Forest Practices Amendment Regulations 2001

Forest Practices Amendment Regulations 2001

I, the Governor in and over the State of Tasmania and its Dependencies in the Commonwealth of Australia, acting with the advice of the Executive Council and on the recommendation of the Forest Practices Board, make the following regulations under the Forest Practices Act 1985 .

20 December 2001

G. S. M. GREEN

Governor

By His Excellency's Command,

P. A. LENNON

Minister for Infrastructure, Energy and Resources

1.   Short title

These regulations may be cited as the Forest Practices Amendment Regulations 2001 .

2.   Commencement

These regulations take effect on 1 January 2002.

3.   Principal Regulations

In these regulations, the Forest Practices Regulations 1997 are referred to as the Principal Regulations.

4.    Regulation 3 amended (Interpretation)

Regulation 3 of the Principal Regulations is amended as follows:

(a) by inserting the following definitions after the definition of Act :

applicable land means –

(a) in relation to Crown land and State forest, any land that is not within 100 metres of any other Crown land or State forest that is subject to forest practices; and

(b) in relation to any other land, any land recorded as one valuation on the valuation roll under section 23(1) of the Land Valuation Act 1971 ;

Crown land means Crown land as defined in section 2 of the Crown Lands Act 1976 ;

infrastructure includes roads, fences and buildings;

(b) by omitting the definition of property and substituting the following definitions:

public road means –

(a) a State highway as defined in section 3 of the Roads and Jetties Act 1935 ; and

(b) a subsidiary road as defined in section 3 of the Roads and Jetties Act 1935 ; and

(c) a country road as defined in section 3 of the Roads and Jetties Act 1935 ; and

(d) a highway under local management within the meaning of section 4(6) of the Local Government (Highways) Act 1982 ;

State forest means State forest within the meaning of the Forestry Act 1920 ;

(c) by omitting paragraph (a) from the definition of vulnerable land ;

(d) by omitting "40 metres of a Class 1, 2 or 3 watercourse" from paragraph (b) of the definition of vulnerable land and substituting "a streamside reserve or a machinery exclusion zone";

(e) by omitting "26°" from paragraph (c) of the definition of vulnerable land and substituting "the landslide threshold slope angles within the meaning of the Forest Practices Code";

(f) by omitting paragraph (e) from the definition of vulnerable land ;

(g) by omitting " Threatened Species Protection Act 1995 ;" from paragraph (f) of the definition of vulnerable land and substituting " Threatened Species Protection Act 1995 ; or";

(h) by inserting the following paragraphs after paragraph (f) in the definition of vulnerable land :

(g) contains vulnerable karst soils within the meaning of the Forest Practices Code; or

(h) contains areas of trees reserved from the harvesting of timber or the clearing of trees under a forest practices plan in which the period specified in the plan has expired.

(i) by omitting the definitions of water supply catchment and water supply intake .

5.    Regulation 5 substituted

Regulation 5 of the Principal Regulations is rescinded and the following regulation is substituted:

5.   Forest practices plan not required

(1)  For the purpose of section 17(6) of the Act, the following circumstances are prescribed:

(a) the harvesting of timber or the clearing of trees on land that is not vulnerable land, with the consent of the owner of that land, if –

(i) the volume of timber harvested or trees cleared is less than 100 tonnes for each area of applicable land for each year; or

(ii) the total area of land on which the harvesting or clearing occurs is less than one hectare for each area of applicable land for each year –

whichever is the lesser;

(b) the harvesting of timber or the clearing of trees on vulnerable land, with the consent of the owner of that land, if necessary to protect public safety or to maintain existing infrastructure if the volume of timber harvested or trees cleared is less than 5 tonnes for each area of applicable land for each year or the total area of land upon which the harvesting or clearing occurs is less than one hectare for each area of applicable land for each year, whichever is the lesser;

(c) the harvesting of timber or the clearing of trees on any land for the following purposes:

(i) easements for powerlines;

(ii) gas pipelines;

(iii) public roads;

(d) the establishment of trees on land that has not contained trees in the immediately preceding 5 year period if –

(i) establishing the trees does not involve the construction of a road or the operation of a quarry; and

(ii) the relevant area of land is less than 10 hectares for each area of applicable land for each year;

(2)  Subregulation (1)(a) and (b) do not apply to the harvesting of tree ferns or the clearing of tree ferns.

Displayed and numbered in accordance with the Rules Publication Act 1953.

Notified in the Gazette on 26 December 2001

These regulations are administered by the Forest Practices Board.

EXPLANATORY NOTE

(This note is not part of the regulation)

These regulations amend the Forest Practices Regulations 1997 by prescribing certain circumstances in which certain private forest practices may be carried out without a certified forest practices plan.