{"id":"nsw:act-1995-050","name":"Forestry Restructuring and Nature Conservation Act 1995","slug":"forestry-restructuring-and-nature-conservation-act-1995","collection":"act","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"50 of 1995","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":105731,"registerId":"nsw-act-1995-050-current","compilationNumber":null,"startDate":"2026-04-03","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Act","content":"#### 1 Name of Act\n\n1 Name of Act\n\n> This Act is the [Forestry Restructuring and Nature Conservation Act 1995](/view/html/inforce/current/act-1995-050).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Act commences on a day or days to be appointed by proclamation.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definitions","content":"#### 3 Definitions\n\n3 Definitions\n\n> In this Act—\n> \n> Budget Papers means the Budget Papers tabled in Parliament (whether before or after the commencement of this section).\n> \n> Environmental Trust Act means the [Environmental Trust Act 1998](/view/html/inforce/current/act-1998-082).\n> \n> Fund means the Environmental Trust Fund established under the [Environmental Trust Act](/view/html/inforce/current/act-1998-082).\n> \n> **s 3:** Am 1998 No 82, Sch 2.1 \\[2\\].","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Payments from the Fund for certain programs","content":"#### 4 Payments from the Fund for certain programs\n\n4 Payments from the Fund for certain programs\n\n> > (1) There is to be paid out of the Fund such amounts as the Minister for Climate Change and the Environment directs for payment into the Consolidated Fund to offset the amounts paid from the Consolidated Fund for the following expenditure—\n> > \n> > > (a)–(c) (Repealed)\n> > \n> > > (d) Expenditure for the purpose of implementing forestry restructure and assistance schemes and programs in the Brigalow and Nandewar and adjacent areas, including business exit assistance, timber worker assistance and industry development assistance, shown in the Budget Papers or declared in writing by the Treasurer as expenditure to be recouped from the Fund. That expenditure is referred to in this Act as Brigalow and Nandewar areas expenditure.\n> > \n> > > (e) (Repealed)\n> \n> > (1A) (Repealed)\n> \n> > (2) The Treasurer is to certify to the Minister from time to time the amounts paid from the Consolidated Fund for the expenditure referred to in this section.\n> \n> > (3), (4) (Repealed)\n> \n> > (5) Money is not to be paid from the Fund under this Act in respect of Brigalow and Nandewar areas expenditure unless the Minister for Climate Change and the Environment and the Minister for Mineral and Forest Resources jointly certify that the expenditure has been incurred for the purposes of implementing a scheme or program designed to assist persons affected by Government forest conservation initiatives in the Brigalow or Nandewar areas.\n> \n> > (6) (Repealed)\n> \n> **s 4:** Am 1997 No 64, Sch 4.1; 1998 No 82, Sch 2.1 \\[5\\]; 2005 No 56, Sch 12.3 \\[1\\]–\\[3\\]; 2010 No 22, Sch 10.2 \\[1\\]–\\[4\\]; 2018 No 25, Sch 6.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Minister determines timing and details of payment","content":"#### 5 Minister determines timing and details of payment\n\n5 Minister determines timing and details of payment\n\n> The timing of payments from the Fund under this Act and the amount of a particular payment on a particular occasion are to be as determined by the Minister for Climate Change and the Environment. The Minister is to be mindful of the need for the Fund to be able to earn income in order to meet its projected commitments under this Act and the Environmental Trust Act over the period of operation of this Act.\n> \n> **s 5:** Am 1998 No 82, Sch 2.1 \\[6\\] \\[7\\].","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":null,"content":"#### 6\n\n6–8 (Repealed)","sortOrder":5},{"sectionNumber":"9","sectionType":"section","heading":"Payments can be made out of capital and income","content":"#### 9 Payments can be made out of capital and income\n\n9 Payments can be made out of capital and income\n\n> Payments under this Act can be made out of both capital and income of the Fund.","sortOrder":7},{"sectionNumber":"10","sectionType":"section","heading":null,"content":"#### 10\n\n10–11A (Repealed)","sortOrder":8},{"sectionNumber":"12","sectionType":"section","heading":"Audit by Auditor-General of payments from the Fund","content":"#### 12 Audit by Auditor-General of payments from the Fund\n\n12 Audit by Auditor-General of payments from the Fund\n\n> The audit of the accounts relating to the Fund by the Auditor-General under the [Government Sector Audit Act 1983](/view/html/inforce/current/act-1983-152) is to include an audit of the payments made from the Fund under this Act.