These Fact Sheets are a guide only and are no substitute for legal advice relating to your particular issue. If you need legal advice about your particular issue, please call our FREE Environmental Law Advice Line

The information in this fact sheet is up-to-date as of January 2011.

Print this factsheet

5.2 Forestry

5.2.1 Overview

The main laws regulating forestry in NSW are the:

• Forestry Act 1916
• Forestry Regulation 2009
• Forestry and National Park Estate Act 1998
• Plantations and Reafforestation Act 1999
• Plantations and Reafforestation (Code) Regulation 2001

Forestry on Crown land has traditionally been regulated under the Forestry Act 1916, which sets out a system of licences for carrying out logging operations on Crown land.

However, the Forestry Act 1916 has limited application in NSW due to the introduction of the Forestry and National Park Estate Act 1998, which establishes a new approval system for forestry. The Forestry and National Park Estate Act 1998 allows for a new type of forestry approval to be issued, called an integrated forestry operations approval. Forestry operations which are carried out under an integrated forestry operations approval are regulated by the terms of that approval, rather than the Forestry Act 1916.1

Forestry on private land is largely regulated under the Plantations and Reafforestation Act 1999 and its Code.

Forestry in NSW is regulated by Industry and Investment NSW - Forestry.

Forests covered by a NSW forest agreement are regulated jointly by Industry and Investment NSW and the Department of Environment, Climate Change and Water

5.2.1.1 Useful legal texts

• The Environmental Law Handbook, Farrier and Stein, eds (2006), Chapter 12 pp 440-446

5.2.2 Forestry operations on Crown land

Forestry operations on Crown land (land owned by the NSW Government) are regulated under either the:

• Forestry Act 1916, or
• Forestry and National Park Estate Act 1998.

5.2.2.1 Forestry Act 1916

5.2.2.1.1 Minister responsible

The Minister for Primary Industries is responsible for the Forestry Act 1916, which is administered by the Department of Primary Industries.

5.2.2.1.2 Crown-timber lands

The Forestry Act 1916 regulates forestry on Crown-timber lands. "Crown-timber lands" are defined as land within a State Forest or flora reserve and Crown lands (whether or not held in a timber reserve), but does not include land which the Crown has leased to others, such as under a Western Lands Lease.2

It is an offence to clear timber from Crown-timber lands unless the:3

• person holds a licence from the Forestry Commission;
• clearing is authorised under the Native Vegetation Act 2003;
• work is authorised under the Mining Act 1992 (such as under a mining lease); or
• work is authorised under the Petroleum (Onshore) Act 1991 (such as under a petroleum production lease).

5.2.2.1.3 Licences

The following types of licences can be issued under the Forestry Act 1916:4

• Timber licences;
• Products licences;
• Forest materials licences;
• Clearing licences; and
• Sawmill licences.

A person who takes timber under a timber licence, products licence or forest materials licence must pay royalties to the Forestry Commission.5 Clearing licences allow the holder to destroy trees which have no economic value and allow Crown-timber lands to be cleared for activities like agriculture.6

All licences under the Forestry Act 1916 are issued by the Forestry Commission.7

5.2.2.1.4 Environmental impact assessment

The following environmental impact assessment procedures only apply to logging on Crown-timber lands which is not carried out under an integrated forestry operations approval.

In deciding whether to grant a licence or permit a forestry activity under the Forestry Act 1916, the Forestry Commission must consider the environmental impacts of the proposed activity as required under Part 5 of the Environmental Planning and Assessment Act 1979. (EPA Act). The Forestry Commission is specifically identified as the determining authority under Part 5 of the EPA Act, thus placing the Commission under a statutory duty to consider to the fullest extent possible the environmental impacts of any activities which it authorises or carries out itself.8

Proposed forestry activities should first be reviewed under a Review of Environmental Factors, which has no statutory basis, but is routinely used by public authorities to assess environmental impacts on a preliminary basis.

If the forestry activity is likely to significantly affect the environment, the person applying for the licence must prepare a full environmental impact statement.9

For more information on Part 5 activities: see Fact Sheet 2.2.

