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TASMANIA
__________
FOREST PRACTICES AMENDMENT
(ADMINISTRATIVE REFORM) BILL 2004
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 3 amended (Interpretation)
5. Part 1A: Heading amended
6. Section 4AA amended (Forest Practices Authority)
7. Section 4A substituted
4A. Board of the Authority
4AB. Role of Board, &c.
8. Section 4B amended (Objective of Authority)
9. Section 4C amended (Functions of Authority)
10. Section 4D amended (Powers of Authority)
11. Section 4E amended (Annual assessment of forest
practices system)
12. Section 4G substituted
4G. Monitoring and enforcement of Act and Forest
Practices Code
13. Section 4H amended (Committees)
14. Section 4J amended (Chief forest practices officer)
15. Section 4K amended (Role of chief forest practices officer)
[Bill 73]-III
16. Section 4L amended (Staff)
17. Part 1B: Heading amended
18. Section 4M amended (Funds of Authority)
19. Section 4N amended (Authorised deposit-taking
institution accounts)
20. Section 4P amended (Investment)
21. Section 4Q amended (Reserves)
22. Section 4R amended (Borrowing from Treasurer)
23. Section 4S amended (Borrowing from person other than
Treasurer)
24. Section 4T amended (Effect of Financial Agreement Act
1994 )
25. Section 4U amended (Accounting records)
26. Section 4V amended (Financial statements)
27. Section 4W amended (Opinion of Auditor-General)
28. Section 4X amended (Annual report)
29. Section 4Z amended (State of the forests report)
30. Section 4ZA inserted
4ZA. Forest practices report
31. Section 5 amended (Application to have land declared as
private timber reserve)
32. Section 6 amended (Notice of application, &c.)
33. Section 7 amended (Objections to declaration of land as
private timber reserve)
34. Section 8 amended (Grant or refusal of application for
declaration of land as private timber reserve)
35. Section 9 amended (Appeal in respect of application
under section 5)
36. Section 10 amended (Recommendation to Governor that
land be declared as private timber reserve)
37. Section 11 amended (Declaration of land as private
timber reserve)
2
38. Section 13 amended (Revocation of private timber reserve
at instigation of Authority)
39. Section 14 amended (Revocation of private timber reserve
on application of owner of reserve)
40. Section 15 amended (Registration of notice relating to
private timber reserve)
41. Section 16 amended (Compensation may be payable
where application refused)
42. Section 17 amended (Restrictions on harvesting timber,
&c.)
43. Section 18 amended (Application for certification of forest
practices plan)
44. Section 18A amended (Tags to be attached to tree ferns)
45. Section 18B substituted
18B. Trading in tree ferns
46. Section 19 amended (Authority to certify or refuse to
certify forest practices plan)
47. Section 21 amended (Contravention, &c., of certified
forest practices plan)
48. Section 22 amended (Variation of certified forest
practices plan at instigation of Authority)
49. Section 23 amended (Application for variation of certified
forest practices plan)
50. Section 24 amended (Grant or refusal of application for
variation of certified forest practices plan)
51. Section 24A amended (Revocation of certified forest
practices plans)
52. Section 25 amended (Appeal in respect of forest practices
plan)
53. Section 25A substituted
25A. Forest practices plan compliance reports
25B. Forest practices plan progress reports
25C. Appeal to Tribunal by person aggrieved by notice
under section 25B
54. Section 27 amended (Three-year plans)
3
55. Section 28 amended (Power of Authority to call
conference for purpose of varying three-year plan)
56. Section 29 amended (Aggrieved person may appeal to
Tribunal)
57. Section 30 amended (Issue of Forest Practices Code)
58. Section 32 amended (Amendment, &c., of Forest
Practices Code)
59. Section 33 amended (Objection to amendment, &c., of
Forest Practices Code)
60. Section 34 amended (Forest Practices Tribunal)
61. Section 35 amended (Registry of the Forest Practices
Tribunal)
62. Section 36 amended (Procedure on receipt of an appeal)
63. Section 37 amended (Procedure, &c., of Tribunal)
64. Section 37A amended (Forest Practices Advisory Council)
65. Section 37C amended (Functions of Council)
66. Section 38 amended (Appointment of officers for purposes
of Act)
67. Section 39 amended (Forest practices officers)
68. Section 40 amended (Powers, &c., of forest practices
officers)
69. Section 41 amended (Failure to comply with provisions of
certified forest practices plan or Act)
70. Section 42 amended (Appeal to Tribunal by person
aggrieved by notice served under section 41(2))
71. Section 43 amended (Delegation by Authority)
72. Section 44 amended (Costs and expenses of Act)
73. Section 45 amended (False or misleading statements)
74. Section 45A amended (Seal of Authority)
75. Section 45B amended ( Land Acquisition Act 1993 does
not apply)
76. Section 46 amended (Service of notices and other
documents)
4
77. Section 47 amended (Proceedings and prosecutions)
78. Section 47A amended (Recovery of costs for loss or
damage)
79. Section 47B substituted
47B. Alternative to prosecution
80. Section 47C amended (Vicarious liability)
81. Section 47D amended (Salvage of illegally harvested
timber)
82. Section 50 amended (Regulations)
83. Schedule 2 amended (Provisions with Respect to
Membership of Forest Practices Tribunal)
84. Schedule 3 amended (Provisions with Respect to
Membership of Board)
85. Schedule 4 amended (Provisions with Respect to
Meetings of Board)
86. Schedule 5 amended (Provisions with Respect to
Membership of Council)
87. Schedule 6 amended (Provisions with Respect to
Meetings of Council)
88. Schedule 7 amended (Objective of the Forest Practices
System of Tasmania)
5
6
FOREST PRACTICES AMENDMENT
(ADMINISTRATIVE REFORM) BILL 2004
(Brought in by the Minister for Infrastructure, Energy and
Resources, the Honourable Bryan Alexander Green)
A BILL FOR
An Act to amend the Forest Practices Act 1985
Be it enacted by His 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:
Short title
1. This Act may be cited as the Forest Practices
Amendment (Administrative Reform) Act 2004.
Commencement
2. This Act commences on a day to be proclaimed.
Principal Act
3. In this Act, the Forest Practices Act 1985* is referred to
as the Principal Act.
*No. 48 of 1985
[Bill 73] 7
s. 4 No. Forest Practices Amendment 2004
(Administrative Reform)
Section 3 amended (Interpretation)
4. Section 3(1) of the Principal Act is amended as follows:
(a) by omitting the definition of "Board" and
substituting the following definitions:
"Authority" means the Forest Practices
Authority;
"Board" means the Board of Directors
of the Authority;
(b) by omitting "Board" from the definition of
"certified forest practices plan" and
substituting "Authority";
(c) by omitting the definition of "chief chairman"
and substituting the following definition:
"chief chairperson" means the chief
chairperson of the Tribunal;
(d) by omitting the definition of "deputy chief
chairman" and substituting the following
definitions:
"deputy chief chairperson" means
the deputy chief chairperson of the
Tribunal;
"director" means a director of the
Board;
"discrete operational phase", of a
forest practices plan, means a
forest practice or a part of a forest
practice that is specifically
identified in the plan as
constituting a discrete operational
8
2004 Forest Practices Amendment No. s. 5
(Administrative Reform)
phase, stage or component of the
plan;
(e) by omitting "Board" from the definition of
"Forest Practices Code" and substituting
"Authority".
Part 1A: Heading amended
5. Part 1A of the Principal Act is amended by omitting
"BOARD" from the heading to that Part and substituting
"AUTHORITY".
Section 4AA amended (Forest Practices Authority)
6. Section 4AA of the Principal Act is amended as follows:
(a) by omitting subsection (1) and substituting the
following subsection:
(1) The body established under this
section as in force immediately before the
commencement of the Forest Practices
Amendment (Administrative Reform) Act 2004
continues in existence, after that
commencement, under the name "Forest
Practices Authority".
(b) by omitting from subsection (2) "Board" and
substituting "Authority".