\n> \n> **s 12:** Am 2023 No 35, Sch 3.2.","sortOrder":10},{"sectionNumber":"13","sectionType":"section","heading":null,"content":"#### 13\n\n13 (Repealed)","sortOrder":11},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":null,"content":"# Schedule 1\n\nSchedules 1, 2 (Repealed)\n\n**sch 1:** Am 1998 No 82, Sch 2.1 \\[16\\]. Rep 2005 No 56, Sch 12.3 \\[9\\].\n\n**sch 2:** Rep 1998 No 82, Sch 2.1 \\[17\\].\n\n**whole Act:** Am 1998 No 82, Sch 2.1 \\[3\\] (“Funds” omitted wherever occurring, “Fund” inserted instead).\n\n**whole Act:** Am 1998 No 82, Sch 2.1 \\[4\\] (“Environmental Trusts Acts” omitted wherever occurring, “Environmental Trust Act” inserted instead); 2010 No 22, Sch 10.2 \\[8\\] (“Minister for the Environment” omitted wherever occurring, “Minister for Climate Change and the Environment” inserted instead).","sortOrder":13}],"analysis":{"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":5,"scope_assessment":{"changed":true,"description":"Based on the amendment history (2000, 2005, 2010, 2018, 2023), the scope has likely evolved over time. The addition of the Minister for Climate Change as a responsible minister (a relatively modern designation) suggests the Act's scope has expanded beyond its original 1995 focus on industry restructuring to incorporate contemporary climate and conservation considerations. However, without access to the full operative text and explanatory memoranda, the precise nature and extent of scope changes cannot be definitively confirmed."},"complexity_factors":["Dual subject matter — balancing commercial forestry industry interests against nature conservation objectives creates inherent tension and complexity","Multiple ministerial responsibilities (Environment and Climate Change) suggesting cross-portfolio regulatory interactions","Long legislative history spanning 28+ years with five significant amendments, meaning the current version may differ substantially from the original intent","Likely interaction with other legislation including regional forestry agreements, the Forestry Act, and environmental protection laws","NOTE: Full complexity cannot be assessed — only metadata was provided, not the operative provisions of the Act. Score is conservative pending full text review"],"plain_english_summary":"The Forestry Restructuring and Nature Conservation Act 1995 (NSW) restructures how the state’s public forestry operations are managed to balance the timber industry’s economic role with protection of conservation areas. It affects timber workers, forestry agencies, nearby communities, environmental groups and the public who use forests.\n\nIts dual focus—reflected in responsibility shared by environment and climate ministers—and periodic updates mean it remains a key framework for resolving logging vs conservation tensions in NSW."},"flash_summary":{"complexity_score":3,"scope_assessment":{"changed":true,"description":"The current text concentrates the Act's application on recouping expenditure for forestry restructuring and assistance in the Brigalow and Nandewar areas (s4). Numerous provisions and schedules have been repealed or amended (see amendment notes), narrowing earlier broader program references and updating administrative arrangements (including Minister title changes and cross‑references to the Environmental Trust Act). A recent amendment explicitly required Auditor‑General audit coverage of these payments (s12)."},"complexity_factors":["Focused subject matter: limited to forestry restructure and assistance in defined geographic areas (Brigalow and Nandewar) which narrows legal scope (s4).","Ministerial discretion over timing and amounts creates administrative flexibility and judgment calls (s5).","Dual certification requirements: Treasurer certification of amounts paid (s4(2)) and joint ministerial certification that expenditure implemented assistance schemes (s4(5)).","Fund accounting choices: payments may be made from capital or income, affecting long‑term Fund sustainability and investment strategy (s9, s5).","Audit overlay: Auditor‑General audit obligation adds external oversight but requires coordination with Government Sector Audit Act processes (s12).","Multiple repeals and