If the activity is on land that is critical habitat, or is likely to affect threatened species, populations or ecological communities or their habitat, then the applicant must prepare a species impact statement.10

5.2.2.2 Other environmental approvals

5.2.2.2.1 Pollution licences

Forestry operations may require a pollution licence under the POEO Act because of the possibility of polluting rivers and streams (for example, if silt from eroded areas washes into streams).

The following aspects of logging operations are declared to be a scheduled activity and therefore require a pollution licence from the EPA:11

• construction of access roads on land east of the Great Dividing Range (but not for timber plantations); and
• cutting and removing timber on land east of the Great Dividing Range , where at least 20% of the compartment has a slope greater than 18 degrees and more than 30 trees are removed from every hectare.

It is an offence to cause water pollution without a pollution licence.12

5.2.2.2.2 Threatened species licences

Forestry operations which affect threatened species or their habitat will not require a licence to harm or kill threatened species if the Forestry Commission has complied with the environmental assessment provisions of Part 5 of the EPA Act in approving the operation.13

An approval authority can not consent to an activity that is a part of critical habitat or is likely to significantly affect threatened species, populations, ecological communities or their habitats unless they have consulted with the Environment Minister..14

In the situation when a Minister is not the determining authority and where Forests NSW is consenting to its own activity, they must seek the concurrence of the Director-General of DECCW.15 The Director-General is provided with a list of considerations that include species impacts, principles of ecologically sustainable development, as well as the likely social and economic consequences of granting or of not granting concurrence.16

The Environment Minister, where the Minister for Primary Industries is the consent authority, must also consider various matters when consulted. These matters are much the same as above and include species impacts, principles of ecologically sustainable development, as well as the likely social and economic consequences if the approval is not carried out.17

5.2.2.3 Minister can declare special management zones

If an area in a State forest (other than a flora reserve) has particular conservation value, the Minister for Primary Industries can declare that area to be a "special management zone".18

General purpose logging and forestry operations under an integrated forestry operation approval are prohibited in special management zones.19 In addition, the Minister can control what sort of activities the Forestry Commission can carry out in the zone.20

Long-term protection of the area from logging is possible if the State Government chooses to reserve the land for protection as a national park or other type of protected area under the National Parks and Wildlife Act 1974.21 See Fact Sheet 6.3 on Protected Areas for more information on how national parks are declared.

5.2.2.4 Offences under the Forestry Regulation 2009

The Forestry Regulation 2009 creates special offences that apply within Crown-timber lands. These include:

• failing to leave a forestry area when requested by an authorised officer;22
• entering a forestry area in contravention of a notice not to do so;23
• engaging in any activity or recreational pursuit that is unsafe or which might damage the environment, such as abseiling, base jumping and rock climbing;<24/a> and
• approaching within 100 metres of a timber operation, or interfering with timber harvesting or hauling equipment in a forestry area.25

An authorised officer can remove a person from a forestry area who fails to leave the area after being requested to do so by the officer.26

5.2.2.5 Biobanking agreements

Under the Biodiversity Banking and Offsets Scheme, landholders can be granted biodiversity credits in return for agreeing to protect threatened vegetation and threatened species on their private land. The credits can then be sold to and retired by developers who wish to harm biodiversity elsewhere as a way of offsetting the impacts of that development on threatened species.

Crown-timber lands can be the subject of a biobanking agreement, but only with the consent of the Minister for Primary Industries.27

For more information on biobanking agreements, see Fact Sheet 6.4 on Private Land Conservation.

5.2.2.6 Forestry operations on authorised plantations

The logging of existing or proposed plantations on Crown-timber land by the Forestry Commission can be regulated under the Plantations and Reafforestation Act 1999 if the plantation has been identified as an "authorised timber plantation" under that Act.28

5.2.3 Forestry operations under a NSW Forest Agreement

5.2.3.1 Forestry and National Park Estate Act 1998

This Act sets out:

• a process for the making of forest agreements over Crown lands;
• a new approval system for forest agreement areas to replace licences previously required under the Forestry Act 1916; and
• new procedures for other environmental approvals, such as fauna and flora licences and pollution licences.

