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Bill 1998
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.*
The particular objects of this Bill are as follows:
( a ) to transfer certain State forest and other Crown lands in the Eden.
Lower North East and Upper North East regions to the national park
estate and to Aboriginal ownership.
(b) to provide for Ministerial forest agreements and for community
consultation and reporting on forests on a regional basis. including a
system of integrated approvals for future forestry operations in relation
to the regulatory regimes for environmental planning and assessment.
for the protection of the environment and for threatened species
conservation.
* Amended in committee--see table at end of volume.
(c)
to amend the Forestry Act 1916 to provide for a new category of
informal reserves,
(d)
to amend the Timber Industry (Interim Protection) Act 1992 to extend
its operation for a further year and to additional land pending
Ministerial forest agreements and integrated approvals,
(e)
to amend the Native Title (New South Wales) Act 1994 to preserve
native title rights and interests in relation to additions to the national
park estate and declarations of wilderness,
(f)
to amend certain other Acts and to make related and other provisions.
Preliminary
Clause 1 sets out the name (also called the short title) of the proposed Act.
Clause 2 provides for the commencement of the proposed Act on a day or
days to be appointed by proclamation. However. the provisions relating to the
transfer of lands are to commence on 1 January 1999 and the provisions
relating to the Timber Industry (Interim Protection) Act 1992 and the
extension of logging operations in the Eden Management Area are to
commence on the date of assent to the proposed Act.
Clause 3 defines expressions used in the proposed Act. In particular:
( a ) forestry operations is defined to mean logging operations. forest
products operations, on-going forest management operations and
ancillary road construction, and
( b ) national park estate is defined to include wilderness areas, national
parks. historic sites, nature reserves, Crown land reserves and State
forest flora reserves.
Clause 4 provides that notes in the text of the proposed Act do not form part
of the Act.
Part 2
Land transfers to national park estate and
Aboriginal ownership
Clause 5 revokes the dedication, as State forest. of land that is to be
transferred to the national park estate or Aboriginal ownership.
Clause 6 reserves or dedicates certain land in revoked State forests as
national park, nature reserve or historic site. The land concerned is set out in
Schedule 1.
Explanatory note page 2
Clause 7 reserves or dedicates certain Crown lands as national park or
nature reserve. The land concerned is set out in Schedule 2.
Clause 8 sets apart certain land in State forests as flora reserves under the
Forestry Act 1916. The land concerned is set out in Schedule 3.
Clause 9 dedicates certain land in revoked State forests as a single Crown
reserve under the Crown Lands Act 1989 and appoints the Director-General
of National Parks and Wildlife as the manager of the reserve trust. The land
concerned is set out in Schedule 4.
Clause 10 vests certain land in revoked State forests in the Minister
administering the National Parks and WildIife Act 1974 for the purposes of
Part 11 of that Act. subject to existing leases to which the land is subject. The
land concerned is set out in Schedule 5.
Clause 11 enables the Director-General of National Parks and Wildlife to
adjust the descriptions of land in Schedules 15 in order to provide a more
detailed description of land shown on maps by black edging or to alter the
boundaries of the land for the purposes of the more effective management of
national park estate land and State forest land (so long as the adjustment will
not result in any significant reduction in the size or value of any such land).
Adjustments are also authorised in connection with easements.
Clause 12 provides for the transfer of certain revoked State forest and
Crown lands to the ownership of Local Aboriginal Land Councils. The land
and Councils concerned are set out in Schedule 6.
Clause 13 gives effect to Schedule 7, which contains ancillary and special
provisions with respect to the land transfers under this Part.
Part 3
Forest agreements
Clause 14 authorises the relevant Ministers in the planning. environment.
forestry and fisheries portfolios to enter into forest agreements for particular
regions of the State.
Clause 15 provides that a regional forest assessment carried out by or on
behalf of the Resource and Conservation Assessment Council is a
pre-requisite to the entering into of a forest agreement.
Clause 16 provides that a forest agreement is to describe the region to which
i t applies and list the documents making up the relevant regional forest
assessment and contain appropriate provisions for ecologically sustainable
forest management, sustainable timber supply, community consultation,
arrangements with respect to Aboriginals and other matters within the
Ministers' respective portfolios.
Explanatory note page 3
Clause 17 makes provision for public consultation on the making of a forest
agreement.
Clause 18 enables the Ministers to amend or terminate a forest agreement.
Clause 19 requires the Ministers to carry out 5-yearly reviews of forest
agreements (and integrated forestry operations approvals under Part 4),
including public consultation and parliamentary reporting.
Clause 20 provides that the Minister for Urban Affairs and Planning is
required to report annually to Parliament on each forest agreement. The
clause requires the tabling in Parliament of copies of forest agreements and
integrated forestry operations approvals (together with any amendments,
suspensions. terminations or revocations of agreements or approvals and a
statement of reasons for any such action).
Clause 21 requires public notice of the making or granting of forest
agreements or integrated forestry operations approvals (or any amendments.
suspensions. terminations or revocations of agreements or approvals). The
clause also requires forest agreements. resource assessments, integrated
forestry operations approvals and reports to be available for public
inspection.
Clause 22 enables the Minister to establish forest landscape management
committees to provide advice to the Minister.
Part 4
Integrated forestry Operations approvals
Clause 23 provides that the Part applies to forestry operations in State
forests and other Crown-timber lands. except in any part of the national park
estate. a timber plantation or any other land for the purposes of clearing
natural forest.
