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A Guide to Planning Approvals for Forestry in Tasmania Forestry in for a Guide to Planning Approvals Ii REGULATION of FORESTRY in TASMANIA

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A Guide to Planning Approvals for Forestry in Tasmania Forestry in for a Guide to Planning Approvals Ii REGULATION of FORESTRY in TASMANIA A guide to planning Prepared by the Local Government approvals for forestry in Tasmania Forestry Consultative Committee The Local Government Forestry Consultative Committee comprises: the Local Government Association of Tasmania, the Forest Practices Authority, the Department of Infrastructure, Energy and Resources, Forestry Tasmania, Private Forests Tasmania and the Forest Industries Association of Tasmania. First printed on Tasmanian paper June 2006 See final page for edition details All photos by the Forest Practices Authority, unless otherwise stated. Compiled and revised by Chris Grove, Forest Practices Authority Version 2.5, May 2017 Trim 2010/120938 CONTENTS Regulation of forestry in Tasmania 1 Frequently asked questions 2 The planning approval process for forestry 7 Where forestry can take place 8 Private timber reserves 10 Legislation and policy governing forestry in Tasmania 12 How the forest practices system regulates forestry 14 How the local government planning system regulates forestry 19 How to find out if you need a forest practices plan 22 Regulations for treefern harvesting 26 How to find out what threatened species or threatened native vegetation communities you have on your land 28 What to do if you want to manage your land for conservation 31 Arranging a forest practices plan 33 Objections, appeals and complaints 35 Glossary and abbreviations 37 Further information 39 Contacts 40 A guide to planning approvals for forestry in Tasmania forestry for in A guide to planning approvals ii REGULATION OF FORESTRY IN TASMANIA Forestry in Tasmania is regulated through two systems: at the state government level through the forest practices system and at the local government level through individual planning schemes. The forest practices system provides the standards (the Forest Practices Code) which must be met to provide reasonable protection for the cultural and natural values of the forest. The system is administered by the Forest Practices Authority and applies state-wide to all land. Forestry land use decisions are made at both the state and local government levels. At the state level, public land may be dedicated as state forest and private land may be gazetted as private timber reserves. The use of private land for forestry purposes is determined at the local government level through local government planning schemes. These schemes have been developed to reflect local conditions and so vary from council to council. What are forest practices? The Local Government Forestry Consultative The Forest Practices Act 1985 stipulates that a forest Committee has produced this booklet to provide practices plan is required for the following forest factual information for planners, foresters, practices, including land clearing: landowners and interested members of the Regulation of forestry in Tasmania Regulation of forestry in community. This booklet provides information • harvesting and regenerating native forest about the different and complementary roles • harvesting and/or establishing plantations the forest practices system and local government • clearing forests for other purposes planning schemes play in regulating forestry and • clearing and converting threatened native land clearing. It covers only the general principles vegetation communities of the local government planning system. Local • constructing roads and quarries for the councils can provide more detailed information above purposes about the specifics of their planning schemes. • harvesting tree ferns. In this booklet, forestry means forest practices. 1 FREQUENTLY ASKED QUESTIONS What is forest? The forest practices system fosters a co-regulatory A forest is an area containing trees (Forest Practices approach based on self-management by forest owners Act 1985). and the forest industry – the owners and the industry are responsible for ensuring that their forest practices What are trees? comply with the code – and government regulation A tree is any living or dead woody plant and through the FPA. More information can be found on includes seedlings and regrowth. page 14. What are forest practices? What is the Forest Practices Code? Forest practices include harvesting and (page 14) The code provides a set of legally enforceable regenerating native forest; harvesting and/or guidelines and standards to ensure reasonable establishing plantations; clearing forests for other protection of the natural and cultural values of the purposes; clearing and converting threatened forest during forest practices. The guidelines and native vegetation; constructing roads and quarries standards in the code cover accessing the forest for the above purposes; and harvesting treeferns (roads, bridges, quarries, etc.); harvesting timber; (Forest Practices Act 1985). conservation of