the approximate areas of which are specified in Column 2 of Schedule 4 and are indicated as shown bounded by heavy black lines on the plans listed in Column 3 of that Schedule, is dedicated as a forest reserve and is taken to have been so dedicated under the Forestry Act 1920 .
(5) The Mineral Resources Development Act 1995 applies to all land, the approximate areas of which are specified in Column 2 of Schedule 4 and are indicated as shown bounded by heavy black lines on the plans listed in Column 3 of that Schedule.
Division 2
Crown Lands Act 1976
Division 2 Crown Lands Act 1976
9
Revocation of reserves
9 Revocation of reserves
The reservation under the former Act of any land specified in Part 1 of Schedule 5 is revoked.
(2) The reservation of any area of Crown land, other than the land referred to in section 9 , that, immediately before the commencement of this section was in force under the former Act, is revoked.
(3) The following areas of Crown land are reserved to the Crown as public reserves and are taken to have been so reserved under the Crown Lands Act 1976 , unless those areas of land are State forest or reserved land:
(a) the land the reservation of which was revoked under subsection (2) ;
(4) The Mineral Resources Development Act 1995 applies to any area of Crown land to which that Act applied immediately before the commencement of this Division that is reserved to the Crown as a public reserve under subsection (3) .
Division 3
National Parks and Wildlife Act 1970
Division 3 National Parks and Wildlife Act 1970
11
Land ceasing to be reserved land
11 Land ceasing to be reserved land
Any land, the approximate area of which is specified in Column 2 of Schedule 6 and is indicated as shown bounded by heavy black lines on the relevant plan listed in Column 3 of that Schedule –
(a) ceases to be or to form part of a conservation area; and
(b) ceases to be reserved land.
12
Removal of status of all land under former Act
12 Removal of status of all land under former Act
(1) Any area of land that was a conservation area immediately before the commencement of this Division ceases to be or to form part of a conservation area.
(2) Any area of land that was a State reserve or a game reserve immediately before the commencement of this Division –
(a) ceases to be or to form part of a conservation area; and
(b) ceases to be a State reserve or a game reserve.
(3) Any area of land that was a private reserve or a local reserve immediately before the commencement of this Division –
(a) ceases to be or to form part of a conservation area; and
(b) ceases to be a private reserve or a local reserve.
13
Removal of status of certain land under Forestry Act 1920
13 Removal of status of certain land under Forestry Act 1920
(1) The dedication as a forest reserve of any land, the approximate area of which is specified in Column 2 of Schedule 7 , Part 1 of Schedule 8 , Part 2 of Schedule 9 , Schedule 11 or Part 2 of Schedule 12 and is indicated as shown bounded by heavy black lines on the relevant plan listed in Column 3 of those Schedules or Parts of Schedules, is revoked.
(3) Any land, the approximate area of which is specified in Column 2 of Schedule 7 , Part 1 of Schedule 8 , Part 2 of Schedule 9 , Schedule 11 or Part 2 of Schedule 12 and is indicated as shown bounded by heavy black lines on the relevant plan listed in Column 3 of those Schedules or Parts of Schedules, that became State forest, other than by dedication as such under the Forestry Act 1920 , ceases to be State forest.
former Act means the Forestry Act 1920 as in force immediately before the commencement of section 30.
14
Declaration of certain land as national park
14 Declaration of certain land as national park
(1) Except as otherwise specifically provided in this Division, any area of land that was a State reserve immediately before the commencement of this Division and whose name included the expression "national park" –
(a) is declared to be reserved land in the class of national park and is taken to have been so declared under the National Parks and Wildlife Act 1970 ; and
(b) continues to be known by the same name.
(2) Any land, the approximate area of which is specified in Column 2 of Schedule 7 and is indicated as shown bounded by heavy black lines on the relevant plan listed in Column 3 of that Schedule –
(a) is declared to be reserved land in the class of national park and is taken to have been so declared under the National Parks and Wildlife Act 1970 ; and
(b) is to be given the relevant name specified in Column 1 of that Schedule and is taken to have been given that name under the National Parks and Wildlife Act 1970 .
15
Declaration of certain land as State reserve
15 Declaration of certain land as State reserve
(1) Except as otherwise specifically provided in this Division, any area of land that was a State reserve immediately before the commencement of this Division –
(a) whose name included the expression "State reserve" –
(i) is declared to be reserved land in the class of State reserve and is taken to have been so declared under the National Parks and Wildlife Act 1970 ; and
(ii) continues to be known by the same name; or
(b) whose name included the expression "aboriginal site" –
(i) is declared to be reserved land in the class of State reserve and is taken to have been so declared under the National Parks and Wildlife Act 1970 ; and
(ii) is to be given a name by proclamation under section 15C(1) of that Act; or
(c) whose name did not include the expression "State reserve", "national park", "nature reserve", "historic site" or "aboriginal site" –
(i) is declared to be reserved land in the class of State reserve and is taken to have been so declared under the National Parks and Wildlife Act 1970 ; and
(ii) is to be given a name by proclamation under section 15C(1) of that Act; or
(d) that has not been given a name under the former Act –
(i) is declared to be reserved land in the class of State reserve and is taken to have been so declared under the National Parks and Wildlife Act 1970 ; and
(ii) is to be given a name by proclamation under section 15C(1) of that Act.
(2) Any land, the approximate area of which is specified in Column 2 of Part 1 of Schedule 8 and is indicated as shown bounded by heavy black lines on the relevant plan listed in Column 3 of that Part –
(a) is declared to be reserved land in the class of State reserve and is taken to have been so declared under the National Parks and Wildlife Act 1970 ; and
(b) is to be given the relevant name specified in Column 1 of that Part and is taken to have been given that name under the National Parks and Wildlife Act 1970 .
(4) The land, the approximate area of which is specified in Column 3 of Part 2 of Schedule 8 and is indicated as shown bounded by heavy black lines on the plan listed in Column 4 of that Part –
(a) is declared to be reserved land in the class of State reserve and is taken to have been so declared under the National Parks and Wildlife Act 1970 ; and
(b) is to be given the name specified in Column 2 of that Part and is taken to have been given that name under the National Parks and Wildlife Act 1970 .
16
Naming of certain State reserve
16 Naming of certain State reserve
The land, the approximate area of which is specified in Column 2 of Part 3 of Schedule 8 and is indicated as shown bounded by heavy black lines on the plan listed in Column 3 of that Part, is to be given the name specified in Column 1 of that Part and is taken to have been given that name under the National Parks and Wildlife Act 1970 .
17
Declaration of certain Crown land as conservation area
17 Declaration of certain Crown land as conservation area
(2) Except as otherwise provided in this Division, any area of Crown land that was, or formed part of, a conservation area immediately before the commencement of this Division –
(a) whose name included the expression "conservation area" –
(i) is declared to be reserved land in the class of conservation area and is taken to have been so declared under the National Parks and Wildlife Act 1970 ; and
(ii) continues to be known by the same name; or
(b) whose name included the expression "wildlife sanctuary" –
(i) is declared to be reserved land in the class of conservation area and is taken to have been so declared under the National Parks and Wildlife Act 1970 ; and
(ii) is to be given a name by proclamation under section 15C(1) of that Act; or
(c) whose name did not include either of the expressions referred to in paragraphs (a) and (b) –
(i) is declared to be reserved land in the class of conservation area and is taken to have been so declared under the National Parks and Wildlife Act 1970 ; and
(ii) is to be given a name by proclamation under section 15C(1) of that Act; or
(d) that has not been given a name under the former Act –
(i) is declared to be reserved land in the class of conservation area and is taken to have been so declared under the National Parks and Wildlife Act 1970 ; and
(ii) is to be given a name by proclamation under section 15C(1) of that Act.
(4) Any land, the approximate area of which is specified in Column 3 of Part 1 of Schedule 9 and is indicated as shown bounded by heavy black lines on the relevant plan listed in Column 4 of that Part –
(a) is declared to be reserved land in the class of conservation area and is taken to have been so declared under the National Parks and Wildlife Act 1970 ; and
(b) is to be given the relevant name specified in Column 2 of that Part and is taken to have been given that name under the National Parks and Wildlife Act 1970 .
