Local Land Services Act 2013 (NSW)
An Act to establish Local Land Services and to repeal the Rural Lands Protection Act 1998 and the Catchment Management Authorities Act 2003; and for other purposes.
This Act is the Local Land Services Act 2013.
This Act commences on 1 January 2014, except as provided by subsection (2).
The following provisions commence on a day to be appointed by proclamation—
(a) sections 6 and 7 and Schedule 1,
(b) clauses 5 and 6 of Schedule 6.
The objects of this Act are as follows—
(a) to establish a statutory corporation (to be known as Local Land Services) with responsibility for management and delivery of local land services in the social, economic and environmental interests of the State in accordance with any State priorities for local land services,
(b) to establish a governance framework to provide for the proper and efficient management and delivery of local land services,
(c) to establish local boards for the purpose of devolving management and planning functions to regional levels to facilitate targeted local delivery of programs and services to meet community, client and customer needs,
(d) to require decisions taken at a regional level to take account of State priorities for local land services,
(e) to ensure the proper management of natural resources in the social, economic and environmental interests of the State, consistently with the principles of ecologically sustainable development (described in section 6 (2) of the Protection of the Environment Administration Act 1991),
(f) to apply sound scientific knowledge to achieve a fully functioning and productive landscape,
(g) to encourage collaboration and shared responsibility by involving communities, industries and non-government organisations in making the best use of local knowledge and expertise in relation to the provision of local land services,
(h) to establish mechanisms for the charging of rates, levies and contributions on landholders and fees for services,
(i) to provide a framework for financial assistance and incentives to landholders, including, but not limited to, incentives that promote land and biodiversity conservation.
In this Act,
(a) agricultural production,
(b) biosecurity, including animal pest and disease and plant pest and disease prevention, management, control and eradication,
(c) preparedness, response and recovery for animal pest and disease and plant pest and disease emergencies and other emergencies impacting on primary production or animal health and safety,
(d) animal welfare,
(e) chemical residue prevention, management and control,
(f) natural resource management and planning,
(g) travelling stock reserves and stock watering places,
(h) control and movement of stock,
(i) related services and programs.
In this Act,
(a) identified in a State Government policy or plan or an intergovernmental agreement, or
(b) as advised by the Minister.
Expressions used in this Act that are defined in the Dictionary have the meanings set out in the Dictionary.
Expressions used in this Act (or in a particular provision of this Act) that are defined in the Interpretation Act 1987 have the meanings set out in that Act.
Notes included in this Act do not form part of this Act.
For the purposes of this Act, the State is divided into the regions described or identified in Schedule 1.
The Minister may, by order published on the NSW legislation website, amend Schedule 1 for any of the following purposes—
(a) to establish a region,
(b) to abolish a region,
(c) to amalgamate two or more regions,
(d) to change the name of a region,
(e) to change the boundaries of a region.
Any such order may contain savings and transitional provisions (including provisions relating to the membership of local boards for a region pending elections).
The boundaries of each region may be described or identified in Schedule 1 by reference to a local government area or in any other manner (including by reference to a map or other description).
There is constituted by this Act a body corporate with the corporate name of Local Land Services.
Section 50 of the Interpretation Act 1987 provides for the powers of a statutory corporation.
Local Land Services is a NSW Government agency.
All decisions relating to the functions of Local Land Services are to be made by or under the authority of the Board.
The Chief Executive Officer is responsible for the day-to-day management of the affairs of Local Land Services, subject to the policies and directions of the Board.
Any act, matter or thing done in the name of, or on behalf of, Local Land Services by or under the authority of the Board or the Chief Executive Officer is taken to have been done by Local Land Services.
Local Land Services may delegate its functions under section 16.
Local Land Services is subject to the control and direction of the Minister in the exercise of its functions.
The Board must—
(a) immediately give the Minister written particulars of any decision of Local Land Services to acquire or dispose of a significant asset or to commence or cease to carry out a significant activity, and
(b) keep the Minister informed of the activities of Local Land Services, and
(c) give the Minister such reports, documents and information in relation to Local Land Services as the Minister may from time to time require within the time limit set by the Minister.
The Minister may give written guidelines to the Board that are to be used by the Board in deciding whether particulars are required to be given under subsection (2).
In this section—
The Secretary may, if satisfied that governmental action is required for the purposes of this Act to respond to an emergency that affects one or more specified regions or parts of regions, by order in writing given to the Chair of the Local Land Services Board—
(a) declare that the Secretary has assumed responsibility for controlling the actions of Local Land Services for the purposes of responding to the emergency, and
(b) require the Chair to ensure that Local Land Services and its staff comply with any directions that the Secretary issues to Local Land Services and its staff.
Local Land Services and its staff are to comply with any such direction while the order under subsection (2) is in force.
The order is to specify the general nature, location and extent of the emergency.
The order takes effect as soon as it is given and continues to have effect until revoked by the Secretary.
Persons may be employed in the Public Service under the Government Sector Employment Act 2013 to enable Local Land Services to exercise its functions.
Section 59 of the Government Sector Employment Act 2013 provides that the persons so employed (or whose services Local Land Services makes use of) may be referred to as officers or employees, or members of staff, of Local Land Services. Section 47A of the Constitution Act 1902 precludes Local Land Services from employing staff.
Local Land Services has the following functions—
(a) to administer, deliver or fund local land services,
(b) to develop and implement appropriate governance arrangements for the delivery of local land services,
(c) to prepare a State strategic plan,
(d) to provide and facilitate education and training in connection with agricultural production, biosecurity, natural resource management and emergency management,
(d1) to exercise functions conferred on it by Part 5A and Schedule 5A,
(d2) to exercise functions conferred on it by Part 5B,
(e) to make and levy rates, levies and contributions on rateable and other land for the purpose of carrying out its functions,
(f) to provide and administer grants, loans, subsidies or other financial assistance for activities in relation to local land services,
(g) to collect, collate, maintain, interpret and report information with respect to its functions,
(h) to communicate, consult and engage with the community, including the Aboriginal community, to encourage participation in relation to the delivery of local land services,
(i) to provide advice on matters referred to it by the Minister,
(j) to exercise such other functions as are conferred or imposed on it by or under this or any other Act.
Local Land Services is to exercise its functions in accordance with any State priorities for local land services and any plan approved under Part 4.
Local Land Services may do anything necessary, or supplemental or incidental, to the exercise of its functions.
Local Land Services may enter into a memorandum of understanding with a Public Service agency in relation to the exercise of the functions of Local Land Services, including the implementation of plans approved under Part 4.
The memorandum of understanding may be amended, revoked or replaced from time to time.
The functions of Local Land Services must, as far as practicable, be exercised in conformity with the memorandum of understanding. However, a failure to comply with this subsection does not itself invalidate anything done or omitted to be done by Local Land Services.
Local Land Services may delegate to an authorised person any of its functions, other than this power of delegation.
A delegate may sub-delegate to an authorised person any function delegated by Local Land Services if the delegate is authorised in writing to do so by Local Land Services.
In this section,
(a) a member of the Board, or
(b) the chair or any other member of a local board, or
(c) a member of staff of Local Land Services, or
(d) an authorised officer.
The Minister may delegate to an authorised person any of the Minister’s functions under this Act, other than this power of delegation.
A delegate may sub-delegate to an authorised person any function delegated by the Minister if the delegate is authorised in writing to do so by the Minister.
The Minister may delegate to Local Land Services any function of the Minister under an Act that is administered by the Minister and prescribed by the regulations for the purposes of this section.
In this section,
(a) Local Land Services, or
(b) the Chair or any other member of the Board, or
(c) the chair or any other member of a local board, or
(d) a member of staff of Local Land Services, or
(e) a person employed in the Department, or
(f) an authorised officer.
The Secretary may delegate to an authorised person any of the Secretary’s functions under this Act or any other Act prescribed by the regulations, other than this power of delegation.
A delegate may sub-delegate to an authorised person any function delegated by the Secretary if the delegate is authorised in writing to do so by the Secretary.
In this section,
(a) Local Land Services, or
(b) the Chair or any other member of the Board, or
(c) the chair or any other member of a local board, or
(d) a member of staff of Local Land Services, or
(e) a person employed in the Department, or
(f) an authorised officer.
Local Land Services is to establish a fund to be called the “Local Land Services Fund” (the
The money in the Fund may be kept in one or more financial institutions.
To avoid doubt, the Fund is taken to have been established (and always to have been established) in the Special Deposits Account.
There is to be paid into the Fund—
(a) all money received by or on account of Local Land Services, and
(b) the proceeds of any investment of money in the Fund.
There is to be paid from the Fund—
(a) all amounts required to meet expenditure incurred by Local Land Services in the exercise of its functions, and
(b) all amounts required to provide loans, grants, subsidies and other financial assistance for the purposes of activities that Local Land Services is authorised to fund by or under this Act.
Local Land Services may invest money in the Fund—
(a) if Local Land Services is a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018—in any way that Local Land Services is permitted to invest money under that Part, or
(b) if Local Land Services is not a GSF agency for the purposes of Part 6 of the Government Sector Finance Act 2018—in any way authorised for the investment of trust funds and in any other way approved by the Minister with the concurrence of the Treasurer.
Subject to the regulations (if any), Local Land Services may charge a fee, determined by it for supplying any service (including any product, commodity or publication) under this or any other Act or a statutory instrument.
Local Land Services may require a deposit or prepayment in respect of any such fee.
Nothing in this section authorises the charging of any fee contrary to the provisions of any Act, regulation or statutory instrument.
The annual reporting information prepared for Local Land Services under the Government Sector Finance Act 2018 is to include a report as to the following during the annual reporting period to which the information relates—
(a) the performance and outcomes set out in any State strategic plan achieved by Local Land Services,
(b) progress in achieving compliance with State priorities for local land services,
(c) community engagement in respect of the provision of local land services,
(d) the resources expended and revenue received by Local Land Services, and the management of programs, in each region,
(e) any other matter directed by the Minister.
Division 7.3 of the Government Sector Finance Act 2018 requires the accountable authority for a reporting GSF agency to ensure that the annual reporting information for the agency is prepared within the period specified by the Treasurer’s directions after the end of the annual reporting period for the agency.
The annual reporting information may be included in the annual reporting information prepared for the Department or another government agency.
The Minister must arrange for an independent audit of the activities of Local Land Services not later than 5 years after the commencement of this Act to determine whether it is carrying out the functions conferred on it by or under this or any other Act effectively and efficiently and in accordance with State priorities for local land services, the State strategic plan and any local strategic plan.
As soon as possible after the end of every 5-year period following the audit under subsection (1), the Minister is to cause a further audit of the kind set out in that subsection to be undertaken.
The Minister may, at any time that the Minister considers it appropriate to do so, arrange for an audit of the exercise of all or any particular function of Local Land Services.
An audit under this section is to be carried out by one or more persons or bodies, or persons or bodies of a class, prescribed by the regulations or appointed by the Minister.