Note that "forest agreements" (sometimes called "NSW Forest Agreements") are different to "regional forest agreements". Regional Forest Agreements (RFAs) are agreements made between State and Territory Governments, and the Federal Government as to which forests should be reserved for conservation purposes and which are available for logging: see para 5.1.2 below.

5.2.3.2 NSW Forest Agreements

A NSW Forest Agreement is an agreement made between the Environment Minister and the Minister for Primary Industries (Ministers).29 The purpose of an agreement is to allow for the cooperative management of forests by DECCW and Forests NSW. An agreement usually covers a particular region of the State.30

Before an agreement can be made, the Natural Resources Commission must have carried out a regional forest assessment on the region covered by the agreement.31 The assessment should include an assessment of the region's environment and heritage values (including Indigenous heritage), economic and social values, ecologically sustainable forest management, and timber resources.32 The assessment can incorporate any environmental impact statements obtained by the Forestry Commission or other environmental studies.33

A NSW Forest Agreement must include provisions that:34

• promote ecologically sustainable forest management;
• set out the sustainable timber supply from the area; and
• set out the community consultation on forestry operations.

5.2.3.2.1 Public consultation

When first made, the public must be given notice of a proposed forest agreement, and an opportunity to comment.35

If a NSW Forest Agreement is amended or revoked:36

• the proposed amendment or revocation must be published in a State and regional newspaper;
• the public must be invited to make submissions (within 28 days); and
• the submissions must be taken into consideration.

5.2.3.2.2 Annual and 5-year reviews

The Ministers must review each NSW Forest Agreement every 5 years, and the public must be given an opportunity to participate in the review.37

The public participation must include:38

• publishing notice of the review in a State and regional newspaper at least 6 months before the review;
• inviting submissions on the proposed terms of reference;
• giving notice of any proposed changes to the forest agreement, including notice where the public can inspect the proposed changes; and
• making any proposed changes available for public inspection, inviting submissions on them (for at least 28 days), and considering those submissions

The Ministers must table a report on the outcome of each review in Parliament.39 In addition to this, the Minister must prepare an annual report of each forest agreement which must be tabled in Parliament.40

DECCW must make the following documents available on the Internet:41

• Each Forest Agreement;
• Each Integrated Forestry Operations Approval;
• The terms of reference of each 5-yearly review; and
• The last annual report on each Forest Agreement.

5.2.3.2.3 What is the effect of a forest agreement?

Once a NSW Forest Agreement is in place, it allows an integrated forestry operations approval to be granted authorising forest operations to take place.

Forestry operations covered by a NSW Forest Agreement are exempt from the provisions of the Commonwealth's Environment Protection and Biodiversity Conservation Act 1999. If an activity is approved under Part 5 of the EPA Act, it is an established defence to harming or destroying threatened species without a licence.42

The public cannot bring legal proceedings to challenge the validity of a NSW Forest Agreement.43

5.2.3.3 Integrated forestry operations approvals

Integrated forestry operations approvals (IFOAs) are intended to integrate the regulatory regimes for a range of environmental approvals which forestry operations usually need. Where an IFOA is in place, logging (sometimes called "timber harvesting") in that area is regulated by the terms of the IFOA.

5.2.3.3.1 Approvals only where NSW Forest Agreement in place

Integrated forestry operations approvals are granted jointly by the Environment Minister and the Minister for Primary Industries (Ministers).44 An IFOA can only be granted over an area which is covered by a NSW Forest Agreement.45

IFOAs are issued subject to conditions.46 They can be granted for up to 20 years.47 The Ministers, acting jointly, can amend, suspend or revoke an IFOA at any time.48

5.2.3.3.2 Incorporation of other environmental approvals

To avoid the need for separate environmental approvals and separate environmental assessment processes, an IFOA is a single document which incorporates the terms of one or more of the following licences:49

• A pollution licence issued under the Protection of the Environment (Operations) Act 1997;
• A licence to harm or kill threatened species (or their habitat) under the Threatened Species Conservation Act 1995;
• A licence to harm or kill a threatened species of fish or its habitat under the Fisheries Management Act 1994.