(5) Any land, the approximate area of which is specified in Column 2 of Part 2 of Schedule 9 and is indicated as shown bounded by heavy black lines on the relevant plan listed in Column 3 of that Part –
(a) is declared to be reserved land in the class of conservation area and is taken to have been so declared under the National Parks and Wildlife Act 1970 ; and
(b) is to be given the relevant name specified in Column 1 of that Part and is taken to have been given that name under the National Parks and Wildlife Act 1970 .
18
Declaration of certain land vested in public authority as conservation area
18 Declaration of certain land vested in public authority as conservation area
Except as otherwise specifically provided in this Division, any area of land vested in a public authority that was, or formed part of, a conservation area immediately before the commencement of this Division –
(a) whose name included the expression "conservation area" –
(i) is declared to be reserved land in the class of conservation area and is taken to have been so declared under the National Parks and Wildlife Act 1970 ; and
(ii) continues to be known by the same name; or
(b) whose name did not include the expression "conservation area" –
(i) is declared to be reserved land in the class of conservation area and is taken to have been so declared under the National Parks and Wildlife Act 1970 ; and
(ii) is to be given a name by proclamation under section 15C(1) of that Act; or
(c) that has not been given a name under the former Act –
(i) is declared to be reserved land in the class of conservation area and is taken to have been so declared under the National Parks and Wildlife Act 1970 ; and
(ii) is to be given a name by proclamation under section 15C(1) of that Act.
19
Declaration of certain land as nature recreation area
19 Declaration of certain land as nature recreation area
(2) Any land, the approximate area of which is specified in Column 3 of Schedule 10 and is indicated as shown bounded by heavy black lines on the relevant plan listed in Column 4 of that Schedule –
(a) is declared to be reserved land in the class of nature recreation area and is taken to have been so declared under the National Parks and Wildlife Act 1970 ; and
(b) is to be given the relevant name specified in Column 2 of that Schedule and is taken to have been given that name under the National Parks and Wildlife Act 1970 .
20
Declaration of certain land as regional reserve
20 Declaration of certain land as regional reserve
Any land, the approximate area of which is specified in Column 2 of Schedule 11 and is indicated as shown bounded by heavy black lines on the relevant plan listed in Column 3 of that Schedule –
(a) is declared to be reserved land in the class of regional reserve and is taken to have been so declared under the National Parks and Wildlife Act 1970 ; and
(b) is to be given the relevant name specified in Column 1 of that Schedule and is taken to have been given that name under the National Parks and Wildlife Act 1970 .
21
Declaration of certain land as nature reserve
21 Declaration of certain land as nature reserve
(1) Except as otherwise specifically provided in this Division, any area of land that was a State reserve immediately before the commencement of this Division and whose name included the expression "nature reserve" –
(a) is declared to be reserved land in the class of nature reserve and is taken to have been so declared under the National Parks and Wildlife Act 1970 ; and
(b) continues to be known by the same name.
(2) Any land, the approximate area of which is specified in Column 3 of Part 1 of Schedule 12 and is indicated as shown bounded by heavy black lines on the relevant plan listed in Column 4 of that Part, that was a State reserve immediately before the commencement of this Division –
(a) is declared to be reserved land in the class of nature reserve and is taken to have been so declared under the National Parks and Wildlife Act 1970 ; and
(b) is to be given the relevant name specified in Column 2 of that Part and is taken to have been given that name under the National Parks and Wildlife Act 1970 .
(3) The land, the approximate area of which is specified in Column 2 of Part 2 of Schedule 12 and is indicated as shown bounded by heavy black lines on the plan listed in Column 3 of that Part –
(a) is declared to be reserved land in the class of nature reserve and is taken to have been so declared under the National Parks and Wildlife Act 1970 ; and
(b) is to be given the name specified in Column 1 of that Part and is taken to have been given that name under the National Parks and Wildlife Act 1970 .
22
Declaration of certain land as historic site
22 Declaration of certain land as historic site
(1) Except as otherwise specifically provided in this Division, any area of land that was a State reserve immediately before the commencement of this Division and whose name included the expression "historic site" –
(a) is declared to be reserved land in the class of historic site and is taken to have been so declared under the National Parks and Wildlife Act 1970 ; and
(b) continues to be known by the same name.
(2) Any land, the approximate area of which is specified in Column 3 of Schedule 13 and is indicated as shown bounded by heavy black lines on the relevant plan listed in Column 4 of that Schedule, that was a State reserve immediately before the commencement of this Division –
(a) is declared to be reserved land in the class of historic site and is taken to have been so declared under the National Parks and Wildlife Act 1970 ; and
(b) is to be given the relevant name specified in Column 2 of that Schedule and is taken to have been given that name under the National Parks and Wildlife Act 1970 .
23
Declaration of certain land as game reserve
23 Declaration of certain land as game reserve
Except as otherwise specifically provided in this Division, any area of land that was a game reserve immediately before the commencement of this Division –
(a) whose name included the expression "game reserve" –
(i) is declared to be reserved land in the class of game reserve and is taken to have been so declared under the National Parks and Wildlife Act 1970 ; and
(ii) continues to be known by the same name; or
(b) whose name did not include the expression "game reserve" –
(i) is declared to be reserved land in the class of game reserve and is taken to have been so declared under the National Parks and Wildlife Act 1970 ; and
(ii) is to be given a name by proclamation under section 15C(1) of that Act; or
(c) that has not been given a name under the former Act –
(i) is declared to be reserved land in the class of game reserve and is taken to have been so declared under the National Parks and Wildlife Act 1970 ; and
(ii) is to be given a name by proclamation under section 15C(1) of that Act.
24
Declaration of certain private land as private sanctuary
24 Declaration of certain private land as private sanctuary
Except as otherwise specifically provided in this Division, any area of private land that was, or formed part of, a conservation area immediately before the commencement of this Division –
(a) is declared to be reserved land in the class of private sanctuary and is taken to have been so declared under the National Parks and Wildlife Act 1970 ; and
(b) is to be given a name by proclamation under section 15C(1) of that Act.
25
Application of Mineral Resources Development Act 1995
25 Application of Mineral Resources Development Act 1995
(2) The Mineral Resources Development Act 1995 applies to any land to which that Act applied immediately before the commencement of this Division, the approximate area of which is specified in Column 3 of Part 1 of Schedule 9 or Schedule 10 and is indicated as shown bounded by heavy black lines on the relevant plan listed in Column 4 of Part 1 of Schedule 9 or Schedule 10 .
Part 3
Miscellaneous
Part 3 Miscellaneous
26
Regulations
26 Regulations
(1) The Governor may make regulations for the purposes of this Act.
(2) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of this Act.
(3) A provision referred to in subsection (2) may, if the regulations so provide, take effect from the commencement of any provision of this Act or a later day.
(a) the administration of this Act, except Divisions 2 and 3 of Part 2 , is assigned to the Minister for Infrastructure, Energy and Resources, and the Department responsible to that Minister in relation to the administration of this Act, except those Divisions, is Forestry Tasmania; and
(b) the administration of Divisions 2 and 3 of Part 2 is assigned to the Minister for Primary Industries, Water and Environment and the Department responsible to that Minister in relation to the administration of those Divisions is the Department of Primary Industries, Water and Environment.
28
Transitional provisions
28 Transitional provisions
(1) Any lease, occupation permit or easement in existence in relation to land that was State forest immediately before that land ceased to be State forest or its dedication as such was revoked under Part 2 remains in force until it is discharged or terminated.
(3) Any lease, licence or temporary licence granted under the Crown Lands Act 1976 and in existence immediately before the commencement of Division 2 of Part 2 continues to have effect as if this Act had not been enacted.
(4) Any contract for the sale of Crown land entered into by the Minister under the Crown Lands Act 1976 and not discharged or otherwise terminated before the commencement of Division 2 of Part 2 continues to have effect as if this Act had not been enacted.
Part 4
Forestry Act 1920 Amended
Part 4 Forestry Act 1920 Amended
29
Principal Act
29 Principal Act
In this Part, the Forestry Act 1920 is referred to as the Principal Act.
30.
The amendments effected by this section have been incorporated into the authorised version of the Forestry Act 1920 .
**
31.
The amendment effected by this section has been incorporated into the authorised version of the Forestry Act 1920 .
**
32.
The amendment effected by this section has been incorporated into the authorised version of the Forestry Act 1920 .
