Private Forests Act 1994

In this section,relevant time, in relation to a nett area of forest operation, means the time at which the prescribed certified forest practices plan identifying that area was lodged for certification under the Forest Practices Act 1985.

The Authority, by notice provided to the owner of a nett area of forest operation, may vary the amount of the levy payable if the nett area of forest operation is varied – for the purposes of complying with any law which, at the relevant time – did not affect the nett area of forest operation; or the person lodging the plan reasonably had not identified as affecting or likely to affect the nett area of forest operation; or for the purposes of the public interest and the Minister has approved the variation of the area of the nett area of forest operation; or for a prescribed purpose.

If – an owner of a nett area of forest operation has paid the whole or any part of a levy in respect of the nett area of forest operation; and that levy is varied under subsection (2); and the amount so paid is greater than the amount of the levy as varied – the Authority must refund to the owner the amount paid that is in excess of the varied levy.