New South Wales Consolidated Acts

FORESTRY ACT 2012 - SECT 4

4 Meaning of "plantation"

(1) For the purposes of this Act, a
"plantation" is, subject to this section, an area of Crown-timber land (other than a flora reserve), or an area of land owned by the Corporation, on which the predominant number of trees forming, or expected to form, the canopy are trees that have been planted (whether by sowing seed or otherwise)--

(a) for the purpose of timber production, or

(b) for the protection of the environment (including for the purpose of reducing the salinity of the land or otherwise repairing or improving the land, for the purpose of biodiversity conservation or for the purpose of acquiring or trading in carbon sequestration rights), or

(c) for any other purpose,

but not principally for the purpose of the production of food or any other produce other than timber.

(2) To avoid doubt, a natural forest is not a plantation for the purposes of this Act. However, an area of land is not a natural forest merely because it contains some native trees that have not been planted.

(3) The Minister may, after carrying out an assessment of an area of land, by order published in the Gazette make a determination as to whether or not the area comprises or is part of a plantation for the purposes of this Act. Any such determination has effect according to its tenor.