Section 4A substituted
7. Section 4A of the Principal Act is repealed and the
following sections are substituted:
9
s. 7 No. Forest Practices Amendment 2004
(Administrative Reform)
Board of the Authority
4A. (1) The Authority has a Board of Directors
consisting of -
(a) a person with expertise in public
administration and in environmental or
natural resource management and
governance; and
(b) a person with applied knowledge and
expertise in environmental or natural
resource management; and
(c) a person with applied knowledge and
expertise in sustainable forest
management on private land; and
(d) a person with applied knowledge and
expertise in sustainable forest
management on public land; and
(e) a person with applied knowledge and
expertise in community liaison and local
government, from a municipal area in
which forestry is a major land use; and
(f) a person with expertise in biological
science or nature conservation; and
(g) the chief forest practices officer.
(2) The directors referred to in
subsection (1)(a), (b), (c), (d), (e) and (f) are appointed
by the Minister.
(3) The Minister is to ensure that one of the
directors appointed under subsection (1)(c) and (d)
has practical knowledge and experience in forest
operations, including the harvesting and
reforestation of forests.
10
2004 Forest Practices Amendment No. s. 7
(Administrative Reform)
(4) The director appointed under
subsection (1)(a) is also, by virtue of that
appointment, chairperson of the Board.
(5) The Board may elect a director referred to
in subsection (1)(b), (c), (d), (e) or (f) to be deputy
chairperson of the Board.
(6) Schedule 3 has effect with respect to the
directors.
(7) Schedule 4 has effect with respect to
meetings of the Board.
Role of Board, &c.
4AB. (1) The Board is responsible for -
(a) the exercise and performance of the
powers and functions of the Authority
under this Act, consistent with the
Authority's objectives; and
(b) ensuring that the financial affairs of the
Authority are managed and conducted in
accordance with sound business
practice; and
(c) the exercise and performance of such
other powers and functions as may be
conferred or imposed on the Authority or
the Board under this or any other Act.
(2) The Board has power to do all things
necessary or convenient to be done in connection
with the discharge of its responsibilities.
(3) Where in this Act the exercise or
performance of a power or function of the Authority
in relation to any matter is expressed to be
dependent on an opinion, belief or state of mind of
11
s. 8 No. Forest Practices Amendment 2004
(Administrative Reform)
the Authority, the Authority is taken to have that
opinion, belief or state of mind in relation to that
matter if the Board has that opinion, belief or state
of mind in relation to that matter.
Section 4B amended (Objective of Authority)
8. Section 4B of the Principal Act is amended as follows:
(a) by omitting from subsection (1) "Board" and
substituting "Authority";
(b) by omitting from subsection (2) "Board" and
substituting "Authority".
Section 4C amended (Functions of Authority)
9. Section 4C of the Principal Act is amended as follows:
(a) by omitting "Board" and substituting
"Authority";
(b) by inserting the following paragraph after
paragraph (fa):
(fb) to implement the State Permanent
Forest Estate Policy, being the
policy referred to in, and
developed in accordance with,
Attachment 9 to the Tasmanian
Regional Forest Agreement made
between the State and the
Commonwealth on
8 November 1997;
12
2004 Forest Practices Amendment No. s. 10
(Administrative Reform)
Section 4D amended (Powers of Authority)
10. Section 4D of the Principal Act is amended by
omitting "Board" and substituting "Authority".
Section 4E amended (Annual assessment of forest
practices system)
11. Section 4E of the Principal Act is amended as follows:
(a) by omitting from subsection (1) "Board" and
substituting "Authority";
(b) by omitting from subsection (2) "Board" and
substituting "Authority";
(c) by omitting from subsection (3) "Board" and
substituting "Authority".
Section 4G substituted
12. Section 4G of the Principal Act is repealed and the
following section is substituted:
Monitoring and enforcement of Act and Forest
Practices Code
4G. (1) The Authority is responsible for -
(a) monitoring the degree of compliance
with this Act and the Forest Practices
Code; and
(b) where it finds instances of non-
compliance, causing appropriate
enforcement action to be taken.
13
s. 13 No. Forest Practices Amendment 2004
(Administrative Reform)
(2) To discharge its responsibility under
subsection (1)(b), the Authority may do any of the
following:
(a) through the chief forest practices officer
and other persons who it authorizes for
the purpose, cause complaints to be
made in respect of offences under this
Act;
(b) for the offences referred to in
section 47B, exercise the Authority's
powers under that section;
(c) have forest practices officers investigate
instances of suspected non-compliance,
with a view to having the officers
exercise their powers under section 41;
and
(d) take, or cause to be taken, any other
enforcement measures that may be
authorized by this or any other Act.
Section 4H amended (Committees)
13. Section 4H of the Principal Act is amended by
omitting "Board" and substituting "Authority".
Section 4J amended (Chief forest practices officer)
14. Section 4J of the Principal Act is amended as follows:
(a) by omitting from subsection (1) "Board" and
substituting "Authority";
(b) by omitting from subsection (4) "Board" twice
occurring and substituting "Authority".
14
2004 Forest Practices Amendment No. s. 15
(Administrative Reform)
Section 4K amended (Role of chief forest practices
officer)
15. Section 4K(b) of the Principal Act is amended by
omitting "Board" and substituting "Authority".
Section 4L amended (Staff)
16. Section 4L of the Principal Act is amended by omitting
"Board" and substituting "Authority".
Part 1B: Heading amended
17. Part 1B of the Principal Act is amended by omitting
"BOARD" from the heading to that Part and substituting
"AUTHORITY".
Section 4M amended (Funds of Authority)
18. Section 4M of the Principal Act is amended as follows:
(a) by omitting "Board" first occurring and
substituting "Authority";
(b) by omitting from paragraph (c) "Board" and
substituting "Authority";
(c) by omitting from paragraph (d) "Board" and
substituting "Authority".
Section 4N amended (Authorised deposit-taking
institution accounts)
19. Section 4N of the Principal Act is amended by
omitting "Board" and substituting "Authority".
15
s. 20 No. Forest Practices Amendment 2004
(Administrative Reform)
Section 4P amended (Investment)
20. Section 4P of the Principal Act is amended by omitting
"Board" and substituting "Authority".
Section 4Q amended (Reserves)
21. Section 4Q of the Principal Act is amended by
omitting "Board" and substituting "Authority".
Section 4R amended (Borrowing from Treasurer)
22. Section 4R of the Principal Act is amended as follows:
(a) by omitting from subsection (1) "Board" and
substituting "Authority";
(b) by omitting from subsection (3) "Board" and
substituting "Authority".
Section 4S amended (Borrowing from person other
than Treasurer)
23. Section 4S of the Principal Act is amended as follows:
(a) by omitting from subsection (1) "Board" and
substituting "Authority";
(b) by omitting from subsection (3) "Board" and
substituting "Authority";
(c) by omitting from subsection (4) "Board" first
occurring and substituting "Authority";
(d) by omitting from subsection (4) "Board" second
occurring and substituting "Authority";
16
2004 Forest Practices Amendment No. s. 24
(Administrative Reform)
(e) by omitting from subsection (4)(d) "Board" and
substituting "Authority";
(f) by omitting from subsection (7) "Board" twice
occurring and substituting "Authority".
Section 4T amended (Effect of Financial Agreement
Act 1994 )
24. Section 4T of the Principal Act is amended by omitting
"Board" twice occurring and substituting "Authority".
Section 4U amended (Accounting records)
25. Section 4U of the Principal Act is amended as follows:
(a) by omitting "Board" first occurring and
substituting "Authority";
(b) by omitting from paragraph (b)(i) "Board" and
substituting "Authority".
Section 4V amended (Financial statements)
26. Section 4V of the Principal Act is amended as follows:
(a) by omitting from subsection (1) "Board" first
occurring and substituting "Authority";
(b) by omitting from subsection (1)(a) "Board" and
substituting "Authority";
(c) by omitting from subsection (1)(b) "Board's"
and substituting "Authority's";
(d) by omitting from subsection (2)(b) "Board" and
substituting "Authority";
17
s. 27 No. Forest Practices Amendment 2004
(Administrative Reform)
(e) by omitting from subsection (2)(d) "Board" and
substituting "Authority".
