40Forestry operations in regions not yet covered by regional forest agreements

40  Forestry operations in regions not yet covered by regional forest agreements  (1) A person may undertake forestry operations in an RFA region in a State or Territory without approval under Part 9 for the purposes of a provision of Part 3 if there is not a regional forest agreement in force for any of the region. Note 1: This section does not apply to some forestry operations. See section 42. Note 2: The process of making a regional forest agreement is subject to assessment under the Environment Protection (Impact of Proposals) Act 1974, as continued by the Environmental Reform (Consequential Provisions) Act 1999.  (2) In this Division: forestry operations means any of the following done for commercial purposes:  (a) the planting of trees;  (b) the managing of trees before they are harvested;  (c) the harvesting of forest products; and includes any related land clearing, land preparation and regeneration (including burning) and transport operations. For the purposes of paragraph (c), forest products means live or dead trees, ferns or shrubs, or parts thereof. RFA region has the meaning given by section 41.  (3) Subsection (1) does not operate in relation to an RFA region that is the subject of a declaration in force under this section.  (4) The Minister may, by legislative instrument, declare that subsection (1) does not apply to an RFA region.  (6) The Minister must not make a declaration that has the effect of giving preference (within the meaning of section 99 of the Constitution) to one State or part of a State over another State or part of a State, in relation to the taking of the action:  (a) by a person for the purposes of trade or commerce between Australia and another country or between 2 States; or  (b) by a constitutional corporation.