New South Wales Consolidated Acts

PLANTATIONS AND REAFFORESTATION ACT 1999 - SECT 49

49 Plantation operations not subject to certain provisions of Fisheries Management Act 1994

(1) A person carrying out plantation operations on an authorised plantation is exempt from the following provisions of Part 7A of the Fisheries Management Act 1994 :

(a) Division 3 of Part 7 (relating to dredging and reclamation),

(b) Division 4 of Part 7 (relating to marine vegetation),

(c) Division 5 of Part 7 (relating to the spawning of salmon, trout and certain other fish),

(d) sections 218 and 219 (relating to fishways and the passage of fish),

(e) section 220ZA (relating to threatened species, populations and ecological communities),

(f) section 220ZC (relating to critical habitat),

(g) section 220ZD (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 the authorisation and 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 order under Division 7 (Stop work orders) of Part 7A of the Fisheries Management Act 1994 may not be made so as to prevent or interfere with the carrying out of plantation operations on an authorised plantation.