The Minister is to arrange for a copy of the report of any audit under this section to be placed on the website of Local Land Services.
The Minister may direct that the costs of an audit (in whole or in part) under this section be paid by Local Land Services.
The Audit Office of New South Wales is responsible for auditing the financial reports of Local Land Services—see Division 7.2 of the Government Sector Finance Act 2018.
There is to be a Local Land Services Board.
The Board is to consist of the following members—
(a) the Chair,
(b) the chair of each local board,
(c) such other persons with relevant skills and experience as may be appointed by the Minister.
Schedule 2 contains provisions relating to the members and procedure of the Board.
A person appointed under subsection (2) (c) is a non-voting member of the Board.
The Board has the following functions—
(a) to determine the general policies and strategic direction of Local Land Services,
(b) to determine the policies, procedures and directions of Local Land Services in accordance with which a local board must exercise its functions,
Note— See section 29 (2).
(c) such other functions as are conferred or imposed on it by or under this or any other Act or law.
Without limiting subsection (1) (a), the Board is to determine the general policies and strategic direction of Local Land Services with respect to the following—
(a) organisational governance and strategy,
(b) risk management,
(c) service delivery priorities,
(d) community engagement.
In exercising functions as members of the Board, members of the Board are to be guided by the principle that the public interest in the delivery of local land services in the State as a whole takes precedence over the delivery of local land services in any region.
Section 10 (1) provides that all decisions relating to the functions of Local Land Services are to be made by or under the authority of the Board.
There is to be a Chair of the Local Land Services Board.
The Chair is to be appointed by the Minister.
Schedule 2A contains provisions relating to the Chair.
There is to be a board for each region, called the [
The local board for a region is to be constituted by 7 members, being—
(a) 3 members elected, in accordance with the regulations, by ratepayers of the region, and
(b) 4 members appointed by the Minister.
Despite subsection (2), the local board for the Western Region is to be constituted by 9 members, being—
(a) 4 members elected, in accordance with the regulations, by ratepayers of the region, and
(b) 5 members appointed by the Minister.
A person is not eligible for appointment as a member of a local board unless, in the opinion of the Minister, the person possesses expertise, knowledge or skills (as demonstrated by relevant qualifications or experience) in one or more of the areas prescribed by the regulations for the purposes of this subsection.
The regulations may provide for criteria to determine whether a person is eligible or ineligible for election or appointment as a member of a local board.
In appointing a member of a local board, the Minister is to have regard to the following—
(a) the principle that a local board should, as far as possible, be constituted by persons who together have expertise, skills and knowledge (as demonstrated by relevant qualifications or experience) as are relevant to the functions exercisable by the local board,
(b) such other matters as may be prescribed by the regulations.
The Minister is, by an instrument of appointment or a subsequent instrument, to appoint a member of the local board as chair of the local board.
A local board is a NSW Government agency.
The functions of a local board for a region are as follows—
(a) to prepare a local strategic plan in respect of the delivery of local land services in the region,
(b) to monitor the performance of Local Land Services in the region, including by reference to the local strategic plan,
(c) to make recommendations to the Board in relation to the making of rates, levies and contributions on rateable and other land in the region,
(d) to collect, collate, maintain, interpret and report information with respect to its functions,
(e) to communicate, consult and engage with the community in developing plans and in respect of the delivery of programs and services by Local Land Services in the region,
(f) to develop a strategy for engagement of the Aboriginal community in the region in respect of the provision of local land services,
(g) to provide advice to the Minister,
(h) to exercise such other functions as are conferred or imposed on it by or under this or any other Act.
A local board must exercise its functions in accordance with the policies, procedures and directions (however described) of Local Land Services.
A local board for a region may, with the agreement of a local board for another region, exercise functions in the other region.
A local board is, before 30 March each year, to prepare an annual report on the following matters—
(a) the performance of any functions under this Act exercised in the local board’s region (whether by the local board or another person or body),
(b) the exercise by the local board of any functions under this Act outside the local board’s region.
The local annual report is to be—
(a) provided to Local Land Services, and
(b) placed on the website of the local board, and
(c) published in such other manner as, in the opinion of the local board, will make it readily accessible to persons in the region.
A local board may delegate to an authorised person any of the local board’s functions, other than this power of delegation.
A delegate may sub-delegate to an authorised person any function delegated by the local board if the delegate is authorised in writing to do so by the local board.
In this section,
(a) a member of the local board,
(b) a member of staff of Local Land Services.
A local board must—
(a) keep the Board informed of the activities of the local board, and
(b) give the Board such reports, documents and information in relation to those activities as the Board requires within the time limit set by the Board.
Each local board is to establish one or more local community advisory groups for its region in accordance with this section.
A local community advisory group is to consist of persons that the local board considers to be suitably qualified to serve on the group and to be suitably representative of the interests of the local community and stakeholders in the region.
Each local board is to prepare terms of reference for the local community advisory groups for its region.
Every Board and local board member must—
(a) act honestly and exercise a reasonable degree of care and diligence in carrying out his or her functions under this or any other Act, and
(b) act for a proper purpose in carrying out his or her functions under this or any other Act, and
(c) not use his or her office or position for personal advantage, and
(d) not use his or her office or position to the detriment of the Board or the member’s local board (respectively), and
(e) disclose any interest (whether pecuniary or otherwise) that could conflict with the proper performance of his or her functions under this or any other Act and avoid performing any function that could involve such a conflict of interest.
Although this section places certain duties on Board and local board members, nothing in this section gives rise to, or can be taken into account in, any civil cause of action.
The Board may issue a code of conduct to be observed by all members of the Board and local boards.
Without limiting what may be included in the code, the code may relate to any conduct (whether by way of act or omission) of a member in carrying out his or her functions that is likely to bring the Board or a local board into disrepute.
In particular, the code may contain provisions for or with respect to the following conduct—
(a) conduct that contravenes all or specified provisions of this Act or the regulations in all or specified circumstances,
(b) improper or unethical conduct,
(c) abuse of power and other misconduct,
(d) action causing, comprising or involving any of the following—
(i) intimidation, harassment or verbal abuse,
(ii) discrimination, disadvantage or adverse treatment in relation to employment,
(iii) prejudice in the provision of a service to the community,
(e) conduct of a member causing, comprising or involving any of the following—
(i) directing or influencing, or attempting to direct or influence, a member of staff of Local Land Services in the exercise of the functions of the staff member,
(ii) an act of disorder committed by the member at a meeting of the Board or a local board,
(f) the disclosure by members of interests (whether pecuniary or otherwise) that could conflict with the proper performance of a member’s functions and avoidance of conflicts of interest,
(g) the disclosure by members of confidential documents and information.
A member of the Board or a local board must not contravene the code.
Nothing in this section or such a code gives rise to, or can be taken into account in, any civil cause of action, and nothing in this section affects rights or liabilities arising apart from this section.
A State strategic plan is to set the vision, priorities and overarching strategy for local land services in the State, with a focus on appropriate economic, social and environmental outcomes.
A State strategic plan has effect for the period of 10 years (or such other period as is prescribed by the regulations) after it is approved by the Minister.
Local Land Services must prepare a draft State strategic plan for local land services in the State that complies with this Division and submit the draft plan to the Minister for approval.
A draft State strategic plan is to be prepared and submitted as soon as practicable after the commencement of this Act and at such later times as may be specified by the Minister.
In preparing a draft State strategic plan, Local Land Services is to have regard to—
(a) any State priorities for local land services, and
(b) the provisions of any environmental planning instrument under the Environmental Planning and Assessment Act 1979 that applies to a region, and
(c) any other existing natural resource management plans (including any such plans in the course of preparation) for a region including the State Water Management Outcomes Plan and any management plan under the Water Management Act 2000, and
(d) sound evidence-based practices to support primary industries, resilient communities and healthy landscapes, and
(e) the need for engagement of the community, including the Aboriginal community.
A draft State strategic plan must include the following—
(a) the outcomes that are expected to be achieved by the implementation of the plan and the timeframes for achieving those outcomes,
(b) requirements for reporting on whether those outcomes and timeframes have been achieved,
(c) any other matters that the Minister may direct to be included in the plan.
Local Land Services is to consult widely on a draft State strategic plan, by giving such public notice of the preparation of the plan and undertaking such public exhibition of the plan as is required by the regulations or the Minister.
Local Land Services is to submit a copy of the draft State strategic plan to the Minister for approval.
In assessing the draft State strategic plan, the Minister is to seek the advice of any person or body to which the draft State strategic plan is required to be referred by the regulations and take into account any such advice provided within the time requested by the Minister.
The Minister may take into account the advice of any other person or body in assessing the draft State strategic plan.
If a draft State strategic plan requires a person or body other than Local Land Services to carry out any activity, Local Land Services is to provide the Minister with evidence that the person or body has agreed to carry out that activity.
The Minister may—
(a) approve a draft State strategic plan submitted to the Minister by Local Land Services, without alteration or with such alteration as the Minister thinks fit, or
(b) refer the draft State strategic plan back to Local Land Services for further consideration.
The Minister is not to approve a draft State strategic plan unless the Minister—
(a) is satisfied (having regard to the advice of any person or body to which the draft State strategic plan has been referred) that the plan promotes the achievement of State priorities for local land services (if any), and
(b) has sought the advice of any person or body engaged to carry out an independent audit of the activities of Local Land Services under section 24, and
(c) has obtained the concurrence of the Minister administering the Native Vegetation Act 2003, but only in relation to those parts of the draft plan that relate to natural resource management.
Before making any alterations to the draft State strategic plan, the Minister must consult Local Land Services.
As soon as practicable after a State strategic plan is approved by the Minister, Local Land Services—
(a) is to cause the plan to be published in such a manner as, in the opinion of Local Land Services, will make it readily accessible to persons in the State, and
(b) is to arrange for a copy of the plan to be placed on the Local Land Services website.
The Minister may make any other arrangements that the Minister considers necessary to ensure that State strategic plans are readily accessible to the public.
A State strategic plan may be amended or replaced by a subsequent such plan prepared and approved in accordance with this Division.
The Minister may revoke a State strategic plan, wholly or in part.
The amendment or revocation of a State strategic plan by the Minister under this section takes effect when notice of the amendment or revocation is published by the Minister or on a later date specified in the notice.
Local Land Services is to ensure that the State strategic plan is kept under regular and periodic review and, in particular, is to cause the plan to be reviewed if the Minister so directs.
The Minister is to ensure that the State strategic plan is audited, at intervals of not more than 5 years, to ascertain whether its provisions are being given effect.
An audit under this section is to be carried out by the Natural Resources Commission or an independent person, body or panel appointed by the Minister.
The Minister may direct that the costs of an audit (in whole or in part) under this section be paid by Local Land Services.
