Plantation Management – Regulation and Planning
New South Wales
Legislation
Overview of NSW legislation applicable to plantation forestry
| Legislation | Agency | Comment |
|---|---|---|
| Aboriginal Land Rights Act 1983* | Department of Lands (Lands) | Makes recognition of Aboriginal people’s traditional and cultural rights to the land and provides for the vesting of claimable Crown lands in the NSW Aboriginal Land Council or Local Aboriginal Land Councils on the Aboriginal owner’s behalf. |
| Environmental Planning and Assessment Act 1979 | Department of Planning | Requires assessment of the environmental (and other) effects of activities which are not conducted under an integrated forestry operations approval issued under the Forestry and National Parks Estate Act 1998.This act does not apply to plantations authorised under the P&R Act or to exempt farm forestry. |
| Fisheries Management Act 1994* | Industry & Investment NSW (II NSW) |
Provides for the protection of fish habitat, threatened fish species and the maintenance of fish passage through the application of a Fisheries Licence. This Act does not apply to plantations authorised under the P&R Act. |
| Forestry Act 1916 | Industry & Investment NSW (Forests NSW) | Provides for an adequate supply of timber and protection of environmental values. |
| Forestry and National Park Estate Act, 1998 | Premiers Department | Provides for NSW Forest Agreements together with Integrated Forestry Operations Approvals, which integrate the licensing of State Forest forestry operations for a 20-year period. |
| Heritage Act 1977* | NSW Heritage Office | Provides for the identification and conservation of environmental heritage. |
| National Parks and Wildlife Act 1974* Threatened Species Conservation Act 1995* | Department of Environment Climate Change and Water (DECCW) | Provides for protection of native species and habitat, especially threatened species, through the application of agreed Conservation Protocols or Codes of Practice. Provides for the registration and protection of Aboriginal heritage sites. |
| Native Title Act 1993 (Australian) | National Native Title Tribunal | Acknowledges native title and provides mechanisms to protect native title interests. |
| Native Title (NSW) Act 1994* | Department of Lands | Confirms certain rights and ensures NSW law is consistent with actions in the Native Title Act 1993 (Australian) concerning future acts that affect native title. |
| Native Vegetation Act 2003* | Department of Environment Climate Change and Water | Regulates the clearing of native vegetation (including trees) on private and some Crown lands, by requiring consent or approval as part of a Property Vegetation Plan. |
| Noxious Weeds Act 1993 | Industry & Investment NSW | Provides for categorisation of noxious weeds and specifies the extent of control required for each category by private and public landholders. |
| Occupational Health and Safety Act 1983 | NSW Workcover Authority | Legislates for the occurrence of a safe work environment, use of safe equipment and adherence to safe working practices. |
| Plantations and Reafforestation Act 1999 | Industry & Investment NSW | Provides for the integrated approval of authorised plantations and regulation of plantation operations. Grants right to harvest for authorised plantations. |
| Plantations and Reafforestation (Code) Regulation 2001 | Industry & Investment NSW | Operational guidelines for implementing the intent of the Plantations and Reafforestation Act 1999. |
| Protection of the Environment Operations Act 1997. Contaminated Lands Management Act 1997 | Department of Environment Climate Change and Water | Provides for the protection of water quality from harvesting through the application of an Environmental Protection Licence and reporting of contaminated sites. |
| Pesticides Act, 1999 | Department of Environment Climate Change and Water | Provides for the use of pesticides (including herbicides) to ensure compliance with label conditions. |
| Rural Fires Act 1997 | NSW Rural Fire Services | Provides for the co-ordinated prevention and suppression of bush fires. |
| Soil Conservation Act 1938* | Department of Lands | Promotes the Department to oversee protection of the State’s soil when affected by other agencies, including SFNSW. |
| Timber Marketing Act 1977 | Industry & Investment NSW-(Forests NSW) | Enacts procedures to ensure appropriate quality in the grading and sale of timber. |
| Wilderness Act 1987 | Department of Environment Climate Change and Water | Provides for the identification, protection and use of wilderness. |
| * Indicates the process is integrated into the Plantations and Reafforestation Act 1999 | ||