Section 4W amended (Opinion of Auditor-General)
27. Section 4W of the Principal Act is amended by
omitting "Board" twice occurring and substituting
"Authority".
Section 4X amended (Annual report)
28. Section 4X of the Principal Act is amended as follows:
(a) by omitting from subsection (1) "Board" and
substituting "Authority";
(b) by omitting from subsection (2)(a) "Board" and
substituting "Authority";
(c) by omitting from subsection (2)(c) "Board" and
substituting "Authority";
(d) by omitting from subsection (2)(e) "Board"
twice occurring and substituting "Authority";
(e) by omitting from subsection (2)(f) "Board" first
occurring and substituting "Authority";
(f) by omitting from subsection (2)(f) "Board"
second occurring and substituting "Authority";
(g) by omitting from subsection (3) "Board" and
substituting "Authority".
Section 4Z amended (State of the forests report)
29. Section 4Z of the Principal Act is amended as follows:
18
2004 Forest Practices Amendment No. s. 30
(Administrative Reform)
(a) by omitting from subsection (1) "Board" and
substituting "Authority";
(b) by omitting from subsection (3) "Board" and
substituting "Authority";
(c) by omitting from subsection (4) "Board" and
substituting "Authority".
Section 4ZA inserted
30. After section 4Z of the Principal Act, the following
section is inserted in Part 1C:
Forest practices report
4ZA. (1) The Authority must, not later than
30 November 2007 and not later than 30 November
in each fifth year thereafter -
(a) review the operation of the State's forest
practices system, including the
provisions and operation of the Forest
Practices Code; and
(b) give the Minister a written report on the
outcome of the review.
(2) The Minister must cause a copy of each
report prepared under subsection (1) to be laid on
the table of each House of Parliament within 14
sitting-days of that House after the report is
received by the Minister.
Section 5 amended (Application to have land
declared as private timber reserve)
31. Section 5 of the Principal Act is amended as follows:
19
s. 32 No. Forest Practices Amendment 2004
(Administrative Reform)
(a) by omitting from subsection (1) "him" and
substituting "the person";
(b) by omitting from subsection (1) "Board" and
substituting "Authority";
(c) by omitting from subsection (2)(a) "Board" and
substituting "Authority";
(d) by omitting from subsection (3) "Board" twice
occurring and substituting "Authority";
(e) by omitting from subsection (4) "his" and
substituting "his or her";
(f) by omitting from subsection (4) "he" and
substituting "he or she".
Section 6 amended (Notice of application, &c.)
32. Section 6 of the Principal Act is amended as follows:
(a) by omitting from subsection (1) "Board" and
substituting "Authority";
(b) by omitting from subsection (2)(b) "Board" and
substituting "Authority";
(c) by omitting from subsection (2)(c) "Board" and
substituting "Authority".
Section 7 amended (Objections to declaration of
land as private timber reserve)
33. Section 7 of the Principal Act is amended as follows:
(a) by omitting from subsection (1) "Board" and
substituting "Authority";
20
2004 Forest Practices Amendment No. s. 34
(Administrative Reform)
(b) by omitting from subsection (2) "Board" first
occurring and substituting "Authority";
(c) by omitting from subsection (2)(c) "Board" and
substituting "Authority";
(d) by omitting from subsection (3) "him" and
substituting "him or her";
(e) by omitting from subsection (3) "Board" and
substituting "Authority";
(f) by omitting from subsection (3) "his" and
substituting "his or her".
Section 8 amended (Grant or refusal of application
for declaration of land as private timber reserve)
34. Section 8 of the Principal Act is amended as follows:
(a) by omitting from subsection (1) "Board" and
substituting "Authority";
(b) by omitting from subsection (2) "Board" and
substituting "Authority";
(c) by omitting from subsection (3) "Board" and
substituting "Authority";
(d) by omitting from subsection (4) "Board" and
substituting "Authority";
(e) by omitting from subsection (4) "him" and
substituting "him or her";
(f) by omitting from subsection (5) "Board" and
substituting "Authority";
(g) by omitting from subsection (5) "him" and
substituting "him or her".
21
s. 35 No. Forest Practices Amendment 2004
(Administrative Reform)
Section 9 amended (Appeal in respect of application
under section 5)
35. Section 9 of the Principal Act is amended as follows:
(a) by omitting from subsection (1) "Board to
grant his application, he" and substituting
"Authority to grant the person's application,
he or she";
(b) by omitting from subsection (2) "Board" and
substituting "Authority";
(c) by omitting from subsection (6) "Board" twice
occurring and substituting "Authority".
Section 10 amended (Recommendation to Governor
that land be declared as private timber reserve)
36. Section 10 of the Principal Act is amended as follows:
(a) by omitting from paragraph (a) "Board" and
substituting "Authority";
(b) by omitting from paragraph (b) "Board" and
substituting "Authority";
(c) by omitting from paragraph (c) "Board" three
times occurring and substituting "Authority";
(d) by omitting "Board" sixth occurring and
substituting "Authority".
Section 11 amended (Declaration of land as private
timber reserve)
37. Section 11 of the Principal Act is amended as follows:
22
2004 Forest Practices Amendment No. s. 38
(Administrative Reform)
(a) by omitting from subsection (1) "Board" and
substituting "Authority";
(b) by omitting from subsection (2) "Board" and
substituting "Authority".
Section 13 amended (Revocation of private timber
reserve at instigation of Authority)
38. Section 13 of the Principal Act is amended as follows:
(a) by omitting from subsection (1) "Board" twice
occurring and substituting "Authority";
(b) by omitting from subsection (1) "him" and
substituting "him or her";
(c) by omitting from subsection (2) "Board" and
substituting "Authority";
(d) by omitting from subsection (4) "Board" and
substituting "Authority";
(e) by omitting from subsection (5)(a) "Board's"
and substituting "Authority's";
(f) by omitting from subsection (5) "Board" and
substituting "Authority";
(g) by omitting from subsection (6) "Board" and
substituting "Authority";
(h) by omitting from subsection (7) "Board" and
substituting "Authority".
23
s. 39 No. Forest Practices Amendment 2004
(Administrative Reform)
Section 14 amended (Revocation of private timber
reserve on application of owner of reserve)
39. Section 14 of the Principal Act is amended as follows:
(a) by omitting from subsection (1) "Board" and
substituting "Authority";
(b) by omitting from subsection (2)(a) "Board" and
substituting "Authority";
(c) by omitting from subsection (3) "Board" twice
occurring and substituting "Authority";
(d) by omitting from subsection (4) "Board" and
substituting "Authority";
(e) by omitting from subsection (6) "Board" and
substituting "Authority";
(f) by omitting from subsection (6) "him" and
substituting "him or her";
(g) by omitting from subsection (7) "Board to
grant his application, he" and substituting
"Authority to grant the person's application,
he or she";
(h) by omitting from subsection (9) "Board" twice
occurring and substituting "Authority";
(i) by omitting from subsection (10)(a) "Board"
and substituting "Authority";
(j) by omitting from subsection (10)(b) "Board"
four times occurring and substituting
"Authority";
(k) by omitting from subsection (10) "Board" sixth
occurring and substituting "Authority";
24
2004 Forest Practices Amendment No. s. 40
(Administrative Reform)
(l) by omitting from subsection (11) "Board" and
substituting "Authority";
(m) by omitting from subsection (12) "Board" and
substituting "Authority".
Section 15 amended (Registration of notice relating
to private timber reserve)
40. Section 15 of the Principal Act is amended as follows:
(a) by omitting from subsection (1) "Board" and
substituting "Authority";
(b) by omitting from subsection (2) "Board" and
substituting "Authority".
