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TASMANIA
__________
FOREST PRACTICES AMENDMENT BILL
2003
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 8 amended (Grant or refusal of application for
declaration of land as private timber reserve)
5. Section 16 amended (Compensation may be payable
where application refused)
6. Validation
[Bill 52]-III
2
FOREST PRACTICES AMENDMENT BILL
2003
(Brought in by the Minister for Economic Development,
Energy and Resources, the Honourable Paul Anthony
Lennon)
A BILL FOR
An Act to amend the Forest Practices Act 1985 and to
remove doubts as to the validity of certain decisions
taken under that Act
Be it enacted by His Excellency the Governor of Tasmania,
by and with the advice and consent of the Legislative
Council and House of Assembly, in Parliament assembled,
as follows:
Short title
1. This Act may be cited as the Forest Practices
Amendment Act 2003.
Commencement
2. This Act commences on the day on which this Act
receives the Royal Assent.
[Bill 52] 3
s. 3 No. Forest Practices Amendment 2003
Principal Act
3. In this Act, the Forest Practices Act 1985* is referred to
as the Principal Act.
Section 8 amended (Grant or refusal of application
for declaration of land as private timber reserve)
4. Section 8(2A) of the Principal Act is amended by
omitting "that requirement is not to be taken as being"
and substituting "neither that requirement nor any
statutory provision that purports to enforce the observance
of that requirement is taken to be".
Section 16 amended (Compensation may be payable
where application refused)
5. Section 16(2)(c) of the Principal Act is amended as
follows:
(a) by omitting "on the ground referred to in" and
substituting "under";
(b) by omitting subparagraph (i) and substituting
the following subparagraph:
(i) the prohibition referred to in that
section was not a prohibition
contained in a planning scheme or
special planning order under the
Land Use Planning and Approvals
Act 1993 or in a statutory
provision that purports to enforce
the observance of a requirement of
any such scheme or order; and
*No. 48 of 1985
4
2003 Forest Practices Amendment No. s. 6
Validation
6. (1) In this section
"Board" means the Forest Practices Board
established under section 4AA of the Principal
Act;
"doubts removal period" means the period
commencing on 30 June 1999 (the day on
which the Forest Practices (Private Timber
Reserves Validation) Act 1999 commenced) and
ending on the commencement of this Act;
"planning restriction" means
(a) a requirement or prohibition contained
in a planning scheme or special planning
order under the Land Use Planning and
Approvals Act 1993; or
(b) a statutory provision that purports to
enforce the observance of a requirement
or prohibition referred to in
paragraph (a).
(2) A declaration made or purportedly made under
section 11 of the Principal Act during the doubts removal
period is not to be taken as being invalid by reason only
that the application for the declaration was granted by the
Board contrary to a planning restriction that, at the
relevant time, constituted or may have constituted a
prohibition for the purposes of section 8(2)(d) of the
Principal Act in relation to that application.
(3) If, during the doubts removal period, an
application under section 5 of the Principal Act was
granted by the Board but, by the end of that period, a
declaration had not been made under section 11 of the
Principal Act consequent on that application, the Board's
decision to grant the application is not to be taken as being
5
s. 6 No. Forest Practices Amendment 2003
invalid by reason only that it was taken contrary to a
planning restriction that, at the relevant time, constituted
or may have constituted a prohibition for the purposes of
section 8(2)(d) of the Principal Act in relation to that
application.
(4) This section has effect subject to any order of a
court or tribunal made during the doubts removal period.
6 Government Printer, Tasmania