Forestry Act 1959

If the chief executive and the plantation licensee and any plantation sublicensee can not agree on an amount payable as compensation for a compensation event, compensation is to be assessed and decided under the Acquisition of Land Act 1967, part 4 (the compensation provisions) as applied under this section.

The compensation provisions apply as if—

the State were the constructing authority; and

a reference to land includes land in a licence area; and

the plantation licensee and any plantation sublicensee were persons who have a right to claim compensation; and

a reference to land taken were a reference to—

if a licence area suffers a net reduction in size because of a compensation event—the land that stopped being part of the licence area because of the compensation event; or

otherwise—the land in the licence area directly affected by the compensation event; and

a reference to the day the land was taken were a reference to the day the compensation event had effect in relation to the licence area; and

a reference to the serving of a notice of intention to resume on the claimant were a reference to the giving of written notice under section 61RJ; and

a reference to a gazette resumption notice were a reference to the document under which the licence area is, or is to be, reduced or affected by the compensation event.

In applying the compensation provisions, the compensation provisions must be read with any other necessary or convenient changes.

For the compensation provisions, an extract from the register is proof of the plantation licensee’s or plantation sublicensee’s interest in the land.

If the compensation event is an event mentioned in section 61RH(1)(a), compensation must be assessed and decided under the compensation provisions having regard only to the market value of the natural resource product on the unformed plantation forest road on the nominated road construction date.