Section 16 amended (Compensation may be payable
where application refused)
41. Section 16 of the Principal Act is amended as follows:
(a) by omitting from subsection (1)(a) "Board" and
substituting "Authority";
(b) by omitting from subsection (1)(c) "he" and
substituting "he or she";
(c) by omitting from subsection (1) "he" second
occurring and substituting "he or she";
(d) by omitting from subsection (2)(a) "Board" and
substituting "Authority";
(e) by omitting from subsection (2)(b) "Board" and
substituting "Authority";
25
s. 42 No. Forest Practices Amendment 2004
(Administrative Reform)
(f) by omitting from subsection (2)(c)(iii) "Board"
and substituting "Authority";
(g) by omitting from subsection (3) "Board" and
substituting "Authority";
(h) by omitting from subsection (5) "Board" and
substituting "Authority";
(i) by omitting from subsection (6) "Board" and
substituting "Authority";
(j) by omitting from subsection (7) "Board" and
substituting "Authority".
Section 17 amended (Restrictions on harvesting
timber, &c.)
42. Section 17 of the Principal Act is amended as follows:
(a) by omitting from subsection (4)(c)
"paragraph (a) or (b)" and substituting
"paragraph (a), (b) or (ba)";
(b) by omitting from subsection (4)(d)
"paragraph (a) or (b)" and substituting
"paragraph (a), (b) or (ba)";
(c) by omitting from the penalty under subsection
(4) "150 penalty units" and substituting "1 000
penalty units";
(d) by omitting from the penalty under subsection
(5) "150 penalty units" and substituting "1 000
penalty units";
(e) by omitting from the penalty under subsection
(5A) "150 penalty units" and substituting
"1 000 penalty units".
26
2004 Forest Practices Amendment No. s. 43
(Administrative Reform)
Section 18 amended (Application for certification of
forest practices plan)
43. Section 18 of the Principal Act is amended as follows:
(a) by omitting from subsection (1)(b) "Board" and
substituting "Authority";
(b) by omitting from subsection (2) "shall contain"
and substituting "is to";
(c) by omitting from subsection (2)(a)
"specifications" and substituting "contain
specifications";
(d) by omitting from subsection (2)(b) "in the case"
and substituting "contain, in the case";
(e) by inserting the following paragraph after
paragraph (b) in subsection (2):
(baa) identify, if applicable, the discrete
operational phases of the plan for
the purposes of section 25A;
(f) by omitting from subsection (2)(ba) "in the
case" and substituting "contain, in the case";
(g) by omitting paragraph (c) from subsection (2)
and substituting the following paragraph:
(c) provide an estimate of -
(i) the period during which the
forest practices of the plan
overall are to be carried out;
and
(ii) if applicable, the period
during which each discrete
operational phase of the
27
s. 44 No. Forest Practices Amendment 2004
(Administrative Reform)
plan identified under
paragraph (baa) is to be
carried out; and
(h) by omitting from subsection (2)(d) "the name"
and substituting "specify the name";
(i) by omitting from subsection (4)(b) "he has
given his approval for the plan to be submitted
to the Board" and substituting "he or she has
given approval for the plan to be submitted to
the Authority";
(j) by omitting from subsection (5) "Board" twice
occurring and substituting "Authority".
Section 18A amended (Tags to be attached to tree
ferns)
44. Section 18A of the Principal Act is amended by
omitting "Board" twice occurring and substituting
"Authority".
Section 18B substituted
45. Section 18B of the Principal Act is repealed and the
following section is substituted:
Trading in tree ferns
18B. (1) A person must not, without the written
approval of the Authority, trade in tree ferns unless
a tag issued by the Authority is affixed to the stem
of each tree fern.
Penalty: Fine not exceeding 150 penalty units.
28
2004 Forest Practices Amendment No. s. 45
(Administrative Reform)
(2) A forest practices officer may, on
production of his or her warrant of authorization,
require a person who appears to the forest practices
officer to be trading in tree ferns contrary to
subsection (1) to state all or any of the following:
(a) the person's name and address;
(b) when, where and how the person
obtained the untagged tree ferns;
(c) whether the untagged tree ferns were
obtained from another person and, if so,
the name and address of that other
person;
(d) whether the tree ferns were tagged or
untagged when the person obtained
them.
(3) A person must comply with a requirement
under subsection (2).
Penalty: Fine not exceeding 10 penalty units.
(4) In this section -
"sell" means sell by wholesale or retail;
"trade in tree ferns" means to do one or
more of the following:
(a) collect, acquire or buy tree ferns;
(b) barter or exchange tree ferns;
(c) sell or agree to sell tree ferns;
(d) offer, display or expose tree ferns
for sale;
29
s. 46 No. Forest Practices Amendment 2004
(Administrative Reform)
(e) supply, send, forward, transport or
deliver tree ferns for sale;
(f) store or hold tree ferns;
(g) authorise, direct, cause or permit
a person to do a thing referred to
in paragraph (a), (b), (c), (d), (e) or
(f).
Section 19 amended (Authority to certify or refuse
to certify forest practices plan)
46. Section 19 of the Principal Act is amended as follows:
(a) by omitting subsection (1) and substituting the
following subsections:
(1) Where an application for the
certification of a forest practices plan is made
in accordance with section 18, the Authority
may -
(a) certify the plan; or
(b) refuse to certify the plan; or
(c) amend the plan in such manner as
it considers necessary and certify
the plan as so amended.
(1A) Without limiting the Authority's
power under subsection (1)(c), it may amend
the plan by doing one or more of the following:
(a) inserting conditions and
restrictions to be complied with in
the harvesting of timber, the
clearing of trees or the carrying
30
2004 Forest Practices Amendment No. s. 47
(Administrative Reform)
out of other forest practices
covered by the plan;
(b) inserting new specifications in the
plan or amending or omitting
specifications contained in the
plan as submitted;
(c) identifying, for the purposes of
section 25A(1), the discrete
operational phases of the plan.
(b) by omitting from subsection (2) "Board" twice
occurring and substituting "Authority";
(c) by omitting from subsection (3) "Board" and
substituting "Authority";
(d) by omitting from subsection (4) "Board" and
substituting "Authority";
(e) by omitting from subsection (5) "Board" and
substituting "Authority".
Section 21 amended (Contravention, &c., of certified
forest practices plan)
47. Section 21 of the Principal Act is amended as follows:
(a) by omitting from subsection (1) "Board" and
substituting "Authority";
(b) by omitting from subsection (1) "150 penalty
units" and substituting "1 000 penalty units";
(c) by omitting from subsection (1) "10 penalty
units" and substituting "50 penalty units";
(d) by omitting from subsection (2) "150 penalty
units" and substituting "1 000 penalty units";
31
s. 48 No. Forest Practices Amendment 2004
(Administrative Reform)
(e) by omitting from subsection (3) "50 penalty
units" and substituting "250 penalty units";
(f) by omitting from subsection (4) "he" and
substituting "he or she";
(g) by omitting from subsection (4) "him" and
substituting "him or her".
Section 22 amended (Variation of certified forest
practices plan at instigation of Authority)
48. Section 22 of the Principal Act is amended as follows:
(a) by omitting from subsection (1) "Board" and
substituting "Authority";
(b) by omitting from subsection (2) "Board" and
substituting "Authority";
(c) by omitting from subsection (3) "Board" twice
occurring and substituting "Authority".
Section 23 amended (Application for variation of
certified forest practices plan)
49. Section 23 of the Principal Act is amended as follows:
(a) by omitting from subsection (1) "Board" three
times occurring and substituting "Authority";
(b) by omitting from subsection (2)(a) "Board" and
substituting "Authority";
(c) by omitting from subsection (2)(c) "he has
given his approval" and substituting "he or she
has given approval";
32
2004 Forest Practices Amendment No. s. 50
(Administrative Reform)
(d) by omitting from subsection (3) "Board" twice
occurring and substituting "Authority".
Section 24 amended (Grant or refusal of application
for variation of certified forest practices plan)
50. Section 24 of the Principal Act is amended as follows:
(a) by omitting from subsection (1) "Board" and
substituting "Authority";
(b) by omitting from subsection (2) "Board" and
substituting "Authority".
