AustLII Tasmanian Consolidated Acts

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FOREST PRACTICES ACT 1985 - SECT 3

3. Interpretation

(1) In this Act, unless the contrary intention appears –
Authority means the Forest Practices Authority;
Board means the Board of Directors of the Authority;
certified forest practices plan means a forest practices plan certified by the Authority and in force under this Act and includes a forest practices plan varied in accordance with Part III;
chief chairperson means the chief chairperson of the Tribunal;
chief forest practices officer means the chief forest practices officer appointed under section 4J;
clearing of trees means the removal of trees by –

(a) clearing, cutting, pushing or otherwise removing; or

(b) destroying the trees in any way;

Council means the Forest Practices Advisory Council established under section 37A;
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 phase, stage or component of the plan;
division means a division of the Tribunal;
exceptional circumstances, that may justify the clearance and conversion of a threatened native vegetation community, include the need to do one or more of the following:

(a) ensure the physical safety of an owner of land or the owner's relatives or employees;

(b) remove or reduce a bushfire risk;

(c) respond to a threat to the State's biosecurity;

(d) protect a rare, vulnerable or endangered species of flora or fauna;

(e) discharge a statutory obligation or comply with an order of a court;

financial year means the period of 12 months ending on 30 June in any year;
forest means an area containing trees;
forest practices means –

(a) the processes involved in establishing forests, growing or harvesting timber, clearing trees or clearing and converting threatened native vegetation communities; and

(b) works (including the construction of roads and the development and operation of quarries) connected with establishing forests, growing or harvesting timber or clearing trees;

Forest Practices Code means the Forest Practices Code issued by the Authority pursuant to section 30 and in force under this Act and includes any amendments that may from time to time be made to that Code;
forest practices officer means a forest practices officer referred to in section 39;
forest practices plan means a plan referred to in section 18;
Forestry corporation means the corporation of that name continued by section 6 of the Forest Management Act 2013;
forestry right means any forestry right continued under the Forest Management Act 2013;
harvest, used in relation to timber, means to cut and remove that timber from a forest;
native vegetation means vegetation of a species that existed in Tasmania, on land, before European settlement;
owner of land means –

(aa) in the case of Crown land that is permanent timber production zone land within the meaning of the Forest Management Act 2013 – the Forestry corporation;

(a) in the case of land held in fee simple– the person in whom the estate of fee simple is vested or, if the land is general law land subject to mortgage, the person having the equity of redemption in that land;

(b) in the case of land held under a tenancy for life – the person who is the life tenant;

(c) in the case of land held under a lease for a term of not less than 99 years – the person who is the lessee of the land; or

(d) in the case of land held under any other interest declared by the regulations to be an interest for the purposes of this definition – the person who is the holder of the land under that interest;

Private Forests Tasmania means the body of that name established under section 4 of the Private Forests Act 1994;
private timber reserve means land that has been declared as a private timber reserve under section 11;
process, used in relation to timber, means to pulp, chip, cut, or saw timber;
registrar means the registrar of the Registry of the Forest Practices Tribunal;
the regulations means the regulations made and in force under this Act;
threatened native vegetation community has the same meaning as in the Nature Conservation Act 2002;
timber includes the trunk, branch and any other part of a tree or fallen tree, whether or not it is cut up, sawn, hewn, split or otherwise dealt with;
timber processor means a person who processes or harvests timber for the purpose of –

(a) producing logs for export; or

(b) producing for sale any one or more of the following products:

(i) fuel wood;

(ii) poles, piles or posts;

(iii) timber;

(iv) veneer;

(v) wood chips;

(vi) wood pulp;

(vii) tree ferns;

tree fern means a plant of the species Dicksonia antarctica;
trees means –

(a) any woody plants with a height or potential height of 5 metres or more, whether or not living, dead, standing or fallen, that are –

(i) native to Tasmania; or

(ii) introduced into Tasmania and used for the processing or harvesting of timber; and

(b) tree ferns;

Tribunal means the Forest Practices Tribunal established under section 34.
(2) A reference in this Act to provisions, in relation to a forest practices plan, includes a reference to any condition, restriction, or specification contained or referred to in that plan.



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