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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
FOREST PRACTICES AMENDMENT BILL 2018
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Long title amended
5. Section 3 amended (Interpretation)
6. Section 4C amended (Functions of Authority)
7. Section 17 amended (Restrictions on harvesting timber, &c.)
8. Section 18 amended (Application for certification of forest
practices plan)
9. Section 19 amended (Authority to certify or refuse to certify
forest practices plan)
10. Section 21 amended (Contravention, &c., of certified forest
practices plan)
11. Section 22 amended (Variation of certified forest practices plan
at instigation of Authority)
12. Section 23 amended (Application for variation of certified forest
practices plan)
13. Section 24A amended (Revocation of certified forest practices
plans)
14. Section 25 amended (Appeal in respect of forest practices plan)
15. Section 25A amended (Forest practices plan compliance reports)
16. Section 25B amended (Forest practices plan progress reports)
[Bill 61]-XI
17. Section 25C amended (Appeal to Tribunal by person aggrieved
by notice under section 25B )
18. Section 25D inserted
25D. Assignment of responsibility for forest practices plan
19. Section 34 amended (Forest Practices Tribunal)
20. Section 37A amended (Forest Practices Advisory Council)
21. Part VI, Division 1: Heading inserted
Division 1 - Officers and forest practices officers
22. Section 38 amended (Appointment of officers for purposes of
Act)
23. Section 39 amended (Forest practices officers)
24. Part VI, Division 2 inserted
Division 2 - Code of conduct
40A. Code of conduct for forest practices officers
40B. Contents of code of conduct
40C. Code of conduct to be made available
25. Part VI, Division 3: Heading inserted
Division 3 - Compliance with forest practices plans
26. Section 41 amended (Failure to comply with provisions of
certified forest practices plan or Act)
27. Part VI, Division 4: Heading inserted
Division 4 - Other matters
28. Section 43 amended (Delegation by Authority)
29. Section 44 amended (Costs and expenses of Act)
30. Section 47A amended (Recovery of costs for loss or damage)
31. Section 47B amended (Alternative to prosecution)
32. Repeal of Act
2
FOREST PRACTICES AMENDMENT BILL 2018
(Brought in by the Minister for Resources, the Honourable
Sarah Courtney)
A BILL FOR
An Act to amend the Forest Practices Act 1985
Be it enacted by Her Excellency the Governor of Tasmania, by
and with the advice and consent of the Legislative Council and
House of Assembly, in Parliament assembled, as follows:
1. Short title
This Act may be cited as the Forest Practices
Amendment Act 2018.
2. Commencement
The provisions of this Act commence on a day
or days to be proclaimed.
3. Principal Act
In this Act, the Forest Practices Act 1985* is
referred to as the Principal Act.
4. Long title amended
The long title of the Principal Act is amended by
inserting "to provide for the issue of codes of
_______________________________________________________________
*No. 48 of 1985
[Bill 61] 3
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s. 5
conduct for forest practices officers," after
"reserves,".
5. Section 3 amended (Interpretation)
Section 3(1) of the Principal Act is amended as
follows:
(a) by inserting the following definition after
the definition of clearing of trees:
code of conduct means a code of
conduct issued under
section 40A(3);
(b) by inserting the following definitions
after the definition of registrar:
rehabilitate, in relation to land to
which a requirement, request or
direction to rehabilitate the land
relates, means to return the land,
as far as reasonably practicable,
to the condition that it was in
before the occurrence of the
damage, degradation, or
alteration, to which the
requirement, request or direction
relates;
revegetate, in relation to land to which
a requirement, request or
direction to revegetate the land
relates, means to sow seed, or
plant seedlings, on the land so as
to return the land to, as far as
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reasonably practicable, the state
of vegetation on the land before
the occurrence of the damage,
degradation, or alteration, in
relation to which the requirement,
request or direction relates;
Secretary means the Secretary of the
Department;
6. Section 4C amended (Functions of Authority)
Section 4C of the Principal Act is amended as
follows:
(a) by inserting the following paragraph after
paragraph (d):
(da) to issue and maintain codes of
conduct;
(b) by omitting paragraph (fb) and
substituting the following paragraph:
(fb) to implement the Policy for
Maintaining a Permanent Native
Forest Estate, being the policy set
out in the Regional Forest
Agreement made between the
State and the Commonwealth on
8 November 1997, as that
Agreement is amended from time
to time;
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s. 7
7. Section 17 amended (Restrictions on harvesting
timber, &c.)
