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Guarantee) Amendment Bill 1997
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.*
(a)
to provide for the accreditation of a timber plantation before it is
established, and
(b)
to provide for the cancellation of the accreditation of a timber
plantation where compensation has been paid to protect unique or
special wildlife values, and
(c)
to make certain changes that are consequential on the enactment of the
Threatened Species Conservation Act 1995 and on the proposed
insertion of Part 7A (Threatened species conservation) in the Fisheries
Management Act 1994.
* Amended in committee--see table at end of volume.
Clause 2 provides for the commencement of the proposed Act.
Clause 3 is a formal provision giving effect to the amendments to the
Timber Plantations (Harvest Guarantee) Act 1995 set out in Schedule 1.
Schedule 1
Amendments
Harvesting operations not subject to certain provisions of
environmental legislation
The object of the Timber Plantations (Harvest Guarantee) Act 1995 was to
remove certain impediments to the harvesting of plantation timber (that is,
trees that have been planted for the purpose of timber production) so as to
encourage the establishment of commercial timber plantations. (See section 3
(1).)
To achieve that object, harvesting operations on an accredited timber
plantation are exempt from certain obligations under the Environmental
Planning and Assessment Act 1979, the National Parks and Wildlife Act 1974
and the Heritage Act 1977. The exemptions apply only if the relevant
harvesting operations are carried out in accordance with the timber plantation
(environment protection) harvesting code or codes applying to the timber
plantation and in relation to things that are reasonably connected with the
carrying out of the harvesting operations.
At present, section 9 (1) of the Timber Plantations (Harvest Guarantee) Act
1995 exempts a person who is carrying out harvesting operations on an
accredited timber plantation from certain provisions of the National Parks
and Wildlife Act 1974.
However, the Threatened Species Conservation Act 1995 and proposed Part
7A of the Fisheries Management Act 1994 introduced new environmental
obligations, and modified some existing obligations, in relation to the
conservation of threatened species, populations and ecological communities
of animals, fish and plants and their habitats. The changes made by those
Acts affect the operation of the Timber Plantations (Harvest Guarantee) Act
1995.
Explanatory note page 2
Schedule 1 [5] repeals and re-enacts section 9 (l) of the Timber Plantations
(Harvest Guarantee) Act 1995 (which lists the offences under the National
Parks and Wildlife Act 1974 from which a person carrying out harvesting
operations is exempt). The new subsection restates the description of sections
98 and 99 of that Act and adds the following offences, which relate to matters
regulated under the Threatened Species Conservation Act 1995:
*
harming or picking a threatened species, population or ecological
community (section 118A,
*
damaging critical habitats (section 118BC),
*
damaging the habitat of a threatened species, population or ecological
community (section 118D).
Schedule 1 [8] makes similar provision in respect of offences under proposed
Part 7A (Threatened species conservation) of the Fisheries Management Act
1994 which provides for the conservation of threatened species, populations
and ecological communities of fish and marine vegetation (along similar lines
to the provisions applying to other animals and plants under the Threatened
Species Conservation Act 1995. Part 7A is proposed to be inserted by
Schedule 1 [9] to the Fisheries Management Amendment Bill 1997.
Schedule 1 [2] and [3] make consequential amendments to the objects of the
Act.
Stop work orders and interim conservation orders not to
apply to harvesting operations
Section 9 (3) of the Timber Plantations (Harvest Guarantee) Act 1995
provides that interim protection orders within the meaning of the National
Parks and Wildlife Act 1974 may not be made so as to prevent or interfere
with the carrying out of harvesting operations on accredited timber
plantations.
Schedule 1 [6] inserts in that subsection a reference to interim protection
orders made under the Threatened Species Conservation Act 1995.
Section 9 (4) of the Timber Plantations (Harvest Guarantee) Act 1995
provides that stop work orders under section 92E of the National Parks and
Wildlife Act 1974 may not be made so as to prevent or interfere with the
carrying out of harvesting operations on accredited timber plantations.
Schedule 1 [7] omits the redundant reference to section 92E of the National
Parks and Wildlife Act 1974 (which was repealed by the Threatened Species
Explanatory note page 3
Conservation Act 1995) and replaces it with a reference to the relevant
provisions of the National Parks and Wildlife Act 1974 and the Threatened
Species Conservation Act 1995. Division 1 of Part 6A of the National Parks
and Wildlife Act 1974 empowers the Director-General of National Parks and
Wildlife to make stop work orders to prevent any action that is likely to
significantly affect protected fauna or native plants and their environment.
Section 114 of the Threatened Species Conservation Act 1995 provides for
the Director-General to make stop work orders in certain circumstances for
the purposes of conserving threatened species, populations or ecological
communities and their habitats.
Matters to be regulated by Cedes
Despite the removal of impediments to the harvesting of plantation timber by
the Timber Plantations (Harvest Guarantee) Act 1995, the Act provides for
the protection of the environment by requiring harvesting operations on
accredited timber plantations to be carried out in accordance with timber
plantation (environment protection) harvesting codes. (See section 3 (2) (d).)
Section 20 (1) of the Principal Act provides for a code to regulate the
carrying out of harvesting operations on an accredited timber plantation, for
the purposes of protecting the environment. Section 20 (2) lists some of the
matters with which a code may deal, including native animals and plants.
Schedule 1 [19] and [20] add further matters to that list, as a consequence of
the amendments made by Schedule 1 [5] and [8].
Accreditation of proposed timber plantations
Division 2 of Part 2 of the Act provides for the accreditation of timber
plantations. At present, the owner or manager of a timber plantation may, at
any time after the timber plantation is established, apply for the accreditation
of the timber plantation.
Schedule 1 [9] and [11] provide for the accreditation of a timber plantation
that has not yet been established, which may be granted subject to conditions
concerning the establishment of the proposed timber plantation.
Under section 13 (l) of the Act, the Director-General may refuse to accredit
the proposed timber plantation if the Director-General makes a determination
that the Environmental Planning and Assessment Act 1979, or any other
relevant law, has not been complied with in relation to the establishment of
the timber plantation. Schedule 1 [14] prevents the accreditation of a
proposed timber plantation unless any relevant consent under that Act, any
Explanatory note page 4
law relating to native vegetation management and control or any other law,
that is required in order to establish the timber plantation has been granted.
Schedule 1 [10] makes a consequential amendment.
Schedule 1 [16] provides for the cancellation of the accreditation of a
proposed timber plantation if the timber plantation is not established within 3
years of accreditation or if the Environmental Planning and Assessment Act
1979, any law relating to native vegetation management and control or any
other relevant law, has not been complied with in relation to the
establishment of the timber plantation.
Schedule 1 [l], [4], [12], [13] and [18] make consequential amendments.
Cancellation of accreditation where compensation paid
The Act makes provision for a timber plantation (environment protection)
harvesting code to deal with 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. (See
section 20 (2) (g).)
Schedule 1 [15] provides for the cancellation of the accreditation of a timber
plantation if it is necessary to protect unique or special wildlife values and
compensation has been paid to the owner of the timber plantation for that
purpose.
Schedule 1 [17] makes a consequential amendment.
Explanatory note page 5