Forestry (Rebuilding the Forest Industry) Act 2014 (Tas)

Forestry (Rebuilding the Forest Industry) Act 2014 An Act to repeal the Tasmanian Forests Agreement Act 2013 , to provide for the invigoration of the forest industry and for related purposes [Royal Assent 25 September 2014] Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows: PART 1 - Preliminary 1. Short title This Act may be cited as the Forestry (Rebuilding the Forest Industry) Act 2014 . 2. Commencement The provisions of this Act commence on a day or days to be proclaimed. 3. Interpretation In this Act – Abt Railway Ministerial Corporation has the same meaning as Ministerial Corporation in the Abt Railway Development Act 1999 ; annual supply of veneer and sawlog has the same meaning as in the Forest Management Act 2013 ; Crown land has the same meaning as in the Crown Lands Act 1976 ; Crown Lands Minister means the Minister administering the Crown Lands Act 1976 ; electricity infrastructure has the same meaning as in the Electricity Supply Industry Act 1995 ; forest has the same meaning as in the Forest Practices Act 1985 ; forest management certification means an internationally recognised forest management certification of forest management practices of an entity based on an independent assessment by an accredited forest management certification body; forest practices plan has the same meaning as in the Forest Practices Act 1985 ; forest product has the same meaning as in the Forest Management Act 2013 ; Forestry corporation has the same meaning as in the Forest Management Act 2013 ; forestry coupe has the same meaning as coupe in the Forest Practices Code as defined in the Forest Practices Act 1985 ; future potential production forest land means the land referred to in section 4(1) ; future reserve land has the same meaning as in the Tasmanian Forests Agreement Act 2013 , as in force immediately before the commencement of this section; Government Business Enterprise means a statutory authority specified in Schedule 1 to the Government Business Enterprises Act 1995 ; harvesting, used in relation to timber, means cutting and removing that timber from a forest; highway means – (a) a highway created in accordance with section 3 of the Highways Act 1951 ; or (b) a State highway proclaimed in accordance with section 7 of the Roads and Jetties Act 1935 ; or (c) a local highway within the meaning of the Local Government (Highways) Act 1982 ; or (d) a highway from time to time created in accordance with section 3 of the Highways Act 1951 , proclaimed in accordance with section 7 of the Roads and Jetties Act 1935 or created within the meaning of the Local Government (Highways) Act 1982 after the commencement of this section; managing entity, in relation to future potential production forest land, means the person in whom is vested the management or ownership of that land and includes the Crown; native forest harvesting means any harvesting of native forest that requires a certified forest practices plan under the Forest Practices Act 1985 , but does not include native forest harvesting that is associated with – (a) providing access roading – (i) to forestry coupes that are permanent timber production zone land; or (ii) to future potential production forest land that is contained in the forestry coupes specified in Schedule 2 ; or (b) installing cable harvesting infrastructure – (i) for harvesting forestry coupes that are permanent timber production zone land; or (ii) for future potential production forest land that is contained in the forestry coupes specified in Schedule 2 ; or (c) special species timber harvesting undertaken with the approval of the Crown Lands Minister under Part 3 ; partial harvesting means the harvesting of single trees or groups of trees whilst retaining other trees including advanced growth trees, seed trees and shelterwood trees; permanent timber production zone land has the same meaning as in the Forest Management Act 2013 ; powerline corridor has the same meaning as in the Electricity Wayleaves and Easements Act 2000 ; rail infrastructure has the same meaning as in the Rail Infrastructure Act 2007 ; rail planning corridor has the same meaning as in section 13 of the Rail Infrastructure Act 2007 ; special species management plan means a plan that has taken effect as a special species management plan under section 12(8) or as an amended special species management plan under section 13(7) ; special species timber includes – (a) timber of the following species: (i) blackwood (Acacia melanoxylon); (ii) myrtle (Nothofagus cunninghamii); (iii) celery-top pine (Phyllocladus aspleniifolius); (iv) sassafras (Atherosperma moschatum); (v) huon pine (Lagarostrobos franklinii); (vi) silver wattle (Acacia dealbata); and (b) timber of any other species that is prescribed by the regulations; and (c) timber with particular properties that is prescribed by the regulations; special species timber harvesting means the harvesting of special species timber by partial harvesting; State-owned company means a company incorporated under the Corporations Act that is controlled by – (a) the Crown; or (b) a Government Business Enterprise; or (c) a statutory authority; or (d) another company that is so controlled; statutory authority means a body or authority, whether incorporated or not, that is established or constituted by or under an Act or under the royal prerogative, being a body or authority which, or of which the governing authority, wholly or partly comprises a person or persons appointed by the Governor, a Minister or another statutory authority; statutory land means land that is owned by or vested in a State-owned company or a Government Business Enterprise other than the Forestry corporation; subsidiary road means a subsidiary road proclaimed in accordance with section 7 of the Roads and Jetties Act 1935 , or which may from time to time be proclaimed under that Act after the commencement of this section; timber has the same meaning as in the Forest Management Act 2013 ; World Heritage