Section 17(4) of the Principal Act is amended by
inserting "authorising the carrying out of the
activity" after "plan".
8. Section 18 amended (Application for certification of
forest practices plan)
Section 18 of the Principal Act is amended as
follows:
(a) by inserting the following paragraph after
paragraph (c) in subsection (2):
(ca) specify the period for which the
plan is to remain in force; and
(b) by omitting from subsection (4B) "at a
time" and substituting "by a date";
(c) by inserting the following subsection
after subsection (4B):
(4C) If -
(a) an applicant; or
(b) where a person has been
assigned in accordance
with section 25D the
applicant's
responsibilities under this
Division, that person -
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fails to pay all of the application
fee by the date, and in the
manner, determined by the
Authority for the purposes of
subsection (4B), so much of the
application fee as has not been
paid by that date and in that
manner is a debt due and payable
to the Authority by the applicant,
or the person, as the case may be,
and may be recovered by the
Authority in a court of competent
jurisdiction.
9. Section 19 amended (Authority to certify or refuse
to certify forest practices plan)
Section 19 of the Principal Act is amended as
follows:
(a) by inserting the following paragraph after
paragraph (b) in subsection (1A):
(ba) amending the period for which
the plan is to remain in force;
(b) by omitting from subsection (3) "section
17" and substituting "section 18 or, if a
person has been assigned in accordance
with section 25D the applicant's
responsibilities under this Division, that
person,".
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10. Section 21 amended (Contravention, &c., of
certified forest practices plan)
Section 21(1)(c) of the Principal Act is amended
by omitting "owner of land" and substituting
"person who is an owner of land, or who is a
person to whom the owner's responsibilities
under section 17 have been assigned under
section 17(2), and".
11. Section 22 amended (Variation of certified forest
practices plan at instigation of Authority)
Section 22 of the Principal Act is amended as
follows:
(a) by inserting in subsection (2) "(or a
person to whom the applicant's
responsibilities under this Division have
been assigned in accordance with
section 25D)" after "of the plan";
(b) by inserting in subsection (3) "(or a
person to whom the applicant's
responsibilities under this Division have
been assigned in accordance with
section 25D)" after "of the plan".
12. Section 23 amended (Application for variation of
certified forest practices plan)
Section 23 of the Principal Act is amended as
follows:
(a) by inserting in subsection (1) "(or who is
a person to whom the applicant's
8
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s. 13
responsibilities under this Division have
been assigned in accordance with
section 25D)" after "practices plan";
(b) by inserting in subsection (2)(b) "under
this section" after "applicant";
(c) by inserting in subsection (2)(c) "the
person to whom the owner's
responsibilities under section 17 have
been assigned under section 17(2) or"
after "be,".
13. Section 24A amended (Revocation of certified forest
practices plans)
Section 24A of the Principal Act is amended as
follows:
(a) by inserting in subsection (2) ", or a
person to whom the applicant's
responsibilities under this Division have
been assigned in accordance with
section 25D," after "plan";
(b) by inserting in subsection (2) "on whom
notice is served under subsection (3)"
after "that person";
(c) by inserting in subsection (3)(a) ", or a
person to whom the applicant's
responsibilities under this Division have
been assigned in accordance with
section 25D," after "plan";
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(d) by inserting in subsection (3)(a) "on
whom notice is served" after "that
person";
(e) by inserting in subsection (3)(b) "or the
person to whom the applicant's
responsibilities under this Division have
been assigned in accordance with
section 25D" after "plan".
14. Section 25 amended (Appeal in respect of forest
practices plan)
Section 25(1) of the Principal Act is amended by
inserting "(or who is a person to whom the
applicant's responsibilities under this Division
have been assigned in accordance with
section 25D)" after "practices plan".
