New South Wales Consolidated Acts

PLANTATIONS AND REAFFORESTATION ACT 1999 - SECT 22

22 Cancellation of authorisation

(1) The authorisation of a plantation (or any part of the plantation) may be cancelled by the Minister at the request of the owner of the plantation or if the Minister is satisfied:

(a) that there has been a significant breach of the provisions of the Code applying to the plantation and that the breach cannot or has not been remedied, or

(b) that there has been a significant breach of the conditions to which the authorisation is subject and that the breach cannot or has not been remedied, or

(c) that the plantation has been abandoned, or

(d) that the cancellation of the authorisation is necessary to protect unique or special wildlife values of the land concerned and that any compensation required to be paid to the owner or manager of the plantation in accordance with Part 4 to protect those wildlife values has been duly paid, or

(e) in the case of an authorised timber plantation-that harvesting operations have been completed and no further replanting of trees or shrubs is covered by the authorisation.

(2) In addition, the authorisation of a plantation (or any part of a plantation) that was not established at the time of its authorisation under this Act may be cancelled by the Minister if the Minister is satisfied that the plantation has not been established, or is not being established, in accordance with the Code, the conditions of the authorisation or any relevant law. Any such authorisation may only be cancelled within 3 years after the completion of those establishment operations.

(3) In addition, the authorisation of a plantation (or any part of a plantation) that was not established at the time of its authorisation must be cancelled by the Minister on a date that is 3 years after the date of the grant of authorisation unless, before that date:

(a) the Minister is satisfied, either by the evidence provided by the owner or manager or by his or her own investigations, that the planting of trees or shrubs forming the plantation has been completed in accordance with the Code and any conditions of the authorisation, or

(b) the Minister is satisfied that the owner or manager has provided a satisfactory reason for the delay.

(4) Cancellation of authorisation takes effect when a written notice by the Minister of the cancellation is given to the owner of the plantation or proposed plantation.

(5) Cancellation of the authorisation of a part of a plantation has the effect of excluding that part from the area authorised as a plantation under this Act.

(6) The Minister and the State do not incur any liability for any cancellation of an authorised plantation (or part of any such plantation), or for any direction under Part 4, except for the payment of compensation provided under Part 4.