natural and cultural values (soil How does the forest practices system and water, geomorphology, visual landscape, flora, regulate forestry? (page 14) fauna and cultural heritage); and establishing and The Forest Practices Authority (FPA) administers maintaining forests. The code can be downloaded the forest practices system, set up under the Forest from the FPA website: Practices Act 1985. Most forest practices require <www.fpa.tas.gov.au> a forest practices plan (FPP) which must be prepared in accordance with the Forest Practices Code (the code). Specialists within the FPA carry out research to improve the code and provide advice on FPPs being prepared for forests with special cultural and/or natural values. Forest Practices Officers (FPOs) prepare FPPs and supervise the implementation of these plans. They submit certificates detailing the compliance of forest practices with the plan to the FPA at the end of each stage of the FPP. A guide to planning approvals for forestry in Tasmania forestry for in A guide to planning approvals The FPA annually audits a representative sample of FPPs. The FPA has powers to issue notices, The Forest Practices Authority trains and authorises Forest 2 impose fines or take legal action to ensure Practices Officers who prepare Forest Practices Plans which compliance with the code. must be in accordance with the Forest Practices Code. What is a Forest Practices Officer? PRIVATE TIMBER RESERVES (page 15) FPOs are employed directly by the forest industry What is a private timber reserve? or engaged as consultants either by forest owners (page 10) or the forest industry to prepare and supervise A PTR is an area of private land that is dedicated FPPs. They are trained, authorised, directed to forestry. Forest practices in PTRs do not and monitored by the FPA. Selected FPOs are require approval from the local council but do authorised by the FPA to certify FPPs. A list of need a certified FPP. Private timber reserves give consultant FPOs is on the FPA website: <www.fpa. landowners long-term security that they will be tas.gov.au> able to manage their forests in the long term. What approval do I need to carry out forest How can I get my land declared a private practices on my land? (page 8 and 24) timber reserve? (page 11) If your land is a private timber reserve (PTR), you You apply to Private Forests Tasmania who will generally need a certified FPP. If your land process the application on behalf of the FPA. is not a PTR, you will generally need a certified The Board of the FPA approve or refuse the FPP and in addition you will need to contact your applications. council to see if you need to obtain a planning permit. Check the regulations on page 24 to see if How long will the declaration process take and what will it cost? (page 11) you need an FPP. The declaration process for PTRs can take Why do I need to get two approvals? Isn’t this between three and six months, depending upon just doubling up? (page 8) whether or not there are any objections to the The two approvals for forestry on private land application. An application fee is payable. Contact which is not a PTR are approving different things. Private Forests Tasmania for details. The local government approval is required to ensure that the forest practices you are proposing How can I find out if there is a private timber reserve registered on my land, my neighbour’s are in accordance with the local council’s planning land or land in my area? scheme. The certified FPP is required to ensure You can find out if land has a PTR on it from a that the forest practices you are proposing are title search and from maps via the LIST at in accordance with the standards set by the state <www.thelist.tas.gov.au> government in the Forest Practices Code. Forest practices within PTRs do not require further FOREST PRACTICES PLANS local government approval because these are exemptions within the Land Use Planning and What is a forest practices plan? Approvals Act 1993. Note that some forest practices (page 15) may not require an FPP (page 24). Forestry can be FPPs contain prescriptions and a map detailing an ‘as of right’ land use in certain zones in some how the planned forest practices will be conducted. planning schemes, in which case development FPPs must be prepared in accordance with the approval from the council is not necessary (page Forest Practices Code and must be certified by an FPO questions asked Frequently 19). Contact your council to find out about any before work starts. specific approvals in regard to the planning schemes they administer. How do I know if I need a forest practices plan for forest practices on my land? (page 24) Forest practices on all tenures require an FPP, except for a few exemptions. 3 Do I need a forest practices plan to harvest firewood for my own use or to cut down a few trees on my land? (page 24) The regulations about this are complex. Please check page 24 for full details. Do I need a forest practices plan to build a dam on my land? (page 22) Dam works authorised by a dam permit granted under the Water Management Act 1999 do not need an FPP.
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