Clause 24 specifies that the purpose of an integrated forestry operations
approval is to provide a framework for relevant forestry operations:
( a ) that is established in connection with a forest agreement made after
forest assessments conducted by or on behalf of the Resource and
Conservation Assessment Council and other environmental studies.
and
(b)
that integrates the regulatory regimes for environmental planning and
assessment. for the protection of the environment and for threatened
species conservation.
Clause 25 provides for the grant of integrated forestry operations approvals.
The powers of the Forestry Commission to carry out forestry operations will
be subject to the terms of any such approval once it is granted.
Explanatory note page 4
Clause 26 authorises the same Ministers who may enter into a forest
agreement to jointly grant integrated forestry operations approvals.
Clause 27 makes a forest agreement a pre-requisite to the grant of an
approval.
Clause 28 provides that an approval is to describe the forestry operations
covered by the approval and may set out conditions subject to which forestry
operations may be carried out and the terms of any relevant licences for the
operations as referred to in clauses 3234.
Clause 29 provides that an approval may be granted for a term of up to 20
years. Clause 19 provides for the review of any such approval every 5 years.
Clause 30 enables the Ministers who granted an approval to amend, revoke
or suspend the approval.
Clause 31 enables any of the Ministers to bring proceedings in the Land and
Environment Court to remedy or restrain a breach of the conditions of an
approval (other than the terms of relevant licences issued with the approval.
which may be enforced in accordance with clause 34).
Clause 32 sets out the relevant licences that may be issued with an approval,
namely. pollution control or environment protection licences and licences
under the threatened species legislation for animals. plants or fish.
Clause 33 authorises an approval to set out the terms of a relevant licence.
The persons carrying out the forestry operations concerned are taken to hold
a licence in those terms.
Clause 34 provides for the enforcement of a relevant licence provided by an
approval in the same way as any other licence (except that the revocation or
amendment of the licence can only be effected by an amendment of the
approval by the relevant Ministers).
Clause 35 suspends the provisions of the Environmental Planning and
Assessment Act 1979 (including Part 5 of that Act) in respect of forestry
operations carried out during any period that an integrated forestry operations
approval is in force.
Clause 36 suspends the power of local councils to issue orders under section
124 of the Local Government Act 1993 if they operate to prevent
or interfere
with forestry operations authorised by an approval.
Clause 37 prevents official proposals for wilderness areas and the
declaration of wilderness areas over any land on which forestry operations
are authorised by an approval.
Clause 38 excludes certain civil and criminal enforcement proceedings by
third-parties under environment protection and other lesislation for breaches
of the proposed Act or related to the proposed Act.
Explanatory note page 5
Part 5
Miscellaneous
Clause 39 provides that the proposed Act binds the Crown.
Clause 40 empowers the making of regulations for the purposes of the
proposed Act.
Clauses 4144 give effect to the amendment of various Acts in Schedules
81 1.
Clause 45 gives effect to the Schedule of savings, transitional and other
provisions.
Clause 46 provides for a review of the proposed Act after 5 years.
Schedule 1 sets out the land whose dedication as State forest is revoked and
that is reserved or dedicated as national park, historic site or nature reserve.
Schedule 2 sets out the Crown lands that are reserved or dedicated as
national park or nature reserve.
Schedule 3 sets out the land within State forests that is set apart as flora
reserves under the Forestry Act 1916.
Schedule 4 sets out the land whose dedication as State forest is revoked and
that is dedicated as Crown reserve under the Crown Lands Act 1989.
Schedule 5 sets out the land (which is the subject of existing leases) whose
dedication as State forest is revoked and that is vested in the Minister
administering the National Parks and Wildlife Act 1974.
Schedule 6 sets out the State forest and Crown lands that are transferred to
the ownership of Local Aboriginal Land Councils.
Schedule 7 makes ancillary and special provisions with respect to land
transferred under the proposed Act.
Schedule 8 amends the Forestry Act I916 to provide for a new category of
informal reserves. namely land in State forests set aside by the Minister
subject to prohibitions on activities to protect its special conservation value.
Schedule 9 amends the Timber Industry (Interim Protection) Act 1992:
( a )
to extend its operation for a further year pending Ministerial forest
agreements and integrated approvals. and
(b)
to suspend any obligation for the preparation of an EIS in the areas
concerned. and
( c )
to extend the definition of "logging operations" to "forestry
operations" within the meaning of the proposed Act. and
(d)
to extend the areas in which Part 5 of the Environmental Planning and
Assessment Act 1979 is suspended for logging operations to an
additional area within the South Monaro Management Area.
Explanatory note page 6
Schedule 10 amends the National Parks and Wildlife Act 1974 to add
Biamanga National Park to Schedule 14 to that Act (Lands of cultural
significance to Aboriginals). As a result the park can be vested in relevant
Aboriginal ownership and leased back for national park purposes. The
Schedule also makes a minor consequential amendment to section 117 of the
Act (relating to the picking or possession of native plants) to recognise the
lawful authority to deal with native plants that is conferred by a licence under
the threatened species legislation.
Schedule 11 amends the Native Title (New South Wales) Act 1994 to ensure
that land that is dedicated, reserved. declared or vested by the proposed Act
for the national park estate (or by previous national park estate Acts or
proclamations), or land declared as wilderness, does not operate to extinguish
or affect native title rights and interests.
Schedule 12 contains savings. transitional and other provisions. In particular.
the Schedule provides that forest operations may be carried out in certain
compartments of State forest in the Eden region that were excluded from a
previous approval for logging by the Minister for Planning and Environment
under Part 5 of the Environmental Planning and Assessment Act 1979 or that
were approved for logging for a limited period.
Explanatory note page 7