Section 24A amended (Revocation of certified forest
practices plans)
51. Section 24A of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "Board" and
substituting "Authority";
(b) by omitting from subsection (2) "Board" and
substituting "Authority";
(c) by omitting from subsection (3) "Board" first
occurring and substituting "Authority";
(d) by omitting from subsection (3)(b) "Board" and
substituting "Authority".
Section 25 amended (Appeal in respect of forest
practices plan)
52. Section 25 of the Principal Act is amended as follows:
33
s. 53 No. Forest Practices Amendment 2004
(Administrative Reform)
(a) by omitting from subsection (1) "Board" first
occurring and substituting "Authority";
(b) by omitting from subsection (1)(a) "Board" and
substituting "Authority";
(c) by omitting from subsection (1)(b) "Board" and
substituting "Authority";
(d) by omitting from subsection (1)(c) "Board" and
substituting "Authority";
(e) by omitting from subsection (1)(d) "Board" and
substituting "Authority";
(f) by omitting from subsection (1)(e) "Board" and
substituting "Authority";
(g) by omitting from subsection (2)(a) "Board" and
substituting "Authority";
(h) by omitting from subsection (2)(b) "Board" and
substituting "Authority";
(i) by omitting from subsection (2)(c) "Board" and
substituting "Authority";
(j) by omitting from subsection (2)(d) "Board" and
substituting "Authority";
(k) by omitting from subsection (3) "Board" and
substituting "Authority";
(l) by omitting from subsection (4) "Board" twice
occurring and substituting "Authority".
Section 25A substituted
53. Section 25A of the Principal Act is repealed and the
following sections are substituted:
34
2004 Forest Practices Amendment No. s. 53
(Administrative Reform)
Forest practices plan compliance reports
25A. (1) The responsible person for a certified forest
practices plan must lodge an interim compliance
report with the Authority, in an approved form,
within 30 days after the completion of each discrete
operational phase of the forest practices authorised
to be carried out under the plan stating -
(a) whether or not the plan has been
complied with in respect of that discrete
operational phase; and
(b) such other particulars regarding that
discrete operational phase as the
Authority considers appropriate.
Penalty: Fine not exceeding 10 penalty units.
(2) The responsible person for a certified forest
practices plan must lodge a final compliance report
with the Authority, in an approved form, within 30
days after the expiration of the period during which
forest practices are authorised to be carried out
under the plan stating -
(a) whether or not the plan has been
complied with; and
(b) if the plan enables tree ferns to be
harvested, the number of tree ferns
harvested; and
(c) such other particulars as the Authority
considers appropriate.
Penalty: Fine not exceeding 10 penalty units.
(3) In this section -
35
s. 53 No. Forest Practices Amendment 2004
(Administrative Reform)
"approved form" means a form approved by
the Authority;
"responsible person", for a certified forest
practices plan, means the person who
applied for the certification of the plan
under section 18(1)(b).
Forest practices plan progress reports
25B. (1) This section applies if the Authority
considers on reasonable grounds that it should not
rely solely on reports under section 25A to monitor
compliance with a forest practices plan.
(2) The Authority, by notice in writing, may
require the responsible person for the forest
practices plan to give the Authority a progress
report on the plan within such reasonable time, of
not less than 21 days, as it specifies in the notice.
(3) The Authority's power under subsection (2)
is exercisable at any time in the period during which
forest practices are authorised to be carried out
under the forest practices plan.
(4) The responsible person for the forest
practices plan must comply with the notice under
subsection (2).
Penalty: Fine not exceeding 10 penalty units.
(5) The obligation referred to in subsection (4)
is in addition to the reporting obligations referred to
in section 25A.
(6) In this section -
"progress report" means a report, in a form
approved by the Authority, specifying
whether or not a forest practices plan
36
2004 Forest Practices Amendment No. s. 54
(Administrative Reform)
has been complied with up to a date or
during a period, or as regards a matter,
nominated by the Authority.
Appeal to Tribunal by person aggrieved by
notice under section 25B
25C. (1) The responsible person for a certified forest
practices plan may appeal to the Tribunal if the
person is aggrieved by a notice under section 25B(2).
(2) The appeal is to be instituted by -
(a) giving written notice to the registrar
within 14 days after the responsible
person is served with the notice; or
(b) in such other manner as may be
prescribed.
(3) At the hearing of the appeal, the Tribunal
may confirm, modify or cancel the notice under
section 25B(2).
(4) Pending the outcome of the appeal, the
notice under section 25B(2) is suspended in effect.
Section 27 amended (Three-year plans)
54. Section 27 of the Principal Act is amended as follows:
(a) by omitting from subsection (1) "Board" and
substituting "Authority";
(b) by omitting from subsection (1A) "Board" and
substituting "Authority";
(c) by omitting from subsection (3) "Board" three
times occurring and substituting "Authority";
37
s. 55 No. Forest Practices Amendment 2004
(Administrative Reform)
(d) by omitting from subsection (4) "Board" four
times occurring and substituting "Authority";
(e) by omitting from subsection (5) "Board" and
substituting "Authority";
(f) by omitting from subsection (6)(a) "Board" and
substituting "Authority".
Section 28 amended (Power of Authority to call
conference for purpose of varying three-year plan)
55. Section 28 of the Principal Act is amended as follows:
(a) by omitting from subsection (1) "Board" and
substituting "Authority";
(b) by omitting from subsection (2) "Board" and
substituting "Authority";
(c) by omitting from subsection (3) "Board" twice
occurring and substituting "Authority";
(d) by omitting from subsection (4) "Board" and
substituting "Authority";
(e) by omitting from subsection (4) "him" and
substituting "him or her";
(f) by omitting from subsection (5) "Board" and
substituting "Authority";
(g) by omitting from subsection (6) "him" and
substituting "him or her";
(h) by omitting from subsection (6) "Board, the
Board" and substituting "Authority, the
Authority";
38
2004 Forest Practices Amendment No. s. 56
(Administrative Reform)
(i) by omitting from subsection (6) "Board" third
occurring and substituting "Authority";
(j) by omitting from subsection (7) "Board" and
substituting "Authority".
Section 29 amended (Aggrieved person may appeal
to Tribunal)
56. Section 29 of the Principal Act is amended as follows:
(a) by omitting from subsection (1) "Board" and
substituting "Authority";
(b) by omitting from subsection (1)(a) "Board's"
and substituting "Authority's";
(c) by omitting from subsection (1)(b) "Board's"
and substituting "Authority's";
(d) by omitting from subsection (2)(a) "Board" and
substituting "Authority";
(e) by omitting from subsection (2)(a) "Board's"
and substituting "Authority's";
(f) by omitting from subsection (2)(b) "Board" and
substituting "Authority";
(g) by omitting from subsection (2)(b) "Board's"
and substituting "Authority's";
(h) by omitting from subsection (3) "Board's" and
substituting "Authority's";
(i) by omitting from subsection (3) "Board" and
substituting "Authority";
39
s. 57 No. Forest Practices Amendment 2004
(Administrative Reform)
(j) by omitting from subsection (4) "Board and
direct the Board" and substituting "Authority
and direct the Authority".
Section 30 amended (Issue of Forest Practices Code)
57. Section 30 of the Principal Act is amended as follows:
(a) by omitting from subsection (1) "Board" and
substituting "Authority";
(b) by omitting from subsection (2) "Board" and
substituting "Authority";
(c) by omitting from subsection (3)(b) "Board" and
substituting "Authority";
(d) by omitting from subsection (3)(c) "Board" and
substituting "Authority";
(e) by omitting from subsection (5) "Board" and
substituting "Authority";
(f) by omitting from subsection (6) "Board" and
substituting "Authority".
Section 32 amended (Amendment, &c., of Forest
Practices Code)
58. Section 32 of the Principal Act is amended as follows:
(a) by omitting from subsection (1) "Board" and
substituting "Authority";
(b) by omitting from subsection (2) "Board" and
substituting "Authority";
40
2004 Forest Practices Amendment No. s. 59
(Administrative Reform)
(c) by omitting from subsection (3) "Board" and
substituting "Authority";
(d) by omitting from subsection (4)(a) "Board's"
and substituting "Authority's";
(e) by omitting from subsection (4)(c)(i) "Board"
twice occurring and substituting "Authority";
(f) by omitting from subsection (4)(c)(ii) "Board"
and substituting "Authority";
(g) by omitting from subsection (4)(d) "Board" and
substituting "Authority".
