New South Wales Consolidated Acts

PLANTATIONS AND REAFFORESTATION ACT 1999 - SECT 14

14 Provisions relating to non-complying plantations

(1) This section applies to an application for authorisation under this Act that is not dealt with under section 13.

(2) The applicant for authorisation is required to provide the Minister with:

(a) a statement that demonstrates the extent of any compliance or proposed compliance with the relevant complying development standards of the Code, and

(b) a statement of the environmental effects of those plantation operations that do not or will not comply with those standards, being a statement that addresses the matters required to be assessed by the Code or by the Minister.

(3) The Minister is to forward a copy of the application (and any relevant statements provided in connection with the application) to the following:

(a) any council for a local government area within which the plantation or proposed plantation is situated,

(b) the owner or occupier of any land adjoining the plantation or proposed plantation,

(c) any other person or body required by the Code to be provided with a copy of the application or the Minister considers appropriate.

The Minister is to invite any person or body provided with a copy of the application to make submissions on the application within the time and in the manner specified by the Minister (having regard to the period within which the Minister is required by this Part to deal with the application).

Note: Section 23 provides that copies of any application and any authorisation are to be kept by the Minister on a public register.

(4) In determining the application, the Minister is required to take into consideration such of the following matters as are of relevance to the plantation or proposed plantation sought to be authorised under this Act:

(a) the provisions of the Code that apply to the plantation or proposed plantation,

(b) the likely impacts of the plantation operations concerned, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality,

(c) in the case of a proposed plantation, the suitability of the site for the plantation,

(d) any submissions duly sought and made under this Act,

(e) the public interest.

(5) In determining the application, the Minister may (but need not) take into consideration the provisions of any environmental planning instrument or other instrument under the Environmental Planning and Assessment Act 1979 that would, but for this Act, apply to the carrying out of the development concerned.