Plantations and Reafforestation (Code) Regulation 2001
23Minimum number of native habitat trees that must be retained
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23 Minimum number of native habitat trees that must be retained
23 Minimum number of native habitat trees that must be retained
(1) If a plantation is 30 hectares or more—
(a) at least 30 native habitat trees must be retained on any given 30 hectares of plantation, or
(b) if there are less than 30 native habitat trees on any given 30 hectares of plantation, all those trees must be retained.
Note—
If possible, habitat trees should be retained in groups of 2 or more to minimise the impact of this requirement on plantation design and to reduce loss of biodiversity.
(2) If a plantation is less than 30 hectares, at least 1 native habitat tree must be retained for each hectare of the plantation.
(3) Despite subclauses (1) and (2), any tree required to be retained under those provisions may be cleared if the following requirements are met—
(a) if the cleared tree has a diameter at breast height of between 40 and 80 centimetres—
(i) the cleared tree must be replaced with 10 new trees (being local native species), and
(ii) an area of at least 0.01 of a hectare must be retained, being the area on which the new trees are to be located,
(b) if the cleared tree has a diameter at breast height of more than 80 centimetres—
(i) the cleared tree must be replaced with 20 new trees (being local native species), and
(ii) an area of at least 0.02 of a hectare must be retained, being the area on which the new trees are to be located,
(c) the retained area on which the replacement trees are to be located (the designated area) may be located anywhere in the plantation provided that its location will enhance biodiversity or reduce soil salinity in the plantation (for example, by locating it adjacent to existing buffers or in buffers that do not contain native grassland of high conservation value),
(d) if 10, or 20, (as the case may be) tree seedlings have not naturally regenerated (that is, from seed-stock of existing local native species) in the designated area within 18 months then the balance of the replacement trees must be planted in that area as seedling trees,