New South Wales Consolidated Acts

PLANTATIONS AND REAFFORESTATION ACT 1999 - SECT 5

5 Definition of plantation

(1) In this Act, "plantation" means an area of land on which the predominant number of trees or shrubs forming, or expected to form, the canopy are trees or shrubs that have been planted (whether by sowing seed or otherwise):

(a) for the purpose of timber production, or

(b) for the protection of the environment (including for the purpose of reducing the salinity of the land or otherwise repairing or improving the land, for the purpose of biodiversity conservation or for the purpose of acquiring or trading in carbon sequestration rights), or

(c) for any other purpose,

but not principally for the purpose of the production of food or any other farm produce other than timber.

(2) To avoid doubt, a natural forest is not a plantation for the purposes of this Act. However, an area is not a natural forest merely because it contains some native trees or shrubs that have not been planted.

(3) The Code may specify the distance between planted trees or shrubs that constitute a single canopy and plantation for the purposes of this Act.

(4) A plantation can be a privately owned area of land, or it can be a State forest or other Crown-timber lands, or any other land.

(5) A plantation can comprise more than one area of land if those areas are under the same ownership or management and the Minister determines that those areas may comprise a single plantation for the purposes of this Act.