AustLII Tasmanian Consolidated Acts

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FOREST PRACTICES ACT 1985 - SECT 39

39. Forest practices officers

(1) Subject to this section, the Authority–

(a) may, in the case of a person for the time being appointed as an officer under section 38(1); and

(b) shall, in the case of a person for the time being appointed as an officer under section 38(2)

by warrant signed by the chairperson of the Board authorize the person to be a forest practices officer for the purposes of this Act.
(2) The Authority may, by notice in writing, revoke a warrant authorizing a person to be a forest practices officer for the purpose of this Act and, upon service of the notice on that person, the authorization is revoked.
(2A) The revocation of a warrant authorizing a person to be a forest practices officer for the purposes of this Act also revokes, in the case of a person referred to in subsection (1)(b), the person's appointment as an officer under section 38(2).
(3) For the purposes of subsection (2), the Authority may at any time revoke the authorization of a person to be a forest practices officer for any reason it considers sufficient and, without limiting the generality of this, the Authority may revoke any such authorization on the grounds that the person concerned–

(a) has been negligent or not diligent in performing the duties and exercising the powers of a forest practices officer; or

(b) has been convicted of an offence against the Forest Management Act 2013 or this Act; or

(c) has been convicted, in Tasmania or elsewhere, of an offence involving dishonesty; or

(d) is physically or mentally incapable of adequately performing the duties or exercising the powers of a forest practices officer.

(4) A forest practices officer may at any time, by notice in writing to the Authority, surrender his or her authorization as such officer.
(5) A forest practices officer does not incur any personal liability for any act done or purported or omitted to be done by that officer acting as such in good faith under this Act.



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