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First Session, 46th General Assembly 57 Elizabeth II, 2008 |
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AN ACT TO AMEND THE FORESTRY ACT
NO. 2 |
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Received and Read the First Time................................................................... |
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Second
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Committee...................................................................................................... |
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Third
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Royal Assent................................................................................................... |
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HONOURABLE
KATHY DUNDERDALE Minister of Natural Resources |
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Ordered to be printed by
the Honourable House of Assembly |
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EXPLANATORY NOTES Clause 1 of the Bill would amend the Forestry Act to give the minister the authority to consider, when issuing a cutting permit for the harvest of Crown timber, whether the applicant for the permit had harvested timber he or she was permitted to harvest under a permit previously issued. The amendment would also allow the minister to consider whether an applicant for a permit has the means to harvest or process the timber he or she is applying to cut. Further, in clause 1 of the Bill, the Act would be amended to clarify that there is no right of renewal of a cutting permit, nor does right exist where cutting permits have been issued to a permittee in the past. Clause 1(3) of the Bill would also provide that no compensation is owed to a person and that no cause of action arises solely as a result of this amendment. Clause 1 of the Bill would also repeal subsection 27(6) of the Act which is ambiguous, and substitute a provision to clarify that a beneficial interest in a cutting permit is not assignable, transferable or subject to sale in any way. |
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A BILL AN ACT TO AMEND THE FORESTRY ACT NO. 2 Analysis 1.
S.27 Amdt. Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows: RSNL1990 cF-23 1. (1) Section 27 of the Forestry Act is amended by adding immediately after subsection (1) the following: (1.1) In considering whether to issue a cutting permit under this section, the minister may take into consideration the fact that the person applying for the permit (a) failed to cut timber he or she was authorized to cut under a permit given to him or her previously; and (b) does not have, personally, a means to harvest
or process the timber that the permit would authorize him or her to cut. (2) Section 27 of the Act is amended by adding immediately after subsection (5) the following: (5.1) Where a cutting permit is or has been issued under this section, that issuance shall not create a right or expectation in a permitee for the renewal of that cutting permit, and does not in any case create a right of renewal of a cutting permit. (5.2) A person who, having been issued a cutting permit, believes he or she had a right to the renewal of the permit does not have a cause of action against the Crown and no compensation is owed to him or her by the Crown solely as a result of the passage of subsection (5.1). (3) Subsection 27(6) of the Act is repealed and the following substituted: (6) A beneficial interest in a cutting permit is not assignable, transferable or subject to sale in any way. ŠEarl G. Tucker, Queen's Printer |