New South Wales Consolidated Acts

FORESTRY AND NATIONAL PARK ESTATE ACT 1998 - SECT 35

35 Enforcement of relevant licence

(1) The terms of a relevant licence set out in an integrated forestry operations approval are to be enforced (subject to this Act) in the same way as any other licence under the relevant Act. However, the terms of a relevant licence set out in an integrated forestry operations approval cannot be varied, and the licence cannot be revoked, under the relevant Act.

Note: A contravention of the terms of a relevant licence makes the person carrying out the forestry operations liable for offences for which the licence provides a defence (eg damage to critical habitat of threatened species under the National Parks and Wildlife Act 1974 ; offence of polluting waters under the Protection of the Environment Operations Act 1997 ).

(2) The government agency responsible for the enforcement of a relevant licence must notify the Ministers who granted the approval of any contravention (of which it becomes aware) of the terms of the licence by the persons carrying out forestry operations covered by the approval.

Note: Section 31 provides that the Ministers may amend, suspend or revoke an approval at any time.