New South Wales Consolidated Acts

FORESTRY AND NATIONAL PARK ESTATE ACT 1998 - SECT 40

40 Application of statutory provisions relating to proceedings by third parties

(1) This section applies to the following statutory provisions:

(a) section 25 of the Environmental Offences and Penalties Act 1989 , or, after the repeal of that Act, section 252 or 253 of the Protection of the Environment Operations Act 1997 ,

(b) a provision of an Act that gives any person a right to institute proceedings in a court to remedy or restrain a breach (or a threatened or apprehended breach) of the Act or an instrument made under the Act, whether or not any right of the person has been or may be infringed by or as a consequence of that breach,

(c) section 13 (2A) of the Environmental Offences and Penalties Act 1989 or, after the repeal of that Act, section 219 of the Protection of the Environment Operations Act 1997 .

(2) Proceedings may not be brought under a statutory provision to which this section applies if the breach (or threatened or apprehended breach) to which the proceedings relate is as follows:

(a) a breach of this Act (including a breach of any forest agreement),

(b) a breach of an integrated forestry operations approval (including a breach of the terms of any licence provided by the approval),

(c) a breach of an Act or law that arises because any defence provided by any such licence is not available as a result of a breach of the licence,

(d) a breach of the Act that includes the statutory provision (including a breach of an instrument made under that Act) if the breach relates to forestry operations to which an integrated forestry operations approval applies.

(3) This section does not apply to any proceedings brought by:

(a) a Minister, or

(b) the Environment Protection Authority or a member of the staff of the Authority, or

(c) in the case of the provision of an Act referred to in subsection (1) (b)-a government agency or any government official engaged in the execution or administration of the Act.