Tasmanian Numbered Acts

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FOREST PRACTICES AMENDMENT (ADMINISTRATIVE REFORM) ACT 2004 (NO. 55 OF 2004) - SECT 64

Section 37A amended (Forest Practices Advisory Council)
Section 37A of the Principal Act is amended as follows:
(a) by omitting paragraph (a) from subsection (2) and substituting the following paragraphs:
(a) a person with knowledge or expertise in sustainable forest management; and
(ab) a person with knowledge of the State's resource management and planning system in relation to municipal areas in which forestry is a major land use, nominated by the Local Government Association of Tasmania; and
(ac) a person with expertise in, and operational experience of, forest harvesting or forest contracting; and
(b) by inserting in subsection (2)(e) ", jointly nominated by the Forest Industries Association of Tasmania and the Tasmanian Country Sawmillers Federation" after "processing" ;
(c) by inserting in subsection (2)(g) ", jointly nominated by the Tasmanian Farmers and Graziers Association and the Forest Industries Association of Tasmania" after "land" ;
(d) by omitting from subsection (3) "referred to in subsection (2)(b) , (c) , (d) , (e) , (f) and (g) " ;
(e) by inserting the following subsections after subsection (4) :
(5)  If a body that is responsible for making a membership nomination under subsection (2) changes its name, the Governor, by order, may amend that subsection by substituting the body's new name.
(6)  If a body that is responsible for making a membership nomination under subsection (2) ceases to exist, the Governor, by order, may amend that subsection by substituting the name of a body which the Governor is satisfied substantially represents the interests that were represented by the first-mentioned body.
(7)  If a body having sole responsibility for nominating a person for appointment to the Council under subsection (2) fails to discharge that responsibility within such reasonable period (of not less than 21 days) as the Minister allows when calling for the nomination, the Minister may make the appointment without further reference to that body.
(8)  If bodies having joint responsibility for nominating a person for appointment to the Council under subsection (2) fail to discharge that responsibility within such reasonable period (of not less than 28 days) as the Minister allows when calling for the nomination, the Minister may –
(a) if the failure is collective, make the appointment without further reference to those bodies; or
(b) if the failure is due to an act or omission of only one of those bodies, accept and act on a nomination from the other body.



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