New South Wales Consolidated Acts

FORESTRY ACT 2012 - SECT 66

66 Re-assessment of costs of compliance with direction

(1) Any dispute between the Minister and a land manager to whom a direction has been given under section 65 (being a dispute as to the cost to the land manager of complying with the direction) is to be referred to a committee constituted by one or more assessors.

(2) The assessor or assessors to constitute such a committee are to be suitably qualified persons appointed by agreement between the land manager and the Minister or, if no such agreement can be reached, by the Treasurer.

(3) In determining a dispute that has been referred to it under this section, a committee--

(a) must consider any representations made by the parties to the dispute, and

(b) must determine, on the basis of those representations and any other information available to it, the amount or a methodology by which the amount may be assessed as the efficient cost to the land manager of complying with the direction to which the dispute relates.

(4) The committee's decision on a dispute binds the parties to the dispute, but does not prevent the direction to which it relates from being withdrawn.

(5) The committee's decision as to the efficient costs is taken to be the amount of or the methodology for assessing costs for the purposes of the Minister's direction and the direction is accordingly varied from the date specified in the decision.