New South Wales Consolidated Acts

PLANTATIONS AND REAFFORESTATION ACT 1999 - SCHEDULE 3

SCHEDULE 3 – Savings, transitional and other provisions

(Section 73)

Part 1 - Preliminary

1 Regulations

(1) The regulations may contain provisions of a savings or transitional nature consequent on the enactment of the following Acts:

this Act

Plantations and Reafforestation Amendment Act 2010

(2) Any such provision may, if the regulations so provide, take effect from the date of assent to the Act concerned or a later date.

(3) To the extent to which any such provision takes effect from a date that is earlier than the date of its publication in the Gazette, the provision does not operate so as:

(a) to affect, in a manner prejudicial to any person (other than the State or an authority of the State), the rights of that person existing before the date of its publication, or

(b) to impose liabilities on any person (other than the State or an authority of the State) in respect of anything done or omitted to be done before the date of its publication.

Part 2 - Provisions consequent on enactment of this Act

2 Act extends to existing plantations

This Act applies to plantations established before or after the commencement of this Act.

3 Existing plantations-current development consents etc under EPA Act

On the authorisation of a plantation or proposed plantation under this Act, any development consent under Part 4 of the Environmental Planning and Assessment Act 1979 , any approval or conditions imposed under Part 5 of that Act and any environmental planning instrument under that Act cease to have any further effect with respect to plantation operations carried out on the plantation while it is authorised under this Act.

4 Existing plantations-current accreditation

(1) A timber plantation or proposed timber plantation accredited under the Timber Plantations (Harvest Guarantee) Act 1995 immediately before the repeal of that Act is taken to be authorised under this Act as a timber plantation. Accordingly, such a plantation is not an existing plantation within the meaning of clause 6.

(2) A condition of any such accreditation becomes a condition of its authorisation under this Act.

(3) If any such accreditation applies to a proposed plantation that had not been cleared for planting before the repeal of that Act, it is a condition of its authorisation under this Act that any such clearing be carried out in accordance with the requirements of the law in force before that repeal.

(4) An application for accreditation that was made under that Act and not determined before the repeal of that Act is taken to be an application for authorisation under this Act duly made under this Act on the date of that repeal.

(5) Section 22 (2) extends to any accreditation under that Act of a proposed timber plantation that is established before or after the repeal of that Act.

5 Preparation of the Code before commencement of Act

A Code may be adopted on or after the commencement of this Act even though the Code was prepared before that commencement, so long as it was prepared in accordance with the provisions of this Act relating to the preparation of the Code.

Part 3 - Provisions consequent on enactment of Plantations and Reafforestation Amendment Act 2010

6 Existing plantations

(1) An existing plantation is not required to be authorised under this Act.

(2) In this clause, "existing plantation" means a plantation established before the commencement of section 9 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 the commencement of section 9 in accordance with those requirements, but

(b) not including a plantation that is replanted after the commencement of this clause if the area that is replanted exceeds 30 hectares.