AustLII Tasmanian Consolidated Acts

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FOREST PRACTICES ACT 1985 - SECT 34

PART V - Forest Practices Tribunal 34. Forest Practices Tribunal

(1) For the purposes of this Act there shall be established a Tribunal to be known as the Forest Practices Tribunal.
(2) The Tribunal shall be appointed by the Governor and shall consist of –

(a) such number of Australian lawyers as the Governor considers necessary who have practised as Australian legal practitioners for not less than 5 years;

(b) such number of persons as the Governor considers necessary who possess a sound and practical knowledge of forestry, road construction in forests, and harvesting of timber; and

(c) such number of persons as the Governor considers necessary who possess tertiary qualifications in the sciences appropriate to land and forest management and have had substantial practical experience in those sciences; and

(d) such number of persons as the Governor considers necessary who possess a sound knowledge of, and have at least 5 years practical experience in, agriculture and forestry; and

(e) such number of persons as the Governor considers necessary who possess a sound knowledge of, and have at least 5 years practical experience in, conservation science.

(2A) A person is not qualified to be appointed as a member of the Tribunal under subsection (2)(d) or (e) unless –

(a) in the case of subsection (2)(d)– that person has been jointly nominated for membership by the Tasmanian Farmers and Graziers Association and Private Forests Tasmania; and

(b) in the case of subsection (2)(e)– that person has been nominated for membership by the Minister administering the Nature Conservation Act 2002.

(2B) If a body that is responsible for making a membership nomination under subsection (2A)(a) changes its name, the Governor, by order, may amend that subsection by substituting the body's new name.
(2C) If a body that is responsible for making a membership nomination under subsection (2A)(a) 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.
(3) The Governor may appoint one of the persons referred to in subsection (2)(a) to be chief chairperson of the Tribunal and another of the persons referred to in subsection (2)(a) to be deputy chief chairperson of the Tribunal.
(4) The deputy chief chairperson shall act as chief chairperson during any period when the chief chairperson is absent or unable, whether on account of illness or otherwise, to perform the duties of his or her office, or when the office of chief chairperson is vacant.
(5) The deputy chief chairperson shall, while acting as chief chairperson, have all the powers and functions of the chief chairperson.
(6) The jurisdiction, powers, and duties conferred or imposed on the Tribunal by this Act shall be exercised or performed by divisions of the Tribunal.
(7) Except as provided by subsection (7A), a division shall consist of 3 persons nominated by the chief chairperson from the panel of persons referred to in subsection (2), of whom–

(a) one shall be a person referred to in subsection (2)(a);

(b) one shall be a person referred to in subsection (2)(b); and

(c) one shall be a person referred to in subsection (2)(c).

(7A) If, in the opinion of the chief chairperson, an appeal under section 25 will, or is likely to, involve any question relating to the protection of threatened species of flora or fauna or the protection of threatened native vegetation communities from clearance and conversion, the division that hears and determines the appeal is to consist of 3 persons nominated by the chief chairperson from the panel of persons referred to in subsection (2), of whom–

(a) one is to be a person referred to in subsection (2)(a); and

(b) one is to be a person referred to in subsection (2)(d); and

(c) one is to be a person referred to in subsection (2)(e).

(8) The chief chairperson may nominate himself or herself or the deputy chief chairperson as the member of a division required to be nominated from the persons referred to in subsection (2)(a).
(9) Where –

(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

(b) the chief chairperson does not nominate himself or herself as a member of a division, the member of the division nominated from the persons referred to in subsection (2)(a) shall act as chairperson of the division.

(10) The chief chairperson and deputy chief chairperson are entitled to be paid such remuneration (including travelling and subsistence allowances) as the Governor may from time to time determine in respect of them.
(11) The members of a division are entitled to be paid such remuneration (including travelling and subsistence allowances) as the Governor may from time to time determine in respect of them.
(12) Schedule 2 has effect with respect to membership of the Tribunal.



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