15. Section 25A amended (Forest practices plan
compliance reports)
Section 25A(3) of the Principal Act is amended
by inserting "or who is a person to whom the
applicant's responsibilities under this Division
have been assigned in accordance with
section 25D" after "section 18(1)(b)" in the
definition of responsible person.
16. Section 25B amended (Forest practices plan
progress reports)
Section 25B(2) of the Principal Act is amended
by inserting ", within the meaning of
section 25A," after "practices plan".
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17. Section 25C amended (Appeal to Tribunal by
person aggrieved by notice under section 25B )
Section 25C(1) of the Principal Act is amended
by inserting ", within the meaning of
section 25A," after "plan".
18. Section 25D inserted
After section 25C of the Principal Act, the
following section is inserted in Division 1:
25D. Assignment of responsibility for forest
practices plan
(1) An applicant under section 18 for
certification of a forest practices plan
may enter into an agreement in writing
under seal with any person under which
that person is assigned the applicant's
responsibilities under this Division, apart
from section 17.
(2) An applicant under section 18 for
certification of a forest practices plan
who enters into an agreement under
subsection (1) must, as soon as
practicable, provide a copy of the
agreement to -
(a) the Authority; and
(b) the owner of the land referred to
in the plan or, if the land is
subject to a forestry right, the
holder of the right.
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Penalty: Fine not exceeding 5 penalty
units.
19. Section 34 amended (Forest Practices Tribunal)
Section 34 of the Principal Act is amended as
follows:
(a) by omitting paragraphs (a) and (b) from
subsection (2A) and substituting the
following paragraphs:
(a) the Minister has, by notice
circulating in 2 newspapers
published in, and circulating
generally in, the State, called for
expressions of interest from
persons who seek to be appointed
as a member of the Tribunal; and
(b) the person is a person who has
responded to the notice referred
to in paragraph (a) and is
nominated for membership by the
Minister.
(b) by omitting subsections (2B) and (2C).
20. Section 37A amended (Forest Practices Advisory
Council)
Section 37A(2) of the Principal Act is amended
as follows:
(a) by omitting from paragraph (e) "jointly";
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s. 21
(b) by inserting the following paragraphs
after paragraph (f):
(fa) a person with knowledge and
expertise in the administration of
forest policy who is nominated by
the Secretary of the Department;
and
(fb) a person with knowledge and
expertise in relation to natural
heritage or cultural heritage who
is nominated by the Secretary of
the department that is
responsible, for the
administration of the Nature
Conservation Act 2002, to the
Minister to whom that Act is
assigned; and
(fc) a person, other than the chief
forest practices officer, who is a
forest practices officer; and
(c) by omitting from paragraph (g) "jointly".
21. Part VI, Division 1: Heading inserted
Part VI of the Principal Act is amended by
inserting the following heading before section
38:
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s. 22
Division 1 - Officers and forest practices officers
22. Section 38 amended (Appointment of officers for
purposes of Act)
Section 38 of the Principal Act is amended as
follows:
(a) by inserting in subsection (2) "and the
Authority may appoint such a person
under this subsection accordingly" after
"Act";
(b) by inserting the following paragraphs
after paragraph (b) in subsection (2B):
(ba) whether the nominee has
contravened a code of conduct; or
(bb) whether the nominee has
contravened a direction given
under this Act to the nominee by
the chief forest practices officer;
or
23. Section 39 amended (Forest practices officers)
Section 39 of the Principal Act is amended as
follows:
(a) by inserting the following paragraphs
after paragraph (a) in subsection (3):
(ab) has contravened a code of
conduct; or
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(ac) has contravened a direction given
under this Act to the forest
practices officer by the chief
forest practices officer; or
(b) by inserting the following subsections
after subsection (3):
(3A) The chief forest practices officer
may give to a forest practices
officer a direction -
(a) that relates to a function,
or power, delegated under
this Act to the forest
practices officer; and
(b) that specifies a period in
which the direction is to
be complied with, being a
period that is reasonable
in all the circumstances.
(3B) Without limiting the generality of
subsection (3A), a direction under
that subsection may require a
forest practices officer to seek the
approval of the chief forest
practices officer before
performing or exercising a
function or power delegated to
the forest practices officer under
section 43.