Section 33 amended (Objection to amendment, &c.,
of Forest Practices Code)
59. Section 33 of the Principal Act is amended as follows:
(a) by omitting from subsection (1) "Board" three
times occurring and substituting "Authority";
(b) by omitting from subsection (2) "Board" first
occurring and substituting "Authority";
(c) by omitting from subsection (2)(b) "Board" and
substituting "Authority";
(d) by omitting from subsection (3) "Board" and
substituting "Authority".
Section 34 amended (Forest Practices Tribunal)
60. Section 34 of the Principal Act is amended as follows:
41
s. 60 No. Forest Practices Amendment 2004
(Administrative Reform)
(a) by omitting from subsection (3) "chairman"
twice occurring and substituting
"chairperson";
(b) by omitting from subsection (4) "chairman"
four times occurring and substituting
"chairperson";
(c) by omitting from subsection (4) "his" and
substituting "his or her";
(d) by omitting from subsection (5) "chairman"
three times occurring and substituting
"chairperson";
(e) by omitting from subsection (7) "chairman"
and substituting "chairperson";
(f) by omitting from subsection (7A) "chairman"
twice occurring and substituting
"chairperson";
(g) by omitting from subsection (8) "chairman
may nominate himself or the deputy chief
chairman" and substituting "chairperson may
nominate himself or herself or the deputy chief
chairperson";
(h) by omitting paragraph (a) from subsection (9)
and substituting the following paragraph:
(a) the chief chairperson nominates
himself or herself as a member of
a division, he or she is to act as
chairperson of the division; or
(i) by omitting from subsection (9)(b) "chief
chairman does not nominate himself" and
substituting "chief chairperson does not
nominate himself or herself";
42
2004 Forest Practices Amendment No. s. 61
(Administrative Reform)
(j) by omitting from subsection (9)(b) "chairman"
second occurring and substituting
"chairperson";
(k) by omitting from subsection (10) "chief
chairman and the deputy chief chairman" and
substituting "chief chairperson and deputy
chief chairperson".
Section 35 amended (Registry of the Forest
Practices Tribunal)
61. Section 35 of the Principal Act is amended as follows:
(a) by omitting from subsection (1) "Board" and
substituting "RMPAT";
(b) by omitting subsection (2) and substituting the
following subsections:
(2) For the purposes of subsection (1),
the Tribunal may arrange with the Secretary
of the responsible Department in relation to
the Resource Management and Planning
Appeal Tribunal Act 1993 for -
(a) a State Service officer or State
Service employee employed in that
Department for the purposes of
that Act to be the registrar of the
Registry of the Forest Practices
Tribunal; and
(b) such other administrative support
to be made available as may be
necessary for the establishment
and maintenance of the Registry
of the Forest Practices Tribunal.
43
s. 62 No. Forest Practices Amendment 2004
(Administrative Reform)
(3) In this section -
"RMPAT" means the Resource
Management and Planning Appeal
Tribunal.
Section 36 amended (Procedure on receipt of an
appeal)
62. Section 36 of the Principal Act is amended as follows:
(a) by omitting from subsection (1) "chairman"
and substituting "chairperson";
(b) by omitting from subsection (2) "chairman"
and substituting "chairperson";
(c) by omitting from subsection (3) "Board" and
substituting "Authority";
(d) by omitting from subsection (5) "him" and
substituting "the registrar";
(e) by omitting from subsection (5) "chairman"
and substituting "chairperson";
(f) by omitting from subsection (6) "chairman"
and substituting "chairperson";
(g) by omitting from subsection (6) "him" and
substituting "the chief chairperson";
(h) by omitting from subsection (6) "his" and
substituting "his or her";
(i) by omitting from subsection (7) "chairman"
and substituting "chairperson".
44
2004 Forest Practices Amendment No. s. 63
(Administrative Reform)
Section 37 amended (Procedure, &c., of Tribunal)
63. Section 37 of the Principal Act is amended as follows:
(a) by omitting from subsection (3) "chairman"
and substituting "chief chairperson";
(b) by omitting from subsection (3) "in his
possession or under his control" and
substituting "in the person's possession or
under the person's control";
(c) by omitting from subsection (4) "him" and
substituting "the person";
(d) by omitting from subsection (5) "chairman"
and substituting "chief chairperson";
(e) by omitting from subsection (16) "Board" and
substituting "Authority".
Section 37A amended (Forest Practices Advisory
Council)
64. Section 37A of the Principal Act is amended as
follows:
(a) by omitting paragraph (a) from subsection (2)
and substituting the following paragraphs:
(a) a person with knowledge or
expertise in sustainable forest
management; and
(ab) a person with knowledge of the
State's resource management and
planning system in relation to
municipal areas in which forestry
is a major land use, nominated by
45
s. 64 No. Forest Practices Amendment 2004
(Administrative Reform)
the Local Government Association
of Tasmania; and
(ac) a person with expertise in, and
operational experience of, forest
harvesting or forest contracting;
and
(b) by inserting in subsection (2)(e) ", jointly
nominated by the Forest Industries
Association of Tasmania and the Tasmanian
Country Sawmillers Federation" after
"processing";
(c) by inserting in subsection (2)(g) ", jointly
nominated by the Tasmanian Farmers and
Graziers Association and the Forest Industries
Association of Tasmania" after "land";
(d) by omitting from subsection (3) "referred to in
subsection (2)(b), (c), (d), (e), (f) and (g)";
(e) by inserting the following subsections after
subsection (4):
(5) If a body that is responsible for
making a membership nomination under
subsection (2) changes its name, the Governor,
by order, may amend that subsection by
substituting the body's new name.
(6) If a body that is responsible for
making a membership nomination under
subsection (2) ceases to exist, the Governor, by
order, may amend that subsection by
substituting the name of a body which the
Governor is satisfied substantially represents
the interests that were represented by the
first-mentioned body.
46
2004 Forest Practices Amendment No. s. 65
(Administrative Reform)
(7) If a body having sole responsibility
for nominating a person for appointment to
the Council under subsection (2) fails to
discharge that responsibility within such
reasonable period (of not less than 21 days) as
the Minister allows when calling for the
nomination, the Minister may make the
appointment without further reference to that
body.
(8) If bodies having joint responsibility
for nominating a person for appointment to
the Council under subsection (2) fail to
discharge that responsibility within such
reasonable period (of not less than 28 days) as
the Minister allows when calling for the
nomination, the Minister may -
(a) if the failure is collective, make
the appointment without further
reference to those bodies; or
(b) if the failure is due to an act or
omission of only one of those
bodies, accept and act on a
nomination from the other body.
Section 37C amended (Functions of Council)
65. Section 37C of the Principal Act is amended as
follows:
(a) by omitting from paragraph (a) "Board" and
substituting "Authority";
(b) by omitting from paragraph (b) "Board" and
substituting "Authority";
47
s. 66 No. Forest Practices Amendment 2004
(Administrative Reform)
(c) by omitting from paragraph (c) "Board" and
substituting "Authority".
Section 38 amended (Appointment of officers for
purposes of Act)
66. Section 38 of the Principal Act is amended as follows:
(a) by omitting from subsection (1) "Board" and
substituting "Authority";
(b) by omitting from subsection (2) "Board" twice
occurring and substituting "Authority";
(c) by inserting the following subsections after
subsection (2):
(2A) However, the Authority may refuse
to appoint a person nominated under
subsection (2) as an officer for the purposes of
this Act if the Authority, on reasonable
grounds, is not satisfied that the nominee is a
fit and proper person to be so appointed.
