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This is a Bill, not an Act. For current law, see the Acts databases.
TASMANIA
__________
FOREST PRACTICES AMENDMENT
(VALIDATION) BILL 2022
__________
CONTENTS
1. Short title
2. Commencement
3. Principal Act
4. Section 39 amended (Forest practices officers)
5. Section 43A inserted
43A. Directions by chief forest practices officers
6. Section 43 amended (Delegation by Authority)
7. Section 49 inserted
49. Validation of delegations
8. Repeal of Act
[Bill 13]-XI
2
FOREST PRACTICES AMENDMENT
(VALIDATION) BILL 2022
This Public Bill originated in the House of Assembly, and, having this day passed, is
now ready for presentation to the Legislative Council for its concurrence.
SHANE DONNELLY, Clerk of the House
3 May 2022
(Brought in by the Minister for Resources, the Honourable
Guy Barnett)
A BILL FOR
An Act to amend the Forest Practices Act 1985
Be it enacted by Her 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
Amendment (Validation) Act 2022.
2. Commencement
This Act commences on the day on which this
Act receives the Royal Assent.
[Bill 13] 3
Forest Practices Amendment (Validation) Act 2022
Act No. of 2022
s. 3
3. Principal Act
In this Act, the Forest Practices Act 1985* is
referred to as the Principal Act.
4. Section 39 amended (Forest practices officers)
Section 39 of the Principal Act is amended by
omitting subsections (3A), (3B) and (3C).
5. Section 43A inserted
After section 43 of the Principal Act, the
following section is inserted in Division 4:
43A. Directions by chief forest practices officers
(1) The chief forest practices officer -
(a) may give a direction to a forest
practices officer in relation to the
exercise or performance of a
function or power of the forest
practices officer under this Act;
and
(b) may give a direction to a forest
practices officer, or other person,
in relation to a function or power
of the Authority that has been
delegated to the forest practices
officer or person under
section 43.
_______________________________________________________________
*No. 48 of 1985
4
Forest Practices Amendment (Validation) Act 2022
Act No. of 2022
s. 5
(2) A direction under subsection (1) -
(a) to a forest practices officer in
relation to the performance or
exercise of -
(i) a function or power of the
forest practices officer; or
(ii) a function or power of the
Authority that has been
delegated to the forest
practices officer under
section 43; or
(b) to a person in relation to the
performance or exercise by the
person of a function or power of
the Authority that has been
delegated to the person under
section 43 -
may be a direction as to a policy, or
matters, to be considered by the forest
practices officer, or the person, before
performing or exercising the function or
power, but must not require the forest
practices officer or the person to make a
particular decision in performing or
exercising the function or power.
(3) Without limiting subsection (1) -
(a) a direction under that subsection
to a forest practices officer may
require the forest practices officer
to seek the advice of the chief
5
Forest Practices Amendment (Validation) Act 2022
Act No. of 2022
s. 6
forest practices officer before
performing or exercising -
(i) a function or power of the
forest practices officer; or
(ii) a function or power of the
Authority that has been
delegated to the forest
practices officer under
section 43; and
(b) a direction under that subsection
to a person may require the
person to seek the advice of the
chief forest practices officer
before performing or exercising a
function or power of the
Authority that has been delegated
to the person under section 43.
(4) A direction under subsection (1) may
specify a period, that is reasonable in all
the circumstances, in which the direction
is to be complied with.
6. Section 43 amended (Delegation by Authority)
Section 43 of the Principal Act is amended by
omitting subsection (4).
7. Section 49 inserted
After section 48 of the Principal Act, the
following section is inserted in Division 4:
6
Forest Practices Amendment (Validation) Act 2022
Act No. of 2022
s. 8
49. Validation of delegations
(1) In this section -
commencement day means the day on
which the Forest Practices
Amendment (Validation) Act
2022 commences.
(2) A delegation that, on a day (the relevant
day), before the commencement day, was
made, or purportedly made, by the
Authority under section 43, is taken to
be, and to always have been, validly
made on the relevant day.
8. Repeal of Act
This Act is repealed on the first anniversary of
the day on which it commenced.