Forest Practices Amendment (Tree Ferns) Act 2001 (TAS)

Forest Practices Amendment (Tree Ferns) 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 (Tree Ferns) 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 by inserting after subparagraph (vi) in paragraph (b) of the definition of timber processor the following subparagraph: (vii) tree ferns; 5Section 17 amended (Restrictions on harvesting timber, &c.) Section 17 of the Principal Act is amended as follows: (a) by inserting the following subsection after subsection (5) : (5A)  A person must not harvest tree ferns unless – (a) the tree ferns are harvested in accordance with a forest practices plan that enables the harvesting of tree ferns; and (b) each tree fern has a tag referred to in section 18A affixed to its stem before removal from the harvesting area as identified in the forest practices plan.

Penalty:  Fine not exceeding 150 penalty units.

(b) by omitting from subsection (6) " Subsections (4) and (5) " and substituting " Subsections (4) , (5) and (5A) ". 6Section 18 amended (Application for certification of forest practices plan) Section 18(2) of the Principal Act is amended by inserting after paragraph (b) the following paragraph: (ba) 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; 7Sections 18A and 18B insertedAfter section 18 of the Principal Act , the following sections are inserted in Division 1: 18ATags to be attached to tree ferns The Board is to issue a tag to a person in a form approved by the Board – (a) if satisfied that a forest practices plan exists enabling that person to harvest tree ferns; and (b) on payment of the prescribed fee. 18BTrading in tree ferns A person must not buy, acquire, sell, offer or expose for sale, barter, exchange, agree to sell, send, forward or deliver for sale or otherwise trade in tree ferns unless the stem of each tree fern is affixed with a tag issued by the Board.

Penalty:  Fine not exceeding 150 penalty units.

8Section 21 amended (Contravention, &c., of certified forest practices plan) Section 21(1) of the Principal Act is amended by inserting after paragraph (b) the following paragraph: (ba) any person who harvests tree ferns under the plan without affixing a tag in accordance with section 17(5A)(b) ; or 9Section 25A substituted Section 25A of the Principal Act is repealed and the following section is substituted: 25ACertificate of compliance If the Board certifies a forest practices plan under section 19 , the person who applied for the certification of that plan must, within 30 days after the expiration of the period during which forest practices were authorised to be carried out under the plan, lodge a statement, in a form approved by the Board, stating – (a) whether or not the plan has been complied with; and (b) in the case of a plan that enables tree ferns to be harvested, the number of tree ferns harvested; and (c) any other particulars the Board considers appropriate.

Penalty:  Fine not exceeding 10 penalty units.

[Second reading presentation speech made in:

House of Assembly on 22 NOVEMBER 2001

Legislative Council on 28 NOVEMBER 2001]