sec.70AApplication of development approvals and exemptions for Forestry Act

### sec.70A Application of development approvals and exemptions for Forestry Act If a development approval is given in relation to a forest product on forestry land, the approval is taken to be, for the Forestry Act 1959 , section 53 , a permit, lease, licence, agreement or contract required under that section. If a development approval is given in relation to a forest product on forestry land, the approval is taken to be, for the Forestry Act 1959 , section 54 , the authority of another Act. If the clearing on forestry land of vegetation shown on the regulated vegetation management map as a category B area does not involve the removal of a species prescribed under a regulation and the clearing is not categorised as assessable development under a regulation made under the Planning Act , the clearing is taken to be authorised under the Forestry Act 1959 , section 53 or 54 . If the clearing on forestry land of vegetation shown on the regulated vegetation management map as other than a category B area is not categorised as assessable development under a regulation made under the Planning Act , the clearing is taken to be authorised under the Forestry Act 1959 , section 53 or 54 . To remove doubt, it is declared that subsections (3) and (4) only authorise the use of a forest product cleared if the clearing is— on land subject to a lease issued under the Land Act 1994 for agriculture or grazing purposes; and to source construction timber to repair existing infrastructure on the land, if— the infrastructure is in need of immediate repair; and the clearing does not cause land degradation; and restoration of a similar type, and to the extent of the removed trees, is ensured. In this section— forestry land means land to which the Forestry Act 1959 , section 53 or 54 applies. infrastructure includes a building, or other structure, built or used for any purpose. s 70A ins 2004 No. 1 s 25 amd 2004 No. 1 s 44 (2) sch 2 ; 2009 No. 43 s 43A (retro); 2009 No. 36 s 872 sch 2 ; 2013 No. 24 s 61 ; 2016 No. 27 s 648 ; 2019 No. 17 s 359B (sec.70A-ssec.1) If a development approval is given in relation to a forest product on forestry land, the approval is taken to be, for the Forestry Act 1959 , section 53 , a permit, lease, licence, agreement or contract required under that section. (sec.70A-ssec.2) If a development approval is given in relation to a forest product on forestry land, the approval is taken to be, for the Forestry Act 1959 , section 54 , the authority of another Act. (sec.70A-ssec.3) If the clearing on forestry land of vegetation shown on the regulated vegetation management map as a category B area does not involve the removal of a species prescribed under a regulation and the clearing is not categorised as assessable development under a regulation made under the Planning Act , the clearing is taken to be authorised under the Forestry Act 1959 , section 53 or 54 . (sec.70A-ssec.4) If the clearing on forestry land of vegetation shown on the regulated vegetation management map as other than a category B area is not categorised as assessable development under a regulation made under the Planning Act , the clearing is taken to be authorised under the Forestry Act 1959 , section 53 or 54 . (sec.70A-ssec.5) To remove doubt, it is declared that subsections (3) and (4) only authorise the use of a forest product cleared if the clearing is— on land subject to a lease issued under the Land Act 1994 for agriculture or grazing purposes; and to source construction timber to repair existing infrastructure on the land, if— the infrastructure is in need of immediate repair; and the clearing does not cause land degradation; and restoration of a similar type, and to the extent of the removed trees, is ensured. (sec.70A-ssec.6) In this section— forestry land means land to which the Forestry Act 1959 , section 53 or 54 applies. infrastructure includes a building, or other structure, built or used for any purpose. - (a) on land subject to a lease issued under the Land Act 1994 for agriculture or grazing purposes; and - (b) to source construction timber to repair existing infrastructure on the land, if— (i) the infrastructure is in need of immediate repair; and (ii) the clearing does not cause land degradation; and (iii) restoration of a similar type, and to the extent of the removed trees, is ensured. - (i) the infrastructure is in need of immediate repair; and - (ii) the clearing does not cause land degradation; and - (iii) restoration of a similar type, and to the extent of the removed trees, is ensured. - (i) the infrastructure is in need of immediate repair; and - (ii) the clearing does not cause land degradation; and - (iii) restoration of a similar type, and to the extent of the removed trees, is ensured.