In granting an IFOA which incorporates other licences, the Ministers do not need to require a species impact statement or environmental impact statement, but can instead rely on the relevant regional forest assessment.50

Where an IFOA incorporates the terms of another environmental licence, the licence has effect as a licence granted under the relevant Act, (eg a pollution offence or threatened species offence can still be committed), except that:51

• the licence cannot be varied or revoked; and
• the public is prohibited from bringing legal proceedings to enforce the licences in the Land and Environment Court. (see para 3.3.5 below).

The Government agency responsible for the enforcement of any of the licences incorporated into an IFOA must notify the Ministers of any breach of a licence.52.

5.2.3.3.3 Reviews of integrated forestry approvals

As with NSW Forest Agreements, the Ministers must review each IFOA every 5 years, and the public must be given an opportunity to participate in the review.53

The public participation must include:54

• publishing notice of the review in a State and regional newspaper at least 6 months before the review;
• inviting submissions on the proposed terms of reference;
• giving notice of any proposed changes to the IFOA, including notice where the public can inspect the proposed changes; and
• making any proposed changes available for public inspection, inviting submissions on them (for at least 28 days), and considering those submissions

The Ministers must table a report on the outcome of each review in Parliament.55 The Ministers must also table annual reports on each Forest Agreement, which must identify whether the operation has complied with its IFOA.56

DECCW must make the following documents available on the Internet:57

• Each Forest Agreement;
• Each Integrated Forestry Operations Approval;
• The terms of reference of each 5-yearly review; and
• The last annual report on each Forest Agreement.

5.2.3.3.4 What is the effect of an integrated forestry operations approval?

The principal effect of an IFOA is to exempt the forestry operation it covers from the provisions of the EPA Act and to shield it from civil enforcement by the public.

In particular, once an IFOA is in place, it has the following effect:

• Part 5 of the EPA Act ceases to apply to the forestry operations, (ie an environmental impact statement cannot be required for the operation);58
• Forestry operations cannot be prohibited or restricted under a local environmental plan or State environmental planning policy;59
• Development consent cannot be required for the operation;60
• Part 3A of the EPA Act ceases to apply, so that the operation cannot be declared to be a "major project";
• Stop work orders and interim protection orders to protect threatened species and protected native flora and fauna cannot be used to stop forestry operations;61 and
• The public cannot bring civil enforcement proceedings to restrain a breach of the IFOA..

5.2.3.3.5 Enforcement of integrated forestry operations approvals

If an IFOA incorporates the terms of another environmental approval, then the government agency which is usually responsible for the enforcement of that licence must notify the Ministers of any breach of the licence, and may prosecute any breach.62

For example, if an IFOA incorporates the terms of a pollution licence, and those terms are breached (eg by allowing soil to wash into streams), the EPA can prosecute the holder of the approval.

In addition, any of the Ministers involved in granting the approval or a licence which it incorporates can bring civil proceedings in the Land and Environment Court to remedy or restrain a breach of the approval.63

The Forestry and National Park Estate Act 1998 excludes the public (third parties) from bringing legal proceedings in the Land and Environment Court to enforce an IFOA, a licence which it incorporates, or any environmental laws affecting the forestry operation.64

5.2.4 Forestry on private land

Clearing native vegetation on private land in rural areas is generally regulated under the Native Vegetation Act 2003.

However, where the clearing involves forestry on private land, it is regulated under the:

• Plantations and Reafforestation Act 1999, and
• Plantations and Reafforestation (Code) Regulation 2001 (Plantations Code).

Clearing which is authorised under the Plantations and Reafforestation Act 1999 is exempt from the Native Vegetation Act 2003.65

Note that the Plantations and Reafforestation Act 1999 does not only apply to private land, but can also apply to plantations in State Forests or on Crown-timber lands.66

For more information on the Native Vegetation Act 2003, see Fact Sheet 5.3.

