El Analfabetismo alcanza el Arte
3.2 Hacia un Entendimiento
PART 2.4 – ON-GOING FOREST MANAGEMENT OPERATIONS IN
DRAINAGE PROTECTION AREAS
120. Felling of trees for the purpose of on-going forest management operations prohibited
(1) A tree in a drainage protection area must not be felled, cut or destroyed in the course of, or for the purpose of, an on-going forest management operation, such as thinning, grazing or beekeeping.
(2) A tree must not be felled into, or removed from, a drainage protection area in the course of, or for the purpose of, an on-going forest management operation.
(3) Despite subclause (2), a tree of any cypress species may be cut using a brush cutter so that it falls into a drainage protection area in the course of non-commercial thinning of cypress regrowth.
121. Tree felling allowed if for pest, weed or disease control
(1) Despite clause 120, trees may, with the approval in writing of DECCW, be felled, cut or destroyed (including by burning) within a drainage protection area (and removed from that area) for the purpose of assisting in the control of a pest, weed or disease
(whether for the protection or rehabilitation of the environment or for the protection of timber resources).
(2) An operation may be carried out under this clause even though timber in trees felled in the operation is removed for use in timber products. However, timber in trees of an ironbark species (other than western ironbark) or trees of a species belonging to the
Angophora genus may not be removed for use in timber products.
(3) An operation under this clause for the control of a pest, weed or disease may be carried out only in accordance with any conditions imposed by DECCW as part of its approval, including conditions relating to access to the drainage protection area and removal of any timber (or waste) from the area.
(4) To avoid doubt, if pest, weed or disease control does not involve the felling or destruction of trees, it may be carried out in a drainage protection area without DECCW’s approval. For example, pesticides, herbicides and insecticides may be applied in the drainage protection area without DECCW’s approval.
122. Thinning dense cypress re-growth
(1) Despite clause 120, a dense stand of cypress re-growth within a drainage protection area may, with the approval in writing of DECCW, be thinned (including through the use of fire).
(2) A thinning operation may be carried out under this clause even though timber in trees felled in the operation is removed for use in timber products.
(3) Thinning under this clause may be carried out only in accordance with any conditions imposed by DECCW as part of its approval, including any conditions relating to access to the stand of cypress re-growth within the drainage protection area and removal of any timber (or waste) from the drainage protection area.
123. Bush fire hazard reduction work restricted
(1) Forests NSW must not carry out, or authorise the carrying out of, bush fire hazard reduction work within a drainage protection area, except to the extent necessary to fulfil its duty under section 63 of the Rural Fires Act 1997 or any other obligation imposed by or under that Act.
(2) Subclause (1) is not breached if a fire is lit outside a drainage protection area for the purpose of bush fire hazard reduction but, despite the taking of all reasonable
precautions to prevent it from doing so, the fire spreads to a drainage protection area. (3) Despite clause 120, a tree may be felled in (or into) a drainage protection area (and
removed from that area) if necessary for Forests NSW to fulfil its duty under section 63 of the Rural Fires Act 1997 or any other obligation imposed by or under that Act. (4) This clause does not restrict grazing for the purpose of bush fire hazard reduction in a
drainage protection area.
124. Burning for other silvicultural purposes restricted
(1) This clause applies to a burning operation other than bush fire hazard reduction.
(2) Forests NSW must not carry out a burning operation, or authorise such an operation, in a drainage protection area except:
(a) in accordance with clause 121 for the purpose of pest, weed or disease control, or
(b) in accordance with clause 122 for the purpose of thinning a dense stand of cypress re-growth, or
(c) in accordance with subclause (4) for the purpose of maintaining or restoring the ecology of the area.
(3) Subclause (2) is not breached if a fire is lit outside a drainage protection area, but despite the taking of all reasonable precautions to prevent it from doing so, the fire spreads to a drainage protection area.
(4) Forests NSW may carry out a burning operation, or authorise such an operation, for the purpose of maintaining or restoring the ecology of a drainage protection area with DECCW’s approval in writing. Any such burning operation may be carried out only in accordance with any conditions imposed by DECCW as part of its approval, including any conditions relating to access to the drainage protection area.
125. Bee-keeping restricted
(1) A beehive set-down site must not be established within a drainage protection area. (2) Native vegetation may be cleared or disturbed within a drainage protection area to
maintain an existing beehive set-down site or access to such a site (despite clause 120). However:
(a) trees in the area that have a dbhob of 100 mm or more may not be felled or destroyed only for this purpose, and
(b) native vegetation in the area may be cleared or disturbed to maintain access to a beehive set-down site outside the area only if there is no alternative practicable means of access to the site.
(3) In this clause:
“existing beehive set-down site” means a beehive set-down site that existed as at the
commencement of this approval or a beehive set-down site that is established after that date other than one established in breach of a term of this approval; and
Note: Chapter 3 also prohibits the establishment of a new beehive set-down site within an
environmentally significant area. An area may not become an environmentally significant area for the purposes of Chapter 3 until evidence of a threatened species is found in the area or an area may not be known to be an environmentally significant area until a survey is carried out before a logging operation is undertaken in the compartment in which it is located. Accordingly, a beehive set-down site that is established before either occurrence will not have been
established in breach of the approval (that is, it will be an existing beehive set-down site).
“native vegetation” has the same meaning as in the Native Vegetation Act 2003.