South Australian Repealed Acts

This legislation has been repealed.

NATURAL RESOURCES MANAGEMENT ACT 2004 - SECT 169B

169B—Declaration of forestry areas

        (1)         The Minister may, by notice in the Gazette, declare an area of the State to be a declared forestry area for the purposes of this Act.

        (2)         However, the Minister must not declare an area to be a declared forestry area unless—

            (a)         the area has been identified in a water allocation plan under section 76(9) ; and

            (b)         the Minister has referred the matter to the Minister primarily responsible for commercial forestry within the State and has considered any advice provided by that Minister; and

            (c)         the Minister is satisfied, after taking into account such matters as the Minister thinks fit—

                  (i)         that commercial forests in the relevant area (including after taking into account expansions that are reasonably likely to occur into the future) are having, or are reasonably likely to have, a significant hydrological impact on a prescribed water resource; and

                  (ii)         that the declaration is a reasonable measure to improve the management of the prescribed water resource.

        (3)         While a declaration is in force under subsection (1) , the forest manager for a commercial forest within the declared forestry area that falls within the relevant designation under the water allocation plan must ensure that the forest is the subject of a forest water licence granted by the Minister under Division 2 (unless the commercial forest is a forest excluded from the operation of Division 2 by the relevant water allocation plan).

        (4)         The Minister may, by subsequent notice in the Gazette—

            (a)         vary the declaration of an area under subsection (1) ;

            (b)         revoke the declaration of an area under subsection (1) .

        (5)         If a notice is published under subsection (4) , the Minister may, by the same or a subsequent notice in the Gazette, make provision for any transitional or consequential matter, including for the status or operation of any forest water licence that may apply in relation to the relevant area and the status or hydrological transfer value (if any) of any water allocation attached to any forest water licence after taking into account the provisions of the relevant water allocation plan (and any such notice will have effect according to its terms).

        (6)         For the purposes of this section, the expansion of a commercial forest will be taken to include a situation where there is to be an increase in the land that is to be planted with trees for the purposes of a commercial forest.