List means the list kept under that title under Article 11 of the World Heritage Convention. PART 2 - Future Potential Production Forest Land 4. Future potential production forest land (1) The land – (a) described in column 2 of the table set out in clause 2 of Schedule 1 ; or (b) that is the subject of an order made under section 11A of the Forest Management Act 2013 in relation to which section 11A(6)(b) of that Act has effect; or (c) that is the subject of an order made under section 8 – is to be known as "future potential production forest land" unless section 11A(6)(a) or section 11B(6) of the Forest Management Act 2013 has effect in relation to that land. (2) Subject to this section, the following provisions apply to future potential production forest land: (a) any part of the land that is not Crown land, immediately before the commencement of this section, is vested in the Crown and becomes Crown land; (b) any part of the land that is permanent timber production zone land, immediately before the commencement of this section, ceases to be permanent timber production zone land; (c) any part of the land that, immediately before the commencement of this section, was future reserve land ceases to be future reserve land; (d) no native forest harvesting can be undertaken on the land; (e) the forestry right specified in dealing C606341 referred to as coupe RR112A and being a 14.5 hectare section of the area on title plan Folio of the Register Volume 132377 Folio 1 is suspended and a person must not do anything required, authorised or permitted by that right. (3) Paragraph (a) of subsection (2) does not apply to any land that is statutory land. (4) Paragraph (d) of subsection (2) does not apply to future potential production forest land that is contained in the forestry coupes specified in Schedule 2 . (5) Except as provided in subsections (1) and (2) , those subsections do not extinguish or otherwise affect the right to commence or carry on any activity on future potential production forest land authorised, approved or permitted before the commencement of this section. (6) Subject to subsection (2) , the managing entity of future potential production forest land may continue to perform or exercise its functions or powers, or discharge its obligations, in relation to that land. (7) The Crown Lands Minister, in performing or exercising his or her functions or powers or discharging his or her obligations in relation to future potential production forest land in respect of which he or she is the managing entity, must have regard to the objectives for management of future potential production forest land specified in Schedule 3 . (8) Notwithstanding subsection (6) , the managing entity of future potential production forest land cannot sell, transfer or convey that land to any other person. (9) For the purposes of subsection (8) , sell, transfer or convey does not include an exchange of land under section 6 . (10) Subsection (8) does not apply to land used for any of the following: (a) electricity infrastructure; (b) highways; (c) powerline corridors; (d) rail infrastructure; (e) rail planning corridors; (f) subsidiary roads. (11) Subsection (8) ceases to apply to statutory land on and from 8 April 2020. 5. No compensation payable No compensation is payable to any person in relation to any loss arising from land becoming future potential production forest land. 6. Exchange of land (1) The Minister administering the Forest Management Act 2013 may request the Crown Lands Minister to consider the exchange of future potential production forest land for permanent timber production zone land. (2) Before making a request under subsection (1) , the Minister administering the Forest Management Act 2013 must obtain and have regard to information relating to – (a) the reasons for the request being made including whether the future potential production forest land specified in the request is required for the supply of forest products; and (b) the impact of the permanent timber production zone land specified in the request ceasing to be, or forming part of, permanent timber production zone land on the capacity of the Forestry corporation – (i) to meet the annual supply of veneer and sawlog; and (ii) to supply logs to the holder of a forestry compensation certificate in accordance with Part 5A of the Forest Management Act 2013 ; and (c) the size, location, valuation and conservation values of the future potential production forest land, and the permanent timber production zone land, that is the subject of the request; and (d) the implications of the exchange for the Forestry corporation's forest management certification. (3) In making a request under subsection (1) , the Minister administering the Forest Management Act 2013 must provide the Crown Lands Minister with the information obtained by the Minister administering the Forest Management Act 2013 under subsection (2) . (4) Before making a determination in relation to a request under subsection (1) , the Crown Lands Minister must obtain information from the Minister on the impact of the exchange on the area of land identified under the special species management plan as being available for special species timber harvesting and the production of special species timber. (5) In making a determination in relation to a request under subsection (1) , the Crown Lands Minister must have regard to the information provided under subsection (3) and the information obtained under subsection (4) and the impact of the exchange on the objectives for management of future potential production forest land specified in Schedule 3 . (6) The Crown Lands Minister may approve an exchange of future potential production forest land for permanent timber production zone land. (7) If the Crown Lands Minister approves the exchange referred to in subsection (6) , he or she must provide advice of his or her decision, in writing, to the Minister administering the Forest Management Act 2013 . (8) On receipt of advice under subsection (7) , the Minister administering the Forest Management Act 2013 must give effect to the exchange by making a relevant order under section 11A of the Forest Management Act 2013 . 