Plantation Management – Regulation and Planning
Tasmania
Legislation
Tasmania: legislation in practice
The principal legislation regulating plantation development is the Forest Practices Act 1985.
Under this Act a forest practices system is created that regulates forest practices and operations on all land within Tasmania. The key requirement of the system is the certification, by a forest practices officer, of a forest practices plan prepared in accordance with a Forest Practices Code.
The forest practices plan process is used to both identify and protect natural and culture values. The process of preparing the plan is guided by the requirements of Code and administrative instructions.
An independent Forest Practices Authority (“the Authority”) administers the Act, an Advisory Council provides for stakeholder input and the day-to-day operation is the responsibility of the Chief Forest Practices Officer. The Authority also employs a number of specialised and general staff. A Forest Practice Tribunal is established by the Act to consider appeals on forest practice plans and private timber reserve applications.
The allocation of land to plantation use is regulated under a number of Acts. On private land the use and/or development of land for plantation purposes is subject to local government planning schemes created planning under the Land Use Planning and Approvals Act 1993. Most local government planning schemes require that a development approval is issued for the use of the land for plantation purposes, and may impose conditions on operations to establish or harvest plantations. In some cases plantation development does not required a development approval for the local government authority.
Under the Forest Practices Act 1985 a land owner can apply to have land declared a private timber reserve. Land declared is used for establishing forests, or growing or harvesting timber in accordance with the Forest Practices Code and such other activities which the Authority considers to be compatible with establishing forests, or growing or harvesting timber. As a private timber reserve nothing in a planning scheme affects forest operations conducted on the land and hence there is no requirement to obtain development approval to establish or harvest a plantation. As a private timber reserve any forest practice plan prepared for harvest must contain provisions for the restocking of the area after harvest.
Plantation development on State forest is not subject to the provisions of local government planning schemes.
In all situations, establishing or harvesting a plantation on a private timber reserve, on areas where a development approval has been granted, or on State forest, a certificated forest practices plan is required.
Under the Forestry Rights Registration Act 1990, on private land or State forest, it is possible to register a right securing the ownership of trees, a carbon sequestration right, and a right to establish, maintain or harvest, or maintain and harvest, trees. This means the trees and the land can have separate owners and each is able to sold or dealt with as the owner desires.
