Revocation of private timber reserve at instigation of Authority
13 Revocation of private timber reserve at instigation of Authority
Where the Authority is satisfied that a private timber reserve or part of a private timber reserve is not being used for establishing forests, or growing or harvesting timber in accordance with the Forest Practices Code, or is not being used for activities which the Authority considers to be compatible with establishing forests, or growing or harvesting timber, it may, by notice in writing served on the owner of the reserve, inform him or her that it intends to declare that the reserve or part of the reserve, as the case may be, is to cease to be, or cease to form part of, a private timber reserve.
The owner of a private timber reserve referred to in subsection (1) may, if aggrieved by the intention of the Authority referred to in that subsection, appeal to the Tribunal.
An appeal under subsection (2) is to be instituted by giving written notice to the registrar within a period of 14 days after the service of the notice referred to in subsection (1).
Where – no appeal is lodged under subsection (2) within the period specified in subsection (3) in respect of the Authority's intention to declare that the private timber reserve or part of the private timber reserve referred to in subsection (1) is to cease to be, or cease to form part of, a private timber reserve; or an appeal is lodged under subsection (2) within the period specified in subsection (3) and the Tribunal dismisses the appeal under the Tasmanian Civil and Administrative Tribunal Act 2020 – the Authority may declare, by notice published in the Gazette, that the reserve or part of the reserve, as the case may be, is to cease to be, or cease to form part of, a private timber reserve.
The Authority is to cause a copy of a notice under subsection (5) to be sent to the local authority exercising jurisdiction over the land to which the notice relates and any local authority exercising jurisdiction over any land adjacent to that land.
A notice under subsection (5) is not a statutory rule within the meaning of the Rules Publication Act 1953.
This Act’s bill:Explanatory notesSecond reading speech
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