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ENVIRONMENT PROTECTION AND BIODIVERSITY CONSERVATION ACT 1999 - SECT 40

Forestry operations in regions not yet covered by regional forest agreements
(1)
A person may undertake forestry operations in an RFA region in a State or Territory without approval under Part 9 for the purposes of a provision of Part 3 if there is not a regional forest agreement in force for any of the region.

Note 1: This section does not apply to some forestry operations. See section 42.

Note 2: The process of making a regional forest agreement is subject to assessment under the Environment Protection (Impact of Proposals) Act 1974 , as continued by the Environmental Reform (Consequential Provisions) Act 1999 .

(2)
In this Act:

"forestry operations" has the same meaning as in the Regional Forest Agreements Act 1999 .

(3)
Subsection (1) does not operate in relation to an RFA region that is the subject of a declaration in force under this section.

(4)
The Minister may declare in writing that subsection (1) does not apply to an RFA region.

(5)
A declaration is a disallowable instrument for the purposes of section 46A of the Acts Interpretation Act 1901 .

(6)
The Minister must not make a declaration that has the effect of giving preference (within the meaning of section 99 of the Constitution) to one State or part of a State over another State or part of a State, in relation to the taking of the action:

(a)
by a person for the purposes of trade or commerce between Australia and another country or between 2 States; or

(b)
by a constitutional corporation.



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