Part 2 Timber harvest guarantee
Division 1 Harvesting operations on accredited timber plantations
8 Harvesting operations not subject to Parts 4 and 5 of the EPA Act
(1) Development consent under Part 4 of the EPA Act is not required for harvesting operations on an accredited timber plantation.(2) Part 5 of the EPA Act does not apply in respect of the carrying out of harvesting operations on an accredited timber plantation (including the giving of any approval to carry out those operations).(3) Harvesting operations carried out on an accredited timber plantation cannot be prohibited or restricted by an environmental planning instrument (whether made before or after the commencement of this section) under the EPA Act.
9 Harvesting operations not subject to certain provisions of NPW Act, Threatened Species Conservation Act 1995 and Heritage Act 1977
(1) A person carrying out harvesting operations on an accredited timber plantation is exempt from the following provisions of the NPW Act:(a) section 98 (2) (relating to protected fauna),(b) section 99 (1) (relating to threatened interstate fauna),(c) section 117 (relating to native plants),(d) section 118A (relating to threatened species, populations and ecological communities),(e) section 118C (relating to critical habitats),(f) section 118D (relating to the habitat of a threatened species, population or ecological community).(2) Subsection (1) exempts the person only:(a) if the harvesting operations are carried out in accordance with the Code (or Codes) applying to the timber plantation, and(b) in relation to things that are reasonably connected with the carrying out of the harvesting operations.(3) An interim protection order (within the meaning of the NPW Act or the Threatened Species Conservation Act 1995) may not be made so as to prevent or interfere with the carrying out of harvesting operations on an accredited timber plantation.(4) An order under Division 1 (stop work orders) of Part 6A of the NPW Act or Division 1 (stop work orders) of Part 7 of the Threatened Species Conservation Act 1995 may not be made so as to prevent or interfere with the carrying out of harvesting operations on an accredited timber plantation.(5) An interim heritage order cannot be made under the Heritage Act 1977, and listing on the State Heritage Register under that Act cannot be effected, so as to prevent or interfere with the carrying out of harvesting operations on an accredited timber plantation.(6) However, nothing in this section affects the making of any such order or instrument that is made for the purpose of protecting any Aboriginal relic or place specified in a Code applying to the timber plantation concerned.
10 Harvesting operations not subject to certain orders under the Local Government Act 1993
A local council may not give an order under section 124 of the Local Government Act 1993 so as to prevent or interfere with the carrying out of harvesting operations on an accredited timber plantation.
11 Harvesting operations subject to Codes and other laws
Harvesting operations on an accredited timber plantation are subject to the Code (or Codes) applying to the timber plantation and, except as provided by this Act, are subject to the provisions of any other law that relate to the management or harvesting of timber.
Division 2 Accreditation of timber plantations
12 Application for accreditation of timber plantation or proposed timber plantation
(1) The owner or manager of a timber plantation, or of any area or areas of land on which it is proposed to establish a timber plantation, may apply to the Director-General for the accreditation of the timber plantation or proposed timber plantation under this Part, whether or not the timber plantation has been established at the time of application.(2) An application for accreditation must:(a) be in such form, and be accompanied by such fee, as the Director-General may determine, and(b) identify the area or areas of land comprising the timber plantation or proposed timber plantation by way of a map or other suitable means, and(c) be accompanied by such particulars and supporting evidence relating to the timber plantation or proposed timber plantation as may be required by the Director-General, and(d) in the case of an application for the accreditation of a timber plantation that has not been established, be accompanied by proof of any consent granted under the EPA Act, any law dealing with native vegetation management and control, or any other relevant law, in relation to the establishment of the timber plantation.
13 Determination of applications for accreditation
(1) Within 60 days after receiving an application for accreditation, the Director-General is to determine the application:(a) by accrediting the timber plantation or proposed timber plantation concerned, or(b) by refusing to accredit the timber plantation or proposed timber plantation.(1A) The accreditation of a proposed timber plantation may be granted subject to conditions relating to the manner in which the proposed timber plantation is to be established.(2) Written notice of the Director-General’s decision is to be given to the owner or manager of the timber plantation or proposed timber plantation as soon as practicable after the decision is made.(3) Without limiting subsection (1), the Director-General may refuse to accredit the timber plantation or proposed timber plantation if the Director-General makes a determination that:(a) it has not been established, or is not being established, in accordance with the requirements of the EPA Act and any other relevant law, or(b) it has been, or is being, established in contravention of any law dealing with native vegetation management and control that applies to the timber plantation.(3A) Without limiting subsection (1), the Director-General must not accredit a timber plantation that has not been established unless any consent required under the EPA Act, any law dealing with native vegetation management and control, or any other relevant law, in relation to the establishment of the proposed timber plantation has been obtained.(4) To avoid doubt, the accreditation of a timber plantation or proposed timber plantation is not to be regarded for the purposes of any law as an approval under Part 5 of the EPA Act, and the Director-General is not a determining authority for the purposes of that Part when granting an accreditation.
