Forestry Act 1959

In relation to an FPQ sales permit, a function conferred on the chief executive under a relevant provision must be performed by the administering party.

Power to cancel or suspend an FPQ sales permit under section 58(1) or (1B) may be exercised by the administering party only in relation to an act, omission or event that, under the express terms and conditions of the FPQ sales permit or any contract (related contract) between the administering party and the permittee in relation to the same subject matter, enables the administering party to terminate the FPQ sales permit.

Subsection (2) does not apply to an FPQ sales permit if neither the FPQ sales permit nor any related contract contains any express term or condition dealing with its termination.

A person dissatisfied with a decision of the administering party to cancel or suspend an FPQ sales permit if subsection (2) does not apply may ask the chief executive to review the decision within 28 days after receiving written notice of the decision.

The chief executive—

may—

reinstate the FPQ sales permit; or

confirm the administering party’s decision; or

make another decision that the chief executive considers appropriate; and

must give the person and the administering party a statement of reasons for his or her decision.

For this section—

in a relevant provision—

a reference to the chief executive, the State or the Crown is taken to be a reference to the administering party; and

a reference to a forest officer is taken to be a reference to a plantation officer employed by the administering party; and

in section 88(2C), to the extent it applies to an offence relating to a contravention of an FPQ sales permit, a reference to the State is taken to be a reference to the administering party; and

in section 89, to the extent it applies to moneys due in relation to natural resource product under an FPQ sales permit, royalty or stumpage on natural resource product got under an FPQ sales permit or loss or damage to natural resource product (including loss or damage occasioned by an employee, contractor, agent or invitee of the holder), or any other matter or thing relating to an FPQ sales permit, a reference to the Crown or the State is taken to be a reference to the administering party.

In this section—function includes power.relevant provision means each of the following—

section 5, to the extent it is relevant to another relevant provision;

section 56(1), to the extent it relates to an extension of an FPQ sales permit;

part 4;

sections 58, 59, 61(1A) and 80;

sections 88(3), 89, 91 and 92.