5.2.4.1 Plantations and Reafforestation Act 1999

One of the purposes of the Plantations and Reafforestation Act 1999 is to facilitate development for timber plantations on cleared land. The Act does this by:

• exempting authorized plantations from many environmental laws (see para 4.7 below); and
• guaranteeing the right to harvest the timber, but only if the plantation is established and managed under the processes set out in the Act and the Plantations Code.67

All new plantations in NSW must be approved under the Plantations and Reafforestation Act 1999 unless the plantation:68

• is for "exempt farm forestry"; or
• was a plantation which existed before the Act came into force on 14 December 2001 .

"Exempt farm forestry" is a plantation operation of less than 30 hectares on a farm which is exempt from the need for development consent under the Native Vegetation Act 2003 and where any harvesting does not exceed the amount permitted under the Plantations Code.69

It is an offence to carry out plantation operations which are not authorised under the Plantations and Reafforestation Act 1999.70

5.2.4.1.1 Plantations and Reafforestation (Code) Regulation 2001

The detailed standards for how a plantation must be established, managed and harvested under the Act are set out in the Plantations Code. The Code contains detailed requirements for plantation operations, including things such as harvesting limits, buffer zones and and slope limits (to reduce siltation of streams and soil erosion).

The Plantations Code forms the Appendix to the Plantations and Reafforestation (Code) Regulation 2001.71

All operations on an authorised plantation must comply with the Code.72

5.2.4.2 Responsible Minister

The Minister for Primary Industries is responsible for the Plantations and Reafforestation Act 1999, which is administered by the Industry and Investment NSW - Forests

5.2.4.3 Where does the Act apply?

The Plantations and Reafforestation Act 1999 does NOT apply to land:73

• within the Sydney Metropolitan Area, from Newcastle in the north, to Wollongong in the south;
• zoned "residential" (but not "rural-residential"), "village", "township", "industrial" or "business";
• within a SEPP 14 Coastal Wetland or SEPP 26 Littoral Rainforest;
• in State Forests which are flora reserves or special management zones;
• declared as critical habitat for threatened species; or
• dedicated or reserved under the National Parks and Wildlife Act 1974.

5.2.4.4 Applications for authorisation

Under the Plantations and Reafforestation Act 1999, a person can apply for an authorisation to establish a new timber plantation, and in some circumstances, authorisation can be sought for an existing plantation.74 Such plantations, if authorisation is granted, are called "authorised plantations".75 A natural forest cannot become an authorised plantation under the Act.76

Authorisations are granted by the Minister for Primary Industries.77

5.2.4.4.1 Appeals

An applicant who is dissatisfied with the Minister's refusal to grant an authorisation, with the conditions imposed on one, or by a deemed refusal, can appeal to the Land and Environment Court within 28 days of receiving written notice of the decision.78 These are heard as merits appeals in Class 1 of the Land and Environment Court 's jurisdiction.79

See Fact Sheet 2.4 on the Land and Environment Court for more information on merits appeals.

5.2.4.4.2 Development consent not required

Development consent is not required for plantation operations to take place on an authorised plantation.80

5.2.4.5 Environmental assessment of authorisations

5.2.4.5.1 Environmental impact statement

An environmental impact statement is not required for any authorisation to establish a plantation, or for any clearing that takes place on an authorised plantation, because plantations under the Plantations and Reafforestation Act 1999 are exempt from the EPA Act (which contains the requirement for environmental assessment in Part 4 and Part 5 of that Act).81 The Plantations and Reafforestation Act 1999 specifically states that the Minister for Primary Industries is not a determining authority for the purposes of Part 5 of the EPA Act.82

5.2.4.5.2 Species impact statements

Because authorised plantations are exempt from the EPA Act, they do not require a species impact statement under that Act.83