A local strategic plan for a region is to set the vision, priorities and strategy in respect of the delivery of local land services in the region, with a focus on appropriate economic, social and environmental outcomes.
A local strategic plan has effect for the period of 5 years (or such other period as is prescribed by the regulations) after it is approved by the Minister.
A local board must prepare one or more draft local strategic plans in respect of the delivery of local land services in its region that complies with this Division and submit each draft local strategic plan for approval by the Minister under this Division.
A draft local strategic plan is to be prepared and submitted as soon as practicable after the commencement of this Act and at such later times as may be specified by the Minister.
A draft local strategic plan for a region must include the following—
(a) the outcomes that are expected to be achieved by the implementation of the plan in relation to the region and the timeframes for achieving those outcomes,
(b) requirements for reporting on whether those outcomes and timeframes have been achieved,
(c) any other matters that the Minister may direct to be included in the plan.
A draft local strategic plan for a region may also include provisions that relate to water quality or other non-regulatory water management issues in the region.
In formulating a draft local strategic plan for its region, the local board is to have regard to the following—
(a) any State priorities for local land services,
(b) the State strategic plan,
(c) the provisions of any environmental planning instrument under the Environmental Planning and Assessment Act 1979 that applies to the region,
(d) any other existing natural resource management plans (including any such plans in the course of preparation) for the region including the State Water Management Outcomes Plan and any management plan under the Water Management Act 2000,
(e) sound evidence-based practices to support primary industries, resilient communities and healthy landscapes,
(f) the need for engagement of the community, including the Aboriginal community.
The local board is to consult widely on a draft local strategic plan, by giving such public notice of the preparation of the plan and undertaking such public exhibition of the plan as is required by the regulations or the Minister.
The local board is to refer a copy of each draft local strategic plan prepared by it for a region to Local Land Services for review.
Local Land Services is to review the draft local strategic plan having regard to the following—
(a) any State priorities for local land services,
(b) the State strategic plan,
(c) the provisions of any environmental planning instrument under the Environmental Planning and Assessment Act 1979 that applies to the region,
(d) any other existing natural resource management plans (including any such plans in the course of preparation) for the region including the State Water Management Outcomes Plan and any management plan under the Water Management Act 2000,
(e) sound evidence-based practices to support primary industries, resilient communities and healthy landscapes,
(f) the need for engagement of the community, including the Aboriginal community.
Local Land Services may request the local board to amend the draft local strategic plan before submitting the plan to the Minister.
Local Land Services is to submit a copy of the draft local strategic plan to the Minister for approval.
In assessing the draft local strategic plan, the Minister is to seek the advice of any person or body to which the draft local strategic plan is required to be referred by the regulations and take into account any such advice provided within the time requested by the Minister.
The Minister may take into account the advice of Local Land Services or any other person or body in assessing the draft local strategic plan.
If a draft local strategic plan requires a person or body other than Local Land Services to carry out any activity, Local Land Services is to provide the Minister with evidence that the person or body has agreed to carry out that activity.
The Minister may—
(a) approve a draft local strategic plan for a region submitted by Local Land Services, without alteration or with such alteration as the Minister thinks fit, or
(b) refer the draft local strategic plan back to Local Land Services for further consideration.
The Minister is not to approve a draft local strategic plan unless the Minister—
(a) is satisfied (having regard to the advice of any person or body to which the draft local strategic plan has been referred) that the plan promotes the achievement of State priorities for local land services (if any) so far as those priorities relate to the region, and
(b) has sought the advice of any person or body engaged to carry out an independent audit of the activities of Local Land Services under section 24, and
(c) has obtained the concurrence of the Minister administering the Native Vegetation Act 2003, but only in relation to those parts of the draft plan that relate to natural resource management.
Before making any alterations to the draft plan, the Minister must consult Local Land Services.
As soon as practicable after a local strategic plan for a region is approved by the Minister—
(a) the Minister is to arrange for a copy of the plan to be placed on the website of Local Land Services and the website of the local board, and
(b) the local board for the region may cause the plan to be published in such other manner as, in the opinion of the local board, will make it readily accessible to persons in the region.
The Minister may make any other arrangements that the Minister considers necessary to ensure that local strategic plans are readily accessible to the public.
A local strategic plan may be amended or replaced by a subsequent local strategic plan prepared and approved in accordance with this Division.
The Minister may revoke a local strategic plan, wholly or in part.
The amendment or replacement of a local strategic plan takes effect on the date the plan as amended or replaced is published on the website of Local Land Services or a later date specified in that plan.
The revocation of a local strategic plan takes effect on the date that notice of the revocation is published on the website of Local Land Services or on a later date specified in the notice.
Local Land Services is to ensure that each local strategic plan is kept under regular and periodic review and, in particular, is to cause a plan to be reviewed if the Minister so directs.
The Minister is to ensure that each local strategic plan is audited, within 3 years of its approval, to ascertain whether its provisions are being given effect.
The Minister may, at any time the Minister considers it appropriate to do so, arrange for an audit of a local strategic plan.
An audit under this section is to be carried out by the Natural Resources Commission or an independent person, body or panel appointed by the Minister.
The Minister may direct that the costs of an audit (in whole or in part) under this section be paid by Local Land Services.
For the purposes of this Act, a holding located partly in 2 or more regions is to be regarded as wholly within the region in which the greater part lies.
For the purposes of this section, if the parts of a holding are equal in size, the part on which the principal residence (if any) is located is to be regarded as being the greater part. If there is no principal residence, any dispute as to which part of such holding is to be treated as the greater part is to be decided by the Minister.
For the purposes of this Act, land within a region is rateable land if it is the whole or any part of a holding that is within the region and either—
(a) the land has an area that is not less than the area prescribed by the regulations in relation to the region for the purposes of this paragraph, or
(b) if the regulations provide for land to be rateable land in any other specified circumstances—those circumstances exist in respect of the land.
Local Land Services may make and levy, in accordance with the regulations, such types and amounts of rates, levies and contributions on rateable or other land in a region as are prescribed by, or determined in accordance with, the regulations.
The regulations may—
(a) provide for the period in respect of which a rate, levy or contribution is payable, and
(b) describe the purposes for which or basis or bases on which any particular type of rate, levy or contribution may be imposed, and
(c) describe the rateable or other land in respect of which a particular type of rate, levy or contribution is payable.
An annual return for a holding in a region must be lodged in accordance with the regulations by any person prescribed by the regulations as the person responsible for the lodgment of such a return.
Maximum penalty—20 penalty units.
The annual return is to give details of the matters prescribed by the regulations.
An annual return for a holding that is lodged in accordance with section 58 remains the annual return for that holding for the year it concerns irrespective of any changes occurring in that year in respect of the ownership or occupation of the land or the stock kept on the holding.
Local Land Services may, subject to the regulations, require any person who lodges an annual return, or any owner or occupier of the holding to which an annual return relates, to provide any specified information relating to matters covered by the return for the purpose of—
(a) verifying or updating Local Land Services’ records, or
(b) inquiring into the accuracy of information contained in the return.
It is an offence in some circumstances to fail to provide information when required to do so under this Act—see section 192 (Offences relating to provision of information in relation to certain matters).
This Part applies to any area of the State, other than the following—
(a) urban areas of the State to which State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 applies,
(b) national park estate and other conservation areas, namely—
(i) a wilderness area declared under the Wilderness Act 1987, or
(ii) land reserved under the National Parks and Wildlife Act 1974 or acquired by the Minister administering that Act under Part 11 of that Act, or
(iii) land dedicated or set apart as a flora reserve under the Forestry Act 2012 (or any Act repealed by that Act), or
(iv) land to which an interim heritage order or listing on the State Heritage Register under the Heritage Act 1977 applies, or
(v) a declared area of outstanding biodiversity value under the Biodiversity Conservation Act 2016, or
(vi) an area declared to be critical habitat under Division 3 of Part 7A of the Fisheries Management Act 1994, or
(vii) a declared World Heritage property within the meaning of the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth, or
(viii) land dedicated or reserved under the Crown Lands Act 1989 for similar public purposes for which land is reserved, declared or listed under the other Acts referred to in this paragraph, or
(ix) land to which an interim protection order under Part 11 (Regulatory compliance mechanisms) of the Biodiversity Conservation Act 2016 applies, or
(x) Lord Howe Island,
(c) State forestry land, namely—
(i) land that is a State forest or timber reserve under the Forestry Act 2012, or
(ii) land acquired under Division 4 of Part 3 of the Forestry Act 2012 for the purposes of a State forest (not being any such land acquired for the purposes of a timber plantation).
The regulations may amend this section for the purposes of adding or removing areas of the State to which this Part applies (or of revising references to areas of the State).
For the purposes of this Part,
(a) trees (including any sapling or shrub or any scrub),
(b) understorey plants,
(c) groundcover (being any type of herbaceous vegetation),
(d) plants occurring in a wetland.
A plant is native to New South Wales if it was established in New South Wales before European settlement. The regulations may authorise conclusive presumptions to be made of the species of plants native to New South Wales by adopting any relevant classification in an official database of plants that is publicly accessible.
For the purposes of this Part, native vegetation extends to a plant that is dead or that is not native to New South Wales if—
(a) the plant is situated on land that is shown on the native vegetation regulatory map as category 2-vulnerable regulated land, and
(b) it would be native vegetation for the purposes of this Part if it were native to New South Wales.
For the purposes of this Part, native vegetation does not extend to marine vegetation (being mangroves, seagrasses or any other species of plant that at any time in its life cycle must inhabit water other than fresh water). A declaration under section 14.7 of the Biodiversity Conservation Act 2016 that specified vegetation is or is not marine vegetation also has effect for the purposes of this Part.
For the purposes of this Part,
(a) cutting down, felling, uprooting, thinning or otherwise removing native vegetation,
(b) killing, destroying, poisoning, ringbarking or burning native vegetation.
In this Part—
(a) are contiguous with one another or are separated from one another only by a road, river, creek or other watercourse, or
(b) are certified in writing by Local Land Services to be in the same sub-bioregion and within sufficient proximity to one another so as to constitute a single landholding for the purposes of this Part.
The purpose of the native vegetation regulatory map is to designate areas of the State to which this Part applies—
(a) where the clearing of native vegetation is not regulated under this Part (
category 1-exempt land ), and(b) where the clearing of native vegetation is regulated under this Part (
category 2-regulated land ), and(c) where the clearing of native vegetation is regulated under this Part but (because of its vulnerability) is subject to additional restrictions and extended to the clearing of dead and non-native plants (
category 2-vulnerable regulated land ).
This section applies to an area of the State to which this Part applies during the period from the commencement of this Part until the area has been designated on a native vegetation regulatory map (the
For the purposes of this Part, the area is taken, during the transitional period, to be—
(a) category 1-exempt land, if this Part requires the land to be designated as category 1-exempt land on the native vegetation regulatory map, or
(b) category 2-regulated land, if this Part requires the land to be designated as category 2-regulated land on the native vegetation regulatory map (except as provided by paragraph (c)), or
(c) category 2-vulnerable regulated land, if the land is designated on a transitional native vegetation regulatory map published by the Environment Agency Head as steep or highly erodible land, as protected riparian land or as special category land.
