New South Wales Consolidated Acts

FORESTRY AND NATIONAL PARK ESTATE ACT 1998 - SECT 36

36 Application of Environmental Planning and Assessment Act 1979

(1) Part 5 of the Environmental Planning and Assessment Act 1979 does not apply in respect of the carrying out of, or the granting of approval in relation to, forestry operations during any period that an integrated forestry operations approval applies to those operations. That Part does not apply to the granting or amendment of any such approval or to the making or amendment of a forest agreement.

(2) An environmental planning instrument under the Environmental Planning and Assessment Act 1979 cannot prohibit, require development consent for or otherwise restrict forestry operations during any period that an integrated forestry operations approval applies to those operations.

(2A) Forestry operations cannot be declared to be a project under Part 3A of the Environmental Planning and Assessment Act 1979 during any period that an integrated forestry operations approval applies to those operations.

(3) An order under Division 2A of Part 6 of the Environmental Planning and Assessment Act 1979 does not have effect to the extent that it prevents or interferes with the carrying out of forestry operations authorised by an integrated forestry operations approval.

(4) Any approval of forestry operations that is in force under Division 4 of Part 5 of the Environmental Planning and Assessment Act 1979 has no effect during any period that Part 5 of that Act does not apply to the forestry operations. Any development consent for forestry operations that is in force under Part 4 of the Environmental Planning and Assessment Act 1979 has no effect during any period that development consent under Part 4 of that Act is not required for the forestry operations.

(5) Subsection (2) applies to an environmental planning instrument made before or after the commencement of this section.