New South Wales Consolidated Acts

PLANTATIONS AND REAFFORESTATION ACT 1999 - SECT 36

36 Availability of compensation in respect of harvesting operations on timber plantations

(1) This section sets out the circumstances in which compensation will be available in order to protect unique or special wildlife values on an authorised timber plantation. The authorisation of the plantation, or part of the plantation, may (but need not) be cancelled following payment of such compensation.

(2) Compensation is available if harvesting operations in relation to an authorised timber plantation are delayed, restricted or precluded altogether by a direction of the Minister under this Part in order to protect unique or special wildlife values.

(3) Compensation is available only to an owner or manager of the authorised timber plantation who has suffered a direct financial loss as a result of the direction.

(4) The amount of compensation payable is to be determined by agreement between the Minister and the owner or manager concerned, having regard to the report to the Minister on the matter.

(5) Compensation is to be paid out of money available to the Minister and may be paid as a lump sum or in periodic amounts.

(6) Compensation is not payable unless the direction giving rise to the compensation is complied with. Compensation is repayable if the direction is not complied with after compensation has been paid (and may be recovered as a debt).