However, the Minister for Primary Industries has a discretion to require an applicant for authorisation to prepare a species impact statement if the Minister thinks that one would have usually been required under the EPA Act (ie there is likely to be a significant effect on threatened species).84 If an SIS is required, then the application will also need the concurrence (agreement) of the Director-General of National Parks and Wildlife.85

Once an authorised plantation is in operation, the owner or manager of the plantation must notify the Minister for Primary Industries if they become aware that plantation operations are having, or are likely to have, an impact on any endangered species of plant, animal or fish, or on an endangered ecological community.86

After evaluating the impact, the Minister for Primary Industries may direct that plantation operations cease or be suspended.87 Where this occurs, the owner or manager may be entitled to compensation.88

5.2.4.6 Duration, and cancellation

A plantation authorisation remains in force indefinitely and is not affected by a change in ownership or management.89 The Minister can cancel a plantation authorisation if the plantation owner breaches the Code, the conditions of the authorisation or abandons the plantation.90

An owner or manager of a plantation whose authorisation is cancelled can appeal to the Land and Environment Court within 28 days of receiving notice of the decision.91 These are heard as merits appeals in Class 1 of the Land and Environment Court 's jurisdiction.92

5.2.4.6.1 Public register

The Minister for Primary Industries must keep a public register at their offices and on the Internet of all:93

• applications for plantation authorisations; and
• authorisations granted, (including the identity of the plantation, location and conditions attached).

In practice, the register is kept by Industries and Investment NSW.

5.2.4.7 Exemptions from other environmental laws

Plantations which are authorised under the Plantations and Reafforestation Act 1999 have the benefit of an exemption from the provisions of many environmental laws which the timber operation would need to comply with. The purpose of these exemptions is to encourage people to establish plantations by guaranteeing their right to harvest the timber.

These exemptions include:94

• An exemption from the provisions of the National Parks and Wildlife Act 1974 relating to native flora and fauna;
• An exemption from threatened species offences, for both animals and fish; and
• An exemption from the need to obtain approval under Water Management Act 2000.95

These exemptions only apply if the plantation operations are carried out in accordance with the conditions of authorisation and the Plantations Code.96

The following orders cannot be used to prevent plantation operations on an authorised plantation:97

• An interim protection order or stop-work order under the Threatened Species Conservation Act 1995 or National Parks and Wildlife Act 1974;
• An interim heritage order under the Heritage Act 1977; or
• An order by a local council to cease operations under the Local Government Act 1993.

These exemptions do not extend to Aboriginal objects and places; these can still be protected under the National Parks and Wildlife Act 1974.98

5.2.4.8 Enforcement

5.2.4.8.1 Legal proceedings

Only the Minister for Primary Industries may bring legal proceedings in the Land and Environment Court to enforce the Plantations and Reafforestation Act 1999 or Plantations Code.99 However, if any breach of the Act, Plantations Code or a plantation authorisation is causing harm to the environment, any member of the public could bring proceedings in the Land and Environment Court to remedy that harm by relying on the open standing provisions in s 253 of the Protection of the Environment Operations Act 1997.

5.2.4.8.2 Stop work and remedial orders

The Minister for Primary Industries may issue a stop work order if the Minister believes that plantation operations are, or are about to be, carried out in contravention of the Plantations and Reafforestation Act 1999 or Plantations Code.100 Where work has been carried out unlawfully, the Minister for Primary Industries may direct an owner or manager to carry out remedial work.101

5.2.4.8.3 Investigations into compliance

The Minister for Primary Industries may also direct an authorised officer to investigate and report to the Minister on whether the Plantations and Reafforestation Act 1999 and Plantations Code are being complied with.102

5.2.5 Commonwealth environmental approvals for forestry

5.2.5.1 Environment Protection and Biodiversity Conservation Act 1999

Under the Environment Protection and Biodiversity Conservation Act 1999, activities which are likely to have a significant impact on a matter of national environmental significance must be referred to the Federal Minister for Environment for assessment and approval. "Matters of national environmental significance" include things such as nationally listed threatened species and migratory birds.

