AustLII Tasmanian Consolidated Acts

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FOREST PRACTICES ACT 1985 - SECT 8

8. Grant or refusal of application for declaration of land as private timber reserve

(1) Where an application for the declaration of land as a private timber reserve complies with section 5, the Authority shall, except where the application is refused as provided in subsection (2), grant the application as soon as is reasonably practicable after–

(a) the expiration of the period referred to in the notice relating to the application published in accordance with section 6; or

(b) if a hearing is required to be held in respect of the application as provided by subsection (3), the conclusion of the hearing.

(2) An application for a declaration of land as a private timber reserve shall be refused if the Authority is satisfied that–

(a) the application has not been made in good faith and honestly;

(b) the land is not suitable for declaration as a private timber reserve;

(c) a person who has a legal or equitable interest in the land, or in timber on the land, would be disadvantaged if the application was granted;

(d) by virtue of the operation of any Act, the owner of the land is prohibited from establishing forests, or growing or harvesting timber, on the land; or

(e) it would not be in the public interest to grant the application; or

(f) an owner of land referred to in paragraph (d) of the definition of prescribed person in section 7(4) would be directly and materially disadvantaged if the application was granted.

(2A) For the purposes of subsection (2)(d), where a planning scheme or special planning order within the meaning or for the purposes of the Land Use Planning and Approvals Act 1993 requires the owner of any land to obtain a permit or other form of approval from a municipal council in order to establish forests or grow or harvest timber on that land, neither that requirement nor any statutory provision that purports to enforce the observance of that requirement is taken to be a prohibition of those activities on that land.
(3) An application for the declaration of land as a private timber reserve shall not be refused unless the Authority–

(a) has first held a hearing with respect to the application; and

(b) has afforded the applicant and, where a person has lodged an objection to the application in accordance with section 7, that person an opportunity to appear and to make submissions and adduce evidence at the hearing.

(4) Where the Authority refuses an application made under section 5, it shall forthwith, by notice in writing served on the applicant, inform him or her of the refusal and of the reasons for the refusal.
(5) Where the Authority grants an application made under section 5 in respect of which an objection has been lodged in accordance with section 7, it shall forthwith, by notice in writing served on the person who lodged the objection, inform him or her of the granting of the application.



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