Plantation Management – Regulation and Planning
New South Wales
Legislation
New South Wales legislation in practice
1.Plantations and Reafforestation Act 1999
The Plantations and Reafforestation Act 1999 (P&R Act) and the Plantations and Reafforestation (Code) Regulation 2001 (the Code) replaced the Timber Plantations Harvest Guarantee Act (1995).
The P&R Act and Code streamline the approval process and deliver increased investment security for growers while maintaining environmental standards. The P&R Act operates on the basis of authorising plantations on essentially cleared land in order to provide a harvest guarantee. Under the P&R Act, Local Government is not involved in authorising plantations. Authorisation also involves other relevant legislation including the Threatened Species Conservation Act (1995).
The P&R Act and Code require authorisation for all plantations of more than 30 hectares on an individual property. There are three classes of plantations, as follows:
- Exempt farm forestry – the establishment of small farm based timber plantations of 30 hectares or less. No authorisation is required for exempt farm forestry, but compliance with other legislation such as the Native Vegetation Act (2003) and the Threatened Species Conservation Act (1995) is required;
- Complying plantation – a plantation requiring authorisation where the proposed plantation complies with the establishment requirements of the Code, and a species impact statement (SIS) to determine the impact of the development on threatened species is not required; and
- Non-complying plantation – requires authorisation but cannot be authorised as a complying plantation because it does not comply with all aspects of the Code’ and/or a SIS is required. Authorisation may be granted with or without conditions that mitigate the impacts of those aspects of the proposal that do not comply with the Code.
Authorisation of plantations under the P&R Act is achieved through a multi-stage process:
1. The plantation developer conducts preliminary checks against the Code;
2. Site visit by Industry & Investment NSW (II NSW) officer(s) to discuss compliance issues, including likely compliance/non-compliance with the Code;
3. Application and plantation plan prepared and submitted;
4. Application is processed (14 days if complying, 40 days if non-complying),including analysis of soil and water, biodiversity and cultural heritage issues. If the application is assessed as having a potentially significant effect on threatened species, a SIS under the Threatened Species Conservation Act 1995 may be required;
5. Outcome determined: complying (authorised), non-complying (authorised with or without conditions), or refused. There is provision for appeal to the NSW Land and Environment Court within 28 days if a decision is disputed. Once a plantation is authorised management must be undertaken according to the Code, the plantation plan and any conditions attached to the authorisation. The Code permits some clearing of native vegetation, and contains provisions for replanting vegetation in some situations. Audit and compliance activities are undertaken by II NSW.
The legislation provides two major benefits for growers. First, the streamlined approval process avoiding multiple consents, and second a guaranteed right to harvest for authorised plantations. Harvesting of plantations authorised under the P&R Act is not subject to certain provisions of the Threatened Species Conservation Act 1995, the Environmental Planning and Assessment Act 1979, the Heritage Act 1977, the National Parks and Wildlife Act 1974 and the Local Government Act 1993.
The P&R Act contains a requirement for a statutory review after five years from the date of assent. This review commenced in 2005 and is expected to conclude in 2010. The purpose of the review is to determine whether the policy objectives of the P&R Act remain valid, and whether the terms of the P&R Act remain appropriate for securing those objectives. II NSWis taking this opportunity to clarify and fine-tune certain provisions in the P&R Act and Code, and to address certain issues of concern raised by stakeholders.
Complementing the P&R Act and Code, Forests NSW has developed Codes of Forest Practice that are relevant to management of plantation forests. These include the Forest Practices Code - Plantation Establishment and Maintenance (1997), and the Forest Practices Code - Timber Harvesting in State Forests Plantations (1995).
2 Native Vegetation Legislation
Clearing native vegetation in NSW is generally regulated under the Native Vegetation Act 2003 (NV Act), which came into operation on 1 December 2005, and which is part of a new suite of regulatory reform instruments for natural resource management.
The NV Act is administered by 13 local Catchment Management Authorities. However, any clearing of native vegetation that consists of plantation operations on plantations authorised under the P&R Act is excluded from the operation of the NV Act. Plantations of 30 hectares or less can only be considered to be exempt farm forestry if any clearing of native vegetation is permitted under the NV Act without approval.
Where a proposal for plantation development involves clearing native vegetation, the approval given under the P&R Act will allow a limited amount of clearing, consistent with the objects of the NV Act. For example, the clearing of isolated trees and patches of native vegetation smaller than one hectare (providing the native vegetation is not listed on a Regional Vegetation Schedule), can be sought for approval.
3 The Carbon Rights Legislation Amendment Act (1998)
The Carbon Rights Legislation Amendment Act (1998) amends the Conveyancing Act, 1916 to recognise rights associated with carbon, sequestered by trees and forests from the atmosphere, as a type of forestry right.
It also amends the Forestry Act, 1916 to enable the Forestry Commission (trading as Forests NSW) to acquire and trade in such rights as well as to procure land and manage it for investors in such rights.
4 The Natural Resources Legislation Amendment (Rural Environmental Services) Act 1999
The Act provides for the use of planted forests in mine site management, carbon sequestration and biomass for renewable energy.
The Act amends the Electricity Supply Act, 1995 to recognise carbon sequestration as a means by which electricity retailers can meet their environmental licence conditions. It also amends the Forestry Act, 1916 to clarify the powers of the Forestry Commission to provide environmental services in relation to rural and other areas and amends the Mining Act, 1992 to encourage the afforestation and reforestation of rural and other areas that are damaged by mining.
