Forest Practices Administrative Reform (Transitional and Consequential) Act 2004

Forest Practices Administrative Reform (Transitional and Consequential) Act 2004

An Act to provide for savings and transitional matters, and to amend certain legislation, consequent on the enactment of the Forest Practices Amendment (Administrative Reform) Act 2004, and to repeal section 32A of the Freedom of Information Act 1991

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:

1.   Short title

This Act may be cited as the Forest Practices Administrative Reform (Transitional and Consequential) Act 2004 .

2.   Commencement

This Act commences on the day on which the Forest Practices Amendment (Administrative Reform) Act 2004 commences.

3.   Savings and transitional

The savings and transitional provisions set out in Schedule 1 have effect.

4.   Consequential amendments

The legislation specified in Schedule 2 is amended as specified in that Schedule.

5.   Section 32A of Freedom of Information Act 1991 repealed

Section 32A of the Freedom of Information Act 1991 is repealed.

SCHEDULE 1 - Savings and transitional

Section 3

1.   Interpretation

In this Schedule –

commencement day means the day on which the Forest Practices Amendment (Administrative Reform) Act 2004 commences;

Council means the Forest Practices Advisory Council established under section 37A of the Forest Practices Act 1985 ;

existing member means –

(a) in respect of the reconstituted regulatory body, a person who was a member of that body immediately before the commencement day; and

(b) in respect of the Council, a person who, immediately before the commencement day, was a Council member referred to in paragraph (a), (e) or (g) of section 37A(2) of the Forest Practices Act 1985 ;

reconstituted regulatory body means the body, referred to in section 4AA of the Forest Practices Act 1985 , which –

(a) immediately before the commencement day, was named the "Forest Practices Board"; and

(b) is continuing, on and after the commencement day, as the "Forest Practices Authority".

2.   Continuation of reconstituted regulatory body's identity and rights

The corporate identity and rights of the reconstituted regulatory body are not affected by the change of its name or its reconstitution effected by the Forest Practices Amendment (Administrative Reform) Act 2004 .

3.   Membership of reconstituted regulatory body: termination of existing appointments

For the avoidance of doubt, the term of appointment of each existing member of the reconstituted regulatory body ceases on the commencement of the Forest Practices Amendment (Administrative Reform) Act 2004 but, if qualified, he or she is eligible to be appointed to the Board of Directors of that body as reconstituted by that Act.

4.   Membership of Forest Practices Advisory Council: termination of certain existing appointments

For the avoidance of doubt, the term of appointment of each existing member of the Council ceases on the commencement of the Forest Practices Amendment (Administrative Reform) Act 2004 but, if qualified, he or she is eligible to be nominated or appointed as a member of the Council after that commencement.

SCHEDULE 2 - Consequential amendments

Section 4

1.    Section 4(1) is amended by omitting "Forest Practices Board" from the definition of Forest Practices Code and substituting "Forest Practices Authority".

1.    Schedule 1 is amended by omitting

Forestry corporation established by the Forestry Act 1920 (other than that Division of the Forestry corporation known as the Forest Practices Board)

from Part 2 and substituting:

Forestry corporation established by the Forestry Act 1920

2.    Schedule 2 is amended by omitting

Forestry corporation established by the Forestry Act 1920 (other than that Division of the Forestry corporation known as the Forest Practices Board)

and substituting:

Forestry corporation established by the Forestry Act 1920

3.    Schedule 3 is amended by omitting

Forestry corporation established by the Forestry Act 1920 (other than that Division of the Forestry Corporation known as the Forest Practices Board)

and substituting:

Forestry corporation established by the Forestry Act 1920

4.    Schedule 4 is amended by omitting

Forestry corporation established by the Forestry Act 1920 (other than that Division of the Forestry corporation known as the Forest Practices Board)

and substituting:

Forestry corporation established by the Forestry Act 1920

1.    Section 33 is amended as follows:

(a) by omitting "Forest Practices Board" from the definition of affected owner and substituting "Forest Practices Authority";

(b) by omitting the definition of Forest Practices Board and substituting the following definition:

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

2.    Section 44 is amended as follows:

(a) by omitting from subsection (7) "Forest Practices Board" and substituting "Forest Practices Authority";

(b) by omitting from subsection (8) "Forest Practices Board" three times occurring and substituting "Forest Practices Authority";

(c) by omitting from subsection (8)(a) "that Board" and substituting "that Authority";

(d) by omitting from subsection (8)(b) "that Board" and substituting "that Authority";

(e) by omitting from subsection (8)(c) "that Board" and substituting "that Authority";

(f) by omitting from subsection (8)(d) "that Board" and substituting "that Authority";

(g) by omitting from subsection (9) "Forest Practices Board" and substituting "Forest Practices Authority".

1.    Clause 21 of Schedule 1 is amended by omitting "Forest Practices Board" and substituting "Forest Practices Authority".

1.    Section 3 is amended by omitting the definition of Forest Practices Board and substituting the following definition:

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

2.    Section 6(1) is amended as follows:

(a) by omitting from paragraph (c) "Forest Practices Board" and substituting "Forest Practices Authority";

(b) by omitting from paragraph (g) "Forest Practices Board" and substituting "Forest Practices Authority".

[Second reading presentation speech made in:

House of Assembly on 28 OCTOBER 2004

Legislative Council on 18 NOVEMBER 2004]