Plantation Management – Regulation and Planning
New South Wales
More about the NSW Plantations & Reafforestation Act and Code
New South Wales Plantations & Reafforestation Act 1991
The Plantations and Reafforestation Act 1999 and the accompanying Plantations and Reafforestation (Code) Regulation 2001 provide an integrated consent framework for plantation development for the purpose of timber production and/or environmental benefit.
Once a plantation has been authorised, the owner is responsible for carrying out plantation operations according to the Code. In the case of non-complying plantations, additional conditions may also be applied.
The Plantations and Reafforestation Act 1999 establishes three categories of plantations:
- Exempt farm forestry – Smaller plantations (not exceeding 30 hectares) do not require authorisation under the Act, provided that certain criteria are met. However, the exemption does not give any guaranteed right to harvest, and neither does it remove any obligations under other environmental legislation. Many developers of small plantations seek authorisation in order to avoid having to obtain approvals under other legislation.
- Complying plantations – A complying plantation is one that complies with all conditions in the Code. The Code specifies the standards for establishment and management of a plantation including measures for protection of the environment. More than 90 per cent of authorised plantations comply with the code. Complying plantation applications will be approved within 14 days.
- Non–complying plantations – Plantations that do not comply with all the standards in the Code can still be authorised. These are referred to as non–complying plantations. In these cases, the applicant will be required to provide a statement outlining the extent of compliance with the Code and a statement of environmental effects for those plantation operations that will not comply. A non–complying plantation may be approved subject to conditions required to mitigate any non-complying aspects. Due to the more detailed assessment required approval may take up to 40 days
Access the Plantations and Reafforestation Act 1999 online.
New South Wales Plantations & Reafforestation (Code) Regulation 2001
The Plantations and Reafforestation (Code) Regulation 2001 sets out the standards that must be applied to plantation developments.
The Code specifies conditions for:
- Planning and approval process (including a requirement for a pre-application site inspection).
- Establishment, management and harvesting operations.
- Standards for the protection of soil and water, cultural heritage and biodiversity.
- Standards for the construction and maintenance of log dumps, roads and crossings, etc. Management of retained areas.
Approval Process
The first step in the approval process is a pre-application site inspection with the applicant. During this inspection, the plantation officer will discuss the proposal with the applicant and advise whether it will comply with the Code. The officer will carry out a threatened species assessment and identify any areas of cultural heritage significance. If the officer determines that the proposal will have a significant impact on threatened species, a species impact statement will be required. The officer will also clarify any aspects of the Code and advise on the application process.
Once the Department receives the application, it is processed according to the guarantee of service. Complying plantations will be authorised within 14 days and non–complying plantations may take up to 40 days to process. An authorisation by the Department establishes a right to harvest. However, if harvesting is prevented due to the presence of threatened species, or the discovery of unique or special wildlife values, compensation may be payable in certain circumstances. Once a plantation has been authorised, the owner is responsible for carrying out plantation operations according to the Code . For plantations that are authorised, but which do not comply with the Code additional conditions may also be applied.
Download Plantations and Reafforestation (Code) Regulation 2001 (PDF)
If you are interested in investing in planted forests in NSW download Investing in Planted Forests: Guidelines for Applicants (PDF)
Review of the New South Wales Plantations & Reafforestation Act 1991
In 2005 DNR commenced a review of the Act and the Code, which found that the objects of the legislation remain relevant, and that the terms of the Act are delivering the desired results.
DNR has since been abolished and the administration of the P&R Act has been transferred to Industry & Investment NSW (II NSW).
A report on the review was tabled in Parliament in December 2005. II NSW is now working on some of the issues raised during the review process, which will result in amendments to the legislation in order to take into account the concerns of stakeholders. The review, including final amendments to the legislation, is expected to be completed in 2010.
There will be an opportunity for submissions from the community and other stakeholders when the draft amendments are placed on public exhibition.
Download the P & R Act Review Report . (PDF)
