New South Wales Consolidated Acts

PLANTATIONS AND REAFFORESTATION ACT 1999 - SECT 17C

17C Changes in ownership and management affecting authorisation of plantations

(1) For the purposes of this section, a "significant change" to an authorised plantation is:

(a) a change in the ownership of part only of the land comprising the plantation that occurs at the same time as a change in the management of that part of the land, or

(b) a change in the ownership of part only of the land comprising the plantation that follows a change in the management of that part of the land, or

(c) a change in the management of part only of the land comprising the plantation that follows a change in the ownership of that part of the land.

(2) If there is a significant change to an authorised plantation ( "the original plantation") and the owner of any part of the land comprising the original plantation intends to continue plantation operations on that part after the change, the owner must make an application under section 11 for the authorisation of that part as a plantation.

(3) The Minister may waive or modify any of the requirements of this Act in relation to an application for authorisation as a plantation of any part of the land comprising the original plantation, but only if the application does not relate to any other land.

(4) The Minister must grant an authorisation of a part of the land comprising the original plantation but may impose any conditions on the authorisation that the Minister considers appropriate.

(5) An authorisation in respect of an original plantation ceases to have effect on the date on which the significant change occurs.

(6) However, any part of the land comprising the original plantation is taken to be an authorised plantation subject to the same conditions that applied to the original plantation (to the extent that those conditions are relevant to that part of the land), but only until:

(a) 28 days after the significant change, or

(b) if an application is made within that 28-day period for the authorisation of that part of the land as a plantation, the application is determined by the Minister.

(7) Nothing in this section requires an application to be made for authorisation of land as a plantation if authorisation would not be required because of section 9.