(1) A draft timber plantation (environment protection) harvesting code is to be prepared by the Director-General as soon as practicable after the commencement of this Part.(2) A Code must be approved by the Minister before it is finalised by the Director-General.(3) More than one such Code may be prepared.
(1) A Code may, for the purposes of protecting the environment, regulate the carrying out of harvesting operations on an accredited timber plantation.(2) In particular, a Code may deal with the following matters:(a) harvesting plans,(b) works ancillary to harvesting operations,(c) soil erosion and sediment control,(d) native animals and plants,(d1) threatened species, populations and ecological communities, and their habitats, within the meaning of the Threatened Species Conservation Act 1995 and critical habitats within the meaning of that Act,(e) Aboriginal relics and places,(f) post-harvest bush fire hazard reduction burning,(g) the circumstances in which compensation will be available in order to protect unique or special wildlife values, and matters relating to the provision of, and entitlement to, such compensation.(3) A Code may:(a) apply generally to all timber plantations or to a specified class of timber plantation, and(b) apply differently according to different factors, and(c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body.
(1) Except as provided by this Act, a Code may not contain provisions which are inconsistent with any Act applying to the carrying out of harvesting operations. Any such inconsistent provision in the Code is void.(2) In particular, the provisions of a Code may not be inconsistent with the provisions of the Soil Conservation Act 1938 or the Protection of the Environment Operations Act 1997 in their application to timber plantations.
(1) The regulations may adopt a Code in accordance with this Act.(2) A Code:(a) does not have any effect unless it is so adopted, and(b) is to be set out in the regulation that adopts it, and(c) ceases to have effect if the regulation that adopts it is repealed.(3) A Code may be amended by the regulations.
(1) The owner and manager of an accredited timber plantation must ensure that harvesting operations on the timber plantation are carried out in accordance with any Code applying to the timber plantation.(2) In the case of an accredited timber plantation which is a State Forest or other Crown timber land, this requirement is a condition of any relevant licence, lease or other authority (whether issued before or after the commencement of this section).
(1) The Director-General may appoint appropriately qualified public servants (or such other qualified persons as may be prescribed by the regulations) as timber plantation officers to investigate and report to the Director-General on whether a Code is being complied with.(2) For the purposes of exercising those functions, any such officer may, on giving reasonable notice to the owner or manager, enter an accredited timber plantation and require the owner or manager to provide such information as the officer requires.(3) The information that can be required by a timber plantation officer must relate to matters that are reasonably connected with the administration of this Act, or be information that is required for the purposes of determining whether this Act, or a Code, is being complied with. This does not extend to information of a commercially sensitive nature.(4) The owner or manager must not:(a) fail without reasonable excuse to provide the information required by the officer, or(b) provide information to the officer which the owner or manager knows is false or misleading in a material respect.
Maximum penalty: 10 penalty units.