New South Wales Consolidated Acts

PLANTATIONS AND REAFFORESTATION ACT 1999 - SECT 48

48 Plantation operations not subject to certain provisions of National Parks and Wildlife Act 1974 and Threatened Species Conservation Act 1995

(1) A person carrying out plantation operations on an authorised plantation is exempt from the following provisions of the National Parks and Wildlife Act 1974 :

(a) section 98 (2) (relating to protected fauna),

(b) section 99 (1) (relating to threatened interstate fauna),

(c) section 117 (relating to native plants),

(d) section 118A (relating to threatened species, populations and ecological communities),

(e) section 118C (relating to critical habitat),

(f) section 118D (relating to the habitat of a threatened species, population or ecological community).

(2) Subsection (1) exempts the person only:

(a) if the operations are carried out in accordance with the conditions of authorisation and the provisions of the Code applying to the plantation, and

(b) in relation to things that are reasonably connected with the carrying out of the operations.

(3) An interim protection order (within the meaning of the National Parks and Wildlife Act 1974 or the Threatened Species Conservation Act 1995 ) may not be made so as to prevent or interfere with the carrying out of plantation operations on an authorised plantation.

(4) An order under Division 1 (Stop work orders) of Part 6A of the National Parks and Wildlife Act 1974 or Division 1 (Stop work orders) of Part 7 of the Threatened Species Conservation Act 1995 may not be made so as to prevent or interfere with the carrying out of plantation operations on an authorised plantation.

Note: See section 55 for continuation of power to make orders to protect relics or Aboriginal places within the meaning of the National Parks and Wildlife Act 1974 .