New South Wales Consolidated Acts

PLANTATIONS AND REAFFORESTATION ACT 1999 - SECT 9

9 Offence with respect to unauthorised plantations

(1) A plantation or proposed plantation is required to be authorised under this Act if plantation operations are carried out on it after the commencement of this section, except if the plantation operations are:

(a) exempt farm forestry, or

(b) plantation operations on an existing plantation, or

(c) ancillary plantation operations.

(2) Nothing in this Act prevents a plantation or proposed plantation that is not required to be authorised from being authorised under this Act.

(3) A person who carries out, or causes or permits the carrying out of, plantation operations on a plantation or proposed plantation required to be authorised under this Act is guilty of an offence if:

(a) the plantation or proposed plantation is not authorised under this Act at the time the operations are carried out, or

(b) the plantation or proposed plantation is so authorised but the plantation operations carried out are not of a kind authorised under section 10 by the class of the authorisation.

Maximum penalty: 1,000 penalty units and, in addition, 100 penalty units for each day the offence continues.

(4) In this section:
"ancillary plantation operations" means plantation operations that are ancillary to the carrying out of development in accordance with development consent under Part 4, or in accordance with the requirements of Part 5, of the Environmental Planning and Assessment Act 1979 (not being development that comprises mainly plantation operations).
"existing plantation" means a plantation established before the commencement of this section in accordance with the requirements of the Environmental Planning and Assessment Act 1979 , any law dealing with native vegetation conservation and any other relevant law:

(a) including a proposed plantation that was cleared for planting before that commencement in accordance with those requirements, but

(b) not including a plantation that is replanted after the commencement of this section (being a replanting that would, under the Code, require further authorisation if the plantation had been authorised under this Act).