AustLII Tasmanian Consolidated Acts

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FOREST PRACTICES ACT 1985 - SECT 41

41. Failure to comply with provisions of certified forest practices plan or Act

(1) Where in the opinion of a forest practices officer the provisions of a certified forest practices plan are not being complied with on any land to which the plan relates or the provisions of this Act have not been complied with, he or she may, either orally or in writing, request the person apparently in charge of the forest practices carried out on that land to comply with the provisions of the certified forest practices plan or the provisions of this Act, as the case may be.
(1A) The request, if it is in respect of the provisions of a certified forest practices plan, may be made –

(a) at any time while the plan is in force; or

(b) at any time in the 12-month period immediately after the day on which the plan ceases to be in force.

(2) If the forest practices officer who makes the request later considers (whether from a further inspection of the relevant land or from other evidence) that the request has not been complied with within a reasonable time, he or she may, by notice in writing personally served on the person apparently in charge of the forest practices carried out on that land, direct that person to do such one or more of the following as may be appropriate in the circumstances:

(a) cease the forest practices specified in the notice;

(b) where in the opinion of the officer it is practicable and economically feasible to do so, repair any damage caused by the forest practices specified in the notice in the manner and within the period specified in the notice;

(c) carry out, within the period specified in the notice, such other work as may be specified in the notice;

(d) take, within the period specified in the notice, such actions as may be specified in the notice to ensure that the provisions of this Act are complied with.

(3) A notice under subsection (2) shall, subject to section 42(3), take effect on such date as is specified in the notice, being a date not earlier than 2 days after the service of the notice on the person apparently in charge of the forest practices.
(4) A person who is served with a notice under subsection (2) and who has not appealed to the Tribunal in respect of the notice pursuant to section 42(1) shall comply with the directions contained in the notice in the manner and within the period specified in the notice.
(5) A person referred to in subsection (4) who fails to comply with the directions contained in a notice under subsection (2) in the manner and within the period specified in the notice is guilty of an offence and is liable on summary conviction to a fine not exceeding 100 penalty units.
(5A) .  .  .  .  .  .  .  .  
(6) Where a person referred to in subsection (4) fails to comply with a notice under subsection (2) in the manner and within the period specified in the notice, the chief forest practices officer may request any person to do either or both of the following:

(a) repair the damage referred to in subsection (2)(b);

(b) carry out the works or take the action specified in the notice.

(7) A person who complies with a request under subsection (6) may, for that purpose, enter and remain on the land to which the notice referred to in that subsection relates.
(8) The costs and expenses incurred by a person in repairing any damage or carrying out any work or taking any action in compliance with a request made to that person by the chief forest practices officer under subsection (6) may be recovered in a court of competent jurisdiction as a debt due to that person from the person who failed to comply with the notice referred to in that subsection.



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