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Contents (2012 - 96)
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Forestry Act 2012 No 96
Current version for 11 October 2019 to date (accessed 2 April 2020 at 06:11)
Part 5 Division 3
Division 3 Provision of services and facilities for non-forestry purposes
64   Agreement to provide services and facilities
(1)  The land manager of a forestry area may enter into an agreement with the Minister under which the land manager agrees to provide, or facilitate the provision of, services and facilities in the area for the benefit of persons who use the area otherwise than to carry out forestry operations.
(2)  Such services and facilities may include, but are not limited to, fire protection measures, the establishment and maintenance of roads and the management of recreational areas.
(3)  An agreement under this section is to provide for the land manager to be reimbursed for the costs of providing or facilitating the provision of services and facilities under the agreement.
65   Direction to provide services and facilities
(1)  The Minister may direct the land manager of a forestry area to provide or facilitate the provision of services and facilities in the area that the Minister is satisfied are for the benefit of persons who use the area otherwise than to carry out forestry operations.
(2)  Any such direction—
(a)  must specify the services or facilities to which the direction relates, and
(b)  must specify the amount or a methodology by which that amount may be assessed by the Minister as the estimated cost to the land manager of complying with the direction, and
(c)  must specify arrangements for the payment to the land manager of an amount equivalent to the costs assessed by the Minister, as referred to in paragraph (b), or, if the land manager disputes that assessment, the costs assessed under section 66, and
(d)  may require the land manager to publish the direction in the manner specified in the direction.
(3)  Before making a direction under this section, the Minister must—
(a)  consult with the land manager concerned, and
(b)  give the land manager written notice of the criteria on which the estimated efficient costs of complying with the direction are to be assessed.
(4)  A land manager must comply with a direction given to the land manager under this section.
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.