AustLII Tasmanian Consolidated Acts

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FOREST PRACTICES ACT 1985 - SECT 17

PART III - Plans Division 1 - Forest practices plans 17. Restrictions on harvesting timber, &c.

(1) For the purposes of this section, a person is taken to be a responsible person in relation to any land if that person –

(a) is the owner of that land and has not assigned his or her responsibilities under this section to another person in accordance with subsection (2); or

(b) is a person to whom the owner's responsibilities under this section have been assigned in accordance with subsection (2); or

(c) is a timber processor having the immediate right, whether by virtue of a contract or otherwise, to process timber harvested on that land; or

(d) carries out, or causes to be carried out, forest practices on that land.

(2) An owner of land may enter into an agreement in writing under seal with any person under which that person is assigned the owner's responsibilities under this section.
(3) .  .  .  .  .  .  .  .  
(4) A person who is a responsible person in relation to any land must not carry out, or cause or allow the carrying out of, an activity of the following kind on that land unless a certified forest practices plan exists in respect of that land when that activity is being carried out:

(a) the establishment of forests;

(b) the harvesting of timber;

(ba) the clearing of trees;

(bb) the clearance and conversion of a threatened native vegetation community;

(c) the construction of a road in connection with an activity referred to in paragraph (a), (b) or (ba);

(d) the operation of a quarry in connection with an activity referred to in paragraph (a), (b) or (ba).

Penalty:

Fine not exceeding 1 000 penalty units.
(5) A timber processor must not purchase or acquire timber that has been harvested from land in respect of which there is not in existence at the time of the harvesting a certified forest practices plan.

Penalty:

Fine not exceeding 1 000 penalty units.
(5A) A person must not harvest tree ferns unless –

(a) the tree ferns are harvested in accordance with a forest practices plan that enables the harvesting of tree ferns; and

(b) each tree fern has a tag referred to in section 18A affixed to its stem before removal from the harvesting area as identified in the forest practices plan.

Penalty:

Fine not exceeding 1 000 penalty units.
(5B) A person must not purchase or acquire native vegetation that has been obtained through the clearance and conversion of a threatened native vegetation community on land in respect of which there is not in existence, at the beginning of that clearance and conversion process, a certified forest practices plan.

Penalty:

Fine not exceeding 1 000 penalty units.
(6) Subsections (4), (5), (5A) and (5B) do not apply in prescribed circumstances.



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