Logging operations which may affect a matter of national environmental significance would ordinarily have to be referred to the Federal Environment Minister for approval. However, most forestry operations in NSW now take part under Regional Forest Agreements, which have been granted a special exemption from the provisions of the Environment Protection and Biodiversity Conservation Act 1999.103

See Fact Sheet 3.1 for more information on the Environment Protection and Biodiversity Conservation Act 1999 and matters of national environmental significance.

5.2.5.2 Regional forest agreements

Regional Forest Agreements are agreements made between a State or Territory Government and the Federal Government under the Regional Forest Agreements Act 2002 (Cth). They set out, amongst other things, 20-year plans identifying which forests should be reserved for conservation purposes and which are available for logging.

Note: a Regional Forest Agreement is different to a NSW Forest Agreement, which is made between NSW Government Ministers under the Forestry and National Park Estate Act 1998. See para 3.1 above.

1. Forestry and National Park Estate Act 1998, s 26(2).
2. Forestry Act 1916, s 4 Definitions "Crown-timber lands", Sch 1.
3. Forestry Act 1916, s 27.
4. Forestry Act 1916, s 27A - 28.
5. Forestry Act 1916, s 30A.
6. Forestry Act 1916, s 27G. 27H
7. Forestry Act 1916, s 27A(3), 27B(3), 27C(3), 27G(3), and 28(3).
8. EPA Act, s 110B(1)(a), (2), 111.
9. EPA Act, s 112(1)(a).
10. EPA Act, s 112(1B).
11. Protection of the Environment (Operations) Act 1997, Sch 1, cl 24 (Logging operations).
12. Protection of the Environment (Operations) Act 1997, s 120.
13. National Parks and Wildlife Act 1974, s 118A(3)(b)(ii), (iii), 118C(5)(b)(ii), (iii), 118D(2)(b)(ii),(iii).
14. EPA Act, s 112B.
15. EPA Act, s 112C.
16. EPA Act, s 112D.
17. EPA Act, s 112E.
18. Forestry Act 1916, s 21A(1).
19. Forestry Act 1916, s 21A(2A), (5).
20. Forestry Act 1916, s 21A(2).
21. Forestry Act 1916, s 21A(1C).
22. Forestry Regulation 2009, cl 11
23. Forestry Regulation 2009, cl 13.
24. Forestry Regulation 2009, cl 15
25. Forestry Regulation 2009, cl 63.
26. Forestry Regulation 2009, cl 12.
27. Threatened Species Conservation Act 1995, s 127F(4).
28. Plantations and Reafforestation Act 1999, s 4 Definition of "owner", and s 5(4), and s7 (1)(c), which provides that the Act does not apply in a flora reserve or area declared as a special management zone under the Forestry Act 1916.
29. Forestry and National Park Estate Act 1998, s 14(2).
30. Forestry and National Park Estate Act 1998, s 14(1).
31. Forestry and National Park Estate Act 1998, s 15(1).
32. Forestry and National Park Estate Act 1998, s 15(2).
33. Forestry and National Park Estate Act 1998, s 15(3).
34. Forestry and National Park Estate Act 1998, s 16(2).
35. Forestry and National Park Estate Act 1998, s 17(2): Note, but this does not apply to agreements made over the Eden region, Lower North East Region and Upper North East region: s 17(3).
36. Forestry and National Park Estate Act 1998, s 19.
37. Forestry and National Park Estate Act 1998, s 20(1).
38. Forestry and National Park Estate Act 1998, s 20(4).
39. Forestry and National Park Estate Act 1998, s 20(5).
40. Forestry and National Park Estate Act 1998, s 21.
41. Forestry and National Park Estate Act 1998, s 22(2), (6).
42. National Parks and Wildlife Act 1974, ss 118A(3)(b)(ii), (iii), 118C(5)(b)(ii), (iii) & 118D(2)(b)(ii),(iii).
