Adverse Weather-affected Timber Recovery on Conservation Lands Bill

  • defeated on 07 April 2021

Adverse Weather-affected Timber Recovery on Conservation Lands Bill

Member’s Bill

319—1

Explanatory note

General policy statement

This Bill seeks to allow the Director-General of Conservation to grant access for removal of specified trees irreversibly damaged by an adverse weather event from within the conservation estate, outside of national parks.

Clause by clause analysis

Clause 1 is the Title clause.

Clause 2 is the commencement clause, which provides that the Act comes into force on the day after the date on which it receives the Royal assent.

Part 1Preliminary provisions

Clause 3 provides that the purpose of the Bill is to allow the Director-General of Conservation to authorise the removal of timber that has been irreversibly damaged by an adverse weather event from certain conservation areas.

Clause 4 defines terms used in the Bill.

Clause 5 states that the Bill binds the Crown.

Part 2Removal of irreversibly damaged trees

Authorisation of removal of irreversibly damaged trees

Clause 6 provides that the Bill applies to the removal of irreversibly damaged trees from the designated area (defined in the Bill as conservation areas and reserves administered by the Department of Conservation other than nature or scientific reserves, ecological areas, or national parks).

Clause 7 provides that irreversibly damaged trees may be removed in accordance with an authorisation granted by the Director-General under clause 9.

Clause 8 provides that a person may apply for an authorisation to remove irreversibly damaged trees only if the person has been invited to apply by the Director-General and that an application must be accompanied by the application fee (if a fee is prescribed). Clause 8(3) to (5) specifies the methods by which the Director-General may invite and consider applications.

Clause 9 provides that the Director-General may grant an authorisation to a person to remove irreversibly damaged trees and to carry out other activities that are reasonably necessary to allow for the safe and efficient removal of the timber. Clause 9(3) provides that the Director-General must be satisfied of certain matters before granting an authorisation. Clause 9(4) and (5) provides that the Director-General may, in considering whether to grant an application, take into account any matters that the Director-General considers relevant and may impose any conditions that he or she thinks fit (but must impose conditions that address the matters specified in clause 9(3)).

Clause 10 restricts the purposes for which timber removed in accordance with an authorisation may be used.

Clause 11 requires a person to whom an authorisation is granted to pay any royalties, fees, and charges required by the Director-General.

Authorisations

Clause 12 sets out the matters that must be specified in an authorisation granted under clause 9.

Clause 13 states that the Director-General may amend an authorisation by agreement with the authorised person or where an amendment is necessary to address adverse effects of the permitted activities that were not foreseen when the authorisation was granted.

Clause 14 provides that the Director-General may revoke an authorisation in the Director-General’s absolute discretion.

Clause 15 provides that an authorisation expires on the expiry date specified in the authorisation.

Application of other legislation

Clause 16 states that an activity permitted under an authorisation is not an offence under the Conservation Act 1987, Reserves Act 1977, or Wildlife Act 1953 (or any regulations, bylaws, or notices made under those Acts) and does not require any authorisation under those Acts.

Clause 17 clarifies that an authorisation to remove irreversibly damaged trees is not a disposal of a conservation area, or an interest in a conservation area, under the Conservation Act 1987.

Clause 18 provides that sections 9, 13, 14, and 15 of the Resource Management Act 1991 do not apply to activities permitted by an authorisation.

Miscellaneous

Clause 19 allows the Director-General to prescribe fees and charges to recover costs associated with the authorisation, and ongoing monitoring, of timber-removal and other permitted activities.

Clause 20 amends the Conservation Act 1987 to add the Bill to the list of Acts administered by the Department of Conservation.