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New South Wales
Plantations and Reafforestation
Amendment Bill 2010
Contents
Page
1 Name of Act 2
2 Commencement 2
Schedule 1 Amendment of Plantations and Reafforestation
Act 1999 No 97 3
b2008-079-04.d21
New South Wales
Plantations and Reafforestation
Amendment Bill 2010
No , 2010
A Bill for
An Act to amend the Plantations and Reafforestation Act 1999 to make further
provision with respect to the authorisation of plantations; and for other purposes.
Clause 1 Plantations and Reafforestation Amendment Bill 2010
The Legislature of New South Wales enacts: 1
1 Name of Act 2
This Act is the Plantations and Reafforestation Amendment Act 2010. 3
2 Commencement 4
This Act commences on a day or days to be appointed by proclamation. 5
Page 2
Plantations and Reafforestation Amendment Bill 2010
Amendment of Plantations and Reafforestation Act 1999 No 97 Schedule 1
Schedule 1 Amendment of Plantations and 1
Reafforestation Act 1999 No 97 2
[1] Section 3 Objects of Act 3
Insert "best practice" after "codify" in section 3 (c). 4
[2] Section 4 Definitions 5
Insert in alphabetical order in section 4 (1): 6
authorised officer means a person appointed under section 61. 7
Department means the Department of Industry and Investment. 8
Director-General means the Director-General of the 9
Department. 10
[3] Section 6 Exempt farm forestry 11
Omit section 6 (1) (a) and (b). Insert instead: 12
(a) the total area in which plantation operations of any kind are 13
carried out on the farm does not exceed 30 hectares at any 14
one time, 15
(b) any clearing of native vegetation (within the meaning of 16
the Native Vegetation Act 2003) is exempt from the 17
requirement under section 12 of that Act that the clearing 18
be in accordance with a development consent or a property 19
vegetation plan, 20
(b1) any clearing of State protected land which is subject to the 21
provisions of the Native Vegetation Conservation Act 1997 22
(1997 Act) because of the operation of clause 4 of 23
Schedule 3 to the Native Vegetation Act 2003 (2003 Act) 24
and the regulations under the 2003 Act is exempt from any 25
requirement under Part 2 of the 1997 Act for development 26
consent, 27
[4] Section 9 Offence with respect to unauthorised plantations 28
Omit section 9 (1) (b). 29
[5] Section 9 (4) 30
Omit the definition of ancillary plantation operations. Insert instead: 31
ancillary plantation operations means plantation operations that 32
are ancillary to: 33
(a) the carrying out of development in accordance with 34
development consent under Part 4, or in accordance with 35
Page 3
Plantations and Reafforestation Amendment Bill 2010
Schedule 1 Amendment of Plantations and Reafforestation Act 1999 No 97
the requirements of Part 5, of the Environmental Planning 1
and Assessment Act 1979, or 2
(b) the carrying out of an approved project within the meaning 3
of Part 3A of that Act, 4
but only if the development or project does not comprise mainly 5
plantation operations. 6
[6] Section 9 (4) 7
Omit the definition of existing plantation. 8
[7] Section 9 (4), Note 9
Insert after the subsection: 10
Note. Provisions relating to plantations authorised under other laws 11
before the commencement of this section (existing plantations) are 12
contained in clause 6 of Schedule 3. 13
[8] Section 12 Determination of applications for authorisation 14
Omit section 12 (3). Insert instead: 15
(3) Written notice of the Minister's decision to grant an application 16
is also to be given, within 40 days after the decision is made: 17
(a) to the council of any local government area within which 18
the plantation or proposed plantation is situated, and 19
(b) to the Minister administering the Crown Lands Act 1989, 20
in respect of plantation operations to be carried out on a 21
road (within the meaning of Division 6 of Part 4 of that 22
Act) that is unformed. 23
[9] Section 14 Provisions relating to non-complying plantations 24
Omit "The Minister is to invite any person or body provided with a copy of the 25
application to make submissions on the application within the time and in the 26
manner specified by the Minister (having regard to the period within which the 27
Minister is required by this Part to deal with the application)." from 28
section 14 (3). 29
[10] Section 14 (3), Note 30
Omit "any application and". 31
[11] Section 14 (3A) 32
Insert after section 14 (3): 33
(3A) The Minister is to invite any person or body provided with a copy 34
of the application in accordance with this section to make 35
submissions on those aspects of the application that indicate 36
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Plantations and Reafforestation Amendment Bill 2010
Amendment of Plantations and Reafforestation Act 1999 No 97 Schedule 1
non-compliance with the relevant complying development 1
standards of the Code: 2
(a) within 3 weeks after receipt of a copy of the application, 3
and 4
(b) in the manner specified by the Minister. 5
[12] Section 15 Provisions relating to threatened species conservation 6
