Forest Practices Amendment Regulations 2009
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 Authority, make the following regulations under the Forest Practices Act 1985 .
16 November 2009PETER G. UNDERWOOD
Governor
By His Excellency's Command,
D. E. LLEWELLYN
Minister for Energy and Resources
These regulations may be cited as the Forest Practices Amendment Regulations 2009 .
These regulations take effect on the day on which their making is notified in the Gazette.
In these regulations, the Forest Practices Regulations 2007 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 definition after the definition of applicable land :associated development means development that is related to the construction or use of a building, or to the construction or use of a group of buildings, and includes the development of –(a) water, sewerage, gas, electrical, telecommunications and other services to be provided to the building or group of buildings; and(b) roads, footpaths and cycle paths; and(c) firebreaks; and(d) recreational facilities, including but not limited to parks and sportsgrounds; and(e) facilities to enable the commercial use of the building or group of buildings;(b) by omitting the definition of electricity infrastructure and substituting the following definition:electricity infrastructure has the same meaning as in the Electricity Supply Industry Act 1995 and includes –(a) communications equipment used for or in connection with such infrastructure; and(b) structures and works used for or in connection with such infrastructure or communications equipment; and(c) access tracks used for or in connection with such infrastructure, communications equipment or structures and works; and(d) structures and works used for or in connection with such access tracks;(c) by inserting the following definitions after the definition of infrastructure :mineral exploration activities means activities undertaken in the course of exploring, within the meaning of the Mineral Resources Development Act 1995 , for minerals within the meaning of that Act;mining activities means activities undertaken in the course of carrying out mining within the meaning of the Mineral Resources Development Act 1995 ;
5. Regulation 4 amended (Circumstances in which forest practices plan, &c., not required)
Regulation 4 of the Principal Regulations is amended as follows:(a) by omitting subparagraph (ii) from paragraph (d) ;(b) by omitting from paragraph (h) "paragraph." and substituting "paragraph;";(c) by inserting the following paragraphs after paragraph (h) :(i) the harvesting of timber or the clearing of trees on any land, or the clearance and conversion of a threatened native vegetation community on any land, in the course of mineral exploration activities, or mining activities, that are authorised under –(i) a permit granted under the Land Use Planning and Approvals Act 1993 ; or(ii) an exploration licence within the meaning of the Mineral Resources Development Act 1995 ; or(iii) a retention licence within the meaning of the Mineral Resources Development Act 1995 ; or(iv) a mining lease within the meaning of the Mineral Resources Development Act 1995 ;(j) the harvesting of timber or the clearing of trees on any land, or the clearance and conversion of a threatened native vegetation community on any land, for the purpose of enabling –if the construction of the buildings or carrying out of the associated development is authorised by a permit issued under that Act;(i) the construction of a building within the meaning of the Land Use Planning and Approvals Act 1993 or of a group of such buildings; or(ii) the carrying out of any associated development –(k) the harvesting of timber or the clearing of trees on any land, or the clearance and conversion of a threatened native vegetation community on any land, for the purpose of enabling –(i) the construction and maintenance of a railway within the meaning of section 3 of the Rail Infrastructure Act 2007 ; and(ii) the establishment of a buffer of land of the area necessary to provide safe vehicular access to the railway or necessary to protect such a railway from being damaged by falling timber;(l) the harvesting of timber or the clearing of trees on any land, or the clearance and conversion of a threatened native vegetation community on any land, to enable the construction and maintenance of electricity infrastructure, if –(i) there is an easement on the land that enables the electricity infrastructure to be constructed or used, or, if there is no such easement, if the owner of the land consents to the construction or maintenance of the infrastructure on the land; and(ii) the clearance and conversion is undertaken in accordance with an environmental management system endorsed by the Forest Practices Authority.
These Regulations are repealed on the ninetieth day from the day on which they commence.
Displayed and numbered in accordance with the Rules Publication Act 1953.
Notified in the Gazette on 25 November 2009
These regulations are administered by the Forest Practices Authority.
EXPLANATORY NOTE
(This note is not part of the regulation)
These regulations exempt, from the application of section 17(4) , (5) , (5A) and (5B) of the Forest Practices Act 1985 certain mineral exploration and mining activities; building and development for which a permit has been issued under the Land Use Planning and Approvals Act 1993 ; and the construction and maintenance of railways, electricity infrastructure and those buildings, structures, and access tracks that relate to a railway or electricity infrastructure.