43. Forestry and National Park Estate Act 1998, s 40(2)(a).
44. Forestry and National Park Estate Act 1998, s 27.
45. Forestry and National Park Estate Act 1998, s 28(1).
46. Forestry and National Park Estate Act 1998, s 29.
47. Forestry and National Park Estate Act 1998, 30.
48. Forestry and National Park Estate Act 1998, s 31.
49. Forestry and National Park Estate Act 1998, s 33, 34.
50. Forestry and National Park Estate Act 1998, s 34(3).
51. Forestry and National Park Estate Act 1998, s 34(2), 40.
52. Forestry and National Park Estate Act 1998, s 35(2).
53. Forestry and National Park Estate Act 1998, s 20(1).
54. Forestry and National Park Estate Act 1998, s 20(4).
55. Forestry and National Park Estate Act 1998, s 20(5).
56. Forestry and National Park Estate Act 1998, s 21(1)(b).
57. Forestry and National Park Estate Act 1998, s 22(2), (6).
58. Forestry and National Park Estate Act 1998, s 36(1).
59. Forestry and National Park Estate Act 1998, s 36(2).
60. Forestry and National Park Estate Act 1998, s 36(2).
61. Forestry and National Park Estate Act 1998, s 37.
62. Forestry and National Park Estate Act 1998, s 35.
63. Forestry and National Park Estate Act 1998, s 35, 40(3).
64. Forestry and National Park Estate Act 1998, s 40(2)(b).
65. Native Vegetation Act 2003, s 25(n).
66. Plantations and Reafforestation Act 1999, s 5(4).
67. Plantations and Reafforestation Act 1999, s 3, 8.
68. Plantations and Reafforestation Act 1999, s 9.
69. Plantations and Reafforestation Act 1999, s 6, 9(2).
70. Plantations and Reafforestation Act 1999, s 9(3).
71. Plantations and Reafforestation Act 1999, s 29, Plantations and Reafforestation (Code) Regulation 2001, s 3
72. Plantations and Reafforestation Act 1999, s 31.
73. Plantations and Reafforestation Act 1999, s 7(1).
74. Plantations and Reafforestation Act 1999, s 11, 12, 13, 17.
75. Plantations and Reafforestation Act 1999, s 4 Definitions "authorised plantation".
76. Plantations and Reafforestation Act 1999, s 5(2).
77. Plantations and Reafforestation Act 1999, s 12.
78. Plantations and Reafforestation Act 1999, s 18, 24(1).
79. Land and Environment Court Act 1979, s 17(i).
80. Plantations and Reafforestation Act 1999, s 47(1), (2)(a).
81. Plantations and Reafforestation Act 1999, s 47
82. Plantations and Reafforestation Act 1999, s 47(3)(b).
83. Plantations and Reafforestation Act 1999, s 47.
84. Plantations and Reafforestation Act 1999, s 15
85. Plantations and Reafforestation Act 1999, s 15(4).
86. Plantations and Reafforestation Act 1999, s 32, 33.
87. Plantations and Reafforestation Act 1999, s 34, 35.
88. Plantations and Reafforestation Act 1999, s 36, 37.
89. Plantations and Reafforestation Act 1999, s 21.
90. Plantations and Reafforestation Act 1999, s 22.
91. Plantations and Reafforestation Act 1999, s 24(2).
92. Land and Environment Court Act 1979, s 17(i).
93. Plantations and Reafforestation Act 1999, s 23.
94. Plantations and Reafforestation Act 1999, s 48(1), 49(1).
95. Plantations and Reafforestation Act 1999, s 52.
96. Plantations and Reafforestation Act 1999, s 48(2), 49(2)..
97. Plantations and Reafforestation Act 1999, s 48(3, (4); 49(3), 50, 51, 52.
98. Plantations and Reafforestation Act 1999, s 55.
99. Plantations and Reafforestation Act 1999, s 57.
100. Plantations and Reafforestation Act 1999, s 58.
101. Plantations and Reafforestation Act 1999, s 59.
102. Plantations and Reafforestation Act 1999, s 61.
103. Environment Protection and Biodiversity Conservation Act 1999, s 38(1).