Omit "section 9" from section 15 (9). Insert instead "clause 6 of Schedule 3". 7
[13] Section 16 Provisions relating to plantations subject to regional 8
vegetation management plans or substitute plans 9
Omit the section. 10
[14] Section 17 Provisions relating to plantations already established 11
Omit section 17 (4). Insert instead: 12
(4) Despite anything to the contrary in this Part: 13
(a) this section applies even though a plantation is a 14
complying plantation, and 15
(b) this section does not apply to or in respect of a plantation 16
that is required by section 17C to be authorised. 17
[15] Sections 17A17C 18
Insert after section 17: 19
17A Notification of change in ownership or management of plantation 20
(1) A person must give notice to the Minister in accordance with this 21
section within 28 days after becoming the owner of the whole or 22
part of a plantation that was authorised before the person became 23
owner. 24
(2) The owner of an authorised plantation must give notice to the 25
Minister in accordance with this section within 28 days after a 26
new manager is appointed for the whole or part of the plantation. 27
(3) The notice must: 28
(a) be in the form approved by the Director-General, and 29
(b) identify the area or areas of land comprising the authorised 30
plantation and the part or parts of land subject to a change 31
in ownership or management, and 32
(c) identify the new owner or owners, or manager or 33
managers, of the part or parts of the land. 34
Maximum penalty: 10 penalty units. 35
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Plantations and Reafforestation Amendment Bill 2010
Schedule 1 Amendment of Plantations and Reafforestation Act 1999 No 97
17B Changes in ownership and management not affecting 1
authorisation of plantations 2
The authorisation of an authorised plantation is not affected by: 3
(a) any change in ownership or management of the whole of 4
the plantation, or 5
(b) any change in the ownership of a part of the plantation so 6
long as the whole of the plantation remains under the same 7
management, or 8
(c) any change in the management of a part of the plantation 9
so long as the whole of the plantation remains under the 10
same ownership. 11
17C Changes in ownership and management affecting authorisation of 12
plantations 13
(1) For the purposes of this section, a significant change to an 14
authorised plantation is: 15
(a) a change in the ownership of part only of the land 16
comprising the plantation that occurs at the same time as a 17
change in the management of that part of the land, or 18
(b) a change in the ownership of part only of the land 19
comprising the plantation that follows a change in the 20
management of that part of the land, or 21
(c) a change in the management of part only of the land 22
comprising the plantation that follows a change in the 23
ownership of that part of the land. 24
(2) If there is a significant change to an authorised plantation (the 25
original plantation) and the owner of any part of the land 26
comprising the original plantation intends to continue plantation 27
operations on that part after the change, the owner must make an 28
application under section 11 for the authorisation of that part as a 29
plantation. 30
(3) The Minister may waive or modify any of the requirements of 31
this Act in relation to an application for authorisation as a 32
plantation of any part of the land comprising the original 33
plantation, but only if the application does not relate to any other 34
land. 35
(4) The Minister must grant an authorisation of a part of the land 36
comprising the original plantation but may impose any 37
conditions on the authorisation that the Minister considers 38
appropriate. 39
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Plantations and Reafforestation Amendment Bill 2010
Amendment of Plantations and Reafforestation Act 1999 No 97 Schedule 1
(5) An authorisation in respect of an original plantation ceases to 1
have effect on the date on which the significant change occurs. 2
(6) However, any part of the land comprising the original plantation 3
is taken to be an authorised plantation subject to the same 4
conditions that applied to the original plantation (to the extent 5
that those conditions are relevant to that part of the land), but only 6
until: 7
(a) 28 days after the significant change, or 8
(b) if an application is made within that 28-day period for the 9
authorisation of that part of the land as a plantation, the 10
application is determined by the Minister. 11
(7) Nothing in this section requires an application to be made for 12
authorisation of land as a plantation if authorisation would not be 13
required because of section 9. 14
[16] Section 20 Conditions of authorisations 15
Omit section 20 (1) and (2). Insert instead: 16
(1) An authorisation under this Act (other than for a complying 17
plantation) may be granted subject to conditions. 18
(2) Subsection (1) does not affect the operation of section 13 (4). 19
