9Offence with respect to unauthorised plantations

#### 9 Offence with respect to unauthorised plantations 9 Offence with respect to unauthorised plantations > > (1) A plantation or proposed plantation is required to be authorised under this Act if plantation operations are carried out on it after the commencement of this section, except if the plantation operations are— > > > > > (a) exempt farm forestry, or > > > > > (b) (Repealed) > > > > > (c) ancillary plantation operations. > > > (2) Nothing in this Act prevents a plantation or proposed plantation that is not required to be authorised from being authorised under this Act. > > > (3) A person who carries out, or causes or permits the carrying out of, plantation operations on a plantation or proposed plantation required to be authorised under this Act is guilty of an offence if— > > > > > (a) the plantation or proposed plantation is not authorised under this Act at the time the operations are carried out, or > > > > > (b) the plantation or proposed plantation is so authorised but the plantation operations carried out are not of a kind authorised under section 10 by the class of the authorisation. > > > > Maximum penalty—1,000 penalty units and, in addition, 100 penalty units for each day the offence continues. > > > (4) In this section— > > > > ancillary plantation operations means plantation operations that are ancillary to— > > > > > (a) the carrying out of development in accordance with development consent under Part 4, or in accordance with the requirements of Part 5, of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), or > > > > > (b) the carrying out of an approved project within the meaning of Part 3A of that Act, or > > > > > (c) the carrying out of approved State significant infrastructure within the meaning of Part 5.1 of that Act, > > > > but only if the development or project does not comprise mainly plantation operations. > > Note— > > Provisions relating to plantations authorised under other laws before the commencement of this section (existing plantations) are contained in clause 6 of Schedule 3. > > **s 9:** Am 2010 No 90, Sch 1 \[4\]–\[7\]; 2011 No 22, Sch 2.21.