**
33.
The amendment effected by this section has been incorporated into the authorised version of the Forestry Act 1920 .
**
34.
The amendments effected by this section have been incorporated into the authorised version of the Forestry Act 1920 .
**
35.
The amendment effected by this section has been incorporated into the authorised version of the Forestry Act 1920 .
**
36.
The amendments effected by this section have been incorporated into the authorised version of the Forestry Act 1920 .
**
37.
The amendment effected by this section has been incorporated into the authorised version of the Forestry Act 1920 .
**
38.
The amendments effected by this section have been incorporated into the authorised version of the Forestry Act 1920 .
**
39.
The amendments effected by this section have been incorporated into the authorised version of the Forestry Act 1920 .
**
40.
The amendments effected by this section have been incorporated into the authorised version of the Forestry Act 1920 .
**
41.
The amendments effected by this section have been incorporated into the authorised version of the Forestry Act 1920 .
**
42.
The amendment effected by this section has been incorporated into the authorised version of the Forestry Act 1920 .
**
43.
The amendment effected by this section has been incorporated into the authorised version of the Forestry Act 1920 .
**
44.
The amendment effected by this section has been incorporated into the authorised version of the Forestry Act 1920 .
**
45.
The amendment effected by this section has been incorporated into the authorised version of the Forestry Act 1920 .
**
46.
The amendments effected by this section have been incorporated into the authorised version of the Forestry Act 1920 .
**
47.
The amendments effected by this section have been incorporated into the authorised version of the Forestry Act 1920 .
**
48.
The amendment effected by this section has been incorporated into the authorised version of the Forestry Act 1920 .
**
49.
The amendments effected by this section have been incorporated into the authorised version of the Forestry Act 1920 .
**
50.
The amendments effected by this section have been incorporated into the authorised version of the Forestry Act 1920 .
**
51.
The amendment effected by this section has been incorporated into the authorised version of the Forestry Act 1920 .
**
52.
The amendment effected by this section has been incorporated into the authorised version of the Forestry Act 1920 .
**
53.
The amendment effected by this section has been incorporated into the authorised version of the Forestry Act 1920 .
**
54.
The amendment effected by this section has been incorporated into the authorised version of the Forestry Act 1920 .
30.
30.
The amendments effected by this section have been incorporated into the authorised version of the Forestry Act 1920 .
31.
31.
The amendment effected by this section has been incorporated into the authorised version of the Forestry Act 1920 .
32.
32.
The amendment effected by this section has been incorporated into the authorised version of the Forestry Act 1920 .
33.
33.
The amendment effected by this section has been incorporated into the authorised version of the Forestry Act 1920 .
34.
34.
The amendments effected by this section have been incorporated into the authorised version of the Forestry Act 1920 .
35.
35.
The amendment effected by this section has been incorporated into the authorised version of the Forestry Act 1920 .
36.
36.
The amendments effected by this section have been incorporated into the authorised version of the Forestry Act 1920 .
37.
37.
The amendment effected by this section has been incorporated into the authorised version of the Forestry Act 1920 .
38.
38.
The amendments effected by this section have been incorporated into the authorised version of the Forestry Act 1920 .
39.
39.
The amendments effected by this section have been incorporated into the authorised version of the Forestry Act 1920 .
40.
40.
The amendments effected by this section have been incorporated into the authorised version of the Forestry Act 1920 .
41.
41.
The amendments effected by this section have been incorporated into the authorised version of the Forestry Act 1920 .
42.
42.
The amendment effected by this section has been incorporated into the authorised version of the Forestry Act 1920 .
43.
43.
The amendment effected by this section has been incorporated into the authorised version of the Forestry Act 1920 .
44.
44.
The amendment effected by this section has been incorporated into the authorised version of the Forestry Act 1920 .
45.
45.
The amendment effected by this section has been incorporated into the authorised version of the Forestry Act 1920 .
46.
46.
The amendments effected by this section have been incorporated into the authorised version of the Forestry Act 1920 .
47.
47.
The amendments effected by this section have been incorporated into the authorised version of the Forestry Act 1920 .
48.
48.
The amendment effected by this section has been incorporated into the authorised version of the Forestry Act 1920 .
49.
49.
The amendments effected by this section have been incorporated into the authorised version of the Forestry Act 1920 .
50.
50.
The amendments effected by this section have been incorporated into the authorised version of the Forestry Act 1920 .
51.
51.
The amendment effected by this section has been incorporated into the authorised version of the Forestry Act 1920 .
52.
52.
The amendment effected by this section has been incorporated into the authorised version of the Forestry Act 1920 .
53.
53.
The amendment effected by this section has been incorporated into the authorised version of the Forestry Act 1920 .
54.
54.
The amendment effected by this section has been incorporated into the authorised version of the Forestry Act 1920 .
| | Column 1 | Column 2 | Column 3 |
| | Location | Approx. Area (ha) | Plan No. |
| 1. | 1 lot in vicinity of Ahrberg Bay | 140 | 4731 |
| 2. | 7 lots in vicinity of Ansons River, Avenue River, Goshen and The Gardens | 4 450 | 4458 |
| 3. | 3 lots in the vicinity of Anthony Road | 1 784 | 4667 |
| 4. | 1 lot in vicinity of Arthurs Lake | 290 | 4457 |
| 5. | 4 lots in vicinity of Derwent Bridge, Derwent River, Wentworth Hills and Florentine River | 12 100 | 4450 |
| 6. | 5 lots in vicinity of Donaldson River and Luina | 31 230 | 4462 |
| 7. | 3 lots in vicinity of Gladstone | 299 | 4670 |
| 8. | 9 lots in vicinity of Gowrie Park and Lake Barrington | 1 440 | 4666 |
| 9. | Vicinity of Granville Harbour | 299 | 4673 |
| 10. | Vicinity of Great Forester River | 42 | 4671 |
| 11. | 6 lots in vicinity of Great Forester River, Pioneer and Mt Victoria | 680 | 4675 |
| 12. | Vicinity of Heazlewood River | 2 772 | 4676 |
| 13. | Vicinity of Lake Pieman | 1 865 | 4678 |
| 14. | 3 lots in vicinity of Liena and Mole Creek | 2 100 | 4455 |
| 15. | Vicinity of Little Henty River | 1 009 | 4672 |
| 16. | 7 lots in vicinity of Maydena, Snowy Range and Weld River | 6 030 | 4453 |
| 17. | Vicinity of Mount Jukes | 1 346 | 4674 |
| 18. | 1 lot in vicinity of Mount Jukes | 1 346 | 4668 |
| 19. | 6 lots in vicinity of Mount Wedge, Florentine River and Styx River | 6 660 | 4452 |
| 20. | 8 lots in vicinity of Murchison Highway, Rosebery, Anthony Road and Coldstream River | 10 530 | 4456 |
| 21. | 2 lots in vicinity of Nubeena and Port Arthur | 580 | 4454 |
| 22. | Vicinity of Pioneer | 510 | 4669 |
| 23. | Vicinity of Rosebery | 14 003 | 4677 |
| 24. | 2 lots in vicinity of Rossarden | 620 | 4461 |
| 25. | 1 lot in vicinity of Sandspit River | 160 | 4459 |
| 26. | 1 lot in vicinity of Snowy Knob | 310 | 4460 |
| 27. | 6 lots in vicinity of Tooms Lake and Macquarie River | 2 280 | 4664 |
| 28. | 2 lots in vicinity of Waratah | 140 | 4665 |
| 29. | 4 lots in vicinity of Weld River, Picton River and Lune River | 740 | 4451 |
| 30. | 11 lots in vicinity of Zeehan, Lake Pieman, Savage River and Granville Harbour | 13 000 | 4449 |
| | Column 1 | Column 2 | Column 3 | Column 4 |
| | Previous name of reserve | Name of nature recreation area | Approx. Area (ha) | Plan No. |
| 1. | Briant Hill State Recreation Area | Briant Hill Nature Recreation Area | 128 | 4719 |
| 2. | Coningham State Recreation Area | Coningham Nature Recreation Area | 487 | 4313 |
| 3. | Gordons Hill State Recreation Area | Gordons Hill Nature Recreation Area | 37.93 | 4685 |
| 4. | Hope Island State Recreation Area | Hope Island Nature Recreation Area | 27 | 4686 |
| 5. | Humbug Point State Recreation Area | Humbug Point Nature Recreation Area | 1 620 | 4687 |
| 6. | Kate Reed State Recreation Area | Kate Reed Nature Recreation Area | 122 | 4652 |
| 7. | Knopwood Hill State Recreation Area | Knopwood Hill Nature Recreation Area | 38.81 | 4688 |
| 8. | Lake Barrington State Recreation Area | Lake Barrington Nature Recreation Area | 238 | 4689 |
| 9. | Meehan Range (Mt Direction) State Recreation Area | Meehan Range Nature Recreation Area | 429.8 | 4690 |
| 10. | Meehan Range (Redgate) State Recreation Area | Meehan Range Nature Recreation Area | 485.7 | 4360 |
| 11. | Recherche Bay State Recreation Area | Recherche Bay Nature Recreation Area | 280 | 4653 |
| 12. | Rosny Hill State Recreation Area | Rosny Hill Nature Recreation Area | 21.4 | 4691 |
| 13. | Snug Falls State Recreation Area | Snug Falls Nature Recreation Area | 91 | 4741 |
| 14. | South Arm State Recreation Area (part) | South Arm Nature Recreation Area | 67.5 | 4658 |
(6) Sections 31 , 32 , 36 , 40 , 45 , 48 , 49 , 51 and 52 commence on the day proclaimed under subsection (1).
