AustLII Tasmanian Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FOREST PRACTICES ACT 1985 - SECT 14

14. Revocation of private timber reserve on application of owner of reserve

(1) The owner of a private timber reserve may make application to the Authority for the reserve or such part of the reserve as the owner specifies in the application to cease to be, or cease to form part of, a private timber reserve.
(2) An application under subsection (1) shall –

(a) be in writing in a form approved by the Authority;

(b) contain a description of the private timber reserve or part of the private timber reserve that the applicant wishes to cease to be, or cease to form part of, a private timber reserve; and

(c) specify the reasons why the application is made.

(3) An applicant under subsection (1) shall, if required by the Authority to do so, provide such further particulars in relation to the application as the Authority requires.
(4) Subject to subsection (5), the Authority shall grant an application under subsection (1) unless–

(a) Private Forests Tasmania has rendered financial assistance to the applicant by way of a grant or loan under the Private Forests Act 1994, or any other person has rendered financial assistance to the applicant, for the development or maintenance of the private timber reserve to which the application relates; or

(b) the private timber reserve to which the application relates has been recognized and treated as such for the purposes of any Act prescribed in the regulations, or the prescribed provisions of any Act prescribed in the regulations.

(5) Subsection (4)(a) does not apply if the financial assistance that has been rendered to the applicant has been repaid to Private Forests Tasmania or, as the case may be, any other person who rendered the financial assistance.
(6) The Authority shall, by notice in writing served on the applicant, inform him or her of its decision and, in the case of a refusal to grant an application, shall inform the applicant of the reasons for the refusal.
(7) Where a person who made an application under subsection (1) is aggrieved by the refusal of the Authority to grant the person's application, he or she may appeal to the Tribunal.
(8) An appeal under subsection (7) 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 (6).
(9) In the determination of an appeal under subsection (7), the Tribunal, unless it dismisses the appeal, may quash the decision of the Authority and direct the Authority to take such action as it considers necessary in respect of the application.
(10) Where–

(a) the Authority grants an application under subsection (1); or

(b) the Authority refuses to grant an application under subsection (1) and the applicant appeals to the Tribunal pursuant to subsection (7) within the period specified in subsection (8) in respect of the refusal of the Authority to grant the application and the Tribunal quashes the decision of the Authority and directs the Authority to grant the application–

the Authority shall recommend to the Governor that the private timber reserve or part of the private timber reserve in respect of which the application relates, as the case may be, shall cease to be, or cease to form part of, a private timber reserve.
(11) 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 specified in the notice shall cease to be, or cease to form part of, as the case may be, a private timber reserve.
(12) The Authority shall cause a copy of a notice under subsection (11) 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.
(13) A notice under subsection (11) is not a statutory rule within the meaning of the Rules Publication Act 1953.



[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]