[17] Section 21 20
Omit the section. Insert instead: 21
21 Duration of authorisation 22
Subject to section 17C, the authorisation of a plantation remains 23
in force unless it is cancelled by the Minister in accordance with 24
this Act. 25
[18] Section 22 Cancellation of authorisation 26
Omit "or" where lastly occurring in section 22 (1) (d). 27
[19] Section 22 (1) (e) 28
Omit the paragraph. 29
[20] Section 23 Public register relating to authorisations 30
Omit section 23 (1) (a). 31
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Plantations and Reafforestation Amendment Bill 2010
Schedule 1 Amendment of Plantations and Reafforestation Act 1999 No 97
[21] Section 23 (2) 1
Omit the subsection. Insert instead: 2
(2) The register is to be made available for inspection on the internet 3
site of the Department. 4
[22] Section 42 Obligation to make financial contribution 5
Omit section 42 (4). 6
[23] Section 47 Plantation operations and exempt farm forestry not subject to 7
EPA Act 8
Omit section 47 (3) (a). 9
[24] Section 58 Minister may make stop work order 10
Omit "an authorised plantation" from section 58 (1). 11
Insert instead "a plantation". 12
[25] Section 58 (3) 13
Omit "the authorised plantation". Insert instead "the plantation". 14
[26] Section 59 Directions for remedial work 15
Omit "an authorised plantation" from section 59 (1). 16
Insert instead "a plantation". 17
[27] Section 60 Appeals under this Part 18
Omit "an authorised plantation" from section 60 (1). 19
Insert instead "a plantation". 20
[28] Sections 6161D 21
Omit section 61. Insert instead: 22
61 Appointment of authorised officers 23
(1) The Minister may appoint any appropriately qualified person as 24
an authorised officer to investigate and report to the Minister on 25
whether this Act and the Code are being complied with. 26
(2) The authority of an authorised officer may be limited by the 27
relevant instrument of appointment to the functions specified in 28
the instrument of appointment. 29
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Plantations and Reafforestation Amendment Bill 2010
Amendment of Plantations and Reafforestation Act 1999 No 97 Schedule 1
(3) An authorised officer cannot exercise the functions of an 1
authorised officer under this Act unless the officer is in 2
possession of an identification card issued on behalf of the 3
Minister. 4
(4) In the course of exercising the functions of an authorised officer 5
under this Act, the officer must, if requested to do so by any 6
person who is subject to the exercise of the functions, produce the 7
officer's identification card to the person. 8
61A Powers of entry and inspection 9
(1) For the purpose of exercising his or her functions under this Act, 10
an authorised officer may, on giving reasonable notice to the 11
owner or manager, enter an authorised plantation or land that the 12
authorised officer reasonably suspects is required to be 13
authorised as a plantation under this Act. 14
(2) However, an authorised officer may enter such a plantation or 15
land without giving reasonable notice if: 16
(a) the officer considers there is a risk of significant harm to 17
the environment occurring in respect of the plantation or 18
land, and 19
(b) the officer has attempted to contact the owner or manager 20
before entering the plantation or land. 21
(3) An authorised officer may, for the purpose of exercising his or 22
her functions under this Act: 23
(a) conduct such investigations, make such inquiries, 24
examinations and inspections, and take such samples and 25
recordings (including photographs) as the officer 26
considers necessary, and 27
(b) require the owner or manager to provide such reasonable 28
assistance and facilities as may be requested by the officer 29
to exercise the officer's functions under this section. 30
(4) A person may accompany an authorised officer and take all 31
reasonable steps to assist an officer in the exercise of the officer's 32
functions under this Act if the officer is of the opinion that the 33
person is capable of providing assistance to the officer in the 34
exercise of those functions. 35
(5) An authorised officer is not entitled to enter any part of premises 36
used only for residential purposes except with the consent of the 37
occupier of the premises. 38
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Plantations and Reafforestation Amendment Bill 2010
Schedule 1 Amendment of Plantations and Reafforestation Act 1999 No 97
61B Power to obtain information 1
(1) If an authorised officer enters land for the purpose of exercising 2
functions under this Act, the authorised officer may require the 3
owner or manager of the land to provide such relevant 4
information as the officer requires. 5
(2) The Director-General may, by notice in writing served on the 6
owner or manager of land, require the owner or manager to give 7
to an authorised officer, in accordance with the notice, any 8
relevant information. 9
(3) In this section, relevant information means information or 10