(7) Sections 33 , 37 , , , and commence on the day proclaimed under subsection (3).
The Act provides for staged commencement (s 2). It allocates administration of the Act to particular Ministers and agencies pending an Administrative Arrangements order (s 27). It preserves existing leases, licences, occupation permits and easements when land changes classification (s 28). It authorises regulations for savings and transitional matters (s 26). Parts 4-6 record that amendments to the Principal Acts effected by this Act have been incorporated into the authorised versions of those Acts; the Act contains notes that some subsections were later amended (see notes to s 3 and s 6(4), s 7(2), s 8(2), s 13(4)).
In sum, the Act is largely a statutory map-and-register exercise: it moves parcels from one statutory category to another, triggers operation of other Acts over those parcels, and protects existing interests while vesting administration with specified Ministers pending an Administrative Arrangements order (ss 14, 7(2), 27, 28).
Main concepts
The Act uses a small set of legal mechanisms to achieve large practical effects. The core concepts are:
Deeming and declaratory reclassification: Multiple provisions declare that specified land "is declared to be reserved land" in a named class under the National Parks and Wildlife Act 1970, or that land "is taken to have been so entered" in timber production registers (see s 14(1), s 7(2)). This creates a statutory fiction that the technical steps normally required under the principal Acts have already occurred. The effect is to import the regulatory consequences of those principal Acts without repeating their procedural machinery in full.
Revocation and dedication: The Act revokes dedications or reservations previously in force under the former versions of the Forestry Act or Crown Lands Act and simultaneously dedicates or reserves land under the current principal Acts (see ss 5-10). For example, s 5 revokes forest reserve dedications listed in Schedule 1, and s 8 dedicates land listed in Schedule 4 as forest reserves. Schedules provide names, approximate areas and plan numbers; the text repeatedly relies on plan boundaries ("indicated as shown bounded by heavy black lines on the relevant plan listed in Column 3") which ties legal status to cadastral plans.
Register management for timber zoning: Section 7(2) may add parcels to the Register of Permanent Timber Production Zone Land and s 6(4)/s 8(2)/s 13(4) delete specified parcels from that Register. Where land is entered or deleted, the Act declares the entry or deletion is "taken to have been" made under the Forestry Act 1920, thereby changing the statutory zoning for timber production and, with it, the set of permissible forestry management activities governed by the Forestry Act.
Cross-application of mineral regulation: The Act expressly preserves or directs the application of the Mineral Resources Development Act 1995 to specified parcels (s 8(5), s 25). That choice signals that mining regulation remains relevant in particular reclassified areas even where other statutory land protections are being applied.
Transitional protection of existing interests: Section 28(1)-(4) preserves in-force leases, occupation permits, easements, licences and contracts that were in existence immediately before classification changes. It also specifies which Department administers those instruments after the change (s 28(2) and s 27).
Administrative allocation and regulatory capacity: The Governor may make regulations (s 26). Until an Administrative Arrangements order is made, s 27 assigns administration to named Ministers and Departments: generally the Minister for Infrastructure, Energy and Resources and Forestry Tasmania except for Divisions 2 and 3 of Part 2 which are administered by the Minister for Primary Industries, Water and Environment and that Department. This determines which agencies must implement and enforce the reclassifications.
Operationally important subsidiary concepts include "approximate area" language in Schedules (the Schedules list "Approx. Area (ha)"), the dependency on cadastral plans and the Central Plan Register for spatial precision (s 3(4)), and the staged commencement regime (s 2) which leaves the timing of legal effect partly in the hands of executive proclamation.
These mechanisms do not by themselves set out day-to-day management rules; rather they change the legal status and therefore the regime that will apply , for example management obligations and permitted uses under the Forestry Act or the National Parks and Wildlife Act will apply because the land is declared to be within their ambit (see ss 7(2), 14(1), and the various declarations in Divisions 2 and 3 of Part 2).
Who it affects
The Act affects a defined and overlapping set of actors by altering statutory classifications that change which regulatory regime applies to particular parcels. Primary affected groups, with section references, are:
State land managers and Departments: The Act assigns administrative responsibility to specific Ministers and Departments until an Administrative Arrangements order is made (s 27). That means Forestry Tasmania (the Department responsible to the Minister for Infrastructure, Energy and Resources) and the Department of Primary Industries, Water and Environment (the Department responsible to the Minister for Primary Industries, Water and Environment) are the initial implementers. Those agencies face operational tasks: updating cadastral records, making entries/deletions in statutory registers, administering leases and permits per s 28 and managing on-ground operations under the applicable principal Acts (s 27, s 28).
Forestry sector operators and timber industry: Parcels entered in the Register of Permanent Timber Production Zone Land (s 7(2), Schedule 3) or deleted from it (s 6(4), s 8(2), s 13(4), Schedules 2, 4, 7 etc.) change where commercial forestry operations are legally permitted. The change alters the set of statutory permissions and constraints that apply under the Forestry Act 1920 because the Act takes the land to have been entered or deleted under that Act (s 7(2), s 6(4)). That affects harvest rights, planning for timber supply, and possibly investment decisions.
Conservation and recreation stakeholders: Parcels declared to be national parks, State reserves, conservation areas, nature reserves, nature recreation areas, historic sites, regional reserves and private sanctuaries (see ss 11-25 and Schedules 6-13) become subject to the National Parks and Wildlife Act 1970. These reclassifications change permitted activities, management objectives and enforcement regimes for those areas; the Act declares the lands to be "taken to have been so declared" under that Act (for example s 14(1)). Recreational users, conservation NGOs and local communities are thereby affected through changed access rules and management priorities under the NPW Act.
Mining and exploration applicants and holders: The Act explicitly specifies where the Mineral Resources Development Act 1995 applies (s 8(5), s 25(1)-(2)). Where the Mineral Resources Development Act applies to an area declared as a reserve or otherwise reclassified, mineral exploration and development remain governed by that statutory framework. Mining interests must check the Schedules (and the plan numbers) to determine whether their areas remain subject to MRDA regulation.
Holders of existing leases, licences, occupation permits and easements: Section 28(1)-(4) protects existing instruments. Leases, occupation permits and easements that existed in relation to land that ceases to be State forest remain in force until discharged or terminated (s 28(1)), and are to be administered by the responsible Department in relation to the NPW Act (s 28(2)). Crown leases and licences under the Crown Lands Act that existed immediately before Division 2 of Part 2 continue to have effect as if the Act had not been enacted (s 28(3)-(4)). Affected holders must therefore interface with whichever Department assumes administrative responsibility (s 27, s 28).
Local government and the public: Reclassification of public reserves under the Crown Lands Act to different reserve purposes (s 10 and Schedule 5) will affect local government planning and public use where the reserve purpose is explicit (Schedule 5 Part 2 lists permitted reserve purposes). The Act changes the statutory basis on which reserves are managed and may change notification or consultation requirements under the principal Acts.
