Forestry Act 1959

A plantation licensee and any plantation sublicensee (each a claimant) may claim compensation under this division for any of the following events (each a compensation event) happening in relation to the licence area for the plantation licence or plantation sublicence—

an unformed plantation forest road, taken to be part of the licence area for this Act under section 61QM, stops being part of the licence area on the road construction date nominated for the road by the chief executive under that section;

the chief executive grants, makes or extends any of the following over the licence area or part of the licence area—

a permit under section 35(1);

a licence under section 55(1);

a permit, licence, lease, or other authority, or an agreement or contract under section 56(1);

a permit under section 73(2);

a term lease, as mentioned in section 35(5)—

is granted over the licence area or part of the licence area under the Land Act 1994; or

having been granted as mentioned in subparagraph (i), is renewed or extended under that Act;

subject to section 61RI, land forming part, or all, of the licence area stops being a licence area under section 61QA(6);

an easement is created under an Act over land in the licence area;

a collection authority is issued under the Biodiscovery Act 2004 authorising its holder to take native biological material for biodiscovery from the licence area.

Compensation is payable under subsection (1)(b), (c), (e) and (f) only if the compensation event materially and adversely interferes with the claimant’s ability to use the licence area for the purpose of plantation forestry.

Also, compensation is not payable for a compensation event if the compensation event results from the exercise by a claimant, a plantation manager appointed by the claimant or a plantation officer employed by the claimant or the plantation manager of power delegated to the claimant, plantation manager or plantation officer under section 96B.

Compensation can not be claimed or paid more than once in relation to the same matter.

In this section—create includes grant, take and acquire.