(3C) If, in accordance with
subsection (3B), a direction is
given under subsection (3A)
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s. 24
requiring a forest practices officer
to seek the approval of the chief
forest practices officer before
performing or exercising a
function or power delegated to
the forest practices officer under
section 43, the delegation under
section 43 is to be taken to be
subject to any directions of the
chief forest practices officer and
to be varied accordingly.
24. Part VI, Division 2 inserted
After section 40 of the Principal Act, the
following Division is inserted in Part VI:
Division 2 - Code of conduct
40A. Code of conduct for forest practices officers
(1) The Board may prepare a code of
conduct.
(2) The Board is, in preparing a code of
conduct, to consult with the Forest
Practices Advisory Council and forest
practices officers.
(3) The Board may issue a code of conduct
prepared under subsection (1) if -
(a) the Minister has laid a copy of the
code of conduct before each
House of Parliament; and
16
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s. 24
(b) the code of conduct has not been
disallowed by a House of
Parliament under subsection (4).
(4) A House of Parliament may, within 5
sitting-days after a copy of the code of
conduct has been laid before the House
under subsection (3)(a), disallow the
code of conduct.
(5) The Board may revoke a code of
conduct.
(6) As soon as practicable after the Board
issues or revokes a code of conduct, the
Board must cause notice of the issue or
revocation to be published in the Gazette
or in another manner that the Board
considers appropriate.
40B. Contents of code of conduct
(1) A code of conduct is to specify the
manner in which forest practices officers
are to perform their functions, and
exercise their powers, under this Act or
any other Act.
(2) A code of conduct is to specify the
procedures for the investigation and
determination of whether a forest
practices officer has contravened the
code of conduct.
(3) The procedures referred to in
subsection (2) -
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(a) are to afford procedural fairness
in the determination of whether a
forest practices officer has
contravened the code of conduct;
and
(b) may vary according to the
circumstances of the alleged
contravention of the code of
conduct.
(4) A code of conduct may be made so as to
apply differently according to matters,
limitations or restrictions, whether as to
time, circumstance or otherwise,
specified in the code.
(5) A code of conduct may authorise a
matter to be from time to time
determined, applied or regulated by the
Board.
(6) A code of conduct is to be consistent
with this Act.
(7) If there is an inconsistency between a
code of conduct and this Act, the code is
invalid to the extent of the inconsistency.
40C. Code of conduct to be made available
(1) As soon as practicable after the Board
issues or revokes a code of conduct, the
Board is to serve on each forest practices
officer a copy of the code of conduct or
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s. 25
the notice of revocation of the code of
conduct.
(2) The Authority must, at the request of a
person, provide the person with an up-to-
date copy of a code of conduct, or part of
a code of conduct.
(3) The Authority must allow a person to
peruse a code of conduct, free of charge,
at the office of the Authority, at any time
within the hours during which that office
is normally open.
(4) The Authority must make available, in
the manner that the Board considers
appropriate, copies of a code of conduct.
25. Part VI, Division 3: Heading inserted
Part VI of the Principal Act is amended by
inserting the following heading after section 40:
Division 3 - Compliance with forest practices plans
26. Section 41 amended (Failure to comply with
provisions of certified forest practices plan or Act)
Section 41 of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "land to
comply with the provisions of the
certified forest practices plan or the
provisions of this Act, as the case may
19
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s. 26
be." and substituting "land to do any one
or more of the following:";
(b) by inserting the following paragraphs
after subsection (1):
(a) comply with the provisions of the
certified forest practices plan or
the provisions of this Act, as the
case may be;
(b) take action, in accordance with
the Forest Practices Code or as
directed by the chief forest
practices officer, so as to -
(i) repair or make good any
damage to land,
vegetation, or objects,
that, in the reasonable
opinion of the officer, has
been caused by the forest
practices specified in the
request; or
(ii) rehabilitate or revegetate
any land that, in the
reasonable opinion of the
officer, has been, or on
which, in the reasonable
opinion of the officer, the
vegetation has been,
damaged, degraded, or
altered, by the forest
practices specified in the
request.
