Supplementary Order Paper No 238 (released 01 September 2008)

Supplementary Order Paper by clause reference

Clause 43: new section 160

Subsection (1)(a): to insert after land is a (line 8 on page 177) specified type of.

Subsection (1)(b): to omit 69 (line 11 on page 177) and substitute 68.

Subsection (3): to omit this subsection (lines 20 to 23 on page 177) and substitute the following subsection:

  • (3) If a notice has been given under subsection (1), the landowner of pre-1990 forest land on which there is a specified type of tree weed or, in the circumstances referred to in section 158, a third party may apply to the chief executive for the land to be declared exempt land.

Subsection (4)(c): to omit , including, if applicable, references to the relevant certificates of title (lines 31 and 32 on page 177).

Subsection (4)(d)(ii): to omit this subparagraph (line 35 on page 177) and substitute the following subparagraph:

  • (ii) a forest species growing on the land is a specified type of tree weed; and

Subsection (5): to omit this subsection (lines 5 to 13 on page 178) and substitute the following subsection:

  • (5) The chief executive must consider every application received under subsection (4) against the priorities in the relevant notice given under subsection (1) and—

    • (a) may declare the land, or any part of the land, to be exempt land, if satisfied that—

      • (i) the applicant is eligible to apply for the exemption under subsection (3); and

      • (ii) the land is pre-1990 forest land; and

      • (iii) the criteria specified in subsection (1) are met; and

    • (b) must, if the chief executive declares the land to be exempt land, notify the applicant accordingly.

Subsection (6): to omit harvesting (line 14 on page 178) and substitute clearing.

Subsection (7): to omit Land (line 18 on page 178) and substitute Any land.

Subsection (8)(a): to omit this paragaraph (lines 23 to 25 on page 178) and substitute the following paragaraph:

  • (a) the person must be treated as a person who has failed to submit an annual emissions return in respect of an activity listed in Part 1 of Schedule 3 when required to do so under this Act; and