AustLII Tasmanian Consolidated Acts

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FOREST PRACTICES ACT 1985 - SECT 7

Objections to declaration of land as private timber reserve

(1)  Any prescribed person who wishes to object to the granting of an application for the declaration of any land as a private timber reserve may, at any time before the expiration of the period referred to in the notice relating to the application published in accordance with section 6 , lodge with the Authority an objection in writing to the granting of the application on –
(a) in the case of a person referred to in paragraph (d) of the definition of  prescribed person in subsection (4) , the ground specified in paragraph (f) of section 8(2) as it applies to that person; and
(b) in any other case, a ground specified in paragraph (a) , (b) , (c) , (d) or (e) of section 8(2) .
(2)  An objection lodged under subsection (1) may not be entertained by the Authority, unless–
(a) it specifies the ground for the objection;
(ab) in the case of an objection by a person referred to in paragraph (d) of the definition of  prescribed person in subsection (4) , the ground for the objection is limited to the ground specified in paragraph (f) of section 8(2) as it applies to that person; and
(b) in any other case, the ground for the objection is a ground specified in paragraph (a) , (b) , (c) , (d) or (e) of section 8(2) ; and
(c) the objector has lodged the objection with the Authority and has served a copy of the objection on the applicant before the expiration of the period referred to in subsection (1) .
(3)  A person who made an application under section 5 may, within a period of 14 days after the date on which the copy of an objection is served on him or her, submit in writing to the Authority any representations with respect to his or her application and any objection to that application.
(4)  For the purposes of this section –
prescribed person means –
(a) a local authority exercising jurisdiction over the land, or any part of the land, to which the application relates, or over any land adjacent to that land; or
(b) a State authority; or
(c) a person who has a legal or equitable interest in the land, or in timber on the land, to which the application relates; or
(d) a person who is the owner of land that adjoins, or is within 100 metres of, the boundary of the proposed private timber reserve;
State authority means a body or authority, whether incorporated or not, which is established or constituted by or under an Act or under the royal prerogative, being a body or authority which, or of which the governing authority, wholly or partly comprises a person or persons appointed by the Governor, a Minister, or another State authority.



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