7. Conversion of future potential production forest land and permanent timber production zone land (1) Not earlier than 8 April 2020, the Minister administering the Forest Management Act 2013 may request the Crown Lands Minister to consider the conversion of certain future potential production forest land to permanent timber production zone land. (2) Before making a request under subsection (1) , the Minister administering the Forest Management Act 2013 must obtain and have regard to information relating to – (a) the reasons for the request being made; and (b) the size, location, valuation and conservation values of the future potential production forest land that is the subject of the request; and (c) an assessment of forest resources within the future potential production forest land that is the subject of the request and the demand for those resources and an evaluation of the social and economic impacts of the conversion of that land; and (d) the Forestry corporation's intention to undertake native forest harvesting, on the land that is the subject of the request, consistent with its forest management certification; and (e) the implications of the land ceasing to be future potential production forest land for the Forestry corporation's forest management certification. (3) In making a request under subsection (1) , the Minister administering the Forest Management Act 2013 must provide the Crown Lands Minister with the information obtained by the Minister administering the Forest Management Act 2013 under subsection (2) . (4) Before making a determination in relation to a request under subsection (1) , the Crown Lands Minister must obtain information from the Minister on the impact of the conversion on the area of land identified under the special species management plan as being available for special species timber harvesting and the production of special species timber. (5) In making a determination in relation to a request under subsection (1) , the Crown Lands Minister must have regard to the information provided under subsection (3) and the information obtained under subsection (4) and the impact of the conversion on the objectives for management of future potential production forest land specified in Schedule 3 . (6) The Crown Lands Minister may approve the conversion of future potential production forest land to permanent timber production zone land. (7) If the Crown Lands Minister approves the conversion referred to in subsection (6) , he or she must provide advice of his or her decision, in writing, to the Minister administering the Forest Management Act 2013 . (8) On receipt of advice under subsection (7) , the Minister administering the Forest Management Act 2013 must give effect to the conversion by making a relevant order under section 11B of the Forest Management Act 2013 . (9) The Forestry corporation must only undertake native forest harvesting, in relation to land that is the subject of a conversion referred to in this section, consistent with its forest management certification. 8. Conversion of reserved land to future potential production forest land (1) If the Crown Lands Minister is satisfied that a reserve or part of a reserve specified in the proclamation made on 16 December 2013 (Statutory Rules 2013, No. 111) has been excluded from the World Heritage List, the Crown Lands Minister may, by order published in the Gazette, convert that reserve or part of that reserve to future potential production forest land. (2) On the making of an order under subsection (1) , the reserve or part of the reserve specified in the order ceases to be a reserve for the purposes of the Nature Conservation Act 2002 and becomes – (a) Crown land; and (b) future potential production forest land. (3) An order under subsection (1) is not a statutory rule for the purposes of the Rules Publication Act 1953 . 9. Continuation of leases, licences, &c. (1) In this section – burdening easement means an easement that burdens future potential production forest land; grantor means a Minister acting under an Act, a Government Business Enterprise or a State-owned company that granted a lease, licence, temporary licence, occupation permit or burdening easement referred to in subsection (2) . (2) This section applies to any lease, licence, temporary licence, occupation permit or burdening easement which was in force in respect of any future potential production forest land specified in clause 2 of Schedule 1 , other than statutory land, immediately before the commencement of section 4(2) . (3) This section does not apply to any lease or licence under the Mineral Resources Development Act 1995 . (4) On the commencement of section 4(2) , the Crown Lands Minister is substituted as a party to a lease, licence, temporary licence, occupation permit or burdening easement referred to in subsection (2) , that was granted by a grantor, in place of that grantor. (5) A reference to a grantor in a lease, licence, temporary licence, occupation permit or burdening easement referred to in subsection (2) that was granted by that grantor, is to be taken, on and after the commencement of section 4(2) , to be a reference to the Crown Lands Minister. (6) Any lease, licence, temporary licence, occupation permit or burdening easement referred to in subsection (2) which was administered by a grantor immediately before the commencement of section 4(2) is to be administered by the responsible Department in relation to the Crown Lands Act 1976 . (7) Notwithstanding anything in this Act and the Crown Lands Act 1976 – (a) a lease, licence, temporary licence, occupation permit or burdening easement referred to in subsection (2) continues in force in accordance with this section, after the commencement of section 4(2) , until it expires or is surrendered, released, discharged or terminated, as if section 4(2) had not commenced; and (b) the Crown