Guidelines for applicants

The NSW Government is committed to supporting the sustainable development of plantation forestry throughout the State.

To demonstrate its determination to encourage the industry in rural areas, the Government has streamlined and improved legislation governing plantation forestry.

The Plantations and Reafforestation Act 1999 (PR Act) came into effect in 2001 and seeks to streamline the approval process required to invest in plantations while maintaining existing environmental standards.

A Code has been developed for the PR Act, which sets clear guidelines for plantation establishment and management.

It provides certainty of outcomes for developers (ie, if your application meets the requirements set out in the Code it will be authorised) and appropriate environmental safeguards.

The Code details requirements for:

• the level of permissible clearing;
• protection of rivers and other drainage features;
• protection of cultural sites; and
• roads and harvesting operations.

The Department of Primary Industries (DPI), is the consent authority for plantations under the PR Act.

To make an application you need to address the following steps.

Pre-application steps

Planning a new plantation

Familiarise yourself with the Code and its requirements. These documents are available from all DPI offices or on the Private forestry webpage.

Next, determine whether your proposed plantation fits the criteria.

There are two classes of new plantations under the Act that require authorisation:

• timber plantations (commercial species for harvest); and
• plantations other than timber plantations (for the protection of the environment such as reducing salinity).

For both these classes, authorisation is not required (unless specifically requested by the landholder) if:

• the combined area of the proposed plantation on the property is less than 30 hectares; and
• any clearing proposed is exempt from development consent under the Native Vegetation Conservation Act 1997 (NVC Act).

This category is known as Exempt Farm Forestry.

Authorisation of a plantation provides the landholder with the right to harvest.

If the area of the proposed plantation is greater than 30 ha and the application meets the complying requirements of Part 4 of the Code, the plantation will be authorised.

However, if the area is greater than 30 ha but does not meet all the requirements of Part 4 of the Code, authorisation will only be given if the impacts of the non-complying parts of the proposal are considered not to be significant.

In such cases, conditions may be added to the authorisation.

What happens next?

After making these preliminary checks, contact your local DPI office for advice on your proposal.

Regional offices are listed at the bottom of this page.

The DPI officers can provide information to assist you with the preparation of your proposal, such as: 

• an aerial photograph or satellite image;
• information showing lots and development plans of your property;
• maps and technical information on vegetation, habitats and threatened species in the area;
• land resource information, such as rainfall, slope and soil types;
• the existence of any Aboriginal sites; and
• relevant landcare plans, land and water management plans and catchment management plans, all of which may affect your proposal.

The DPI officer can also assist you with the preparation of your application by providing checklists of the information required.

Step 1: The site visit

If you decide to go ahead, you must arrange a site visit and inspection with the DPI officer.

The site visit is one of the most important steps of the authorisation process, because much of the assessment occurs at this stage.

At the site visit the DPI officer will ensure that:

• you understand the difference between the various categories of plantations;
• both parties have a common understanding of the proposal; and that
• all the issues that need to be addressed in the plantation plan are discussed.

The DPI officer will advise you of the plantation category relevant to your proposal.

If your proposal does not meet all of the requirements of Part 4 of the Code, the DPI officer will:

• explain the reasons why the proposed plantation does not comply with Part 4 of the Code;
• suggest possible modifications to the proposal, which would ensure its compliance to Part 4 of the Code; and
• discuss issues that will be pertinent to the assessment, such as land resource issues, drainage protection, vegetation clearing and retention and threatened species.

Step 2: Preparing an application

You must complete the following documents:

• an application form; and
• a plantation plan.

The DPI officer will help you save time and money by providing help in completing these documents correctly and identifying other supporting information needed.

If your application does not meet all of the requirements of Part 4 of the Code, you must include a statement that covers:

• how the plantation operations are likely to impact the natural and built environments;
• social and economic impacts in the locality;
• suitability of the site for a plantation; and
• the public interest.

Step 3: Submitting your application

Send your completed application package (application form, plantation plan), together with the relevant fee, to your local DPI office.

If during the assessment it becomes apparent that the information supplied is not adequate, the DPI officer assessing your application will advise you of the extra information required.

Step 4: Processing your application

The State Government is committed to prompt processing of applications for plantation authorisation.

Depending on the type of plantation you are applying for, from the date of submission your application will be processed within:

• 14 days if it is assessed as complying with Part 4 of the Code; or
• 40 days if it is being assessed as not-complying with Part 4 of the Code.

More time is required to assess this type of application because of additional checks such as:

• soil and water degradation effects;
• biodiversity significance; and
• cultural heritage issues.

If the application is assessed as having a potentially significant effect on threatened species, populations, ecological communities or their habitats, a species impact statement, in accordance with the Threatened Species Conservation Act 1995 may be required.

The officer assessing your application will advise you of its progress and include you in discussions for solutions to more complex assessment issues.

Step 5: Assessment outcome

The application will be determined as follows:

• authorised;
• authorised with conditions; or
• refused.

If authorised, you will receive:

• a statement of authorisation with conditions if appropriate;
• a map confirming details of the plantation plan; and
• a copy of the Code.

You may appeal to the Land and Environment Court within 28 days after the date of the decision if you disagree with the outcome.

Step 6: Managing your plantation

Once authorised you may establish or continue to manage the plantation in accordance with the Code and any other conditions of authorisation.

The DPI officer can, if required, assist you with the preparation of operational plans that are required to outline how you propose to manage any necessary site preparation, river crossing construction or harvesting operations.

The DPI officer will make periodic visits to your plantation and is available for help and advice.

Existing plantations

If you have an existing plantation, obtaining authorisation is not compulsory.

However, authorisation of existing plantations provides guaranteed right to harvest.

Applications for existing plantations will be authorised if the plantation was legally established in accordance with the Environmental Planning and Assessment Act 1979, or any other relevant law and the planted trees are or will form the predominant component of the canopy.

As well as plantation establishment, authorisation is also required for future rotations. This means that if you already have a plantation established you will still need authorisation in order to re-establish it after harvesting.

However, once you have obtained authorisation, it will remain valid through future rotations.

If your existing plantation was authorised under the Timber Plantations (Harvest Guarantee) Act 1995, it will automatically become authorised under the PR Act.

Benefits of plantations

The NSW Government supports the establishment of forest plantations and reafforestation on essentially cleared land with the aim of improving land degradation and other environmental problems, while also providing sustainable timber resources and a diversified source of income for rural producers.

High environmental standards in NSW ensure the protection of soil and water, biodiversity and cultural values.

Plantation establishment is preferred on essentially cleared land, with sensitive areas being protected.

Plantations and reafforestation can deliver a range of environmental benefits including acting as carbon ‘sinks’ to offset greenhouse gas emissions. This also creates an additional basis for investment and possible future trade in carbon credits.

Addressing salinity is another role planted trees can provide to the environment. The NSW Salinity Strategy contains a number of actions to further develop this role and plantations and reafforestation is a major factor in this process.

Trees can help reduce soil salinity by lowering water tables, particularly where trees are planted in catchment recharge zones.

Many species of wildlife adapt readily to living in or adjacent to plantations.

Replanting trees on cleared land can restore some of the natural balance of catchments, and where native species are established, can contribute to biodiversity outcomes.

Environmental plantings, established with no expectation of a commercial harvest, could include riparian corridors, forest borders and amenity zones.

For these reasons and more, the establishment of plantations and reafforestation in New South Wales will generate environmental services of benefit to all communities.

Want more information?

The Plantations and Reafforestation Act 1999 and the Code are available to view or download on the Private forestry webpage.

Copies of these documents can also be obtained from your local DPI office.

NSW Departments