(2B) The matters that the Authority
may have regard to for the purposes of
subsection (2A) include the following:
(a) whether the nominee has been
convicted of an offence against the
Forestry Act 1920 or this Act;
(b) whether the nominee has been
convicted, in Tasmania or
elsewhere, of an offence involving
dishonesty;
(c) whether the nominee is physically
and mentally capable of
48
2004 Forest Practices Amendment No. s. 67
(Administrative Reform)
performing the functions of an
officer.
(2C) If subsection (2A) applies, the
Authority is to request, and the body corporate
concerned is to make, a fresh nomination.
(d) by omitting from subsection (4) "his" and
substituting "his or her";
(e) by omitting from subsection (4) "Board" and
substituting "Authority";
(f) by omitting from subsection (5) "his" and
substituting "his or her".
Section 39 amended (Forest practices officers)
67. Section 39 of the Principal Act is amended as follows:
(a) by omitting from subsection (1) "Board" first
occurring and substituting "Authority";
(b) by omitting from subsection (2) "Board" and
substituting "Authority";
(c) by inserting the following subsection after
subsection (2):
(2A) The revocation of a warrant
authorizing a person to be a forest practices
officer for the purposes of this Act also
revokes, in the case of a person referred to in
subsection (1)(b), the person's appointment as
an officer under section 38(2).
(d) by omitting from subsection (3) "Board" twice
occurring and substituting "Authority";
49
s. 68 No. Forest Practices Amendment 2004
(Administrative Reform)
(e) by omitting from subsection (4) "Board" and
substituting "Authority".
Section 40 amended (Powers, &c., of forest practices
officers)
68. Section 40 of the Principal Act is amended as follows:
(a) by omitting from subsection (1) "his warrant of
authorization as such, may at any reasonable
time and with such assistants as he" and
substituting "his or her warrant of
authorization, may at any reasonable time and
with such assistants as he or she";
(b) by omitting paragraph (b) from subsection (1)
and substituting the following paragraph:
(b) on any land that is a private
timber reserve to ensure that the
land is being used for establishing
forests, growing or harvesting
timber or other forest practices.
(c) by omitting subsection (2) and substituting the
following subsection:
(2) A forest practices officer, on
production of his or her warrant of
authorization, may at any reasonable time
request any person associated with forest
practices that are being (or in the officer's
opinion appear to have been) carried out on
any land referred to in subsection (1) to do one
or more of the following:
(a) answer any question relating to
those forest practices;
50
2004 Forest Practices Amendment No. s. 69
(Administrative Reform)
(b) produce any record or document
relating to those forest practices;
(c) answer any question relating to
any such record or document.
(d) by omitting from subsection (3)(a) "him" and
substituting "the forest practices officer";
(e) by omitting from subsection (4) "his" and
substituting "his or her";
(f) by omitting from subsection (4) "he" three
times occurring and substituting "he or she";
(g) by omitting from subsection (5) "him or make
him" and substituting "the person or make
him or her";
(h) by omitting from subsection (5) "him shall not
be admissible against him" and substituting
"the person is not admissible against him or
her".
Section 41 amended (Failure to comply with
provisions of certified forest practices plan or Act)
69. Section 41 of the Principal Act is amended as follows:
(a) by omitting from subsection (1) "he" and
substituting ", he or she";
(b) by omitting from subsection (1A) "A request
under subsection (1)" and substituting "The
request, if it is in respect of the provisions of a
certified forest practices plan,";
(c) by omitting from subsection (1A)(a) "relevant
certified forest practices";
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s. 69 No. Forest Practices Amendment 2004
(Administrative Reform)
(d) by omitting from subsection (1A)(b) "relevant
certified forest practices";
(e) by omitting subsection (2) and substituting the
following subsection:
(2) If the forest practices officer who
makes the request later considers (whether
from a further inspection of the relevant land
or from other evidence) that the request has
not been complied with within a reasonable
time, he or she may, by notice in writing
personally served on the person apparently in
charge of the forest practices carried out on
that land, direct that person to do such one or
more of the following as may be appropriate in
the circumstances:
(a) cease the forest practices specified
in the notice;
(b) where in the opinion of the officer
it is practicable and economically
feasible to do so, repair any
damage caused by the forest
practices specified in the notice in
the manner and within the period
specified in the notice;
(c) carry out, within the period
specified in the notice, such other
work as may be specified in the
notice;
(d) take, within the period specified in
the notice, such actions as may be
specified in the notice to ensure
that the provisions of this Act are
complied with.
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2004 Forest Practices Amendment No. s. 70
(Administrative Reform)
(f) by inserting in subsection (6)(b) "or take the
action" after "works";
(g) by inserting in subsection (8) "or taking any
action" after "work".
Section 42 amended (Appeal to Tribunal by person
aggrieved by notice served under section 41(2))
70. Section 42 of the Principal Act is amended as follows:
(a) by omitting from subsection (1) "him" twice
occurring and substituting "him or her";
(b) by inserting in subsection (6)(b) "or take the
action" after "works";
(c) by inserting in subsection (8) "or taking any
action" after "work".
Section 43 amended (Delegation by Authority)
71. Section 43 of the Principal Act is amended as follows:
(a) by omitting from subsection (1) "Board" and
substituting "Authority";
(b) by omitting from subsection (2) "Board" and
substituting "Authority";
(c) by omitting from subsection (2) "Board's" and
substituting "Authority's";
(d) by omitting from subsection (2) "he" and
substituting "he or she";
(e) by inserting the following subsections after
subsection (2):
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s. 72 No. Forest Practices Amendment 2004
(Administrative Reform)
(3) A delegation under subsection (2)
may be unconditional or, if the instrument of
delegation so provides, conditional.
(4) If the delegation under subsection (2)
is conditional, the delegate is, in the
performance and exercise of the delegated
functions and powers, subject to the direction
of the chief forest practices officer.
Section 44 amended (Costs and expenses of Act)
72. Section 44 of the Principal Act is amended as follows:
(a) by omitting from subsection (1)(h) "Board's"
first occurring and substituting "Authority's";
(b) by omitting from subsection (1)(h) "Board's"
second occurring and substituting
"Authority's";
(c) by omitting from subsection (2) "Board's" and
substituting "Authority's".
Section 45 amended (False or misleading
statements)
73. Section 45(1) of the Principal Act is amended as
follows:
(a) by omitting from paragraph (b) "Board" and
substituting "Authority";
(b) by omitting from paragraph (c) "him pursuant
to this Act by the Board" and substituting
"him or her pursuant to this Act by the
Authority";
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2004 Forest Practices Amendment No. s. 74
(Administrative Reform)
(c) by omitting from paragraph (d) "Board" and
substituting "Authority".
Section 45A amended (Seal of Authority)
74. Section 45A of the Principal Act is amended as
follows:
(a) by omitting from subsection (1) "Board" first
occurring and substituting "Authority";
(b) by omitting from subsection (2) "Board" and
substituting "Authority".
Section 45B amended ( Land Acquisition Act 1993
does not apply)
75. Section 45B of the Principal Act is amended by
omitting "Board" and substituting "Authority".
Section 46 amended (Service of notices and other
documents)
76. Section 46(2) of the Principal Act is amended as
follows:
(a) by omitting "Board" first occurring and
substituting "Authority";
(b) by omitting from paragraph (a) "Board" and
substituting "Authority".
Section 47 amended (Proceedings and prosecutions)
77. Section 47 of the Principal Act is amended as follows:
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s. 78 No. Forest Practices Amendment 2004
(Administrative Reform)
(a) by omitting from subsection (1) "12 months"
and substituting "3 years";
(b) by omitting from subsection (2)(c) "Board" and
substituting "Authority";
(c) by omitting from subsection (3) "Board" and
substituting "Authority".
Section 47A amended (Recovery of costs for loss or
damage)
78. Section 47A of the Principal Act is amended by
omitting "section 17(4), 17(5), 21(1), 21(3), 41(5) or 42(5)"
and substituting "section 17(4), 17(5), 18B, 21(1), 21(3),
41(5) or 42(5)".
