Planning Plantations | Plantation Management - Regulation and Planning

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Plantation Management – Regulation and Planning

National - Australia

Legislation

Overview of National legislation applicable to plantation forestry

Legislation	Agency	Comment
Aboriginal and Torres Strait Islander Heritage Protection Act 1984	Department of Environment and Heritage	The purpose of the Act is to preserve and protect areas (including Australian waters) and objects of particular significance to Indigenous people in accordance with their tradition. The Act provides for Indigenous people to apply to the Minister for the Environment and Heritage to protect significant areas and objects under threat of injury or desecration, when there is no effective protection under a state or territory law. The states and territories retain the primary role to protect significant areas and objects, with the Australian Government Act providing for protection in the last resort.
Environment Protection and Biodiversity Conservation Act 1999	Department of Environment and Heritage	The EPBC Act is Australia’s key environmental law which protects matters of national environmental significance. It regulates any activity that is likely to have a significant impact on nationally threatened species and ecological communities, World Heritage properties, National Heritage places, Ramsar wetlands, migratory species protected under international agreements, the Commonwealth marine environment and nuclear actions. The EPBC Act also regulates actions taken on or affecting Commonwealth land and activities of Commonwealth agencies. The EPBC Act promotes the conservation of biodiversity by providing protection for: listed species, including migratory and marine species, and ecological communities in Australian areas protected species in the Territories of Cocos (Keeling) Islands, Coral Sea Islands and Christmas, Lord Howe and Norfolk Islands; protected areas (World Heritage properties; National Heritage places, Ramsar wetlands; Biosphere reserves; Australian reserves; and conservation zones);
Export Control Act 1982	Department of Agriculture, Fisheries and Forestry	To control the export of various regulated products, including unprocessed wood and woodchips.
Forest and Timber Bureau Act 1930	Department of Agriculture, Fisheries and Forestry	To provide for certain administrative, research and education functions at the Australian level that have been transferred to DAFF, the CSIRO and the Department of Forestry at the ANU respectively.
Native Title Act 1993 (Amended 1998) Aboriginal Land Rights (Northern Territory) Act 1976		To provide a mechanism, for claimants and non-claimants, to determine whether native title exists and what the rights are that comprise that native title. A determination under the Act will establish whether the holders have exclusive possession and, if not, the native title rights and interests that are of importance.
Quarantine Act 1908	Department of Agriculture, Fisheries and Forestry	The Act with its subordinate regulations and proclamations provides the comprehensive system of control to prevent the introduction into Australia of diseases or pests affecting human beings, animals or plants.
Regional Forest Agreements Act 2002	Department of Agriculture, Fisheries and Forestry	The Act’s main provisions relevant to timber plantations are: RFA forestry operations are excluded from Australian legislation relating to export controls, the environment and heritage (because these matters were comprehensively assessed during the RFA process, and the RFAs contain an agreed framework for ecologically sustainable forest management); There is a comprehensive and publicly available information source in relation to Australia’s forests; and The Regional Forest Agreements Act 2002 and the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) have equivalent provisions relating to the application of the EPBC Act to forestry operations undertaken in accordance with an RFA.