Who pays: The Act itself does not set fees or penalties but gives effect to other Acts that may impose fees or costs; administrative costs fall on relevant Departments (s 27). Private operators (forestry, mining, lessees) bear costs of compliance with the operative principal Acts imposed by the new classification. Where the Mineral Resources Development Act continues to apply (s 25), applicants for mining tenure remain subject to the MRDA’s cost and compliance regime.
Who decides: The Governor may make regulations (s 26); Ministers and Departments named in s 27 are responsible for administration until an Administrative Arrangements order changes that allocation. Declarations in the Act are parliamentary decisions made by the Act itself; operational choices under the principal Acts are subject to the decision-making powers in those Acts, now operating over the reclassified parcels by the deeming language.
Key duties and rights
The Act is largely declaratory and therefore does not create a detailed new set of obligations within its own text; it changes which principal Act’s duties, management objectives and enforcement regimes attach to specified land. Key duties and rights that follow from the Act’s mechanics are:
Rights and duties under the National Parks and Wildlife Act 1970 attach to declared reserves: When the Act declares land to be reserved land in a particular class (national park, State reserve, conservation area, nature reserve, regional reserve, nature recreation area, historic site, game reserve, private sanctuary) it is "taken to have been so declared under the National Parks and Wildlife Act 1970" (see s 14(1) and analogous provisions in ss 15-24 and the Schedules). That makes the statutory duties and powers in the NPW Act applicable from the moment of the Act’s operation to the identified parcels. Managers of those reserves will therefore be obliged to implement the NPW Act’s management framework, and users of those areas will be subject to the NPW Act’s prohibitions and licensing regimes where they apply.
Forestry Act obligations apply where land is entered or deleted in the timber production register: Section 7(2) directs that listed land "is entered in the Register of Permanent Timber Production Zone Land and is taken to have been so entered under the Forestry Act 1920". Where the Forestry Act governs an area, its management duties, such as sustainable yield planning, operational restrictions and permitting, apply under that Act. Conversely, s 6(4), s 8(2) and s 13(4) delete areas from the timber register and state that those areas are deleted "from that Register", which removes the Forestry Act’s timber production zoning for those parcels.
Mineral rights regime confirmed in certain areas: The Act expressly declares that the Mineral Resources Development Act 1995 applies to certain reclassified parcels (s 8(5), s 19(4), s 25(1)-(2)). That means mineral tenure, exploration and mining activities where authorised must comply with the MRDA and its processes. The MRDA’s rights, obligations and regulatory approvals therefore remain available or applicable where the Act so specifies.
Continuity of existing statutory interests and contracts: Section 28 protects existing leases, occupation permits and easements over land ceasing to be State forest; these continue in force until discharged or terminated and will be administered by the responsible Department under the NPW Act regime (s 28(1)-(2)). Contracts for sale of Crown land, and Crown licences under the Crown Lands Act that existed immediately before the commencement of Division 2, continue to have effect as if this Act had not been enacted (s 28(3)-(4)). Those protections give holders a right of continuity and create an administrative duty on Departments to manage those instruments during the transitional period.
Administrative duties and regulatory power to make regulations: The Governor can make regulations for this Act under s 26(1). Regulations may have savings or transitional effects and may take effect from the commencement of any provision of the Act or a later day (s 26(2)-(3)). That gives executive power to smooth implementation and to specify transitional duties or exemptions necessary for practical operation.
Duties of Departments and Ministers: Section 27 assigns administration and, implicitly, the duty to implement the Act to named Ministers and Departments until an Administrative Arrangements order reallocates responsibilities. That includes duties to update registers, apply management regimes under the principal Acts, and administer existing leases and licences (s 27, s 28).
Because the Act uses deeming language, the procedural and substantive obligations in the Principal Acts are triggered rather than replicated. For example, the NPW Act and the Forestry Act contain detailed offence and enforcement provisions; those provisions will now operate over the reclassified parcels as if that Act had carried out the formal declaration itself (see s 14(1) and s 7(2)). The Act itself does not list specific day-to-day prohibitions or permits; it changes the legal regime that prescribes those duties and rights.
Penalties and enforcement
This Act does not itself create a new standalone offence or a bespoke enforcement regime. Instead, enforcement and penalties flow from the Principal Acts that the reclassification brings into operation over the parcels. Key points in the Act text about enforcement are:
Deeming imports the Principal Acts’ enforcement regimes: Where land is "taken to have been so declared" under the National Parks and Wildlife Act 1970 (for example s 14(1) and the declarations in Divisions 2 and 3), the NPW Act’s enforcement provisions apply to that land. Similarly, where land is taken to have been entered or deleted from the Register of Permanent Timber Production Zone Land under the Forestry Act 1920 (s 7(2), s 6(4), s 8(2), s 13(4)), enforcement of forestry offences or compliance with forestry licensing decisions will be governed by the Forestry Act’s existing enforcement mechanisms. The Act relies on these transfers rather than restating penalties.
Mineral Resources Development Act preserved where specified: The Act expressly declares MRDA application to certain areas (s 8(5), s 25). Where MRDA continues to apply, its enforcement and sanctioning mechanisms for mining and exploration remain in effect.
Administrative enforcement and regulatory competence: The Governor may make regulations for the purposes of this Act, including transitional provisions (s 26). Those regulations can contain savings or transitional matters that affect enforcement during the changeover. Regulations may therefore be used to delay enforcement steps or specify interim compliance obligations.
Transitional management of existing rights: The Act preserves existing leases, licences and contracts and assigns administration of those instruments to Departments (s 28). Enforcement of those instruments continues under the relevant regime until discharged or terminated; the Departments named in s 27 assume responsibility for administration and enforcement during the transitional period.
Practical enforcement implication: Because the Act reassigns parcels to different principal Acts, entities enforcing compliance will change: for example, Forestry Tasmania may no longer be the sole manager of land that has become a conservation area; NPW Act enforcement officers or other authorised officers under the NPW Act will assume enforcement duties for activities prohibited or regulated under that Act. The Act itself signals the administrative handover via s 27 and s 28.
In short, penalties and enforcement are exercised under the operational statutes (Forestry Act 1920, National Parks and Wildlife Act 1970, Crown Lands Act 1976, Mineral Resources Development Act 1995) whose application is triggered by the Act’s land-classification provisions. The Act provides the legal basis for those regimes to apply to the specific parcels listed in the Schedules, but does not create separate penalty provisions within its own text.
How it interacts with other laws
The Act is explicitly designed to alter the territorial scope of three principal Acts and to dovetail with the Mineral Resources Development Act 1995. Interactions and cross-effects in the text are explicit:
Direct cross-references and deeming to Principal Acts: Section 3 defines many terms by reference to the National Parks and Wildlife Act 1970, the Forestry Act 1920 and the Crown Lands Act 1976. Section 3(2) states that a reference to those Acts is a reference to those Acts "as amended by Part 4, 5 or 6" of this Act. Parts 4-6 of this Act amend those Principal Acts, and the Act contains multiple sections stating that the amendments have been incorporated into the authorised versions of the Principal Acts (Parts 4-6 preambles and multiple sections noting incorporation). The Act thereby intentionally creates a legal relationship in which its reclassifications directly import the operation of those Principal Acts over the listed parcels.
Spatial certainty via plans and Central Plan Register: Section 3(4) provides that a reference to a plan by number is a reference to the plan so numbered in the Central Plan Register. The Schedules repeatedly tie legal effect to areas "indicated as shown bounded by heavy black lines on the relevant plan listed in Column 3". This creates a dependence on cadastral plans and the Central Plan Register for spatial delimitation, so any interplay with boundary disputes, survey correction legislation, or record-keeping obligations will be shaped by the Central Plan Register and relevant cadastral law.
Interaction with Mineral Resources Development Act: The Act does not universally exclude mining; instead it specifies where the Mineral Resources Development Act 1995 applies (s 8(5), s 19(4), s 25(1)-(2)). In those areas, mining regulation and the MRDA’s approval processes, obligations and enforcement will continue to apply even though the land may have been reclassified as a reserve under the NPW Act or dedicated under the Forestry Act. That creates a layered regulatory relationship where conservation or reserve status coexists with a separate mineral regime.
