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.