amendments across the Act and schedules increase interpretive burden and require cross‑reference to the Environmental Trust Act and Budget Papers (see amendment notes)."],"plain_english_summary":"**Summary:** This Act lets the Minister for Climate Change and the Environment direct payments from the Environmental Trust Fund into the Consolidated Fund to recoup government spending on forestry restructuring and assistance in the Brigalow and Nandewar areas (s4). The Minister sets timing and amounts (s5); the Treasurer must certify amounts paid (s4(2)) and joint ministerial certification is required that payments fund approved assistance programs (s4(5)). Payments may use capital or income (s9) and are auditable by the Auditor‑General (s12)."},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":true,"description":"The Act has been heavily stripped back through amendments. Originally it appears to have covered multiple forestry restructuring programs (sections 4(1)(a)-(c) and (e), plus sections 6-8, 10-11A and Schedules 1-2, all now repealed). The current version is narrowly focused on just one remaining program: Brigalow and Nandewar areas expenditure. What began as broader forestry restructuring legislation has effectively become a single-purpose funding mechanism for specific regional assistance, with approximately two-thirds of the original provisions removed."},"complexity_factors":["Only 4 substantive sections remain in force (sections 3, 4, 5, 9, 12), with extensive repeals leaving a skeletal structure","Heavy amendment history with 6 amendment acts noted, creating fragmentation and requiring readers to reconstruct original intent","Cross-references to the Environmental Trust Act 1998 and Government Sector Audit Act 1983","Dual ministerial certification requirement (joint approval from Environment and Forest Resources Ministers) adds procedural complexity","Defined terms limited to 4 items, but one ('Budget Papers') has temporal ambiguity ('whether before or after commencement')","Subsection (1) contains nested definitions and a declaratory clause ('That expenditure is referred to in this Act as...')","Substantial conditional logic in section 4(5) requiring joint certification before payments can be made"],"plain_english_summary":"This Act creates a funding mechanism to help timber workers and businesses affected by government decisions to protect forests in specific areas of New South Wales (the Brigalow and Nandewar regions).\n\n**What it does:**\n- Allows money to be transferred from the Environmental Trust Fund (a government fund for environmental projects) into the state's main bank account (the Consolidated Fund)\n- This money then gets used to pay for assistance programs for people hurt by forest conservation policies — things like helping timber workers find new jobs, helping logging businesses shut down smoothly, and developing new industries in affected areas\n\n**Who it affects:**\n- Timber workers in the Brigalow and Nandewar areas who lost work due to forest protection policies\n- Logging businesses that had to close or scale back\n- The Ministers for Environment and Forest Resources, who must jointly approve that money is only spent on genuine assistance schemes\n\n**Why it matters:**\nWhen governments create national parks or protect forests, people who worked in those forests often lose their livelihoods. This Act tries to balance environmental protection with a \"just transition\" — making sure workers don't bear all the costs of conservation policies. It ensures there's a proper process for auditing these payments and requires ministerial sign-off so the money isn't misspent.\n\n**Key features:**\n- Payments can come from both the income the Fund earns and its capital (savings)\n- The Environment Minister decides when and how much to pay, but must consider whether the Fund can still meet its other commitments\n- The Auditor-General checks these payments as part of their regular audits"}},"importantCases":[],"_links":{"self":"/api/acts/forestry-restructuring-and-nature-conservation-act-1995","history":"/api/acts/forestry-restructuring-and-nature-conservation-act-1995/history","analysis":"/api/acts/forestry-restructuring-and-nature-conservation-act-1995/analysis","conflicts":"/api/acts/forestry-restructuring-and-nature-conservation-act-1995/conflicts","importantCases":"/api/acts/forestry-restructuring-and-nature-conservation-act-1995/important-cases","documents":"/api/acts/forestry-restructuring-and-nature-conservation-act-1995/documents"}}