Transitional preservation of Crown Lands and contracts: Section 28 protects Crown leases, licences, occupation permits and easements, and pre-existing Crown land sale contracts from being upset by the reclassification. Where a contract for sale of Crown land or a Crown licence existed immediately before Division 2 of Part 2, the Act preserves its effect as if the Act had not been enacted (s 28(3)-(4)). Those protections limit the immediate disruptive effect on private contractual expectations and ensure legal continuity under the Crown Lands Act.
Administrative Arrangements and departmental competence: Section 27 assigns administrative responsibility to specific Ministers and Departments pending an Administrative Arrangements order under the Administrative Arrangements Act 1990. That assignment determines which principal-Act powers and duties will be exercised by which agency initially. Once an Administrative Arrangements order is made, administrative competence may shift, and that will change the statutory interface among the Principal Acts and agencies.
Amendments to Principal Acts incorporated: Parts 4-6 record that the amendments effected by this Act have been incorporated into the authorised versions of the Forestry Act, Crown Lands Act and NPW Act (see Parts 4-6 preambles and numerous sections such as the repeated notes "The amendments effected by this section have been incorporated into the authorised version of the [Principal Act]"). That is a textual confirmation that the Act intended to be read in consolidation with those Principal Acts, producing direct interaction in statutory practice.
Because the Act changes which Principal Act applies to a parcel, the full legal effect is realised through the substantive provisions of those Principal Acts. Practitioners must therefore read the land-classification declarations in this Act together with the operative parts of the Forestry Act 1920, Crown Lands Act 1976 and National Parks and Wildlife Act 1970, and where relevant the Mineral Resources Development Act 1995, to determine rights, obligations, permitting paths and enforcement mechanisms for any parcel listed in the Schedules.
Amendment history
The text of the Act itself includes in-line amendment notes and statements about incorporation of amendments into the authorised versions of Principal Acts. The Act records the following amendment-related facts in the source text provided:
Section 3 contains amendment notes. The definition provisions of s 3(1) include the annotation "[Section 3 Subsection (1) amended by No. 7 of 2013, Sched. 9, Applied:03 Jun 2013]" applied to the definition block that adds Register of Permanent Timber Production Zone Land and a related note. This indicates that Parliament amended the definition provisions in 2013 to reflect changes in the register terminology.
Several specific subsections are annotated as having been amended by No. 7 of 2013, Sched. 9, Applied:03 Jun 2013. For example, s 6(4), s 7(2), s 8(2) and s 13(4) carry amendment notes to that effect (see the bracketed amendment notes in their text). Those amendments concern deletion or entry to the Register of Permanent Timber Production Zone Land and the treatment of land entered in that Register under the former Act. The source shows the amendment notes but does not reproduce the amending text in full; instead it indicates these subsections were amended and applied on 3 June 2013.
Schedule 7 contains an amendment footnote showing it was amended by No. 1 of 2000, s 19, Applied:28 Apr 2000. This shows changes to the Schedule of national parks occurred in 2000.
Parts 4, 5 and 6 of the Act repeatedly state that "The amendments effected by this section have been incorporated into the authorised version of the [Principal Act]." Those repeated incorporations indicate the Act altered the Principal Acts and that the consolidator has incorporated those amendments into the authorised texts of the Forestry Act 1920, Crown Lands Act 1976 and National Parks and Wildlife Act 1970. The Act text itself does not set out a later amendment schedule beyond the in-line notes; it simply indicates which parts of the Act amended the Principal Acts and that those amendments are recorded in the authorised versions.
Commencement sequencing: Section 2 provides a detailed, staged commencement scheme with certain Divisions and Schedules to commence on days to be proclaimed, and sets out particular groups of sections that commence upon certain proclamations. That staged commencement means that different provisions entered into force at different times by proclamation. The Act itself does not provide an explicit single commencement date within the text presented; instead s 2 allocates dates by proclamation and sequences the effect of Parts and Schedules.
The source does not contain a full chronological list of every amendment made to the Act across all years beyond the in-line notes above. Where the text says sections "have been incorporated into the authorised version" it is signalling that the operative Principal Acts contain those amendments in their consolidated forms. For a complete legislative history practitioners should consult the authorised consolidated texts of the Forestry Act 1920, Crown Lands Act 1976 and National Parks and Wildlife Act 1970 and the Tasmanian statute compilation that records chronological amendments, including the 2013 amendments noted in the Act’s in-line notes.
Litigation history
The Act text supplied does not identify any specific cases, court decisions, or litigation outcomes. The source contains no case citations or recorded judicial determinations. Therefore from the Act alone:
There is no litigation history mentioned in the statutory text; the Act does not summarise court challenges or judicial interpretation.
Any litigation that might arise from the Act’s operation would, in practice, be brought under the Principal Acts whose regimes the Act invokes. For example, disputes over permitted uses, authorisations, enforcement or tenure would be litigated under the Forestry Act 1920, the Crown Lands Act 1976, the National Parks and Wildlife Act 1970, or the Mineral Resources Development Act 1995 depending on the parcel and issue, because the Act allocates parcels into the jurisdiction of those Acts (see s 3(2), s 7(2), s 14(1), s 25).
Boundary and cadastral disputes would likely engage the Central Plan Register and any statutory survey or land-titling regime to which those records are subject; the Act ties legal effect to plan numbers and to areas "indicated as shown bounded by heavy black lines" on the relevant plans (see s 3(4) and the Schedules). Litigation over such matters would therefore involve the plan evidence and any relevant surveying legislation.
Challenges to administrative decisions that flow from the reclassification (for example, refusals of permits, enforcement actions under the NPW Act or Forestry Act) would be brought under the judicial review or merits appeal processes available under the relevant Act or general administrative law principles.
Practitioners investigating litigation history should therefore search case law databases for disputes under the Forestry Act, Crown Lands Act, NPW Act and MRDA that reference the Regional Forest Agreement (Land Classification) Act 1998 or refer to particular schedule parcels or plan numbers. The Act’s text points to the legal loci where disputes are likely to be litigated but itself contains no recorded litigation matters.
Gotchas
The Act is primarily a schedule-driven, map-based statute. That structure generates several practical legal and administrative pitfalls that the source text reveals:
Reliance on plan numbers and "approximate" areas: The Schedules attach legal effects to parcels as "indicated as shown bounded by heavy black lines on the relevant plan listed in Column 3" and give "Approx. Area (ha)". That language emphasises that (a) the legal boundaries depend on plan depictions rather than the approximate hectare figures and (b) the area figures are approximate. Practitioners must consult the Central Plan Register for plan details (s 3(4)). Disputes about exact boundaries, whether a small lot sits inside or outside a boundary, or whether a specific tenure is affected, will turn on plan interpretation and cadastral evidence rather than the approximate hectare stated in the Schedule.
Deeming dates and staged commencement: Section 2 makes a number of provisions commence on proclaimed days, with different Divisions and Schedules commencing at different times. Legal effect is therefore timing-dependent. If an interested party relies on classification as a ground for action, they must check the proclamation history to determine the exact operative date for the particular parcel. The Act does not itself list those proclamation dates; they are delivered by proclamation.
Deletions and entries in timber production register are statutory fictions with practical consequences: The Act declares certain parcels to have been entered in or deleted from the Register of Permanent Timber Production Zone Land (s 7(2), s 6(4), s 13(4), s 8(2)). That has immediate practical consequences for timber production rights, planning and industry expectations. However the source notes that some subsections were amended in 2013 (see in-line notes), so practitioners should ensure they read the current authorised version of the Forestry Act incorporating those amendments.
Mixed regulatory regimes where MRDA applies: The Act preserves the application of the Mineral Resources Development Act over specified parcels (s 8(5), s 25). Where mining regulation is retained while land is also declared a reserve under the NPW Act or a forest reserve under the Forestry Act, parties face a layered regulatory model. The practical outcome depends on how the Principal Acts interoperate in that parcel , for example, licensing under MRDA may still be possible while land management under NPW Act imposes conservation obligations. Practitioners should check the interaction clauses in the Principal Acts and any transitional regulations made under s 26.
Continuity of existing instruments: Section 28 protects existing leases, licences, occupation permits and contracts, but administration of those instruments transfers to the Department responsible under the NPW Act (s 28(2) and s 27). That creates a potential administrative discontinuity: holders must interact with a different Department and a different statutory regime even though their instrument continues in force. In some cases, underlying use rights available under the former statutory classification may be constrained once the NPW Act or Forestry Act applies; those constraints must be assessed on a case-by-case basis.
