New South Wales Consolidated Acts

FORESTRY ACT 2012 - SECT 69SB

69SB Enforcement functions of EPA

(1) The Environment Protection Authority has the function of monitoring the carrying out of forestry operations to which this Part applies and the function of enforcing compliance with the requirements of integrated forestry operations approvals.

(2) The Biodiversity Conservation Act 2016 contains provisions relating to the enforcement of this Part, and accordingly--

(a) functions under Part 6 of this Act (Investigations and enforcement powers) are not exercisable in relation to any matter arising under this Part, and

(b) proceedings for an offence against this Part or the regulations under this Part cannot be instituted under Part 7 of this Act (Criminal proceedings and related matters) and that Part does not apply to any such alleged offence.

Note : This Part (in addition to Parts 5A and 5B of the Local Land Services Act 2013 ) is native vegetation legislation (and offences under this Part are native vegetation offences) for the purposes of the Biodiversity Conservation Act 2016 . Accordingly, the following provisions of that Act apply (to the extent specified in those provisions) to the enforcement of this Part--

(a) Part 11 (Regulatory compliance mechanisms), except Division 3,

(b) Part 12 (Investigation powers),

(c) Part 13 (Criminal and civil proceedings),

(d) Section 14.7A (Provisions relating to regulation or enforcement of native vegetation legislation).

See also section 13.14A of the Biodiversity Conservation Act 2016 .

(3) In this section--

"enforcing compliance" includes instituting criminal or civil proceedings.

"monitoring" includes investigating and reporting.