New South Wales Consolidated Acts

PLANTATIONS AND REAFFORESTATION ACT 1999 - SECT 16

16 Provisions relating to plantations subject to regional vegetation management plans or substitute plans

(1) This section applies to an application for authorisation under this Act with respect to:

(a) land that is subject to a regional vegetation management plan under the Native Vegetation Conservation Act 1997 , and

(b) plantation operations that include the clearing of native vegetation or the clearing of protected land within the meaning of that Act.

(2) This section also applies to an application for authorisation under this Act with respect to:

(a) land that is within a local government area totally or partially excluded from the operation of the Native Vegetation Conservation Act 1997 by order made under section 11 of that Act because of the application of a relevant local environmental plan, and

(b) plantation operations that include the clearing of native vegetation or the clearing of protected land within the meaning of that Act.

(3) The Minister is to refuse an application referred to in subsection (1) unless that clearing is permitted to be carried out by any such regional vegetation management plan, either with or without consent.

(4) The Minister is to refuse an application referred to in subsection (2) unless the clearing would (but for this Act) be permitted to be carried out by any such local environmental plan, either with or without consent.

(5) This section applies even though the plantation is a complying plantation and applies despite anything to the contrary in section 13.