For the purposes of this Part, an area is taken, during the transitional period, to be low conservation value grasslands if it comprises only groundcover whose clearing was permitted by section 20 of the Native Vegetation Act 2003, as in force immediately before the repeal of that Act.
Generally that section permitted clearing if the vegetation comprised less than 50% of indigenous species of vegetation.
A provision of this Part that determines the relevant categorisation of land by reference to a reasonable belief of the Environment Agency Head about a particular matter is to be construed, for the purposes of this section, as a reference to what a reasonable person would believe about the matter.
The Environment Agency Head may, in connection with any legal proceedings against a landholder, issue a certificate that the land described in the certificate is (for the reasons set out in the certificate) category 1-exempt land or category 2-regulated land (including category 2-vulnerable regulated land). The certificate is, in those legal proceedings, prima facie evidence of the category of the land during the transitional period.
The regulations may make further provision with respect to the application of this Part during the transitional period, including—
(a) provisions applying to the identification of low conservation value grasslands, and
(b) the issue of certificates by the Environment Agency Head, at the request of a landholder, as to the relevant categorisation of land, and
(c) the preparation and publication of draft native vegetation regulatory maps for the purposes of the publication of maps at the end of the transitional period and the application of provisions of this Part in relation to those draft maps.
The Environment Agency Head is responsible for preparing and publishing native vegetation regulatory maps under this Part.
Native vegetation regulatory maps are to be prepared in relation to the areas of the State to which this Part applies.
A native vegetation regulatory map may designate—
(a) category 1-exempt land, and
(b) category 2-regulated land (including category 2-vulnerable regulated land), and
(c) any other sub-category prescribed by the regulations.
The Environment Agency Head is to publish information about the scientific method used to prepare a native vegetation regulatory map.
A native vegetation regulatory map is to be published on a government website.
Land is to be designated as category 1-exempt land if the Environment Agency Head reasonably believes that—
(a) the land was cleared of native vegetation as at 1 January 1990, or
(b) the land was lawfully cleared of native vegetation between 1 January 1990 and the commencement of this Part.
Land is to be designated as category 1-exempt land if the Environment Agency Head reasonably believes that—
(a) the land contains low conservation value grasslands, or
(b) the land contains native vegetation that was identified as regrowth in a property vegetation plan referred to in section 9 (2) (b) of the Native Vegetation Act 2003, or
(c) the land is of a kind prescribed by the regulations as category 1-exempt land.
Land is to be designated as category 1-exempt land if the land is biodiversity certified under Part 8 of the Biodiversity Conservation Act 2016 or under any Act repealed by that Act.
However—
(a) land described in subsection (1) or (2) is not to be designated as category 1-exempt land if section 60I (2) requires the land to be designated as category 2-regulated land, and
(b) land described in subsection (1) (a) is not to be designated as category 1-exempt land if the land was unlawfully cleared of native vegetation after 1 January 1990, and
(c) land described in subsection (2) (a) is not to be designated as category 1-exempt land if the land was unlawfully cleared of native vegetation after 1 January 1990.
The regulations may make provision for the purposes of determining whether grasslands are low conservation value grasslands for the purposes of this Division.
Land is to be designated as category 2-regulated land if the Environment Agency Head reasonably believes that—
(a) the land was not cleared of native vegetation as at 1 January 1990, or
(b) the land was unlawfully cleared of native vegetation after 1 January 1990.
Land is to be designated as category 2-regulated land if the Environment Agency Head reasonably believes that—
(a) the land contains native vegetation that was grown or preserved with the assistance of public funds (other than funds for forestry purposes), or
(b) the land is eligible for designation as category 2-vulnerable regulated land, or
(c) the land is subject to a private land conservation agreement under the Biodiversity Conservation Act 2016, or
(d) the land is subject to be set aside under a requirement made in accordance with a land management (native vegetation) code under this Part, or
(e) the land contains grasslands that are not low conservation value grasslands, or
(f) the land is or was subject to a requirement to take remedial action to restore or protect the biodiversity values of the land under this Part or the Biodiversity Conservation Act 2016 or under the Native Vegetation Act 2003 or the National Parks and Wildlife Act 1974, or
(g) the land is subject to an approved conservation measure that was the basis for other land being biodiversity certified under Part 8 of the Biodiversity Conservation Act 2016 or under any Act repealed by that Act, or
(h) the land is an offset under a property vegetation plan under the Native Vegetation Act 2003 or is a set aside under a Ministerial order under Division 3 of Part 6 of the Native Vegetation Regulation 2013, or
(i) the land is in the coastal wetlands and littoral rainforests area of the coastal zone referred to in the Coastal Management Act 2016, or
(j) the land is identified as koala habitat (of a kind prescribed by the regulations) in a plan of management made underState Environmental Planning Policy No 44—Koala Habitat Protection, or
(k) the land is a declared Ramsar wetland within the meaning of the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth, or
(l) the land has (subject to the regulations) been mapped by the Environment Agency Head as land containing critically endangered species of plants under the Biodiversity Conservation Act 2016, or
(m) the land has been mapped by the Environment Agency Head as land containing a critically endangered ecological community under the Biodiversity Conservation Act 2016, or
(n) the land is of a kind prescribed by the regulations as category 2-regulated land.
However, land described in subsection (1) is not to be designated as category 2-regulated land if section 60H (2) or (3) requires the land to be designated as category 1-exempt land.
This section makes provision relating to the mapping of land under this Division as category 1-exempt land or category 2-regulated land.
Native vegetation that comprises grasslands or other non-woody vegetation is taken to have been cleared if the native vegetation was significantly disturbed or modified. The regulations may make provision for the purposes of determining whether native vegetation has been significantly disturbed or modified for the purposes of this Division.
Determinations may be made by the Environment Agency Head that land was unlawfully cleared of native vegetation only if compliance or enforcement action of a kind prescribed by regulations was taken in relation to the clearing.
Determinations may be made by the Environment Agency Head that land was cleared of native vegetation as at 1 January 1990 or between that date and the commencement of this Part only on the basis of the best available aerial photographs or satellite imagery before and after the relevant date, and any evidence provided by the landholder under section 60K (8).
Determinations made (or taken on appeal to have been made) by the Environment Agency Head as to whether land was or was not unlawfully cleared of native vegetation does not affect any decision made with respect to compliance or enforcement action taken under this or any other Act in relation to the clearing.
Re-categorisation of land is the preparation and publication of a native vegetation regulatory map in accordance with this Part for any of the following purposes—
(a) the designation of land that is designated on a published map as one category to another category,
(b) the designation of land that is not designated as any category on a published map as land of a particular category,
(c) the removal of the designation of land on a published map.
The Environment Agency Head is to keep the categorisation of land under review and undertake an annual review of published maps.
The Environment Agency Head may re-categorise land if—
(a) there is an error in a published map, or
(b) the Environment Agency Head obtains new or improved information about historical vegetation cover or land use for a particular landholding, or
(c) in the case of category 2-regulated land that the landholder applies to be re-categorised as category 1-exempt land—the Environment Agency Head reasonably believes that the land has been lawfully cleared after the commencement of this Part in accordance with a property vegetation plan under the Native Vegetation Act 2003 that remains in force, with an approval under Division 6 or with a development consent under the Environmental Planning and Assessment Act 1979 or an approval under Part 5.1 of that Act (unless the land concerned is required to be re-vegetated under the conditions of any such approval or consent), or
(d) the land is subject to a successful review or appeal of an existing categorisation or of a re-categorisation (and the re-categorisation gives effect to the decision on the review or appeal), or
(e) the land is authorised to be re-categorised by a land management (native vegetation) code, or
(f) the land is authorised to be re-categorised by the regulations.
The Environment Agency Head is required to re-categorise land if the status of the land changes so that—
(a) the land becomes (or ceases to be) an area that is excluded from the operation of this Part, or
(b) the land is required to be designated as land of a different category.
A change in the status of land that results in the land being excluded from the operation of this Part has effect when the status of the land changes, whether or not the land has been re-categorised by the Environment Agency Head.
The Secretary of the Department of Planning, Industry and Environment is to notify the Environment Agency Head and the Secretary of the Department (within the meaning of this Act) of any proposed environmental planning instrument that is likely to result in land becoming (or ceasing to be) an area that is excluded from the operation of this Part or that is likely to result in a re-categorisation of a kind prescribed by the regulations.
Land that is category 2-regulated land cannot be re-categorised as category 1-exempt land because of—
(a) any clearing activity authorised under this Part, or
(b) any authorised clearing activity referred to in section 60O (Clearing authorised under other legislation),
unless the re-categorisation is authorised by this Part, a land management (native vegetation) code or the regulations.
The Environment Agency Head is required to consult the landholders concerned before land is re-categorised and to give the landholders at least 30 days to make submissions to the Environment Agency Head about proposed re-categorisations, unless the re-categorisation has been requested by the landholder or relates to the exclusion of land from (or inclusion of land into) the operation of this Part. The regulations may make provision for consultation by individual notification to all or specified landholders of any land or by a public consultation process.
The Environment Agency Head, when making a determination that grasslands or other non-woody vegetation was significantly disturbed or modified on 1 January 1990 or between that date and the commencement of this Part for the purposes of a re-categorisation of the land, is to take into account any evidence provided by the landholder.
If the Environment Agency Head notifies the landholder of category 1-exempt land of a proposed re-categorisation of the land to category 2-regulated land, the land is taken to be category 2-regulated land until whichever of the following first occurs—
(a) the Environment Agency Head notifies the landholder that the land is not to be re-categorised or the land is recategorised,
(b) the period prescribed by the regulations for the purposes of this subsection expires.
The Environment Agency Head is required to advise the landholder of the effect of this subsection when notifying the landholder of the proposed re-categorisation.
If a person commits an offence against section 60N in relation to land to which subsection (9) applies, the maximum penalty for the offence is (despite that section) a Tier 3 monetary penalty (within the meaning of the Biodiversity Conservation Act 2016).
The regulations may make further provision for or with respect to authorising or preventing the clearing of native vegetation during the process of the consideration of a re-categorisation of land or pending the publication of new maps to give effect to a re-categorisation decision.
The relevant landholder may request the Environment Agency Head to review a decision relating to the categorisation or re-categorisation of land on a native vegetation regulatory map.
The grounds on which a request for a review may be made are the same grounds on which the Environment Agency Head may re-categorise the land.
The grounds on which a request for a review may be made extend to a categorisation based on whether or not clearing was lawful, unless the categorisation was based on a determination of the matter made by a court.
The Environment Agency Head is to determine a request for a review, and for that purpose may arrange for an official who was not responsible for the original decision to conduct the review.
