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Timber Plantations (Harvest
Guarantee) Bill 1995
Explanatory note
This explanatory note relates to this Bill as introduced into Parliament.
(a) provides a scheme for the accreditation of timber plantations, and
(b) removes the need to obtain licences under the National Parks and
Wildlife Act 1974 in connection with the carrying, out of harvesting
operations on accredited timber plantations, and
(c) removes the need for development consent under Part 4 of the
Environmental Planning and Assessment Act 1979, or environmental
assessment under Part 5 of that Act, in relation to the carrying out of
harvesting operations on accredited timber plantations, and
(d) 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.
Preliminary
Clause l sets out the name (also called the short title) of the proposed Act.
Clause 2 provides that the proposed Act will commence on a day or days
to be proclaimed.
Clause 3 sets out the object of the proposed Act.
Clause 4 makes it clear that the proposed Act applies to existing timber
plantations as well as to new timber plantations. Clause 4 also provides that
the proposed Act does not apply to land on which logging operations are
prohibited under the Timber Industry (Interim Protection) Act 1992 (eg
certain old growth forests specified in Schedule 1 or 2 to that Act).
Clause 5 contains definitions used in the proposed Act. The term Code
means a timber plantation (environment protection) harvesting code in force
under the proposed Act. Director-General refers to the Director-General of
the Department of Urban Affairs and Planning.
Clause 6 defines a timber plantation as an area of land on which the
predominant number of trees forming, or expected to form, the canopy are
trees that have been planted for the purpose of timber production. It is not
relevant when the area was planted with trees, so long as it is not a natural
forest.
Clause 7 defines harvesting operations as the cutting and removal of
timber for the purpose of timber production. The term does not include
activities carried out for the purpose of establishing a timber plantation (eg
clearing of natura1 forests), but it does include the provision of access roads
to enable or assist the cutting and removal of timber.
Part 2
Timber harvest guarantee
Division 1
Harvesting operations on accredited timber
plantations
Clause 8 provides that harvesting operations on an accredited timber
plantation are not subject to the environmental assessment or approval
procedures of Part 5 of the Environmental Planning and Assessment Act
1979, and that such operations do not require development consent under
Part 4 of that Act. Clause 8 also provides that harvesting operations cannot
be prohibited or restricted by an environmental planning instrument.
Explanatory note page 2
Clause 9 exempts a person who is carrying out harvesting operations on an
accredited timber plantation from certain offence provisions under the
National Parks and Wildlife Act 1974. This will apply only if the operations
are carried out in accordance with the Code (or Codes) applying to the
timber plantation and in relation to things reasonably connected with the
carrying out of the operations. The offence provisions which are exempted
relate to the taking or killing of protected and endangered fauna, and to the
picking of native plants. If those provisions were to apply, the person
carrying out the harvesting operations would need to obtain a licence under
that Act authorising the person to take or kill fauna, or to pick native plants,
in the course of carrying out the operations. Under that Act, take includes
significant modification of the habitat of fauna which is likely to adversely
affect its essential behavioural patterns. Pick includes cut, destroy, remove or
injure.
Clause 9 also provides that interim protection orders and stop work orders
under the National Parks and Wildlife Act 1974, and conservation
instruments under the Heritage Act 1977, may not be made so as to prevent
or interfere with the carrying out of harvesting operations on accredited
timber plantations.
Clause 10 provides that a local council may not give an order under the
Local Government Act 1993 so as to prevent or interfere with the carrying
out of harvesting operations on an accredited timber plantation.
Clause l 1 provides that harvesting operations on an accredited timber
plantation are to be subject to any Code applying to the timber plantation,
and are subject to other relevant laws.
Division 2
Accreditation of timber plantations
This Division (clauses 1218) makes provision for the accreditation of
timber plantations. Accreditation is the mechanism by which timber
plantations benefit from the harvest guarantee provisions described above.
The Division contains provisions relating to applications for accreditation,
the determination of applications and review by the Minister of the
Director-General's decisions, certificates of accreditation, the duration of
accreditation, and public notification of accredited timber plantations. The
accreditation of a timber plantation may be cancelled if the Director-General
is satisfied that there has been a significant breach of a Code applying to the
timber plantation, or that the timber plantation has been abandoned, or that
the area of land concerned (or part of it) is no longer a timber plantation.
Explanatory note page 3
One particular ground on which the Director-General may refuse to accredit
a timber plantation is if the Director-General is satisfied that, in the
establishment of the timber plantation, the area concerned was cleared of
native vegetation without the consent of the Director-General of the
Department of Land and Water Conservation.
Part 3
Timber plantation (environment protection)
harvesting codes
Clause 19 requires the Director-General to prepare a draft Code (which must
be approved by the Minister before being finalised).
Clause 20 authorises a Code, for the purpose of protecting the environment,
to regulate the carrying out of harvesting operations on accredited timber
plantations. A Code may deal with such matters as soil erosion, native
animals and plants, and the circumstances in which compensation will be
available because of the need to protect unique or special wildlife values.
Clause 21 provides that a Code may not contain provisions that are
inconsistent with the provisions of any Act applying to harvesting operations
(eg the Clean Waters Act 1970).
Clause 22 requires a Code to be adopted by regulation before it comes into
force. Any such regulation will need to comply with the requirements of the
Subordinate Legislation Act 1989 (eg the proposed regulation must be
advertised, consultation must take place and a regulatory impact statement
must be prepared).
Clause 23 requires the owner and manager of a timber plantation (including
the licensees of the Forestry Commission) to ensure that harvesting
operations on the timber plantation are carried out in accordance with the
Code (or Codes) applying to the timber plantation.
Clause 24 provides for the appointment of appropriately qualified timber
plantation officers to supervise compliance with Codes.
Part 4
Miscellaneous
Clause 25 provides that the proposed Act binds the Crown.
Clause 26 enables proceedings for offences under the proposed Act to be
dealt with by Local Courts.
Clause 27 empowers the Governor to make regulations for the purposes of
the proposed Act, including savings and transitional provisions consequent
on the enactment of the proposed Act.
Explanatory note page 4
Clause 28 amends section 27 (3) of the Forestry Act 1916 as a consequence
of the proposed Act. That provision in effect permits a person to take timber
from certain Crown timber land if the Forestry Commission certifies that the
tree has been planted for the purpose of tree farming. The amendment
provides that this certification will not be necessary if the tree is situated on
an accredited timber plantation.
Clause 29 amends the note to section 124 of the Local Government Act
1993 so that it refers to the operation of clause 10.
Clause 30 provides for the proposed Act to be reviewed by the Minister
after 5 years.
Explanatory note page 5