Delegated regulation and transitional provisions: Section 26 allows the Governor to make regulations that contain savings or transitional provisions, and those regulations may be backdated to the commencement of any provision of the Act or later day (s 26(2)-(3)). The presence of this power means that the regulatory detail of implementation may not be visible in the Act itself; practitioners must check the regulations for transitional exemptions, administrative instructions, or savings that could modify the immediate application of the Principal Acts over particular parcels.
Administrative allocation: Section 27 assigns administration to particular Ministers and Departments "until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990". That creates operational risk if the Administrative Arrangements order changes the agency responsible. Parties should confirm current administrative responsibility with the Tasmanian Government or the Central Plan Register.
Deeming and retroactivity implications: The Act’s repeated formulations "is taken to have been so declared" or "is taken to have been so entered" may have the effect of backdating or deeming a prior formal step to have occurred, which can have legal consequences for prior dealings. Practitioners should be attentive to how Courts and the Principal Acts treat deeming provisions, and to any potential inconsistency with rights that were acquired in reliance on the previous status. The Act itself does not elaborate on whether the deeming creates any compensation liability; such issues would engage the Land Acquisition Act 1993 or general principles if compensation were claimed. Part 5, s 69 notes an amendment incorporated into the Land Acquisition Act, which could be relevant to compensation queries.
Multiple schedule entries for the same-named reserve: Schedules sometimes list multiple entries for the same named reserve with different plan numbers and different areas (for example multiple entries for "Mount Victoria Forest Reserve" across Schedules 1 and 4). Practitioners must therefore work at parcel level using plan numbers instead of relying solely on the reserve name to determine legal status.
To manage these "gotchas" practitioners should consult the Central Plan Register for plan copies, confirm proclamation dates, review the authorised consolidated text of the Forestry Act, Crown Lands Act and NPW Act including the incorporated amendments, and check any regulations made under s 26 that affect transitional arrangements.
How to comply
Compliance following the Act’s reclassifications requires different practical steps depending on the actor. The following is a targeted checklist for the principal affected stakeholders referencing the relevant provisions in the Act:
For Departments and Ministers (administrators):
Confirm current administrative responsibility: Check whether the Administrative Arrangements order under the Administrative Arrangements Act 1990 has been made; until then s 27 assigns administration to the Ministers and Departments named in that section.
Update statutory registers and records: Implement the entries and deletions for the Register of Permanent Timber Production Zone Land as specified in s 7(2), s 6(4), s 8(2), s 13(4) and ensure the Central Plan Register reflects plan numbers noted in s 3(4).
Implement management under Principal Acts: For parcels declared under the NPW Act (ss 11-25), apply the NPW Act’s management processes, planning obligations and enforcement mechanisms to those parcels. For parcels in timber production zones, apply the Forestry Act obligations. For parcels where the MRDA applies, coordinate with mineral regulation units (s 25).
Communicate to tenure-holders: Notify holders of leases, licences, occupation permits and easements about the administrative handover and the continued status of their legal instruments per s 28. Provide clear points of contact for administration (s 27).
Make any necessary regulations: If transitional or savings regulations are required, prepare regulations under s 26 to manage implementation sequences, permit timelines or temporary exemptions.
For leaseholders, licence-holders, easement-holders and contractors:
Verify whether your instrument is preserved: Use s 28(1)-(4) to confirm whether your lease, licence or contract is explicitly preserved. If preserved, determine which Department administers it after reclassification (s 28(2), s 27).
Check permit and use rights under the new regime: Even if a lease continues in force, the applicable statutory regime may change; examine the NPW Act, Forestry Act or MRDA provisions now applicable to the parcel to determine whether your permitted uses, environmental obligations or reporting requirements change.
Update operational plans and approvals: Where the land’s classification changes to NPW Act reserve classes or to a timber production zone, management plans, permitted operations, environmental approvals and access regimes may need amendment. Seek clarity from the administering Department about any necessary permit applications or compliance steps.
For forestry operators and timber investors:
Identify parcels entered or deleted in the timber production register: Consult Schedule 3 and Schedules 2, 4, 7, 11 etc., and confirm register status against the Forestry Act consolidated text (s 7(2), s 6(4), s 8(2), s 13(4)). Register entries affect where timber operations may lawfully occur and may impact supply forecasts.
Re-evaluate investment and harvest plans: Where parcels have been deleted from the timber register and declared to other classes, forestry operations may no longer be authorised; update operational forecasts and obtain any required approvals if operations continue under limited or transitional arrangements.
Liaise with Forestry Tasmania and the administering Department for compliance schedules and transitional arrangements (s 27, s 26).
For mining, exploration and resource proponents:
Check MRDA applicability: Identify whether the parcels you operate in are listed as MRDA-applicable in s 8(5) and s 25(1)-(2). If MRDA still applies, proceed under MRDA permitting and compliance. If MRDA does not apply, assess whether reserve status under the NPW Act will affect access.
Coordinate environmental approvals: Where areas are declared reserves under the NPW Act but MRDA applies, reconcile regulatory requirements across both regimes prior to submitting prospecting or mining proposals.
For local government and public users:
Check reclassified reserve purposes: Schedule 5 Part 2 lists permitted reserve purposes for public reserves. If a local government body manages a reserve now reserved to the Crown as a public reserve under s 10(3), confirm the permitted uses and statutory obligations under the Crown Lands Act or NPW Act as applicable.
Consult administering Department for events, use permits and park management rules: Park rules and permitted activities may change following reclassification.
Practical steps that apply across stakeholders:
Obtain the specific plan from the Central Plan Register referenced by plan number in the relevant Schedule, per s 3(4). Legal effect ties to plan boundaries, not to the approximate area numeric.
Confirm the proclamation date that brought the relevant Schedule or section into force (s 2) to determine legal timing. Proclamation details will be in Government Gazette or proclamation instruments.
Review the consolidated versions of the Forestry Act 1920, Crown Lands Act 1976 and National Parks and Wildlife Act 1970, noting the amendments effected by this Act (Parts 4-6 and their repeated incorporation statements). The Act instructs that references to those Acts are to be read as amended by this Act (s 3(2)).
Check for regulations made under s 26 that contain savings, transitional provisions or specification of implementation details. Those regulations can significantly affect short-term compliance obligations.
For any activity engagement, confirm which enforcement officers and which Department to contact under the new administrative allocation (s 27), and document interaction to establish an administrative record.
If a party believes a prior contractual or property interest is adversely affected, check s 28 protections and consider whether any compensation or statutory rights under the Land Acquisition Act 1993 (as referenced in Part 5, s 69) may be engaged; seek legal advice on remedies as necessary.
Following these steps and cross-referencing the Schedules with the Central Plan Register and the consolidated Principal Acts is the practical route to operational compliance under the Act.
(8) The remaining provisions of this Act commence on the day on which this Act receives the Royal Assent.
3 Interpretation
3 Interpretation
(1) In this Act, unless the contrary intention appears –
conservation area has the same meaning as in the National Parks and Wildlife Act 1970 ;
forest reserve has the same meaning as in the Forestry Act 1920 ;
former Act means –
(a) in Division 1 of Part 2 , the Forestry Act 1920 as in force immediately before the commencement of section 30; and
(b) in Division 2 of Part 2 and Schedule 5 , the Crown Lands Act 1976 as in force immediately before the commencement of Part 5; and
(c) in Division 3 of Part 2 , the National Parks and Wildlife Act 1970 as in force immediately before the commencement of section 73;
game reserve has the same meaning as in the National Parks and Wildlife Act 1970 ;
historic site has the same meaning as in the National Parks and Wildlife Act 1970 ;
national park has the same meaning as in the National Parks and Wildlife Act 1970 ;
nature recreation area has the same meaning as in the National Parks and Wildlife Act 1970 ;
nature reserve has the same meaning as in the National Parks and Wildlife Act 1970 ;
private land has the same meaning as in the National Parks and Wildlife Act 1970 ;
private sanctuary has the same meaning as in the National Parks and Wildlife Act 1970 ;
public reserve has the same meaning as in the Crown Lands Act 1976 ;
Regional Forest Agreement means the agreement made on 8 November 1997 between the State of Tasmania and the Commonwealth of Australia relating to the management and use of Tasmanian forests;
[Section 3 Subsection (1) amended by No. 7 of 2013, Sched. 9, Applied:03 Jun 2013]
[Section 3 Subsection (1) amended by No. 7 of 2013, Sched. 9, Applied:03 Jun 2013]Register of Permanent Timber Production Zone Land has the same meaning as in the Forestry Act 1920 ;
reserved land has the same meaning as in the National Parks and Wildlife Act 1970 ;
State forest has the same meaning as in the Forestry Act 1920 ;
State reserve has the same meaning as in the National Parks and Wildlife Act 1970 .