The regulations may make provision for or with respect to reviews, including the following—
(a) the form of requests for a review,
(b) the information to be provided in connection with a request for a review,
(c) the extension of any request relating to a part of the landholding concerned to other parts of the landholding,
(d) the fee payable for dealing with a request for a review,
(e) notification of and consultation with affected persons or bodies.
The relevant landholder may appeal to the Land and Environment Court against a decision relating to the categorisation or re-categorisation of land on a native vegetation regulatory map.
An appeal cannot be made against any such decision unless—
(a) it is a decision made after a review under section 60L, or
(b) a request has been made for a review of the decision under section 60L but the review has not been determined within the period prescribed by the regulations.
An appeal is to be made within the time prescribed by the regulations.
The lodging of an appeal does not, except to the extent the Court otherwise directs in relation to the appeal, operate to stay the decision appealed against.
A person who clears native vegetation in a regulated rural area is guilty of an offence unless the person establishes any of the following defences—
(a) that the clearing is for an allowable activity authorised under Division 4 and Schedule 5A,
(b) that the clearing is authorised by a land management (native vegetation) code under Division 5,
(c) that the clearing is authorised by an approval of the Panel under Division 6,
(d) that the clearing is authorised under section 60O (Clearing authorised under other legislation etc),
(e) that the clearing is the carrying out of a forestry operation authorised under Part 5B (Private native forestry).
Maximum penalty—
(a) for an offence that was committed intentionally and that caused or was likely to cause significant harm to the environment—
(i) in the case of a corporation—$5 million, or
(ii) in the case of an individual—$1 million, or
(b) for any other offence—
(i) in the case of a corporation—$2 million, or
(ii) in the case of an individual—$500,000.
The defences under subsection (1) (a)–(c) do not apply if the clearing was the carrying out of a forestry operation in a State forest or other Crown-timber land to which an integrated forestry operations approval under Part 5B of the Forestry Act 2012 applies.
The higher maximum penalty under this section does not apply unless—
(a) the prosecution establishes (to the criminal standard of proof) that the offence was committed intentionally and caused or was likely to cause significant harm to the environment, and
(b) the court attendance notice or application commencing the proceedings alleged that those factors applied to the commission of the offence.
If any such allegation in the notice or application is not established by the prosecution, the lower maximum penalty under this section applies (whether or not the notice or application is amended).
For the purposes of this section, clearing of native vegetation is not authorised as referred to in subsection (1) unless the conditions to which the authorisation is subject (including any conditions of a land management (native vegetation) code relating to the clearing or any certificate or approval issued or granted for the clearing) are complied with. This subsection extends to conditions that impose obligations on the person who clears the native vegetation that are required to be complied with before or after the clearing is carried out.
This section does not operate to preclude the commission of an offence under the Environmental Planning and Assessment Act 1979 or the Biodiversity Conservation Act 2016 in relation to the clearing of native vegetation.
For the purposes of this Part, the clearing of native vegetation in a regulated rural area is authorised under other legislation in any of the following cases—
(a) Planning approval The clearing was authorised by—
(i) a development consent under Part 4 of the Environmental Planning and Assessment Act 1979, or
(ii) a State significant infrastructure approval under Part 5.1 of that Act, or
(iii) a transitional Part 3A project approval under Schedule 6A to that Act.
Note— A planning approval may authorise clearing as part of or ancillary to the carrying out of other development, but except in limited cases does not authorise only clearing of native vegetation—see section 60P.
(b) Other planning authorisation The clearing was—
(i) a part of or ancillary to the carrying out of exempt development within the meaning of the Environmental Planning and Assessment Act 1979, or
(ii) an activity carried out by a determining authority within the meaning of Part 5 of that Act after compliance with that Part, or
(iii) authorised by an approval of a determining authority within the meaning of Part 5 of that Act granted after compliance with that Part.
(c) Biodiversity conservation authorisation The clearing was authorised by a biodiversity conservation licence under the Biodiversity Conservation Act 2016 or was authorised by a regulation made under section 2.9 of that Act (including under a code of practice made or adopted by any such regulation).
(d) Rural fires authorisation The clearing was—
(i) an emergency fire fighting act or emergency bush fire hazard reduction work within the meaning of the Rural Fires Act 1997, or
(ii) bush fire hazard reduction work to which section 100C (4) of the Rural Fires Act 1997 applies or vegetation clearing work under Part 4, Division 9 of that Act.
(e) Electricity network operator bush fire risk mitigation direction The clearing was required to be carried out to give effect to a direction of a network operator under Division 2A of Part 5 of the Electricity Supply Act 1995.
(f) State emergency authorisation The clearing was authorised by or under the State Emergency and Rescue Management Act 1989 or the State Emergency Service Act 1989 and was reasonably necessary in order to avoid a threat to life or property.
(g) Biosecurity authorisation The clearing was an authorised action for the purposes of section 386 of the Biosecurity Act 2015.
(h) Plantation operations authorisation The clearing was the carrying out of a plantation operation on an authorised plantation in accordance with the Plantations and Reafforestation Act 1999, the conditions of the authorisation and the provisions of the Plantations and Reafforestation Code applying to the plantation.
(i) Forestry operations authorisation The clearing was the carrying out of a forestry operation in a State forest or other Crown-timber land to which an integrated forestry operations approval under Part 5B of the Forestry Act 2012 applies, being a forestry operation that is carried out in accordance with the approval.
(j) Water management authorisation The clearing was authorised by a licence, permit, approval or other authority under the Water Management Act 2000.
(k) Mining/petroleum authorisation The clearing was authorised by a lease, licence or other authority under the Mining Act 1992 or the Petroleum (Onshore) Act 1991.
(l) Fisheries management authorisation The clearing was authorised by a licence under Division 6 of Part 7A of the Fisheries Management Act 1994 or was authorised under Division 3 or 4 of Part 7 of that Act.
(m) Survey work The clearing was required to be carried out for the purposes of a survey under the Surveying and Spatial Information Act 2002 and was carried out by or under the direction of a surveyor.
(n) Roads authorisation The clearing was authorised by a consent under Division 3 of Part 9 of the Roads Act 1993.
(o) Private land conservation agreement The clearing was authorised by a private land conservation agreement under the Biodiversity Conservation Act 2016.
(p) Other legislative authorisation The clearing was authorised by or under any other Act that has effect despite this Part.
An environmental planning instrument under the Environmental Planning and Assessment Act 1979 (other than a State environmental planning policy or so much of a local environmental plan that adopts a mandatory provision of a standard instrument under that Act) may not be made to require development consent or other authorisation only for the clearing of native vegetation in an area of the State to which this Part applies. Any such requirement in an environmental planning instrument has no effect.
This section does not affect the imposition of conditions relating to the clearing of native vegetation on a development consent of any other kind.
Schedule 5A sets out the clearing of native vegetation in regulated rural areas for allowable activities that is authorised without any approval or other authority under this Part for the clearing.
Schedule 5A does not permit clearing or any other activity—
(a) without an approval or other authority required by or under another Act or another Part of this Act (or in anticipation of the grant of any such approval or other authority), or
(b) in contravention of any provision of or made under (or in contravention of any agreement made under) another Act or another Part of this Act.
The regulations may amend Schedule 5A.
The clearing of native vegetation in a regulated rural area is authorised without any approval or other authority under this Part if it is clearing carried out by or on behalf of the landholder in accordance with a land management (native vegetation) code under this Division.
The clearing of native vegetation is not authorised by a land management (native vegetation) code in any part of a regulated rural area that is excluded by the regulations or that is excluded by the code concerned.
The clearing of native vegetation is not authorised by a land management (native vegetation) code if the clearing is the carrying out of a forestry operation within the meaning of Part 5B (Private native forestry).
Clearing of native vegetation authorised by Division 4 and Schedule 5A is not subject to a land management (native vegetation) code despite anything to the contrary in the code.
A land management (native vegetation) code does not permit clearing or any other activity—
(a) without an approval or other authority required by or under another Act or another Part of this Act, or
(b) in contravention of any provision of or made under another Act or another Part of this Act, or
(c) if the regulations so provide, without the consent of all landholders or other persons with a specified interest in the land.
The Minister is responsible for preparing and making land management (native vegetation) codes under this Division.
The Minister may make a land management (native vegetation) code only with the concurrence of the Minister administering the Biodiversity Conservation Act 2016.
When preparing or giving concurrence to a land management (native vegetation) code, the Minister or the Minister administering that Act (as the case requires) is to have regard to the principles of ecologically sustainable development (described in section 6 (2) of the Protection of the Environment Administration Act 1991).
Those principles require economic, social and environmental considerations to be effectively integrated in decision-making processes.
A land management (native vegetation) code is to be published on the NSW legislation website.
Before a land management (native vegetation) code is made, the proposed code is to be made publicly available for a period of at least 4 weeks.
During the period of public consultation, any person may make a written submission to the Minister on the proposed code. The Minister may (but need not) make publicly available the submissions made on the proposed code (or a summary of or report on any such submissions).
The Minister is, before making a land management (native vegetation) code, to consider any submissions duly made on the proposed code.
If substantial changes are proposed to be made to a proposed code following public consultation, the Minister may undertake further public consultation on the revised proposed code.
A failure to comply with a requirement under this section in relation to a proposed code does not prevent the code being made, or invalidate the code once it is made.
The regulations may make further provision for or with respect to public consultation under this section.
A land management (native vegetation) code may be amended or repealed in the same way as a code may be made.
Public consultation under section 60U applies to the amendment or repeal of a land management (native vegetation) code.
However, the Minister may—
(a) dispense with public consultation on any amendment of a code if satisfied it should be dispensed with because of the minor nature or urgency of the matter, and
(b) dispense with the concurrence of the Minister administering the Biodiversity Conservation Act 2016 on any amendment of a code if satisfied it should be dispensed with because of the minor nature of the matter.
A land management (native vegetation) code may make provision for or with respect to authorising the clearing of native vegetation on category 2-regulated land.
A code may, in connection with any clearing authorised by the code—
Without limiting section 26 of the Interpretation Act 1987, a State industrial instrument or other agreement may be entered into before the commencement of Part 2 of this Act with respect to—
(a) the transfer of staff of livestock health and pest authorities under the former RLP Act and catchment management authorities under the former CMA Act on the commencement of that Part to Local Land Services, and
(b) the terms and conditions of employment applicable to those persons.
The amount of any catchment contribution, rate, fee or charge that has been levied or imposed under a provision of a former Act and has not been paid when that provision is repealed by this Act is payable and recoverable by Local Land Services as if that provision had not been repealed.
An amount referred to in this clause that, by virtue of a provision of a former Act, was secured by a charge and that could, if it had first become due and payable under this Act, have been secured by a charge by virtue of a provision of this Act continues to be secured under the provisions of this Act.