14 Certificate of accreditation
(1) The Director-General is to issue a certificate to the owner or manager of each timber plantation or proposed timber plantation accredited under this Part.(2) Such a certificate is:(a) to be in a form approved by the Director-General, and(b) to specify the date on which the accreditation was granted.
(1) The accreditation of a timber plantation or proposed timber plantation remains in force unless it is cancelled by the Director-General.(2) Any change in the ownership or management of an accredited timber plantation or proposed timber plantation does not affect the accreditation of the timber plantation or proposed timber plantation.(3) The harvesting of an accredited timber plantation, or the removal or replanting of trees from or on the plantation, does not, subject to section 16, affect the accreditation of the timber plantation.
16 Cancellation of accreditation
(1) The accreditation of a timber plantation (or any part of the timber plantation) may be cancelled by the Director-General at the request of the owner of the timber plantation or if the Director-General is satisfied:(a) that there has been a significant breach of the provisions of the Code (or Codes) applying to the timber plantation and that such a breach has not been remedied, or(b) that the timber plantation has been abandoned, or(b1) that the cancellation of accreditation is necessary to protect unique or special wildlife values and that compensation has been paid to the owner of the timber plantation in accordance with the Code in order to protect those wildlife values, or(c) that harvesting operations have been completed and the area of land concerned is not intended to be continued as a timber plantation.(1A) In addition, the accreditation of a timber plantation (or any part of a timber plantation) that was not established at the time of its accreditation may be cancelled by the Director-General if the Director-General is satisfied:(a) that the timber plantation has not been established, or is not being established, in accordance with the requirements of the EPA Act or any other relevant law, or(b) that the timber plantation has been, or is being, established in contravention of any law dealing with native vegetation management and control that applies to the timber plantation.(1B) In addition, the accreditation of a timber plantation (or any part of a timber plantation) that was not established at the time of its accreditation must be cancelled by the Director-General on a date that is 3 years after the date of the grant of accreditation unless, before that date:(a) the Director-General has been notified by the owner or manager of the timber plantation that the planting of trees forming the timber plantation has been completed, and(b) the Director-General is satisfied, either by the evidence provided by the owner or manager or by his or her own investigations, that the planting of trees forming the timber plantation has been completed in accordance with any conditions of the accreditation imposed under section 13 (1A).(2) Cancellation of accreditation takes effect when a written notice by the Director-General of the cancellation is served on the owner of the timber plantation or proposed timber plantation.(3) Nothing in this section (subsection (1) (b1) excepted) prevents the accreditation of a timber plantation that is re-established on the land or the accreditation of any proposed timber plantation to be established on the land.
(1) The owner or manager of a timber plantation or proposed timber plantation may, in writing, request the Minister to review a decision of the Director-General:(a) not to accredit the timber plantation or proposed timber plantation, or(b) to cancel the accreditation of the timber plantation or proposed timber plantation.(2) Any such request can only be made within 60 days after notice of the decision was served on the owner or manager of the timber plantation or proposed timber plantation.(3) The Minister may, in reviewing the decision:(a) confirm the Director-General’s decision to refuse accreditation or to cancel accreditation, or(b) direct the Director-General to accredit the timber plantation or proposed timber plantation, or(c) revoke the Director-General’s decision to cancel accreditation and direct the Director-General to reinstate the accreditation.(4) The Director-General must give effect to any such direction by the Minister.
18 Notification of accredited timber plantations
(1) The Director-General must, when a timber plantation or proposed timber plantation is accredited, cause a notice to be published in the Gazette of the accreditation. Such a notice must identify the timber plantation or proposed timber plantation and include details describing its location.(2) The Director-General is to maintain a register of accredited timber plantations.(3) The register is:(a) to include the details referred to in subsection (1), and(b) to be made available for inspection by any person without charge at the head office of the Department of Urban Affairs and Planning during ordinary office hours.