Native Vegetation Conservation Act 1997 (NSW)

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An Act relating to the conservation and sustainable management of native vegetation and the clearing of land; to amend the Soil Conservation Act 1938 and certain other Acts; to repeal State Environmental Planning Policy No 46—Protection and Management of Native Vegetation; and for related purposes.

Part 1Preliminary1Name of Act

This Act is the Native Vegetation Conservation Act 1997.

2Commencement

This Act commences on a day or days to be appointed by proclamation.

3Objects of Act

The objects of this Act are:

  • (a)

    to provide for the conservation and management of native vegetation on a regional basis, and

  • (b)

    to encourage and promote native vegetation management in the social, economic and environmental interests of the State, and

  • (c)

    to protect native vegetation of high conservation value, and

  • (d)

    to improve the condition of existing native vegetation, and

  • (e)

    to encourage the revegetation of land, and the rehabilitation of land, with appropriate native vegetation, and

  • (f)

    to prevent the inappropriate clearing of vegetation, and

  • (g)

    to promote the significance of native vegetation,

in accordance with the principles of ecologically sustainable development.

4Definitions and notes(1)

In this Act:

Advisory Council means the Native Vegetation Advisory Council established under this Act.

authorised officer means a person appointed under section 59.

clearing is defined in section 5.

critical habitat means:

  • (a)

    habitat declared under Part 3 of the Threatened Species Conservation Act 1995, or

  • (b)

    habitat declared under Division 3 of Part 7A of the Fisheries Management Act 1994.

development consent means development consent under Part 4 of the EPA Act.

Director-General means the Director-General of the Department of Land and Water Conservation.

environmental planning instrument has the same meaning as in the EPA Act.

EPA Act means the Environmental Planning and Assessment Act 1979.

exercise a function includes perform a duty.

function includes a power, authority or duty.

Fund means the Native Vegetation Management Fund established under this Act.

lake includes a lagoon, wetland, or other body of still water, whether permanent or temporary.

landholder means a person who owns land or who, whether by reason of ownership or otherwise, is in lawful occupation or possession, or has lawful management or control, of land.

native vegetation is defined in section 6.

native vegetation code of practice (or code) means a native vegetation code of practice in force under Part 4.

principles of ecologically sustainable development means the principles described in section 6 (2) of the Protection of the Environment Administration Act 1991.

Note—

Section 6 (2) of the Protection of the Environment Administration Act 1991 is as follows:

(2)

… ecologically sustainable development requires the effective integration of economic and environmental considerations in decision-making processes. Ecologically sustainable development can be achieved through the implementation of the following principles and programs:

  • (a)

    The precautionary principle—namely, that if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to…

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.