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This is a Bill, not an Act. For current law, see the Acts databases.
New South Wales
Natural Resources Legislation
Amendment (Rural Environmental
Services) Bill 1999
Contents
Page
1 Name of Act 2
2 Commencement 2
3 Amendment of Acts 2
Schedules
1 Amendment of Electricity Supply Act 1995 No 94 3
2 Amendment of Forestry Act 1916 No 55 4
3 Amendment of Mining Act 1992 No 29 6
I certify that this PUBLIC BILL, which originated in the LEGISLATIVE ASSEMBLY, has
finally passed the LEGISLATIVE COUNCIL and the LEGISLATIVE ASSEMBLY of NEW
SOUTH WALES.
Clerk of the Legislative Assembly.
Legislative Assembly,
Sydney, , 1999
New South Wales
Natural Resources Legislation
Amendment (Rural Environmental
Services) Bill 1999
Act No , 1999
An Act to amend the Electricity Supply Act 1995 to recognise carbon sequestration
as a means by which electricity retailers can meet their environmental licence
conditions; to amend the Forestry Act 1916 to clarify the powers of the Forestry
Commission to provide environmental services in relation to rural and other areas;
to amend the Mining Act 1992 to encourage the afforestation of rural and other
areas that are damaged by mining; and for related purposes.
I have examined this Bill, and find it to correspond in all respects with the Bill as
finally passed by both Houses.
Chairman of Committees of the Legislative Assembly.
Clause 1 Natural Resources Legislation Amendment (Rural Environmental
Services) Bill 1999
The Legislature of New South Wales enacts:
1 Name of Act
This Act is the Natural Resources Legislation Amendment (Rural
Environmental Services) Act 1999.
2 Commencement
This Act commences on a day or days to be appointed by
proclamation.
3 Amendment of Acts
The Acts specified in Schedules 1-3 are amended as set out in those
Schedules.
Page 2
Natural Resources Legislation Amendment (Rural Environmental
Services) Bill 1999
Amendment of Electricity Supply Act 1995 No 94 Schedule 1
Schedule 1 Amendment of Electricity Supply Act 1995
No 94
(Section 3)
[1] Schedule 2 Licences
Insert "(such as energy from plantation, sawmill and logging waste biomass
sources that are sustainably harvested)" after "renewable energy" in clause
6 (4) (c) (ii).
[2] Schedule 2, clause 6 (6) (a)
Omit "as agreed in the National Greenhouse Response Strategy 1992 and
the InterGovernmental Agreement on the Environment, or as determined by
the Council of Australian Governments".
Insert instead "as agreed in any national greenhouse policies approved by
the Council of Australian Governments".
[3] Schedule 2, clause 6 (6) (b)
Insert "and carbon sequestration levels" after "emissions".
[4] Schedule 2, clause 6 (6A)
Insert after clause 6 (6):
(6A) For the purposes of subclause (6), in calculating greenhouse
gas emissions from electricity supplied to customers in New
South Wales, net reductions in greenhouse gases resulting from
sources such as carbon sequestration (within the meaning of
section 87A of the Conveyancing Act 1919) by planted forests
may be taken into account in accordance with a methodology
approved by the Minister.
Page 3
Natural Resources Legislation Amendment (Rural Environmental
Services) Bill 1999
Schedule 2 Amendment of Forestry Act 1916 No 55
Schedule 2 Amendment of Forestry Act 1916 No 55
(Section 3)
[1] Section 4 Definitions
Insert in appropriate alphabetical order:
carbon sequestration has the same meaning as it has in section
87A of the Conveyancing Act 1919.
natural resource environmental service includes any of the
following:
(a) the establishment, purchase, management or
maintenance of planted forests for the purpose of mine
site management, carbon sequestration, forest biomass
production, soil and water catchment improvement,
biodiversity conservation, control of feral and weed
species, research or for any other environmental
purpose,
(b) the provision of any service that is necessary or
incidental to a matter referred to in paragraph (a)
including:
(i) the procurement of land, the registration of
interests in land and the obtaining of any
necessary statutory approvals, and
(ii) the accreditation or other authorisation of a
plantation, and
(iii) the securing of contractual arrangements,
(c) any other service provided in connection with the use or
management of planted forests that is prescribed by the
regulations.
[2] Section 8A Objects of the commission
Insert "and land owned by the commission or otherwise under its control or
management" after "Crown-timber lands" in section 8A (1) (a)-(c) wherever
occurring.
Page 4
Natural Resources Legislation Amendment (Rural Environmental
Services) Bill 1999
Amendment of Forestry Act 1916 No 55 Schedule 2
[3] Section 8A (1) (d)
Omit "and".
[4] Section 8A (1) (f)
Insert after section 8A (1) (e):
, and
(f) to provide natural resource environmental services
(whether within or outside of New South Wales).
[5] Section 11 Powers and duties of the commission
Omit "or" from section 11 (1) (m4).
[6] Section 11 (1) (m5)
Insert after section 11 (1) (m4):
(m5) without limiting paragraph (m4), may, for any purpose
consistent with its objects, confer or grant a forestry
right (whether in respect of timber, carbon sequestration
or otherwise) over State forests or land owned by the
commission, or
[7] Section 33B Definitions
Omit the definition of carbon sequestration.
Page 5
Natural Resources Legislation Amendment (Rural Environmental
Services) Bill 1999
Schedule 3 Amendment of Mining Act 1992 No 29
Schedule 3 Amendment of Mining Act 1992 No 29
(Section 3)
[1] Section 239 Rehabilitation etc of area damaged by mining
Insert after section 239 (1):
(1A) The Minister or mining registrar may, in any particular case,
determine that an authority or mineral claim be granted or
renewed subject to conditions relating to the afforestation
(including for carbon sequestration within the meaning of
section 87A of the Conveyancing Act 1919 and related
environmental purposes) of such part of the land over which
the authority or claim has effect as may have been damaged or
adversely affected by prospecting operations or mining
operations.
(1B) However, a condition referred to in subsection (1A) may only
be imposed at the request of the applicant for, or holder of, the
authority or claim.
[2] Section 239 (3)
Insert "or (1A)" after "subsection (1) (a)".
Page 6
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