Section 47B substituted
79. Section 47B of the Principal Act is repealed and the
following section is substituted:
Alternative to prosecution
47B. (1) If the Authority is satisfied that an offence
under section 17(4), 17(5), 18B, 21(1), 21(3), 41(5)
or 42(5) has been committed, it may, on payment of
a prescribed fine by the alleged offender -
(a) cause any proceedings in respect of the
alleged offence to be waived or
discontinued; and
(b) if the alleged offence involved the
unlawful harvesting of timber, allow the
alleged offender or another person
specified by the Authority to retain the
whole or any part of that timber.
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2004 Forest Practices Amendment No. s. 80
(Administrative Reform)
(2) For the purposes of this section, the
Authority is to establish and maintain a fund.
(3) Prescribed fines are to be paid into the
fund and are, for the purposes of section 44(2), taken
to be at the disposal of the Authority.
(4) In this section -
"prescribed fine" means a fine of -
(a) such amount as the Authority
determines is equal, or approximately
equal, to twice the amount required to
make good the damage done or any loss
incurred by the commission of the
relevant offence; or
(b) if the relevant offence is of a particularly
serious kind or it will not be possible or
practicable to make good the damage
done or any loss incurred by the
commission of the relevant offence, such
amount as the Authority determines will
constitute an appropriate sanction and
deterrent in the circumstances.
Section 47C amended (Vicarious liability)
80. Section 47C(1) of the Principal Act is amended by
inserting " 18B," after "(5),".
Section 47D amended (Salvage of illegally harvested
timber)
81. Section 47D of the Principal Act is amended as
follows:
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s. 82 No. Forest Practices Amendment 2004
(Administrative Reform)
(a) by inserting in subsection (1) "section 18B,"
after "(5),";
(b) by omitting from subsection (1) "Board" and
substituting "Authority";
(c) by omitting from subsection (2) "Board" first
occurring and substituting "Authority";
(d) by omitting from subsection (2)(a)(ii) "Board"
and substituting "Authority";
(e) by omitting from subsection (2)(b) "Board" and
substituting "Authority";
(f) by omitting from subsection (3) "Board" and
substituting "Authority".
Section 50 amended (Regulations)
82. Section 50 of the Principal Act is amended as follows:
(a) by omitting from subsection (1) "Board" and
substituting "Authority";
(b) by omitting from subsection (2) "Board" and
substituting "Authority".
Schedule 2 amended (Provisions with Respect to
Membership of Forest Practices Tribunal)
83. Schedule 2 to the Principal Act is amended as follows:
(a) by omitting from clause 1(1) "the instrument
of his" and substituting "the member's
instrument of";
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2004 Forest Practices Amendment No. s. 83
(Administrative Reform)
(b) by omitting from clause 1(2) "instrument of his
re-appointment" and substituting "member's
instrument of re-appointment";
(c) by omitting from clause 2(1) "his time to the
duties of his office, that provision shall not
operate to disqualify him" and substituting
"his or her time to the duties of his or her
office, that provision does not operate to
disqualify him or her";
(d) by omitting from clause 3 "his" twice occurring
and substituting "his or her";
(e) by omitting from clause 4(1)(a) "he" and
substituting "he or she";
(f) by omitting paragraph (b) from clause 4(1) and
substituting the following paragraph:
(b) if he or she becomes bankrupt,
applies to take the benefit of any
law for the relief of bankrupt or
insolvent debtors, compounds with
his or her creditors, or makes an
assignment of his or her
remuneration or estate for their
benefit;
(g) by omitting from clause 4(1)(d) "he" three
times occurring and substituting "he or she";
(h) by omitting from clause 4(1)(e) "he" and
substituting "he or she";
(i) by omitting paragraph (f) from clause 4(1) and
substituting the following paragraph:
(f) if he or she resigns from office by
writing under his or her hand
addressed to the Governor and the
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s. 84 No. Forest Practices Amendment 2004
(Administrative Reform)
Governor accepts the resignation;
or
(j) by omitting from clause 4(1)(g) "he" and
substituting "he or she";
(k) by omitting from clause 5 "his" and
substituting "his or her".
Schedule 3 amended (Provisions with Respect to
Membership of Board)
84. Schedule 3 to the Principal Act is amended as follows:
(a) by omitting from the heading
"MEMBERSHIP" and substituting
"DIRECTORS";
(b) by omitting the definitions of "appointed
member" and "member" from clause 1 and
substituting the following definitions:
"appointed director" means a director
of the Board other than the chief
forest practices officer;
"director" means a director of the
Board and includes the
chairperson.
(c) by omitting from clause 1A "member" and
substituting "director";
(d) by omitting from clause 1A "member's" and
substituting "director's";
(e) by omitting from clause 2(a) "member" and
substituting "director";
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2004 Forest Practices Amendment No. s. 84
(Administrative Reform)
(f) by omitting from clause 2(b) "member" and
substituting "director";
(g) by omitting from clause 2A "member if the
member" and substituting "director if the
director";
(h) by omitting from clause 2A(b) "member" and
substituting "director";
(i) by omitting from clause 2A(c) "member's"
twice occurring and substituting "director's";
(j) by omitting from clause 2B "member" and
substituting "director";
(k) by omitting from clause 3(1) "member" and
substituting "director";
(l) by omitting from clause 3(2) "member" and
substituting "director";
(m) by omitting from clause 4(2) "member" and
substituting "director";
(n) by omitting from clause 5(1)(a) "member"
twice occurring and substituting "director";
(o) by omitting from clause 5(1)(b) "member's"
and substituting "director's";
(p) by omitting from clause 5(1) "member" third
occurring and substituting "director";
(q) by omitting from clause 5(1) "member's"
second occurring and substituting "director's";
(r) by omitting from clause 5(2) "member" and
substituting "director";
(s) by omitting from clause 5(3) "member" twice
occurring and substituting "director".
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s. 85 No. Forest Practices Amendment 2004
(Administrative Reform)
Schedule 4 amended (Provisions with Respect to
Meetings of Board)
85. Schedule 4 to the Principal Act is amended as follows:
(a) by omitting clause 1 and substituting the
following clause:
Interpretation
1. In this Schedule -
"director" means a director of the
Board and, unless the contrary
intention is shown, includes the
chairperson.
(b) by omitting from clause 2 "members" and
substituting "directors";
(c) by omitting from clause 3(1) "Three members"
and substituting "Four directors";
(d) by omitting from clause 3(3) "members" and
substituting "directors";
(e) by inserting in clause 4(2) "the deputy
chairperson or, if a deputy chairperson has not
been elected or is not present," after "Board,";
(f) by omitting from clause 4(2) "member" and
substituting "director";
(g) by omitting from clause 4(2) "members" and
substituting "directors".
Schedule 5 amended (Provisions with Respect to
Membership of Council)
86. Schedule 5 to the Principal Act is amended as follows:
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2004 Forest Practices Amendment No. s. 87
(Administrative Reform)
(a) by omitting clause 1 and substituting the
following clause:
Interpretation
1. In this Schedule, "member" means a
member of the Council.
(b) by omitting from clause 2 "An appointed
member" and substituting "A member";
(c) by omitting from clause 4 "an appointed
member" and substituting "a member";
(d) by omitting from clause 5 "An appointed
member" and substituting "A member";
(e) by omitting subclause (2) from clause 6 and
substituting the following subclause:
(2) All acts and proceedings of the
Council or of a person acting under a direction
of the Council are, despite the subsequent
discovery of a defect in the appointment of a
member or that any person was disqualified
from acting as, or incapable of being, a
member, as valid as if the member had been
duly appointed and was qualified to act as, or
capable of being, a member, and as if the
Council had been fully constituted.
Schedule 6 amended (Provisions with Respect to
Meetings of Council)
87. Clause 3(1) of Schedule 6 to the Principal Act is
amended by omitting "Four members" and substituting
"Five members".
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s. 88 No. Forest Practices Amendment 2004
(Administrative Reform)
Schedule 7 amended (Objective of the Forest
Practices System of Tasmania)
88. Schedule 7 to the Principal Act is amended by
inserting after paragraph (e) the following paragraph:
(ea) an emphasis on research, review and
continuing improvement; and
64 Government Printer, Tasmania