AustLII Tasmanian Consolidated Acts

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FOREST PRACTICES ACT 1985 - SECT 13

13. Revocation of private timber reserve at instigation of Authority

(1) Where the Authority is satisfied that a private timber reserve or part of a private timber reserve is not being used for establishing forests, or growing or harvesting timber in accordance with the Forest Practices Code, or is not being used for activities which the Authority considers to be compatible with establishing forests, or growing or harvesting timber, it may, by notice in writing served on the owner of the reserve, inform him or her that it intends to recommend to the Governor that the reserve or part of the reserve, as the case may be, shall cease to be, or cease to form part of, a private timber reserve.
(2) The owner of a private timber reserve referred to in subsection (1) may, if aggrieved by the intention of the Authority to make a recommendation referred to in that subsection, appeal to the Tribunal.
(3) An appeal under subsection (2) shall be instituted by giving written notice to the registrar within a period of 14 days after the service of the notice referred to in subsection (1).
(4) In the determination of an appeal under subsection (2), the Tribunal, unless it dismisses the appeal, may direct the Authority to take such action as it considers necessary.
(5) Where–

(a) no appeal is lodged under subsection (2) within the period specified in subsection (3) in respect of the Authority's intention to recommend to the Governor that the private timber reserve or part of the private timber reserve referred to in subsection (1) shall cease to be, or cease to form part of, a private timber reserve; or

(b) an appeal is lodged under subsection (2) within the period specified in subsection (3) and the Tribunal dismisses the appeal–

the Authority shall recommend to the Governor that the reserve or part of the reserve, as the case may be, shall cease to be, or cease to form part of, a private timber reserve.
(6) The Governor may, on the recommendation of the Authority, by notice published in the Gazette, declare that the private timber reserve or part of the private timber reserve, as the case may be, specified in the notice shall cease to be, or cease to form part of, a private timber reserve.
(7) The Authority shall cause a copy of a notice under subsection (6) to be sent to the local authority exercising jurisdiction over the land to which the notice relates and any local authority exercising jurisdiction over any land adjacent to that land.
(8) A notice under subsection (6) is not a statutory rule within the meaning of the Rules Publication Act 1953.



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