(2) Except as otherwise provided in this Act, a reference to the Forestry Act 1920 , the Crown Lands Act 1976 or the National Parks and Wildlife Act 1970 is a reference to that Act as amended by Part 4, 5 or 6.
(3) In Division 3 of Part 2 –
(a) where the words
a conservation area are used, those words refer to a conservation area within the meaning of the National Parks and Wildlife Act 1970 as in force immediately before the commencement of section 73; and
(b) where the words
a State reserve are used, those words refer to a State reserve within the meaning of the National Parks and Wildlife Act 1970 as in force immediately before the commencement of section 73; and
(c) where the words
a game reserve are used, those words refer to a game reserve within the meaning of the National Parks and Wildlife Act 1970 as in force immediately before the commencement of section 73; and
(d) where the words
a local reserve are used, those words refer to a local reserve within the meaning of the National Parks and Wildlife Act 1970 as in force immediately before the commencement of section 73; and
(e) where the words
a private reserve are used, those words refer to a private reserve within the meaning of the National Parks and Wildlife Act 1970 as in force immediately before the commencement of section 73.
(4) In this Act, a reference to a plan by a number is a reference to the plan so numbered in the Central Plan Register.
Part 2 Classification of certain land
Part 2 Classification of certain land
Division 1 Forestry Act 1920
Division 1 Forestry Act 1920
4 Continuation of status of certain land
4 Continuation of status of certain land
Any area of land that, immediately before the commencement of this section, was State forest or a forest reserve under the former Act continues as such until or unless –
(a) its dedication as State forest or a forest reserve is revoked under this Act or the Forestry Act 1920 ; or
(b) it ceases, under this Act or the Forestry Act 1920 , to be State forest or a forest reserve.
5 Dedication of forest reserves revoked
5 Dedication of forest reserves revoked
The dedication as a forest reserve of all land, the approximate areas of which are specified in Column 2 of Schedule 1 and are indicated as shown bounded by heavy black lines on the plans listed in Column 3 of that Schedule, is revoked.
6 Cessation of certain land as State forest
6 Cessation of certain land as State forest
(1) The dedication as a forest reserve of any land, the approximate area of which is specified in Column 2 of Schedule 2 and is indicated as shown bounded by heavy black lines on the relevant plan listed in Column 3 of that Schedule, is revoked.
(2) Notwithstanding section 14(2) of theForestry Act 1920 , the dedication as State forest of any land, the approximate area of which is specified in Column 2 of Schedule 2 and is indicated as shown bounded by heavy black lines on the relevant plan listed in Column 3 of that Schedule, is revoked.
(3) Any land, the approximate area of which is specified in Column 2 of Schedule 2 and is indicated as shown bounded by heavy black lines on the relevant plan listed in Column 3 of that Schedule, that became State forest, other than by dedication as such under the Forestry Act 1920 , ceases to be State forest.
(4) [Section 6 Subsection (4) amended by No. 7 of 2013, Sched. 9, Applied:03 Jun 2013] Any land, the approximate area of which is specified in Column 2 of Schedule 2 and is indicated as shown bounded by heavy black lines on the relevant plan listed in Column 3 of that Schedule, that was entered in the Register of Permanent Timber Production Zone Land under the former Act is deleted from that Register.
7 Certain land to be entered in Register of Permanent Timber Production Zone Land
7 Certain land to be entered in Register of Permanent Timber Production Zone Land
(1) The reservation under the Crown Lands Act 1976 of any part of any land, the approximate area of which is specified in Column 2 of Schedule 3 and is indicated as shown bounded by heavy black lines on the relevant plan listed in Column 3 of that Schedule, is revoked.
(2) [Section 7 Subsection (2) amended by No. 7 of 2013, Sched. 9, Applied:03 Jun 2013] All land, the approximate areas of which are specified in Column 2 of Schedule 3 and are indicated as shown bounded by heavy black lines on the plans listed in Column 3 of that Schedule, is entered in the Register of Permanent Timber Production Zone Land and is taken to have been so entered under the Forestry Act 1920 .
8 Dedication of forest reserves
8 Dedication of forest reserves
(1) The reservation under the Crown Lands Act 1976 of any part of any land, the approximate area of which is specified in Column 2 of Schedule 4 and is indicated as shown bounded by heavy black lines on the relevant plan listed in Column 3 of that Schedule, is revoked.
(2) [Section 8 Subsection (2) amended by No. 7 of 2013, Sched. 9, Applied:03 Jun 2013] Any land, the approximate area of which is specified in Column 2 of Schedule 4 and is indicated as shown bounded by heavy black lines on the relevant plan listed in Column 3 of that Schedule, that was entered in the Register of Permanent Timber Production Zone Land under the former Act is deleted from that Register.
(3) Any land, the approximate area of which is specified in Column 2 of Schedule 4 and is indicated as shown bounded by heavy black lines on the relevant plan listed in Column 3 of that Schedule, that was not State forest under the former Act is dedicated under this Act as State forest.
(4) All land, the approximate areas of which are specified in Column 2 of Schedule 4 and are indicated as shown bounded by heavy black lines on the plans listed in Column 3 of that Schedule, is dedicated as a forest reserve and is taken to have been so dedicated under the Forestry Act 1920 .
(5) The Mineral Resources Development Act 1995 applies to all land, the approximate areas of which are specified in Column 2 of Schedule 4 and are indicated as shown bounded by heavy black lines on the plans listed in Column 3 of that Schedule.
Division 2 Crown Lands Act 1976
Division 2 Crown Lands Act 1976
9 Revocation of reserves
9 Revocation of reserves
The reservation under the former Act of any land specified in Part 1 of Schedule 5 is revoked.
10 Reservation of public reserves
10 Reservation of public reserves
(1) In this section,
Crown land has the same meaning as in the Crown Lands Act 1976 .
(2) The reservation of any area of Crown land, other than the land referred to in section 9 , that, immediately before the commencement of this section was in force under the former Act, is revoked.
(3) The following areas of Crown land are reserved to the Crown as public reserves and are taken to have been so reserved under the Crown Lands Act 1976 , unless those areas of land are State forest or reserved land:
(a) the land the reservation of which was revoked under subsection (2) ;
(b) any area of Crown land specified in Part 2 of Schedule 5 .
(4) The Mineral Resources Development Act 1995 applies to any area of Crown land to which that Act applied immediately before the commencement of this Division that is reserved to the Crown as a public reserve under subsection (3) .
Division 3 National Parks and Wildlife Act 1970
Division 3 National Parks and Wildlife Act 1970
11 Land ceasing to be reserved land
11 Land ceasing to be reserved land
Any land, the approximate area of which is specified in Column 2 of Schedule 6 and is indicated as shown bounded by heavy black lines on the relevant plan listed in Column 3 of that Schedule –
(a) ceases to be or to form part of a conservation area; and
(b) ceases to be reserved land.
12 Removal of status of all land under former Act
12 Removal of status of all land under former Act
(1) Any area of land that was a conservation area immediately before the commencement of this Division ceases to be or to form part of a conservation area.
(2) Any area of land that was a State reserve or a game reserve immediately before the commencement of this Division –
(a) ceases to be or to form part of a conservation area; and
(b) ceases to be a State reserve or a game reserve.
(3) Any area of land that was a private reserve or a local reserve immediately before the commencement of this Division –
(a) ceases to be or to form part of a conservation area; and
(b) ceases to be a private reserve or a local reserve.
13 Removal of status of certain land under Forestry Act 1920
13 Removal of status of certain land under Forestry Act 1920
(1) The dedication as a forest reserve of any land,
This is an opening excerpt, not the complete document.