Private Forests Act 1994

Private Forests Act 1994

This Act may be cited as the Private Forests Act 1994.

This Act, except this section and sections 1 and 44, commences on the day on which the Forestry Amendment (Forestry Corporation) Act 1994 commences.

This section and sections 1 and 44 commence on the day on which this Act receives the Royal Assent.

In this Act, unless the contrary intention appears –

annual report means the annual report for the Authority prepared under section 32E;

Australian Accounting Standards means Statements of Accounting Standards issued jointly by the National Councils of the Australian Society of Certified Practising Accountants and The Institute of Chartered Accountants in Australia or their successors;

Authority means Private Forests Tasmania established under section 4;

Board means the Board of Directors of the Authority;

chairperson means the chairperson of the Board;

chief executive officer means the chief executive officer of the Authority appointed under section 16;

corporate plan means the corporate plan approved under section 19D;

director means a person appointed as a director of the Board or the chief executive officer;

employee means a person appointed or employed pursuant to section 19;

financial statements means the financial statements prepared under section 32B;

forest owners organisations means such organisations as the Minister is satisfied can properly be regarded as associations of owners of private commercial forests carried on wholly or partly for the purposes of marketing the timber obtained from those forests;

Forest Practices Authority means the body referred to in section 4AA of the Forest Practices Act 1985;

forest produce means all vegetable growth and the products of growing or dead trees, shrubs, timber or other vegetable growth;

forestry dedication covenant means a covenant referred to in section 33;

functions includes duties and responsibilities;

industrial private forest grower means a grower of timber who is directly engaged in sawmilling or allied industries or in industries using or processing pulpwood (including the production of woodchips);

ministerial charter means the charter provided under section 19A;

non-industrial private forest grower means a grower of timber other than an industrial private forest grower;

partner means the person with whom a person is in a personal relationship, within the meaning of the Relationships Act 2003;

private commercial forest means any land (not being Crown land or land owned by the Forestry corporation, continued by section 6 of the Forest Management Act 2013, that supports a merchantable stand of timber or that is being managed with a view to producing timber of merchantable quality (including firewood);

private commercial forestry includes all matters affecting the establishment, development or management of private commercial forests or the disposal or use of the produce of private commercial forests;

regulations means regulations made and in force under this Act;

statement of corporate intent has the meaning given by section 19F;

timber includes the trunks and branches of trees, whether standing or not, and all wood, whether or not the same is cut up, sawn, hewn, split or otherwise fashioned;

Treasurer's Instructions has the same meaning as in the Government Business Enterprises Act 1995;

trees includes not only timber trees, but trees, shrubs and bushes, seedlings, saplings and re-shoots of every description.

is established.

Private Forests Tasmania – is a body corporate with perpetual succession; and has a seal; and may sue and be sued in its corporate name.

The objectives of the Authority are specified in Schedule 1.

The functions of the Authority are as follows:to advise the Minister on all matters relating to private forestry; to provide assistance and advice on forest establishment and management for commercial purposes and on the use of trees for sustainable land management; to process applications for private timber reserves under the Forest Practices Act 1985 pursuant to a delegation from the Forest Practices Authority under that Act; to promote opportunities for more competitive markets for private forest owners; to advise, assist and facilitate the private forest sector in the development of relevant infrastructure; to maintain and update an inventory of private forests and prepare five-yearly reviews of private forests; to provide advice and assistance to the Forest Practices Authority for implementation of the Forest Practices Act 1985 on private forest lands; to provide co-ordinated input on behalf of private forest growers on land use issues; to promote private forestry research and education; to examine matters relating to the conservation of flora, fauna, land forms, cultural heritage and care of the environment on private forest lands; to encourage whole-farm planning on private land including strategic planning and appropriate technical and policy development; to develop plans to deliver funding for private forestry programmes from private forest owners; to contribute to state and national reporting on private forest matters; to advocate on behalf of private forest owners in the formulation and review of state and national forest-related policies, programmes and legislation; to implement and manage priority projects on behalf of private forest owners; to perform such other functions as are imposed on it by this or any other Act.

The costs and expenses incurred by the Authority in performing the functions specified in paragraphs (a), (g), (h), (i), (j) and (k) of subsection (1) are to be paid out of money provided by Parliament for the purpose.

Notwithstanding subsection (2), any money not provided by Parliament which is at the Authority's disposal may be applied towards the payment of any of the costs and expenses referred to in that subsection.

In addition to such other powers as are conferred on it by this or any other Act, the Authority has power to do all things necessary or convenient to be done in connection with the performance of its functions including acquiring, holding, disposing of and otherwise dealing with property.

The Authority has a Board of Directors consisting of – a person with practical knowledge of, and experience in, industry, commerce or economic development; and three persons representing private forest growers of whom – one represents industrial private forest growers; and two represent non-industrial private forest growers; and a person with expertise in forest or related sciences; and the chief executive officer.

The directors referred to in subsection (1)(a), (b) and (c) are to be appointed by the Minister after the Minister has consulted the forest owners organisations.

The Minister is to appoint a director referred to in subsection (1)(a), (b) or (c) to be the chairperson of the Board.

The Board may, at its first meeting, elect one of its members to be deputy chairperson of the Board.

Schedule 2 has effect with respect to the directors.

Schedule 3 has effect with respect to the meetings of the Board.

The role of the Board is –

to manage and conduct the business and affairs of the Authority in a manner that is in accordance with sound commercial practice; and to determine the strategies and policies of the Authority; and to perform such other functions as are imposed on it by this Act or as are prescribed.

The Board has power to do all things necessary or convenient to be done in connection with the performance of its functions under this or any other Act.

The Board may, in writing, delegate any of its functions or powers other than this power of delegation.