Forestry Amendment Regulation 2018 (NSW)

New South Wales

Forestry Amendment Regulation 2018

under the

Forestry Act 2012

The Administrator, with the advice of the Executive Council, has made the following Regulation under the Forestry Act 2012.

PAUL TOOLE, MP

Minister for Lands and Forestry

Explanatory note

The objects of this Regulation are:

(a)

to make provision for the continued operation of existing integrated forestry operations approvals, to the extent that they apply to bee-keeping and grazing activities, which would otherwise be affected by amendments made by the Forestry Legislation Amendment Act 2018 (the amending Act) that will result in bee-keeping and grazing no longer being treated as on-going forest management operations to which Part 5B (Integrated forestry operations approvals) of the Forestry Act 2012 applies, and

(b)

to require the payment of periodic fees in relation to forest permits issued by the Forestry Corporation.

This Regulation is made under the Forestry Act 2012, including section 92 (the general regulation-making power) and clause 1 (1A) of Schedule 3 (as inserted by the amending Act).

Forestry Amendment Regulation 2018 [NSW]

Forestry Amendment Regulation 2018

under the

Forestry Act 2012

1      Name of Regulation

This Regulation is the Forestry Amendment Regulation 2018.

2      Commencement

This Regulation commences on 9 November 2018 and is required to be published on the NSW legislation website.

3 Amendment of Forestry Act 2012 No 96

Schedule 3 Savings, transitional and other provisions

Insert after clause 17:

17A

Bee-keeping and grazing activities

(1)	The on-going forest management operations referred to in paragraph (c) of the definition of forestry operations in section 3 (1) of this Act are, for the purposes of Parts 5A and 5B of this Act, taken to include bee-keeping and grazing carried out in accordance with the provisions of an integrated forestry operations approval as in force immediately before 9 November 2018.
(2)	This clause ceases to have effect on 9 November 2019.

4 Amendment of Forestry Regulation 2012

Clause 28A

Insert after clause 28:

28A

Additional fees for forest permits issued by Corporation

(1)	The Corporation may require the holder of a forest permit issued by the Corporation to pay fees in relation to the permit.
(2)	The Corporation may determine the amount of those fees and the times that they are payable.
(3)	The fees payable under this clause may be reviewed and varied by the Corporation from time to time.
(4)	The payment of fees under this clause in relation to a forest permit is taken to be a condition of the permit.
(5)	The fees determined under this clause in relation to a forest permit are additional to any fee determined under section 60 of the Act for issuing the permit.