On the repeal date—
(a) the State Council’s Fund established under section 30 of the former RLP Act is abolished, and
(b) any balance standing to the credit of that Fund is transferred to the Local Land Services Fund and may be used for any purpose for which Local Land Services may expend money from the Fund under this Act.
On the repeal date—
(a) the funds established under section 50 of the former RLP Act are abolished, and
(b) any balance standing to the credit of those funds is transferred to the Local Land Services Fund and may be used for any purpose for which Local Land Services may expend money from that Fund under this Act.
On the repeal date—
(a) the funds established under section 30 of the former CMA Act are abolished, and
(b) any balance standing to the credit of those funds is transferred to the Local Land Services Fund and may be used for any purpose for which Local Land Services may expend money from that Fund under this Act.
The last assessment of the carrying capacity of land made under the former RLP Act before the commencement of clause 16 of the Local Land Services Regulation 2014 continues to have effect in respect of the land until superseded by an assessment of the notional carrying capacity of the land made in accordance with that clause.
A catchment action plan in force under the former CMA Act before the repeal date continues to have effect in respect of natural resource management (within the meaning of the former CMA Act) of the land to which it applied immediately before the repeal date until superseded by a local strategic plan containing provisions with respect to natural resource management (within the meaning of this Act) of the land is made in accordance with this Act.
On the repeal date, a person who was an authorised officer for the purposes of a provision of the former RLP Act that corresponds to a provision of this Act is taken to be an authorised officer for the purposes of a corresponding provision of this Act.
The authority of such an authorised officer is subject to the same conditions, limitations or restrictions as the authority was subject to under the former RLP Act.
On the repeal date, Local Land Services is taken to be vested with the care, control and management of each travelling stock reserve the care, control and management of which was vested in an authority under Part 8 of the former RLP Act.
Land that, immediately before the repeal date, was a stock watering place under Part 9 of the former RLP Act is taken to have been declared to be a stock watering place under this Act.
Any stock permit or reserve use permit issued under Part 8 of the former RLP Act (an
Any right of way condition imposed, or direction to make improvements given, under section 98 of the former RLP Act immediately before the repeal date is taken to have been imposed or given under section 75 of this Act.
Any fencing notice given under Division 6 of Part 8 of the former RLP Act having effect immediately before the repeal date is taken to have been given under Division 6 of Part 6 of this Act.
On the repeal date, the Stock Transportation Accreditation Committee as constituted under section 140H of the former RLP Act immediately before that date is taken to have been constituted under section 125 of this Act.
If—
(a) a notice or notification has been given or served under a provision of a former Act, and
(b) a similar notice or notification could have been served under a corresponding provision of this Act had this Act been in force at the relevant time, and
(c) either the period within which the notice or notification was due to take effect had not expired when that corresponding provision commenced or, if it had expired, the notice or notification had not been complied with,
the notice or notification is to be treated as if it were a notice or notification served under that corresponding provision.
If—
(a) a certificate or other document prepared or created under or for the purposes of a provision of a former Act was in force immediately before the repeal of that provision by this Act, and
(b) a similar certificate or document could be prepared or created under or for the purposes of a corresponding provision of this Act,
that certificate or document continues to have effect as if it had been prepared or created under or for the purposes of that corresponding provision.
In this clause—
(a) any animal or bird of a species that, immediately before the commencement of clause 27 of Schedule 7 to the former RLP Act, was a noxious animal within the meaning of the Rural Lands Protection Act 1989, and
(b) any insect of any species that, immediately before the commencement of clause 27 of Schedule 7 to the former RLP Act, was a noxious insect within the meaning of the Rural Lands Protection Act 1989, and
(c) any animal or bird of a species that, immediately before the commencement of clause 27 of Schedule 7 to the former RLP Act, was the subject of a control order made under section 138D of the Rural Lands Protection Act 1989.
The Minister may make a pest control order under Part 10 of this Act that declares a former pest (or only such species, hybrid or description of such a pest as is specified in the order) to be a pest within the meaning of this Act without complying with the requirements of sections 133 and 134. Such a pest control order is taken to be made in accordance with Division 2 of Part 10.
Nothing in this clause limits section 26 of the Interpretation Act 1987.
In this Part—
This Act, as in force immediately before its amendment by the Biosecurity Act 2015, continues to have effect in respect of—
(a) any relevant instrument in force immediately before the repeal of a repealed provision, and
(b) anything done (before or after the repeal of a repealed provision) under or in connection with such a relevant instrument.
A relevant instrument—
(a) continues to have effect (despite the amendments made by the Biosecurity Act 2015), and
(b) may be withdrawn, varied, revoked or cancelled in accordance with this Act (as if those amendments had not been made), and
(c) ceases to have effect as provided for by this Act, as in force immediately before those amendments were made, or as provided for by this clause (whichever happens first).
Accordingly, any function conferred on any person under a repealed provision in connection with a relevant instrument (including a power to give directions or to seize or destroy any thing) may continue to be exercised after the repeal of the repealed provision as if that provision remained in force.
The Secretary of Regional NSW may, by order in writing, declare that a relevant instrument is a superseded instrument.
A relevant instrument that is declared to be a superseded instrument ceases to have effect when the order takes effect.
Any regulations made under or relating to a repealed provision, as in force immediately before the repeal of the repealed provision, are taken to continue to have effect in relation to the relevant instruments and anything done under or in connection with the relevant instruments.
The power to make regulations conferred by Part 1 of this Schedule includes power to amend or revoke any regulation that is taken to continue to have effect under this clause.
If a repealed provision continues to have effect, any liability or obligation imposed on a person by, under or in connection with a contravention of, that provision also continues to have effect.
Accordingly, a person may incur liability for an offence under a repealed provision after the repeal of the repealed provision.
However, a person cannot be found guilty of both an offence against this Act and an offence against the Biosecurity Act 2015 in respect of the same act or omission occurring on the same occasion.
Except as expressly provided for by this Act or the regulations under this Schedule, the amendment of any Act or any regulation by the Biosecurity Act 2015 does not affect the continued operation of that Act or regulation—
(a) in respect of a relevant instrument or anything done under or in connection with a relevant instrument, or
(b) in respect of any appeals or other proceedings arising under or in connection with a repealed provision.
Schedules 3 and 5, as in force immediately before the repeal of Part 10 by the Local Land Services Amendment Act 2017, continue to apply to compliance notices given, and charges imposed, under that Part before that repeal.
On the commencement of Part 5B of this Act (as inserted by the amending Act)—
(a) a private native forestry plan approved under the former PNF provisions and in force on the repeal of those former provisions, or
(b) a property vegetation plan that was approved under the Native Vegetation Act 2003 and that was taken to be a private native forestry plan under the former PNF provisions (being a plan in force on the repeal of those former provisions),
is taken to be approved as a private native forestry plan under Part 5B of this Act.
A draft private native forestry plan that was submitted to the regulatory authority under section 69ZE of the Forestry Act 2012 before the repeal of that section by the amending Act, and that was pending approval by the regulatory authority on that repeal, is taken to be a draft plan submitted to Local Land Services under section 60ZX.
A private native forestry plan that was registered by the Registrar-General in accordance with section 69ZI of the Forestry Act 2012 before the repeal of that section by the amending Act is not affected by the repeal of that section by the amending Act, and that section continues to apply to that registered plan despite its repeal.
Until a private native forestry code of practice made under Part 5B of this Act otherwise provides, the following component document that applies to any forestry operations is, for the purposes of that Part, the
(a) the Private Native Forestry Code of Practice for Northern NSW published in the Gazette on 16 August 2013,
(b) the Private Native Forestry Code of Practice for Southern NSW published in the Gazette on 8 February 2008,
(c) the Private Native Forestry Code of Practice for the River Red Gum Forests published in the Gazette on 8 February 2008,
(d) the Private Native Forestry Code of Practice for Cypress and Western Hardwood Forests published in the Gazette on 8 February 2008.
The regulations under Part 1 of this Schedule may amend any such code while it continues to apply to forestry operations.
Proceedings for an offence against this Act arising from the carrying out of forestry operations within the meaning of Part 5B (as inserted by the amending Act) and that has been committed since 25 August 2017 but before the commencement of Schedule 3.1 to the amending Act may be taken by the Environment Protection Authority.
(Repealed)
In this Act—
(a) the form prescribed by the regulations for the purposes of the provision in relation to which the expression is used, or
(b) if no such form is prescribed, the form (if any) approved by Local Land Services for the purposes of the provision in relation to which the expression is used.
(a) in relation to an authorised officer appointed by Local Land Services—Local Land Services, or
(b) in relation to an authorised officer appointed by the Minister—the Minister, or
(c) in relation to an authorised officer appointed by the Secretary—the Secretary.
(a) a Public Service agency, State owned corporation and council of a local government area, and
(b) the head of a government agency.
(a) a parcel of land, or
(b) several parcels of land which—
(i) are contiguous with one another or are separated from one another only by a road, river, creek or other watercourse, and
(ii) constitute or are worked as a single property,
irrespective of whether those parcels are held under the same title or different titles or titles of different kinds or whether they are in the same region.
See section 55 (When is a holding within a region?).
(a) water,
(b) native vegetation,
(c) salinity,
(d) soil,
(e) biodiversity,
(f) coastal protection,
(g) marine environment (except a matter arising under the Fisheries Management Act 1994),
(h) forestry,
(i) any other matter concerning natural resources prescribed by the regulations under section 5 of the Natural Resources Commission Act 2003.
(a) the person for the time being entitled to possession of land and includes, if the person so entitled does not reside on the land, the resident manager or other person in charge of the land,
(b) if the land is public land to which no person is entitled to possession—the person having the care, control and management of the land,
(c) if the land is reserved or dedicated for any public use or purpose—the trustee or trustees of the land,
(d) if the land consists of a public road—the roads authority for that road within the meaning of the Roads Act 1993,
(e) if the land consists of a travelling stock reserve—Local Land Services,
(f) any other person designated by the regulations as an occupier of land for the purposes of this definition.
(a) the holder, or the holder subject to mortgage, of any lease or licence or promise of any lease or licence from the Crown, or
(b) the holder, or the holder subject to mortgage, of any incomplete purchase or perpetual lease from the Crown, or
(c) the person entitled to an estate of freehold in possession—
(i) whether in fee simple or for life or otherwise, or
(ii) whether at law or in equity, or
(iii) whether absolutely or by way of mortgage, or
(d) the person in whom is vested any land taken or appropriated under the authority of any statute authorising land to be taken or appropriated for the purpose of any private undertaking.
(a) a Minister of the Crown, or
(b) a local authority constituted by or under an Act, or
(c) a Public Service agency, or
(d) a statutory body representing the Crown, or
(e) the trustee or trustees of land reserved or dedicated for any public use or purpose, or
(f) a State owned corporation, or
(g) a member of staff or other person who exercises functions on behalf of any of the above.
