Forest Practices (Private Timber Reserves Validation) Act 1999

Forest Practices (Private Timber Reserves Validation) Act 1999

An Act to validate certain private timber reserves and private timber reserve applications

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 (Private Timber Reserves Validation) Act 1999 .

2.   Commencement

This Act commences on the day on which this Act receives the Royal Assent.

3.   Interpretation

In this Act –

application means an application under section 5(1) of the Forest Practices Act 1985 made before the commencement day;

Board means the Forest Practices Board;

commencement day means the day on which this Act commences.

4.   Validation of existing private timber reserves

(1)  Any land that, before the commencement day, was declared or purportedly declared as a private timber reserve by the Governor under section 11(1) of the Forest Practices Act 1985 is taken to have been validly declared as a private timber reserve under and for the purposes of that Act.

(2)  Subsection (1) has effect subject to any finding or order of a court or tribunal made before the commencement day.

5.   Validation of certain actions relating to applications pending

(1)  A power or function that a person exercised or performed or purportedly exercised or performed before the commencement day in relation to an application, pursuant to a delegation or purported delegation by the Board, is taken to have been validly exercised or performed by that person as a delegate of the Board.

(2)  A power or function that a person exercised or performed or purportedly exercised or performed before the commencement day in relation to an application, pursuant to an authorisation or purported authorisation to act on behalf of the Board, is taken to have been validly exercised or performed by the Board.

(3)  Subsections (1) and (2) have effect subject to any finding or order of a court or tribunal made before the commencement day.

6.   Administration of Act

Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990  –

(a) the administration of this Act is assigned to the Minister for Infrastructure, Energy and Resources; and

(b) the department responsible to the Minister for Infrastructure, Energy and Resources in relation to the administration of this Act is the Forest Practices Board.