SUSTAINABLE FORESTS (TIMBER) ACT 2004 - SECT 43 Review of and changes to timber release plan
SUSTAINABLE FORESTS (TIMBER) ACT 2004 - SECT 43
Review of and changes to timber release plan(1) VicForests may review a timber release plan at any time.
(2) VicForests may change a timber release plan at any time if the change is not inconsistent with—
(a) the allocation order to which the plan relates, including any condition, limitation, matter or specification in the order; and
(b) any relevant Code of Practice relating to timber harvesting.
(3) In changing a timber release plan, VicForests must comply with any condition relating to consultation that is specified in the allocation order to which the plan relates.
(4) A timber release plan cannot be changed in relation to any vested timber resources in respect of which property has passed to a third party.
(5) Nothing in this section is to be taken to affect the rights of a third party in relation to vested timber resources of a kind referred to in subsection (4).
(6) If a timber release plan is changed under this section, VicForests must cause a notice of the change to the plan to be published in the Government Gazette.
(7) On publication of a notice under subsection (6), the changed timber release plan takes effect in accordance with its terms.
Note
The publication of a notice under this section may be a land use activity under the Traditional Owner Settlement Act 2010 if it relates to public land to which a land use activity agreement under that Act applies.
S. 44 substituted by No. 42/2013 s. 22.