New South Wales Consolidated Acts

FORESTRY ACT 2012 - SECT 59

59 Objectives of land manager of forestry area

(1) The land manager of a forestry area has the following objectives in the exercise of functions as land manager of the area--

(a) to facilitate public access to the forestry area,

(b) to promote the recreational use of the forestry area,

(c) to conserve fauna (other than feral animals) living in the forestry area.

(1A) If the Corporation is the land manager of a forestry area used for forestry operations with trees of exotic coniferous species, the Corporation may facilitate the construction and operation of renewable energy infrastructure in the forestry area.

(1B) An action by the Corporation under subsection (1A) must--

(a) be consistent with the obligations of the Corporation under a sustainable forest management certification scheme, including the following--

(i) restrictions on converting forested land to non-forest uses,

(ii) requirements to support local communities and timber processors with sustainable yield of forest products in the short, medium, and long term, and

(b) not result in premature harvesting of timber that causes the Corporation to fail to meet a supply commitment to a local timber processor under a timber supply agreement, and

(c) not result in more than 0.7% of forestry areas currently used for forestry operations with trees of exotic coniferous species being used for the construction and operation of renewable energy infrastructure, and

(d) not result in a net loss of timber available for forestry operations, and

(e) result in a net gain of land available for forestry operations.

(1C) The Corporation must ensure that any land used for forestry operations in substitution for land used for the construction and operation of renewable energy infrastructure--

(a) is a similar distance from local timber processors as the land for which it is substituted, and

(b) has an area at least twice as large as the area used for the construction and operation of renewable energy infrastructure, and

(c) is of the same or greater productive capacity, and

(d) has the same or greater average annual rainfall.

(1D) The Corporation will remain a State owned corporation that must act in accordance with the objectives of the Act.

(2) However, the functions of the land manager of a forestry area are to be exercised--

(a) in the case of an area that is or is part of a State forest--

(i) in a manner that is not inconsistent with the use of State forests for the purposes of carrying out forestry operations, and

(ii) in accordance with the management plan for the State forest and in accordance with good forestry practice, and

(b) in the case of an area that is or is part of a flora reserve--

(i) in a manner that is not inconsistent with the use of flora reserves for the preservation of native flora, and

(ii) in accordance with the working plan for the flora reserve.

(3) The principal objectives of the Corporation specified in section 10(1)(a) and (e) do not apply in relation to the Corporation in the exercise of its functions as the land manager of a forestry area.