Lands Minister – (i) may, in relation to a lease, licence, temporary licence, occupation permit or burdening easement referred to in subsection (2) , perform or exercise, in addition to any functions or powers under the Crown Lands Act 1976 or any other Act, the same functions or powers, including without limitation, functions and powers under any written law, that could have continued to be performed or exercised by a grantor if section 4(2) had not commenced; and (ii) has, in relation to a lease, licence, temporary licence, occupation permit or burdening easement referred to in subsection (2) , the same rights and obligations which a grantor would have continued to have if section 4(2) had not commenced. (8) Nothing in this section makes the Crown Lands Minister liable for any breach of a lease, licence, temporary licence, occupation permit or burdening easement referred to in subsection (2) that occurred before the commencement of section 4(2) . 10. Vesting of land held under Land Titles Act 1980 (1) In this section – non-vested land, in relation to an area of land that is comprised in a folio of the Register which includes vested land, means any part of that area of land that is not vested land; Recorder means the Recorder of Titles appointed pursuant to section 4(1) of the Land Titles Act 1980 ; Register has the same meaning as in the Land Titles Act 1980 ; vested land means land that is vested in the Crown pursuant to section 4(2)(a) . (2) This section applies where a folio of the Register includes both non-vested land and vested land. (3) As soon as practicable following the commencement of section 4(2) pursuant to which any land becomes vested land, the Crown Lands Minister is to cause the following documents to be lodged with the Recorder: (a) an application by the Crown to be the registered proprietor of the vested land in accordance with section 138A of the Land Titles Act 1980 ; (b) a plan, prepared by a registered surveyor in accordance with the requirements of the Recorder, that identifies the non-vested land and the vested land. PART 3 - Consent for Special Species Timber Harvesting 11. Application for approval to undertake special species timber harvesting in future potential production forest land (1) Not earlier than 3 years from the commencement of this Part, a person, other than the Forestry corporation, may apply to the Crown Lands Minister for approval to undertake special species timber harvesting in future potential production forest land. (2) The application is to contain – (a) a forest practices plan certified by the Forest Practices Authority under section 19 of the Forest Practices Act 1985 ; and (b) such other matters as may be provided by the regulations. (3) On receipt of an application under subsection (1) , the Crown Lands Minister is to consult with the Minister with regard to the application. (4) On receipt of an application under subsection (1) , the Crown Lands Minister must seek advice from – (a) the Minister administering the Forest Management Act 2013 as to whether the special species timber that is the subject of the application under subsection (1) can be supplied, at the time of the making of the application, from the permanent timber production zone land; and (b) the Minister as to whether harvesting will be consistent with the special species management plan. (5) In making a determination in relation to an application under subsection (1) , the Crown Lands Minister must have regard to the information provided under subsection (2) , the advice provided under subsection (4) and the objectives for management of future potential production forest land specified in Schedule 3 . (6) The Crown Lands Minister may approve an application under subsection (1) subject to such conditions as may be specified in the approval or refuse to approve such an application. (7) The Crown Lands Minister may only approve an application under subsection (1) if the Crown Lands Minister is satisfied that – (a) the special species timber that is the subject of the application under subsection (1) cannot be supplied, at the time of the making of the application, from the permanent timber production zone land; and (b) the special species timber harvesting will be consistent with the special species management plan. (8) The Crown Lands Minister may require the person to whom approval has been granted to pay such amounts as may be prescribed by the regulations to the Crown Lands Minister in relation to the harvesting of the special species timber specified in the approval. (9) The regulations may prescribe different amounts for such matters as are specified by the regulations. 12. Special species management plan (1) The Minister, after consultation with any person the Minister considers appropriate must, within 3 years from the commencement of this Part, cause a special species management plan to be made. (2) Before causing a special species management plan to be made, the Minister must, in relation to any future potential production forest land that the Minister intends to include in the plan, undertake an assessment of the conservation values of that land. (3) The special species management plan – (a) must specify – (i) the special species timber to which the plan applies; and (ii) the land to which the plan applies; and (iii) the established supply level of each species of special species timber in relation to the land taking into account the information referred to in paragraph (b) ; and (b) must contain information relating to – (i) the management of conservation values and other environmental values in relation to the harvesting of special species timber on that land; and (ii) the management of cultural and heritage values in relation to the harvesting of special species timber on that land; and (c) such other matters as the Minister may determine. (4) Before causing a special species plan to be made, the Minister must – (a) cause a draft of the special species management plan to be made available for public comment for a period of 