documents relating to matters that are reasonably connected with 11
the administration of this Act or required for the purposes of 12
determining whether this Act or the Code is being complied with, 13
but does not include information or documents of a commercially 14
sensitive nature. 15
(4) A person is not excused from giving relevant information under 16
this section on the ground that the information may tend to 17
incriminate the person. 18
(5) Any relevant information obtained from a natural person under 19
this section is not admissible against the person in criminal 20
proceedings other than proceedings for an offence under 21
section 61C. 22
61C Offences in respect of authorised officers 23
(1) A person must not, without reasonable excuse: 24
(a) obstruct an authorised officer in the exercise of the 25
officer's functions under this Act, or 26
(b) fail or refuse to comply with a requirement made by an 27
authorised officer or the Director-General under this Act, 28
or 29
(c) provide information to an authorised officer which the 30
person knows is false or misleading in a material respect. 31
Maximum penalty: 100 penalty units. 32
(2) In this section, obstruct includes delay, threaten or hinder. 33
61D Protection from personal liability 34
(1) Any matter or thing done or omitted to be done by an authorised 35
officer does not, if the matter or thing was done or omitted to be 36
done in good faith for the purpose of exercising a function under 37
this Act, make the authorised officer personally liable to any 38
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Plantations and Reafforestation Amendment Bill 2010
Amendment of Plantations and Reafforestation Act 1999 No 97 Schedule 1
action, liability, claim or demand in respect of that matter or 1
thing. 2
(2) However, any such liability attaches instead to the Crown. 3
[29] Section 62 Penalty notices 4
Omit section 62 (9). 5
[30] Section 63 Evidence 6
Omit "under section 61" from section 63 (e). 7
[31] Section 64 Proceedings for offences 8
Insert after section 64 (4): 9
(5) However, proceedings for any such offence may also be 10
commenced within, but not later than, 2 years after the date on 11
which evidence of the alleged offence first came to the attention 12
of an authorised officer. 13
(6) If subsection (5) is relied on for the purpose of commencing 14
proceedings for an offence, the process commencing the 15
proceedings must contain particulars of the date on which 16
evidence of the offence first came to the attention of an 17
authorised officer and need not contain particulars of the date on 18
which the offence was committed. The date on which evidence 19
first came to the attention of an authorised officer is the date 20
specified in the process commencing the proceedings, unless the 21
contrary is established. 22
[32] Section 67 23
Omit the section. Insert instead: 24
67 Delegation 25
(1) The Minister may delegate the exercise of any function of the 26
Minister under this Act (other than this power of delegation) or 27
the regulations to: 28
(a) any member of staff of a Division of the Government 29
Service for which the Minister is responsible, or 30
(b) any person, or any class of persons, authorised for the 31
purposes of this subsection by the regulations. 32
(2) The Director-General may delegate the exercise of any function 33
of the Director-General under this Act (other than this power of 34
delegation) or the regulations to: 35
(a) any member of staff of the Department, or 36
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Plantations and Reafforestation Amendment Bill 2010
Schedule 1 Amendment of Plantations and Reafforestation Act 1999 No 97
(b) any person, or any class of persons, authorised for the 1
purposes of this subsection by the regulations. 2
[33] Schedule 3 Savings, transitional and other provisions 3
Insert at the end of clause 1 (1): 4
Plantations and Reafforestation Amendment Act 2010 5
[34] Schedule 3, clause 4 (1) 6
Insert "Accordingly, such a plantation is not an existing plantation within the 7
meaning of clause 6." after "plantation.". 8
[35] Schedule 3, Part 3 9
Insert after Part 2: 10
Part 3 Provisions consequent on enactment of 11
Plantations and Reafforestation 12
Amendment Act 2010 13
6 Existing plantations 14
(1) An existing plantation is not required to be authorised under this 15
Act. 16
(2) In this clause, existing plantation means a plantation established 17
before the commencement of section 9 in accordance with the 18
requirements of the Environmental Planning and Assessment 19
Act 1979, any law dealing with native vegetation conservation 20
and any other relevant law: 21
(a) including a proposed plantation that was cleared for 22
planting before the commencement of section 9 in 23
accordance with those requirements, but 24
(b) not including a plantation that is replanted after the 25
commencement of this clause if the area that is replanted 26
exceeds 30 hectares. 27
Page 12
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