New South Wales Consolidated Acts

PLANTATIONS AND REAFFORESTATION ACT 1999 - SECT 42

42 Obligation to make financial contribution

(1) The Minister is required to impose, as a condition of the authorisation of a timber plantation granted by the Minister under this Act, a requirement that the owner of the plantation make a financial contribution to transport infrastructure expenditure in accordance with this Part.

Note: Section 20 provides that such a condition cannot be varied after it is imposed except at the request of the owner of the authorised plantation concerned.

(2) The rate or amount of the financial contribution and the time or times at which the contribution is to be made is to be determined by the Minister in accordance with the relevant contribution plan in force at the time the timber plantation is authorised under this Act.

(3) The Minister is not to impose a requirement for a financial contribution if the Minister is satisfied that the contribution plan exempts the plantation concerned.

(4) In the case of an existing plantation (within the meaning of section 9), the Minister may not impose a financial contribution in respect of the harvesting of timber from trees planted before the commencement of that section.

(5) The Minister must, at the time a financial contribution becomes payable and at the request of the owner of the authorised plantation, waive payment of so much of the financial contribution as exceeds the amount of financial contribution that would have been imposed by the Minister if the timber plantation had been authorised at that later time. This subsection does not apply if the Minister is satisfied that the owner, or any person associated with that owner, has failed to pay any other financial contribution under this Part.

(6) A condition of an authorisation imposed under this Part may be disallowed or amended by the Land and Environment Court on an appeal under this Act because it is unreasonable, even if it was determined in accordance with a contribution plan.