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FOREST PRACTICES ACT 1985 - SECT 18 Application for certification of forest practices plan

FOREST PRACTICES ACT 1985 - SECT 18

Application for certification of forest practices plan

(1)  Any person may –
(a) prepare, or cause to be prepared, a forest practices plan in relation to any land; and
(b) make application to the Authority for certification of that plan.
(2)  A forest practices plan is to–
(a) contain specifications of the forest practices to be carried out on the land referred to in the plan in connection with the harvesting of timber or the clearing of trees or the clearance and conversion of a threatened native vegetation community;
(b) contain, in the case of a private timber reserve, or where the owner of the land referred to in the plan wishes to restock the land with trees, specifications in connection with the restocking of the land with trees;
(baa) identify, if applicable, the discrete operational phases of the plan for the purposes of section 25A ;
(ba) contain, in the case of the harvesting of tree ferns, the following specifications:
(i) the name of the person intending to harvest the tree ferns;
(ii) the estimated number of tree ferns to be harvested;
(iii) an estimate of the period during which tree ferns are to be harvested;
(bb) contain, if the plan involves the clearance and conversion of a threatened native vegetation community, the following specifications:
(i) the identity of the threatened native vegetation community and its range;
(ii) how much of the threatened native vegetation community would be cleared and converted under the plan;
(iii) the kind of vegetation, works or development that would replace the threatened native vegetation cleared and converted under the plan;
(iv) the intended method of removal;
(c) provide an estimate of –
(i) the period during which the forest practices of the plan overall are to be carried out; and
(ii) if applicable, the period during which each discrete operational phase of the plan identified under paragraph (baa) is to be carried out; and
(ca) specify the period for which the plan is to remain in force; and
(d) specify, if applicable, the name of the timber processor by whom the timber harvested under the plan is intended or expected to be processed.
(3)  Any specifications referred to in subsection (2) shall be in accordance with the Forest Practices Code as in force at the time the forest practices plan is prepared.
(4)  An application referred to in subsection (1) (b) –
(a) shall be in writing;
(b) shall be accompanied by a memorandum in writing signed by the owner of the land referred to in the plan or, if the land is subject to a forestry right, the holder of the right, stating that he or she has given approval for the plan to be submitted to the Authority.
(c) .  .  .  .  .  .  .  .  
(4A)  An applicant under this section must pay the prescribed application fee, if any.
(4B)  The application fee is to be paid by a date, and in a manner, determined by the Authority.
(4C)  If –
(a) an applicant; or
(b) where a person has been assigned in accordance with section 25D the applicant's responsibilities under this Division, that person –
fails to pay all of the application fee by the date, and in the manner, determined by the Authority for the purposes of subsection (4B) , so much of the application fee as has not been paid by that date and in that manner is a debt due and payable to the Authority by the applicant, or the person, as the case may be, and may be recovered by the Authority in a court of competent jurisdiction.
(5)  An applicant under this section shall, if required by the Authority to do so, provide such further particulars in relation to the forest practices plan as the Authority specifies.