Native Vegetation Conservation (Savings and Transitional) Amendment (Minimal Clearing Exemption) Regulation 2004 (NSW)

2004 No 142

New South Wales

Native Vegetation Conservation

(Savings and Transitional) Amendment
(Minimal Clearing Exemption)

Regulation 2004

under the

Native Vegetation Conservation Act 1997

His Excellency the Lieutenant-Governor, with the advice of the Executive Council, has made the following Regulation under the Native Vegetation Conservation Act 1997.

CRAIG KNOWLES, M.P.,

Minister for Natural Resources

Explanatory note
Clause 3 (2) of Schedule 4 to the Native Vegetation Conservation Act 1997 (the Act) provides that the clearing of native vegetation for a purpose or extent described in Schedule 3 to SEPP 46 continues, even though SEPP 46 has been repealed, to be clearing that is exempt from any requirement under Part 2 of the Act for development consent. One such clearing exemption provides for the minimal clearing of up to 2 hectares per year for any contiguous holding in the same ownership.
The continuation of the SEPP clearing exemptions is, however, subject to the regulations. The object of this Regulation is to provide that the minimal clearing exemption will not apply in relation to the clearing of native vegetation in the coastal zone (which is defined in the Coastal Protection Act 1979).

This Regulation is made under the Native Vegetation Conservation Act 1997, including clauses 1 and 3 of Schedule 4.

Published in Gazette No 65 of 26 March 2004, page 1735	Page 1
2004 No 142	Native Vegetation Conservation (Savings and Transitional) Amendment
Clause 1	(Minimal Clearing Exemption) Regulation 2004

Native Vegetation Conservation (Savings and
Transitional) Amendment (Minimal Clearing Exemption)

Regulation 2004

under the

Native Vegetation Conservation Act 1997

1      Name of Regulation

This Regulation is the Native Vegetation Conservation (Savings and Transitional) Amendment (Minimal Clearing Exemption) Regulation 2004.

2 Amendment of Native Vegetation Conservation (Savings and Transitional) Regulation 1998

The Native Vegetation Conservation (Savings and Transitional)
Regulation 1998 is amended as set out in Schedule 1.

Native Vegetation Conservation (Savings and Transitional) Amendment	2004 No 142
(Minimal Clearing Exemption) Regulation 2004
Amendments	Schedule 1
Schedule 1 Amendments

(Clause 2)

[1]      Clause 3 Definitions

Insert before the definition of the Act:

SEPP 46 means State Environmental Planning Policy No 46—Protection and Management of Native Vegetation as in force immediately before its repeal by the Act.

[2] Clause 5 Application of SEPP 46 exemptions to land to which Murray Regional Environmental Plan No 2—Riverine Land applies

Omit clause 5 (3).

[3]      Clause 9

Insert after clause 8:

9      Minimal clearing exemption under SEPP 46 not to apply in relation to coastal zone

(1)	The clearing of native vegetation in the coastal zone to the extent described in paragraph (a) of Schedule 3 to SEPP 46 is taken not to be clearing that is exempt from any requirement under Part 2 of the Act for development consent.
(2)	In this clause, coastal zone has the same meaning as in the Coastal Protection Act 1979.

BY AUTHORITY