New South Wales Consolidated Acts

PLANTATIONS AND REAFFORESTATION ACT 1999 - SECT 47

47 Plantation operations and exempt farm forestry not subject to EPA Act

(1) The Environmental Planning and Assessment Act 1979 does not apply to plantation operations on an authorised plantation or to exempt farm forestry.

(2) Accordingly:

(a) development consent under Part 4 of that Act is not required for plantation operations on an authorised plantation or for exempt farm forestry, and

(b) Part 5 of that Act does not apply in respect of the carrying out of plantation operations on an authorised plantation or of exempt farm forestry (including the giving of any approval to carry out those operations), and

(c) plantation operations carried out on an authorised plantation or exempt farm forestry cannot be prohibited or restricted by an environmental planning instrument (whether made before or after the commencement of this section) under that Act.

(3) To avoid doubt:

(a) this section does not affect the operation of section 16 (Provisions relating to plantations subject to regional vegetation management plans), and

(b) the authorisation of a plantation or proposed plantation is not to be regarded for the purposes of any law as an approval under Part 5 of the Environmental Planning and Assessment Act 1979 , and the Minister is not a determining authority for the purposes of that Part when granting an authorisation, and

(c) this section does not affect the application of the Environmental Planning and Assessment Act 1979 to ancillary plantation operations (within the meaning of section 9).