New South Wales Repealed Regulations

This legislation has been repealed.

FORESTRY REGULATION 2004 - REG 5

5 State forest to be managed in accordance with management plan

(1) Following appropriate investigation and survey work, the Commission must ensure that every State forest is managed in accordance with an approved management plan.

(2) The management plan may be for the State forest concerned, or for that State forest together with other State forests or other nearby Crown-timber lands.

(3) The Commission must not approve a management plan (or a significant amendment to a management plan) for a forest unless:

(a) a draft management plan (or draft amendment to a management plan) has been dealt with in accordance with subclauses (4)-(6), or

(b) the draft plan or amendment is in accordance with the terms of an approval given by the Minister under Division 4 of Part 5 of the Environmental Planning and Assessment Act 1979 within 5 years before the date on which the plan (or amendment) is to take effect.

(4) A draft management plan (or draft amendment to a management plan) is to be publicly advertised in a notice that:

(a) is published in a daily newspaper circulating throughout the State and a local newspaper (if any) circulating in any local government area in which the forest to which the draft plan or amendment applies is located, and

(b) includes a brief description of the draft plan or amendment, and

(c) includes a statement indicating a location at which members of the public may examine a copy of the draft plan or amendment, and

(d) indicates a closing date on or before which written submissions may be made to the Commission concerning the draft plan or amendment, being a date that is not less than 30 days after the date on which the notice is first published.

(5) The Commission is to consider any submissions made to it on or before the closing date for submissions specified in a notice under subclause (4).

(6) A draft management plan must specify:

(a) the ecologically sustainable forest management strategy to be adopted by the Commission in relation to the forest to which the plan applies, and

(b) the conditions under which any timber, products or forest material may be taken from the forest, and

(c) the conditions subject to which the forest may otherwise be used.

(7) The Commission must ensure that the management plan for a State forest is departed from only with its approval. The Commission’s approval may only be given if the proposed departure from the plan is publicly advertised in accordance with subclause (4) and the Commission has considered any submissions made in relation to the proposal.