New South Wales Consolidated Acts

PLANTATIONS AND REAFFORESTATION ACT 1999

- As at 14 July 2023 
- Act 97 of 1999 

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Objects of Act
   4.      Definitions
   5.      Definition of plantation
   6.      Exempt farm forestry
   7.      Land excluded from operation of Act

   PART 2 - AUTHORISATION OF PLANTATIONS

   8.      Purposes of authorisation
   9.      Offence with respect to unauthorised plantations
   10.     Classes of authorised plantations
   11.     Application for authorisation of plantation or proposed plantation
   12.     Determination of applications for authorisation
   13.     Provisions relating to complying plantations
   14.     Provisions relating to non-complying plantations
   15.     Provisions relating to threatened species conservation
   16.     (Repealed)
   17.     Provisions relating to plantations already established
   17A.    Notification of change in ownership or management of plantation
   17B.    Changes in ownership and management not affecting authorisation of plantations
   17C.    Changes in ownership and management affecting authorisation of plantations
   18.     Time within which applications for authorisation to be determined
   19.     Related regulatory approvals for authorised plantations
   20.     Conditions of authorisations
   21.     Duration of authorisation
   22.     Cancellation of authorisation
   23.     Public register relating to authorisations
   24.     Appeals to Land and Environment Court

   PART 3 - PLANTATIONS AND REAFFORESTATION CODE

   25.     Preparation of Code
   26.     Public consultation
   27.     Content of Code
   28.     The Code not to be inconsistent with laws applying to plantations
   29.     Making and amendment of Code by regulations
   30.     Review of Code
   31.     Compliance with Code

   PART 4 - PROTECTION OF UNIQUE OR SPECIAL WILDLIFE VALUES OF AUTHORISED PLANTATIONS

   32.     Meaning of unique or special wildlife values
   33.     Requirement to give notice of likely impact on unique or special wildlife values
   34.     Evaluation of impact on unique or special wildlife values
   35.     Determination of Minister after receipt of report
   36.     Availability of compensation in respect of harvesting operations on timber plantations
   37.     Procedure if parties fail to agree on compensation
   38.     Powers to acquire land not affected

   PART 5 - FINANCIAL CONTRIBUTION FOR TRANSPORT INFRASTRUCTURE EXPENDITURE FOR TIMBER PLANTATIONS

   39.     Transport infrastructure expenditure to which Part applies
   40.     Regional committees
   41.     Regional contribution plans
   42.     Obligation to make financial contribution
   43.     Liability for payment of financial contribution
   44.     Payment of financial contributions
   45.     Financial contributions to be paid into regional accounts
   46.     Charge on land to secure payment of financial contribution

   PART 6 - APPLICATION OF OTHER LEGISLATION

   47.     Plantation operations and exempt farm forestry not subject to EPA Act
   48.     Plantation operations not subject to certain provisions of National Parks and Wildlife Act 1974 and Biodiversity Conservation Act 2016
   49.     Plantation operations not subject to certain provisions of Fisheries Management Act 1994
   50.     Plantation operations not subject to certain provisions of Heritage Act 1977
   51.     Plantation operations not subject to certain orders under the Local Government Act 1993
   52.     Plantation operations not subject to certain provisions of the Water Management Act 2000
   53.     Plantation operations not subject to notices under Soil Conservation Act 1938
   54.     Plantation operations on unformed Crown roads
   55.     Orders and instruments for protecting Aboriginal objects and places
   56.     Plantation operations subject to Code and other laws

   PART 7 - ENFORCEMENT

   57.     Civil enforcement--Land and Environment Court
   58.     Minister may make stop work order
   59.     Directions for remedial work
   60.     Appeals under this Part
   61.     Appointment of authorised officers
   61A.    Powers of entry and inspection
   61B.    Power to obtain information
   61C.    Offences in respect of authorised officers
   61D.    Protection from personal liability
   62.     Penalty notices
   63.     Evidence
   64.     Proceedings for offences

   PART 8 - MISCELLANEOUS

   65.     Act binds Crown
   66.     Notes
   67.     Delegation
   68.     Plantation certificates
   69.     Service of notices
   70.     Regulations
   71.     Repeal of Timber Plantations (Harvest Guarantee) Act 1995 No 92 and regulation under that Act
   72.     (Repealed)
   73.     Savings, transitional and other provisions
   74.     Review of Act
           SCHEDULE 1
           Schedule 2 (Repealed)
           SCHEDULE 3