42 days; and (b) advertise that the draft of the special species management plan has been made available for public comment. (5) When a draft of the special species management plan is made available for public comment, representations in relation to the draft may be submitted to the Minister by any person before the expiration of the public comment period referred to in subsection (4) . (6) As soon as practicable after receipt of representations in relation to the draft of the special species management plan, the Minister must consider the representations and, accept the draft, or accept the draft with such modifications as the Minister considers appropriate having regard to the representations. (7) The Minister must publish notice in the Gazette of the Minister's acceptance of the draft of the special species management plan and must make the special species management plan, as accepted by the Minister, publicly available. (8) The draft of the special species management plan accepted by the Minister in accordance with subsection (6) takes effect as a special species management plan on the date of the notice published in the Gazette under subsection (7) . (9) A notice referred to in subsection (7) is not a statutory rule for the purposes of the Rules Publication Act 1953 . 13. Amended special species management plan (1) The Minister may amend a special species management plan. (2) The amended special species management plan must contain the matters specified in section 12(3) . (3) If the Minister proposes to amend a special species management plan, the Minister must cause a draft of the amended special species management plan to be prepared and – (a) cause a copy of the draft amended special species management plan to be made available for public comment for a period of 42 days; and (b) advertise that the draft amended special species management plan has been made available for public comment. (4) If a draft amended special species management plan is made available for public comment, representations in relation to the draft amended special species management plan may be submitted to the Minister by any person before the expiration of the public comment period referred to in subsection (3) . (5) As soon as practicable after receipt of representations in relation to a draft amended special species management plan, the Minister must consider the representations and accept the draft amended special species management plan, or accept the draft amended special species management plan with such modifications as the Minister considers appropriate having regard to the representations. (6) The Minister must publish notice in the Gazette of the Minister's acceptance of the draft amended special species management plan and must make the amended special species management plan, as accepted by the Minister, publicly available. (7) A draft amended special species management plan accepted by the Minister in accordance with subsection (5) takes effect as an amended special species management plan on the date of the notice published in the Gazette under subsection (6) . (8) A notice referred to in subsection (6) is not a statutory rule for the purposes of the Rules Publication Act 1953 . PART 4 - Forest Management Act 2013 Amended 14. The amendments effected by this Part have been incorporated into the authorised version of the Forest Management Act 2013 . 15. The amendments effected by this Part have been incorporated into the authorised version of the Forest Management Act 2013 . 16. The amendments effected by this Part have been incorporated into the authorised version of the Forest Management Act 2013 . 17. The amendments effected by this Part have been incorporated into the authorised version of the Forest Management Act 2013 . 18. The amendments effected by this Part have been incorporated into the authorised version of the Forest Management Act 2013 . 19. The amendments effected by this Part have been incorporated into the authorised version of the Forest Management Act 2013 . 20. The amendments effected by this Part have been incorporated into the authorised version of the Forest Management Act 2013 . 21. The amendments effected by this Part have been incorporated into the authorised version of the Forest Management Act 2013 . 22. The amendments effected by this Part have been incorporated into the authorised version of the Forest Management Act 2013 . PART 5 - Forest Practices Act 1985 Amended 23. The amendments effected by this Part have been incorporated into the authorised version of the Forest Practices Act 1985 . 24. The amendments effected by this Part have been incorporated into the authorised version of the Forest Practices Act 1985 . PART 6 - Forest Practices Regulations 2007 Amended 25. The amendments effected by this Part have been incorporated into the authorised version of the Forest Practices Regulations 2007 . 26. The amendments effected by this Part have been incorporated into the authorised version of the Forest Practices Regulations 2007 . PART 7 - National Parks and Reserves Management Act 2002 Amended 27. The amendments effected by this Part have been incorporated into the authorised version of the National Parks and Reserves Management Act 2002 . 28. The amendments effected by this Part have been incorporated into the authorised version of the National Parks and Reserves Management Act 2002 . 29. The amendments effected by this Part have been incorporated into the authorised version of the National Parks and Reserves Management Act 2002 . PART 8 - Nature Conservation Act 2002 Amended 30. The amendments effected by this Part have been incorporated into the authorised version of the Nature Conservation Act 2002 . 31. The amendments effected by this Part have been incorporated into the authorised version of the Nature Conservation Act 2002 . 32. The amendments effected by this Part have been incorporated into the authorised version of the Nature Conservation Act 2002 . 33. The amendments effected by this Part have been incorporated into the au