(a) Crown land that is not the subject of a contract for sale, or
(b) land, not being a road, that is the subject of a dedication or permanent reservation for public uses or purposes,
being land that is not the subject of any lease or licence under the Crown Lands Acts or under any other Act authorising the occupation or use of land vested in the Crown.
Local Land Services Act 2013 No 51. Assented to 1.7.2013. Date of commencement, except secs 6 and 7, Sch 1 and cll 5 and 6 of Sch 6, Sch 7.20 [1]–[3] and [6] and cll 85 (b) and 86 of Sch 9, 1.1.2014, sec 2 (1); date of commencement of secs 6 and 7, Sch 1 and cll 5 and 6 of Sch 6, 2.8.2013, sec 2 (2) and 2013 (407) LW 2.8.2013; Sch 7.20 [1]–[3] and [6] and cll 85 (b) and 86 of Sch 9 were not commenced and were repealed by the Game and Feral Animal Control Amendment Act 2013. This Act has been amended by cl 3 (3) of Sch 6 to this Act and as follows—
No 75 | Game and Feral Animal Control Amendment Act 2013. Assented to 23.10.2013. Date of commencement, 15.11.2013, sec 2 and 2013 (645) LW 15.11.2013. | |
No 95 | Civil and Administrative Legislation (Repeal and Amendment) Act 2013. Assented to 20.11.2013. Date of commencement, 1.1.2014, sec 2. | |
No 47 | Snowy Hydro Corporatisation Amendment (Snowy Advisory Committee) Act 2014. Assented to 17.9.2014. Sch 2 was not commenced and was repealed by the Statute Law (Miscellaneous Provisions) Act (No 2) 2017 No 63. | |
No 72 | Marine Estate Management Act 2014. Assented to 11.11.2014. Date of commencement, 19.12.2014, sec 2 and 2014 (833) LW 19.12.2014. | |
No 24 | Biosecurity Act 2015. Assented to 22.9.2015. Date of commencement of Sch 8.26 [1]–[9] and [11], 1.7.2017, sec 2 and 2017 (227) LW 2.6.2017; Sch 8.26 [10] was not commenced and was repealed by the Local Land Services Amendment Act 2017 No 48. | |
No 58 | Statute Law (Miscellaneous Provisions) Act (No 2) 2015. Assented to 24.11.2015. Date of commencement of Sch 3, 15.1.2016, sec 2 (3). | |
No 64 | Local Land Services Amendment Act 2016. Assented to 23.11.2016. Date of commencement, 25.8.2017, sec 2 and 2017 (457) LW 25.8.2017. | |
No 17 | Crown Land Legislation Amendment Act 2017. Assented to 17.5.2017. Date of commencement of Sch 4, 1.7.2018, sec 2 (1) and 2018 (225) LW 1.6.2018. | |
No 22 | Statute Law (Miscellaneous Provisions) Act 2017. Assented to 1.6.2017. Date of commencement of Sch 3, 7.7.2017, sec 2 (3). | |
(445) | Local Land Services Amendment (Land Management—Native Vegetation) Regulation 2017. LW 25.8.2017. Date of commencement, 25.8.2017, cl 2. | |
No 48 | Local Land Services Amendment Act 2017. Assented to 13.10.2017. Date of commencement of Sch 1 [1] [4] [5] [10] [13] [14] [22] and [24], assent, sec 2 (1); date of commencement of Sch 1 [2] [3] [6]–[9] [11] [15]–[19] and [25], 1.12.2017, sec 2 (2) and 2017 (626) LW 17.11.2017; date of commencement of Sch 1 [12] [20] [21] and [23], 1.7.2018, sec 2 (2) and 2018 (307) LW 29.6.2018. | |
No 25 | Statute Law (Miscellaneous Provisions) Act 2018. Assented to 15.6.2018. Date of commencement of Sch 2, 1.8.2018, sec 2 (3). The amendments made by Sch 2.19 [2]–[4] were without effect as the provisions being amended were repealed by the Local Land Services Amendment Act 2017 No 48. | |
No 40 | Forestry Legislation Amendment Act 2018. Assented to 27.6.2018. Date of commencement of Sch 1, 9.11.2018, sec 2 and 2018 (620) LW 9.11.2018. | |
(628) | Local Land Services Amendment (Private Native Forestry) Regulation 2018. LW 9.11.2018. Date of commencement, 9.11.2018, cl 2. | |
No 66 | Planning Legislation Amendment (Greater Sydney Commission) Act 2018. Assented to 31.10.2018. Date of commencement, 10.12.2018, sec 2 and 2018 (715) LW 7.12.2018. | |
No 70 | Government Sector Finance Legislation (Repeal and Amendment) Act 2018. Assented to 22.11.2018. Date of commencement of Schs 3 and 4.63 [1], 1.12.2018, sec 2 (1) and 2018 (673) LW 30.11.2018; date of commencement of Sch 4.63[2] and [4], 1.7.2023, sec 2(1) and 2023 (91) LW 2.3.2023; date of commencement of Sch 4.63[3], 1.7.2021, sec 2(1) and 2021 (305) LW 25.6.2021. | |
(78) | Local Land Services Amendment (Allowable Activities) Regulation 2019. LW 15.2.2019. Date of commencement, on publication on LW, cl 2. | |
No 1 | Statute Law (Miscellaneous Provisions) Act 2019. Assented to 17.6.2019. Date of commencement of Sch 1.10 [1], 14 days after assent, sec 2 (1); date of commencement of Sch 1.10 [2], 1.7.2019, sec 2 (2). | |
(362) | Local Land Services Amendment (Critically Endangered Ecological Communities) Regulation 2019. LW 2.8.2019. Date of commencement, on publication on LW, cl 2. | |
No 30 | Statute Law (Miscellaneous Provisions) Act 2020. Assented to 27.10.2020. Date of commencement of amendments made by Sch 1.26, 11.12.2020, sec 2(3); date of commencement of Sch 3, assent, sec 2(1). | |
No 37 | Bushfires Legislation Amendment Act 2020. Assented to 25.11.2020. Date of commencement of Sch 2, assent, sec 2(1). | |
No 59 | Statute Law (Miscellaneous Provisions) Act (No 2) 2022. Assented to 26.10.2022. Date of commencement, 13.1.2023, sec 2. | |
No 35 | Government Sector Employment and Other Legislation Amendment Act 2024. Assented to 24.6.2024. Date of commencement, 1.7.2024, sec 2 and 2024 (235) LW 26.6.2024. | |
No 82 | Statute Law (Miscellaneous Provisions) Act (No 2) 2024. Assented to 21.11.2024. Date of commencement of Sch 4, assent, sec 2(b). |
This Act has been amended by sec 30C of the Interpretation Act 1987 No 15.
Sec 3 | Am 2016 No 64, Sch 1 [1]; 2017 No 48, Sch 1 [1]. |
Sec 10 | Am 2017 No 48, Sch 1 [2]. |
Sec 12 | Am 2015 No 58, Sch 3.57 [1]; 2017 No 48, Sch 1 [3] [4]. |
Sec 13 | Subst 2015 No 58, Sch 3.57 [2]. |
Sec 14 | Am 2016 No 64, Sch 1 [2]; 2018 No 40, Sch 1 [1]. |
Sec 15 | Am 2015 No 58, Sch 3.57 [3]. |
Sec 16 | Am 2017 No 48, Sch 1 [5]. |
Sec 17 | Am 2015 No 24, Sch 8.26 [1]; 2015 No 58, Sch 3.57 [4]; 2017 No 48, Sch 1 [5] [6]. |
Sec 18 | Am 2015 No 58, Sch 3.57 [1] [5]; 2017 No 48, Sch 1 [5] [6]. |
Sec 19 | Am 2018 No 70, Sch 4.63 [1]. |
Sec 21 | Subst 2018 No 70, Sch 3.38. |
Sec 23 | Subst 2018 No 70, Sch 4.63[2]. |
Sec 24 | Am 2018 No 70, Sch 4.63[3]. |
Part 3, heading | Am 2017 No 48, Sch 1 [7]. |
Part 3, Div 1, heading | Am 2017 No 48, Sch 1 [8]. |
Sec 25 | Am 2017 No 48, Sch 1 [6] [9]. |
Sec 26 | Am 2017 No 48, Sch 1 [10]. |
Sec 26A | Ins 2017 No 48, Sch 1 [11]. |
Secs 31, 35 | Am 2017 No 48, Sch 1 [5]. |
Sec 44 | Am 2018 No 66, Sch 3.3 [1]. |
Sec 54 | Am 2018 No 66, Sch 3.3 [2]. |
Part 5A | Ins 2016 No 64, Sch 1 [3]. |
Part 5A, Div 1 | Ins 2016 No 64, Sch 1 [3]. |
Sec 60A | Ins 2016 No 64, Sch 1 [3]. Am 2017 (445), Sch 1 [1]. |
Secs 60B–60D | Ins 2016 No 64, Sch 1 [3]. |
Part 5A, Div 2 | Ins 2016 No 64, Sch 1 [3]. |
Secs 60E–60J | Ins 2016 No 64, Sch 1 [3]. |
Sec 60K | Ins 2016 No 64, Sch 1 [3]. Am 2020 No 30, Sch 3.29[1]. |
Secs 60L, 60M | Ins 2016 No 64, Sch 1 [3]. |
Part 5A, Div 3 | Ins 2016 No 64, Sch 1 [3]. |
