Forest Practices Amendment Act 2001 (TAS)

Forest Practices Amendment Act 2001

An Act to amend the Forest Practices Act 1985

[Royal Assent 5 December 2001]

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:

1Short titleThis Act may be cited as the Forest Practices Amendment Act 2001 . 2CommencementThis Act commences on a day to be proclaimed. 3Principal ActIn this Act, the Forest Practices Act 1985 is referred to as the Principal Act. 4Section 3 amended (Interpretation) Section 3(1) of the Principal Act is amended as follows: (a) by inserting the following definition after the definition of chief forest practices officer : clearing of trees means the removal of trees by – (a) clearing, cutting, pushing or otherwise removing; or (b) destroying the trees in any way; (b) by inserting the following definition after the definition of financial year : forest means an area containing trees; (c) by inserting "the clearing of trees," after "in establishing forests," in the definition of forest practices ; (d) by inserting "the clearing of trees" after "with establishing forests," in the definition of forest practices ; (e) by omitting the definition of timber and substituting the following definition: timber includes the trunk, branch and any other part of a tree or fallen tree, whether or not it is cut up, sawn, hewn, split or otherwise dealt with; (f) by omitting the definition of trees and substituting the following definitions: tree fern means a plant of the species Dicksonia antarctica; trees means – (a) any woody plants with a height or potential height of 5 metres or more, whether or not living, dead, standing or fallen, that are – (i) native to Tasmania; or (ii) introduced into Tasmania and used for the processing or harvesting of timber; and (b) tree ferns; 5Section 4C amended (Functions of Board) Section 4C(fa) of the Principal Act is amended by inserting ", the clearing of trees" after "harvesting". 6Section 17 amended (Restrictions on harvesting timber, &c.) Section 17(4) of the Principal Act is amended by inserting after paragraph (b) the following paragraph: (ba) the clearing of trees; 7Section 18 amended (Application for certification of forest practices plan) Section 18(2)(a) of the Principal Act is amended by inserting "or the clearing of trees" after "timber". 8Section 19 amended (Board to certify or refuse to certify forest practices plan) Section 19(1)(c)(i) of the Principal Act is amended by inserting "or in the clearing of trees" after "timber". 9Section 21 amended (Contravention, &c., of certified forest practices plan) Section 21(1) of the Principal Act is amended as follows: (a) by omitting "the harvesting of timber" first occurring and substituting "forest practices"; (b) by omitting from paragraph (b) "the harvesting of timber" twice occurring and substituting "forest practices"; (c) by omitting from paragraph (c) "the harvesting of timber" twice occurring and substituting "forest practices". 10Section 31 amended (Purpose, &c., of Forest Practices Code) Section 31(2) of the Principal Act is amended as follows: (a) by inserting in paragraph (b) "or the clearing of trees" after "timber"; (b) by inserting in paragraph (c) "the clearing of trees" after "forests,".

[Second reading presentation speech made in:

House of Assembly on 1 NOVEMBER 2001

Legislative Council on 27 NOVEMBER 2001]