New South Wales Consolidated Acts

PLANTATIONS AND REAFFORESTATION ACT 1999 - SECT 6

6 Exempt farm forestry

(1) For the purposes of this Act, "exempt farm forestry" is the carrying out of plantation operations on a farm that complies with each of the following:

(a) the total area in which plantation operations of any kind are carried out on the farm does not exceed 30 hectares at any one time,

(b) any clearing of native vegetation (within the meaning of the Native Vegetation Act 2003 ) is exempt from the requirement under section 12 of that Act that the clearing be in accordance with a development consent or a property vegetation plan,

(b1) any clearing of State protected land which is subject to the provisions of the Native Vegetation Conservation Act 1997 ( "1997 Act") because of the operation of clause 4 of Schedule 3 to the Native Vegetation Act 2003 ( "2003 Act") and the regulations under the 2003 Act is exempt from any requirement under Part 2 of the 1997 Act for development consent,

(c) any harvesting of timber does not exceed the maximum amount of harvesting permitted by the Code for exempt farm forestry.

(2) A "farm" is an area of land (or contiguous areas of land) owned by the same person or persons. However, the Code may make provision as to areas of land that are or are not to be regarded as contiguous or that are or are not to be regarded as owned by the same person or persons.

Note: Section 9 (2) provides that exempt farm forestry may be authorised, but is not required to be authorised, under this Act. Part 6 provides that exempt farm forestry is not subject to the Environmental Planning and Assessment Act 1979 .