Tipos de emociones y competencias emocionales

230. Protection of retained trees generally

(1) Damage to trees that must not be felled under, or are retained for the purposes of, this Part in a logging operation or a non-commercial thinning operation must be avoided or minimised to the greatest extent practicable in carrying out that operation or any other forestry operation (whether carried out at the same or subsequent time).

(2) Despite subclause (1), different trees to those retained in an earlier operation may be retained in a subsequent logging or non-commercial thinning operation to ensure that the requirements of this Part continue to be complied with. Nevertheless, in so far as those requirements allow, trees retained in the earlier operation are to be retained in the subsequent logging or non-commercial thinning operation.

(3) This clause does not affect the duty of Forests NSW under section 63 of the Rural

Fires Act 1997 or any other obligation imposed by or under that Act with respect to

bush fire hazard reduction work. Accordingly, subclause (1) is subject to that duty and any such other obligation.

(4) In the case of any “koala scat” tree that must not be felled under clause 205 in a logging or non-commercial thinning operation referred to in that clause, this clause applies only with respect to that operation and not a subsequent operation.

231. Specific measures to protect retained trees

(1) In this clause, “protected tree” means a tree that must not be felled under, or that is retained for the purposes of, this Part. However, in the case of any “koala scat” tree which must not be felled under clause 205, the tree is a protected tree only for the duration of the logging or non-commercial thinning operation referred to in that clause. (2) This clause does not affect the generality of the duty under clause 230.

(3) Directional felling is to be used so as to reduce the potential for damage to protected trees.

(4) Routes of new roads and for the extraction of timber are to be planned so as to reduce the potential for damage to protected trees.

(5) Such trees must not be used as bumper trees when snigging.

(6) Logging debris must be prevented, to the greatest extent practicable, from accumulating within 5 metres of any protected tree during a logging operation. If logging debris does accumulate, then it must be flattened to a height of less than one metre or removed before any post-harvest burning is carried out. However, in flattening or removing the logging debris, disturbance to the ground surface and the understorey must be avoided to the greatest extent practicable.

(7) In carrying out a logging operation, disturbance to the ground surface and understorey within 5 metres of any protected tree must be avoided or minimised to the greatest extent practicable.

(8) In this clause, “directional felling” means the felling of a tree at a particular angle so that it falls in a pre-determined direction.

232. Auditing compliance with Part – table for calculating dbhob using stump dimensions

(1) For the purposes of this Part, a western ironbark tree or white cypress tree that has been felled in an operation, leaving a stump of a particular height and diameter, is taken to have had (before being felled) a dbhob calculated by subtracting 1 cm from the dbhob specified in the relevant table set out in Schedule 6 as the dbhob for a western ironbark tree or white cypress tree (as the case may be) whose trunk has the same diameter (over bark) as the stump when measured at the same height from the ground as the stump.

Note: The subtraction of 1 cm from the relevant dbhob specified in the table is necessary to

accommodate the approximate margin of error in the prediction of the dbhob from stump height.

(2) For the purposes of this clause, the height of a tree stump from the ground is to be determined in accordance with the following rules:

(a) if the ground is not flat, the height of the tree stump is to be measured from the ground on the up slope side of the stump,

(b) if the surface of the tree stump is not at right angles to its axis, the height of the stump is to be measured from the ground to the lowest point of the surface of the stump,

(c) if the surface of the tree stump is not at right angles to its axis and the stump slopes uphill, the height of the tree stump is to be measured from the ground (on the up slope side) to the point at which a plane at right angles to the axis of the tree stump, projected from the lowest point of the surface of the stump, would intersect with the circumference of the stump (on the up slope side).

(3) For the purposes of this clause, the diameter of the tree stump (including its bark) is its diameter measured at its height from the ground (as determined in accordance with subclause (2)), using a diameter tape, and at right angles to the axis of the tree stump.

(1) Forests NSW is to develop, in consultation with DECCW, a methodology for auditing compliance with the requirements for the retention of trees for the purposes of this Part (namely, clauses 197 (2), 198, 199, 200, 206 and 216). Forests NSW is to endeavour to have in place an auditing methodology (approved by DECCW) within 12 months of the commencement of this approval.

(2) The methodology for auditing compliance with the requirements for the retention of trees for the purposes of this Part is to specify the following:

(a) how many sample areas surrounding the stumps of trees felled in an operation need to be selected,

(b) the size of each sample area, including whether or not the sample area must be the whole hectare surrounding a stump of a tree or whether it may comprise a smaller plot or plots of land within that hectare,

(c) how each sample area is to be selected,

(d) the method of measuring basal area, and calculating the total basal area, of western ironbark trees in a sample area (retained for the purposes of clause 197 (2)), including the extent to which estimates may be used,

(e) the method of calculating number of trees retained for the purposes of clauses 198, 199, 200, 206 and 216, respectively, in a sample area,

(f) the acceptable level of error in the results obtained by applying the methods referred to in paragraphs (d) and (e) to a sample area.

(3) The methodology for auditing compliance may deal with other matters in addition to those described in subclause (2).

(4) The methodology developed under this clause does not have effect unless and until DECCW has approved it in writing. It may be amended from time to time with the written approval of DECCW.

234. Records to be kept of removal of dead, dangerous trees

If a dead, dangerous tree (as described in ‘Forests NSW Safety Standard 1.3.9 “Dealing with Dangerous Trees”’, as current from time to time) is removed (because it is a dangerous tree), Forests NSW is to ensure the following information is recorded:

(a) the location of the dead, dangerous tree (by reference to its grid co-ordinates), (b) the date on which the dead, dangerous tree was removed,

(c) the diameter of the tree stump left,

(d) the species of the dead, dangerous tree (if known).

Note: Clause 16 (Part 1.1) makes it clear that duties under occupational health and safety laws (including Forests NSW’s internal safety standards) prevail over any restriction imposed by the approval. Accordingly, a tree that would otherwise be required to be retained under this Part may be removed, if it is dangerous. However, if a dead, dangerous tree is removed, Forests NSW must record the information in the above clause.

PART 3.5 – CONDITIONS RESTRICTING CERTAIN FORESTRY