New South Wales Consolidated Acts

NATIONAL PARKS AND WILDLIFE ACT 1974 - SECT 116

116 Restriction as to licences under Forestry Act 1916

(1) Notwithstanding anything in this Act or the Forestry Act 1916 , but subject to subsection (2):

(a) the Forestry Commission shall not issue a licence for the removal of any protected native plant from any State forest, timber reserve or Crown land, and

(b) any such licence shall cease to be operative while it relates to any protected native plant.

(2) The Forestry Commission may, in accordance with the Forestry Act 1916 , authorise the removal of any protected native plant from a State forest, timber reserve or Crown land if:

(a) the authorisation is subject to a condition that the removal is to be undertaken in accordance with any relevant flora plan of management in force under section 115A of this Act, or

(b) the Forestry Commission is of the opinion that the plant would be damaged or destroyed in the taking of timber, products or forest materials under, or in the carrying out of any activity authorised by, the Forestry Act 1916 .