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Statutes of Newfoundland and Labrador 2008



(Assented to December 18, 2008)


        1.   S.27 Amdt.
Cutting permit

Be it enacted by the Lieutenant-Governor and House of Assembly in Legislative Session convened, as follows:

RSNL1990 cF-23
as amended

        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             (3)  Subsection 27(6) of the Act is repealed and the following substituted: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.

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