Sec 60N | Ins 2016 No 64, Sch 1 [3]. Am 2018 No 40, Sch 1 [2] [3]. |
Sec 60O | Ins 2016 No 64, Sch 1 [3]. Am 2018 No 40, Sch 1 [4]; 2020 No 37, Sch 2.3. |
Sec 60P | Ins 2016 No 64, Sch 1 [3]. |
Part 5A, Div 4 (secs 60Q, 60R) | Ins 2016 No 64, Sch 1 [3]. |
Part 5A, Div 5 | Ins 2016 No 64, Sch 1 [3]. |
Sec 60S | Ins 2016 No 64, Sch 1 [3]. Am 2018 No 40, Sch 1 [5]. |
Secs 60T–60ZC | Ins 2016 No 64, Sch 1 [3]. |
Part 5A, Div 6 | Ins 2016 No 64, Sch 1 [3]. |
Secs 60ZD, 60ZE | Ins 2016 No 64, Sch 1 [3]. |
Sec 60ZF | Ins 2016 No 64, Sch 1 [3]. Am 2018 No 40, Sch 1 [6]. |
Secs 60ZG–60ZL | Ins 2016 No 64, Sch 1 [3]. |
Part 5A, Div 7 | Ins 2016 No 64, Sch 1 [3]. |
Sec 60ZM | Ins 2016 No 64, Sch 1 [3]. Am 2018 No 40, Sch 1 [7]. |
Sec 60ZN | Ins 2016 No 64, Sch 1 [3]. Am 2018 No 70, Sch 4.63[2]. |
Sec 60ZO | Ins 2016 No 64, Sch 1 [3]. |
Sec 60ZP | Ins 2016 No 64, Sch 1 [3]. |
Part 5B, Divs 1–4 (secs 60ZQ–60ZZC) | Ins 2018 No 40, Sch 1 [8]. |
Sec 61 | Am 2017 No 17, Sch 4.52 [1]. |
Sec 62 | Am 2017 No 17, Sch 4.52 [2]–[4]. |
Sec 63 | Am 2013 No 95, Sch 8.13 [1] [2]; 2015 No 58, Sch 3.57 [1]; 2017 No 17, Sch 4.52 [5]. |
Sec 64 | Am 2017 No 17, Sch 4.52 [6] [7]. |
Sec 65 | Am 2013 No 95, Sch 8.13 [3]–[5]; 2017 No 17, Sch 4.52 [8]. |
Sec 69 | Am 2016 No 64, Sch 1 [4]. |
Sec 70 | Am 2015 No 24, Sch 8.26 [2] [3]. |
Sec 71 | Am 2018 No 25, Sch 2.19 [1]. |
Sec 73 | Am 2015 No 24, Sch 8.26 [4]. |
Sec 76 | Am 2013 No 95, Sch 8.13 [6]–[9]. |
Sec 78 | Am 2017 No 17, Sch 4.52 [9]. |
Sec 86 | Am 2013 No 95, Sch 8.13 [10]–[12]. |
Sec 87 | Subst 2013 No 95, Sch 8.13 [13]. |
Sec 95 | Am 2013 No 95, Sch 8.13 [14]. |
Sec 96 | Am 2013 No 95, Sch 8.13 [15]. |
Sec 97 | Am 2013 No 95, Sch 8.13 [16]–[18]. |
Sec 98 | Rep 2013 No 95, Sch 8.13 [19]. |
Sec 99 | Am 2013 No 95, Sch 8.13 [20] [21]; 2015 No 58, Sch 3.57 [1] [6]. |
Sec 102 | Am 2015 No 24, Sch 8.26 [5]. |
Sec 103 | Am 2015 No 24, Sch 8.26 [6] [7]. |
Sec 106 | Am 2017 No 17, Sch 4.52 [10] [11]. |
Sec 110 | Am 2013 No 95, Sch 8.13 [22] [23]; 2017 No 17, Sch 4.52 [12] [13]. |
Part 8, heading | Am 2024 No 82, Sch 4.6[1]. |
Part 8, note | Am 2024 No 82, Sch 4.6[1]–[3]. |
Sec 114 | Am 2024 No 82, Sch 4.6[4]–[6]. |
Sec 115 | Am 2024 No 82, Sch 4.6[7]. |
Sec 116 | Am 2024 No 82, Sch 4.6[8] [9]. |
Sec 117 | Am 2024 No 82, Sch 4.6[10] [11]. |
Sec 120 | Am 2015 No 24, Sch 8.26 [8]. |
Sec 121 | Am 2015 No 24, Sch 8.26 [9]. |
Secs 125, 127 | Am 2015 No 58, Sch 3.57 [1]. |
Part 10 | Rep 2017 No 48, Sch 1 [12]. |
Part 10, note | Rep 2017 No 48, Sch 1 [12]. |
Part 10, Div 1 (secs 128, 129) | Rep 2017 No 48, Sch 1 [12]. |
Part 10, Div 2 | Rep 2017 No 48, Sch 1 [12]. |
Sec 130 | Am 2016 No 64, Sch 1 [5]. Rep 2017 No 48, Sch 1 [12]. |
Sec 131 | Rep 2017 No 48, Sch 1 [12]. |
Sec 132 | Am 2015 No 58, Sch 3.57 [1]. Rep 2017 No 48, Sch 1 [12]. |
Secs 133–143 | Rep 2017 No 48, Sch 1 [12]. |
Part 10, Div 3 | Rep 2017 No 48, Sch 1 [12]. |
Secs 144–146 | Rep 2017 No 48, Sch 1 [12]. |
Sec 147 | Am 2013 No 95, Sch 8.13 [24]. Rep 2017 No 48, Sch 1 [12]. |
Sec 148 | Am 2013 No 95, Sch 8.13 [25]–[27]. Rep 2017 No 48, Sch 1 [12]. |
Secs 149, 150 | Rep 2017 No 48, Sch 1 [12]. |
Part 10, Div 4 | Rep 2017 No 48, Sch 1 [12]. |
Secs 151–153 | Rep 2017 No 48, Sch 1 [12]. |
Secs 154, 155 | Rep 2017 No 48, Sch 1 [13]. |
Part 10, Div 5 | Rep 2017 No 48, Sch 1 [13]. |
Sec 156 | Rep 2017 No 48, Sch 1 [12]. |
Sec 157 | Am 2013 No 95, Sch 8.13 [28]–[30]. Rep 2017 No 48, Sch 1 [12]. |
Secs 158–163 | Rep 2017 No 48, Sch 1 [12]. |
Sec 189 | Subst 2017 No 22, Sch 3.42. |
Sec 192 | Am 2015 No 58, Sch 3.57 [1]. |
Sec 196 | Am 2013 No 95, Sch 8.13 [31]. |
Sec 197 | Am 2013 No 95, Sch 8.13 [32]; 2015 No 58, Sch 3.57 [7]. |
Sec 200A | Ins 2017 No 48, Sch 1 [14]. Am 2019 No 1, Sch 1.10 [1]. |
Sec 201 | Am 2022 No 59, Sch 2.27. |
Sec 205 | Am 2015 No 58, Sch 3.57 [1]; 2017 No 48, Sch 1 [6]. |
Sec 206 | Am 2013 No 95, Sch 8.13 [33] [34]. |
Sec 207 | Rep 2013 No 95, Sch 8.13 [35]. |
Sec 209 | Am 2020 No 30, Sch 1.26[1] [2]; 2022 No 59, Sch 1.23. |
Sec 210 | Rep 1987 No 15, sec 30C. |
Sec 211 | Am 2016 No 64, Sch 1 [6]. |
Sec 212 | Ins 2016 No 64, Sch 1 [7]. |
Sch 2 | Am 2015 No 58, Sch 3.57 [8] [9]; 2017 No 48, Sch 1 [15]–[18]; 2024 No 35, Sch 3.10. |
Sch 2A | Ins 2017 No 48, Sch 1 [19]. |
Sch 3 | Am 2017 No 48, Sch 1 [20] [21]. |
Sch 4 | Am 2015 No 58, Sch 3.57 [10]. |
Sch 5 | Am 2017 No 17, Sch 4.52 [14]; 2017 No 48, Sch 1 [22] [23]; 2018 No 25, Sch 2.19 [5] [6]. |
Sch 5A | Ins 2016 No 64, Sch 1 [8]. Am 2017 (445), Sch 1 [2]–[8]; 2018 No 40, Sch 1 [9] [10]; 2018 (628), Sch 1 [1]–[12]; 2019 (78), Sch 1 [1] [2]; 2019 (362), Sch 1 [1]–[4]; 2020 No 30, Sch 1.26[3]. |
Sch 5B | Ins 2016 No 64, Sch 1 [9]. |
Sch 6 | Am 2015 No 24, Sch 8.26 [11]; 2017 No 48, Sch 1 [24]; 2018 No 40, Sch 1 [11] [12]; 2020 No 30, Sch 3.29[2]. |
Sch 7 | Am 2013 No 75, Sch 2.5 [1]. Rep 1987 No 15, sec 30C. |
Sch 8 | Rep 1987 No 15, sec 30C. |
Sch 9 | Am 2013 No 75, Sch 2.5 [2]. Rep 2013 No 51, Sch 6, cl 3 (3). |
Dictionary | Am 2013 No 95, Sch 8.13 [36]; 2014 No 72, Sch 4.6; 2015 No 58, Sch 3.57 [1] [11]–[14]; 2016 No 64, Sch 1 [10]; 2017 No 17, Sch 4.52 [15]–[18]; 2017 No 48, Sch 1 [25]; 2019 No 1, Sch 1.10 [2]; 2020 No 30, Sch 3.29[3]. |
For the purposes of comparison, this table shows for provisions of this Act (as at the date of assent) corresponding provisions of the repealed Rural Lands Protection Act 1998 and Catchment Management Authorities Act 2003.
Column 1 | Column 2 |
Provisions of this Act | Corresponding provisions of repealed Acts |
Secs 1–5 | — |
Secs 6 and 7 | Sec 5 RLPA |
Secs 8–14 | — |
Sec 15 | Sec 13 RLPA |
Secs 16–18 | Sec 241 RLPA |
Secs 19 and 20 | Sec 30 RLPA |
Sec 20 | — |
Sec 21 | Sec 32 RLPA |
Sec 22 | Sec 32 CMAA |
Sec 23 | Sec 36 RLPA |
Sec 24 | Sec 34 RLPA |
Secs 25–33 | — |
Secs 34 and 35 | Secs 57B and 57C RLPA |
Secs 36–43 | — |
Sec 44 | Sec 26 CMAA |
Secs 45 and 46 | — |
Secs 47–54 | Secs 20–26 CMAA |
Sec 55 | Sec 8 RLPA |
Sec 56 | Sec 60 RLPA |
Sec 57 | Secs 61 and 62 RLPA and Schedule 4 CMAA |
Secs 58–60 | Secs 76–78 RLPA |
Secs 61–105 (Part 6) | Secs 84–128 RLPA (Part 8) |
Secs 106–113 (Part 7) | Secs 129–136 RLPA (Part 9) |
Secs 114–117 (Part 8) | Secs 137–140 RLPA (Part 10) |
Secs 118–127 (Part 9) | Secs 140A–140J RLPA (Part 10A) |
Secs 128–163 (Part 10) | Secs 141–181 RLPA (Part 11) |
Secs 164–181 (Part 11) | Secs 182–199 RLPA (Part 12) |
Secs 182–197 (Part 12) | Secs 200–214A RLPA (Part 13) |
Secs 198–200 (Part 13) | Secs 215–218 and 228 RLPA |
Sec 201 | Sec 35 CMAA |
Sec 202 | Sec 36 CMAA |
Sec 203 | Sec 36 RLPA |
Sec 204 | Sec 237 RLPA |
Sec 205 | Sec 238 RLPA |
Sec 206 | Sec 243 RLPA and sec 40 CMAA |
Sec 207 | Sec 242 RLPA |
Sec 208 | Sec 244 RLPA |
Secs 209–211 | — |
Schedule 1 | — |
Schedule 2 | Schedule 1 RLPA |
Schedule 3 | Schedule 4 RLPA |
Schedule 4 | Schedule 3 RLPA |
Schedule 5 | Schedule 5 RLPA |
Schedule 6 | Schedule 7 RLPA |
Schedules 7 and 8 | — |
Schedule 9 | — |
Dictionary | Dictionary RLPA |
0
0
0