Forest Practices Amendment (Conservation Covenants) Act 2002
An Act to amend the Forest Practices Act 1985
[Royal Assent 25 June 2002]
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 (Conservation Covenants) Act 2002 . 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 16 amended (Compensation may be payable where application refused) Section 16 of the Principal Act is amended as follows: (a) by omitting subsections (2) , (2A) , (3) and (4) and substituting the following subsections: (2) The entitlement does not arise unless – (a) an application for the compensation is received by the Board within 30 days after the day on which the Tribunal dismissed the appeal; and (b) the Board is satisfied that, for at least 2 years before making the section 5 application, the owner of the land was actively managing the land for the purpose of establishing forests or growing (with the intention of harvesting) timber; and (c) if the section 5 application was refused on the ground referred to in section 8 (2) (d) – (i) the prohibition referred to in that section arose otherwise than under a planning scheme under the Land Use Planning and Approvals Act 1993 ; and (ii) the prohibition was imposed only within the period of 3 months immediately before the owner of the land made the section 5 application; and (iii) the Board is satisfied that, during the period the land was being actively managed before the imposition of the prohibition, the owner of the land had an intention to apply for the declaration of the land as a private timber reserve. (3) If – (a) the section 5 application was refused on the ground referred to in section 8(2)(d) or (e) wholly or partly because the declaration would threaten natural or cultural values; and (b) although the Crown wishes to preserve those values it does not want to acquire the land – the Board must, if requested to do so by the Minister, require the owner of the land to enter into a conservation covenant with that Minister for the protection of those values under Division 3 of Part VA of the National Parks and Wildlife Act 1970 . (4) If subsection (3) applies – (a) compensation is not payable under this section unless the owner of the land and the Minister enter into the conservation covenant within 12 months after the day on which the owner of the land receives notification of the requirement; but (b) if the conservation covenant is not entered into within that 12 month period, the owner of the land may apply to the Minister, in writing, for a certificate of release from the requirement. (4A) On receipt of the application, the Minister must – (a) issue the owner of the land with the certificate of release; or (b) if the Minister is satisfied on reasonable grounds that the failure to enter into the conservation covenant within the required period is attributable to wilful obstruction, unreasonable delay or another unreasonable act or omission on the part of the owner of the land, refuse to issue the owner of the land with the certificate of release. (4B) The certificate of release may be in such form as the Minister determines. (4C) If the Minister does not take action under paragraph (a) or (b) of subsection (4A) within 30 days of receiving the application, the Minister is nevertheless taken to have issued the certificate of release at the expiration of that period. (4D) If the application for the certificate of release is refused – (a) the Minister must notify the owner of the land of the refusal, and the reasons for the refusal, as soon as practicable; and (b) the owner of the land may apply to the Magistrates Court (Administrative Appeals Division) for a review of the refusal to issue the certificate of release. (4E) The owner of the land may, if issued with the certificate of release, resubmit the application to have the land declared as a private timber reserve. (4F) An application for the declaration of land as a private timber reserve resubmitted under subsection (4E) is not capable of being refused on the same or substantially the same grounds as the original application and, in that respect, the land may be declared as a private timber reserve notwithstanding – (a) the operation of any Act that may prohibit the owner from establishing forests, or growing or harvesting timber on the land; or (b) that it may not be in the public interest to grant the application because the declaration may threaten important natural or cultural values. (b) by inserting the following subsections after subsection (8) : (9) Notwithstanding subsection (1) , a person’s entitlement to compensation under this section in respect of any land lapses if, before the compensation or first instalment of the compensation is otherwise due to be paid – (a) the Crown acquires that land or any part of that land; or (b) the person otherwise ceases to be the owner of that land or any part of that land. (10) If an application for the declaration of land as a private timber reserve is refused on the ground referred to in section 8(2)(d) , any entitlement to compensation arises under this section, not under the prohibition imposed under the Act referred to in that section or any other Act. (11) In this section – Minister means the Minister administering the National Parks and Wildlife Act 1970 ; natural or cultural values means natural or cultural values within the meaning of the Forest Practices Code. [Second reading presentation speech made in:
House of Assembly on 24 APRIL 2002
Legislative Council on 23 MAY 2002]