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s. 26
(c) by inserting in subsection (2) ", another
forest practices officer, or the chief forest
practices officer," after "makes the
request";
(d) by omitting from subsection (2) "in
writing personally";
(e) by omitting paragraph (b) from
subsection (2) and substituting the
following paragraphs:
(b) where there is a certified forest
practices plan in relation to the
forest practices on the land and in
the reasonable opinion of the
officer it is practicable and
economically feasible to do so -
(i) repair or make good, in
the manner and within the
period specified in the
notice, any damage to
land, vegetation, or
objects, that, in the
reasonable opinion of the
officer, has been caused
by the forest practices
specified in the notice; or
(ii) rehabilitate or revegetate,
in the manner and within
the period specified in the
notice, any land that has
been, in the reasonable
opinion of the officer, or
21
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s. 26
on which the vegetation
has been, in the
reasonable opinion of the
officer, damaged,
degraded, or altered, by
the forest practices
specified in the notice;
(ba) if there is no certified forest
practices plan in relation to the
forest practices on the land and,
in the reasonable opinion of the
officer it is practicable and
economically feasible to do so -
(i) within the period
specified in the notice,
repair or make good, in
accordance with the
Forest Practices Code or
as directed by the chief
forest practices officer,
any damage to land,
vegetation, or objects,
caused, in the reasonable
opinion of the officer, in
contravention of this Act,
by the forest practices
specified in the notice; or
(ii) within the period
specified in the notice,
rehabilitate or revegetate,
in accordance with the
Forest Practices Code or
as directed by the chief
22
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Act No. of 2018
s. 27
forest practices officer,
any land that has been, in
the reasonable opinion of
the officer, or on which
the vegetation has been,
in the reasonable opinion
of the officer, damaged,
degraded, or altered, by
the forest practices
specified in the notice;
(f) by inserting in subsection (6)(a) "or
make good" after "repair";
(g) by inserting in subsection (6)(a) "or
rehabilitate or revegetate the land to
which the notice relates" after "(b)";
(h) by omitting from subsection (8)
"repairing any damage" and substituting
"repairing or making good any damage,
revegetating or rehabilitating any land,";
(i) by inserting in subsection (8) ", or the
Authority," after "due to that person".
27. Part VI, Division 4: Heading inserted
Part VI of the Principal Act is amended by
inserting the following heading after section 42:
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s. 28
Division 4 - Other matters
28. Section 43 amended (Delegation by Authority)
Section 43 of the Principal Act is amended as
follows:
(a) by omitting from subsection (3) "under
subsection (2)" and substituting "under
subsection (1) or (2)";
(b) by omitting from subsection (4) "under
subsection (2)" and substituting "under
subsection (1) or (2)".
29. Section 44 amended (Costs and expenses of Act)
Section 44(2) of the Principal Act is amended by
inserting "or as permitted under
section 47B(3A)" after "that subsection".
30. Section 47A amended (Recovery of costs for loss or
damage)
Section 47A of the Principal Act is amended by
inserting after paragraph (a) the following
paragraph:
(ab) costs incurred, by the person specified by
the court, in repairing or making good
any damage done, or in rehabilitating or
revegetating any land that has been, or on
which the vegetation has been, damaged,
degraded, or altered, by reason of the
convicted person's act; and
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s. 31
31. Section 47B amended (Alternative to prosecution)
Section 47B of the Principal Act is amended by
inserting after subsection (3) the following
subsection:
(3A) In addition to the purposes set out in
section 44(1) for which, in accordance
with section 44(2) as applied by
subsection (3) of this section, prescribed
fines may be disposed of by the
Authority, the Authority may provide all
or part of a prescribed fine to a person to
recompense the person for any costs
incurred in repairing or making good any
damage done, or in rehabilitating or
revegetating any land that has been, or on
which the vegetation has been, damaged,
degraded, or altered, by reason of the
action, or failure to take an action,
constituting all or part of the offence to
which the fine relates.
32. Repeal of Act
This Act is repealed on the three hundred and
sixty fifth day from the day on which all of the
provisions of this Act commence.
Government Printer, Tasmania 25