Native Vegetation Conservation (Savings and Transitional) Regulation 1998 (NSW)

1Name of Regulation

This Regulation is the Native Vegetation Conservation (Savings and Transitional) Regulation 1998.

2Commencement

This Regulation is taken to have commenced on 1 January 1998.

3Definitions

In this Regulation:

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.

the Act means the Native Vegetation Conservation Act 1997.

4Notes

The explanatory note and table of contents do not form part of this Regulation.

5Application of SEPP 46 exemptions to land to which Murray Regional Environmental Plan No 2—Riverine Land applies(1)

Clause 3 (2) of Schedule 4 to the Act extends to the land to which Murray Regional Environmental Plan No 2—Riverine Land applies. Accordingly, the clearing of native vegetation on land to which that plan applies for a purpose or extent described in Schedule 3 to SEPP 46 is taken to be clearing that is exempt from any requirement under Part 2 of the Act for development consent.

(2)

This clause ceases to have effect in relation to the exempt clearing if the land on which the clearing relates becomes land to which a regional vegetation management plan applies.

(3)

(Repealed)

6Exemption of clearing authorised under existing clearing licences(1)

Any clearing authorised under an existing clearing licence is taken to be clearing that is exempt from any requirement under Part 2 of the Act for development consent.

(2)

This clause ceases to have effect in relation to the exempt clearing if:

• (a)

  the existing clearing licence ceases to be in force, or

• (b)

  the land on which the clearing relates becomes land to which a regional vegetation management plan applies,

whichever first occurs.

(3)

In this clause:

existing clearing licence means a clearing licence issued under section 27G of the Forestry Act 1916 and in force immediately before 1 January 1998.

6AContinuation of exemption for matters formerly set out in Schedule 4 to the Western Lands Regulation 1997(1)

This clause commences on the repeal of the Western Lands Regulation 1997.

(2)

The object of this clause is to continue the exemption referred to in clause 5 (2) of Schedule 4 to the Act in relation to the clearing of native vegetation in the Western Division.

(3)

The clearing of native vegetation in the Western Division for a purpose described in Schedule 1 is taken to be clearing that is exempt from any requirement under Part 2 of the Act for development consent.

(4)

Subclause (3) ceases to have effect in relation to land when a regional vegetation management plan comes into effect in relation to that land.

(5)

On the commencement of this clause, clause 5 (2) and (3) of Schedule 4 to the Act cease to have effect.

7Exemption of clearing authorised under existing cultivation consents(1)

Any clearing of native vegetation (other than trees) authorised under an existing cultivation consent is taken to be clearing that is exempt from any requirement under Part 2 of the Act for development consent.

(2)

This clause ceases to have effect in relation to the exempt clearing if:

• (a)

  the existing cultivation consent ceases to be in force, or

• (b)

  the land on which the clearing relates becomes land to which a regional vegetation management plan applies,

whichever first occurs.

(3)

In this clause:

existing cultivation consent means a consent under section 18DA of the Western Lands Act 1901 and in force immediately before 1 January 1998.

8Regions and regional vegetation management plans(1)

Except to the extent (if any) that the plan provides to the contrary, references in a regional vegetation management plan to a region designated under section 8 of the Act are taken to be references to the region as designated from time to time.

(2)

If an order under section 8 of the Act alters the boundaries of a named region, anything done in relation to the region before that alteration took effect is taken to have been done in relation to the region with the altered boundaries.

9Minimal 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.

Schedule 1Exemptions in relation to clearing of land in the Western Division

(Clause 6A)

1

Clear land not more than 20 metres either side of the line of an existing or a proposed fence, being a fence which is or is to be of a permanent nature.

2

Clear land not more than 30 metres wide for any of the following purposes:

• (a)

  an access trail,

• (b)

  a cut-line for stock movement,

• (c)

  a firebreak,

• (d)

  a road,

• (e)

  a telephone line or cable,

• (f)

  a power line or cable,

• (g)

  a drain to a water storage,

• (h)

  a bore drain,

• (i)

  a pipeline,

• (j)

  an irrigation channel.

3

Clear land not more than 100 metres wide for a firebreak where mallee species predominate.

4

Clear an area of land sufficient to meet civil aviation standards for the purpose of constructing an airstrip.

5

Clear land, not more than 5 hectares in area for the construction of a house, shearing shed, machinery shed, ground tank, dam, stock yard or similar utility, subject to the construction being permitted under the Western Lands Act 1901 or any relevant Western Lands lease or licence under that Act.

6

Clear land of seedlings and regrowth where the land was cleared or cultivated during the preceding 20 years under the provisions of the Western Lands Act 1901 or the Forestry Act 1916, except where the tree cover predominantly comprises one or more of the following species:

• •

  Eucalyptus camaldulensis (river red gum)

• •

  Casuarina cristata (belah)

• •

  Casuarina pauper (belah)

• •

  Callitris glaucophylla (white cypress pine).

7

Clear land of trees which are less than 3 metres high where one or more of the following species predominates:

• •

  Eucalyptus largiflorens (black box)

• •

  Eucalyptus camaldulensis (river red gum)

• •

  Eucalyptus populnea (bimble box)

• •

  Eucalyptus coolabah (coolibah)

• •

  Callitris glaucophylla (white cypress pine)

• •

  Casuarina cristata (belah)

• •

  Casuarina pauper (belah).

8

Clear land where the predominant species are “woody weeds” which, for the purpose of this paragraph, are:

• •

  Eremophila sturtii (turpentine)

• •

  Eremophila mitchellii (budda, false sandalwood)

• •

  Dodonaea viscosa subsp. spatulata (broadleaf hopbush)

• •

  Dodonaea viscosa subsp. angustissima (narrowleaf hopbush)

• •

  Senna artemisioides subsp. filifolia (punty bush)

• •

  Senna artemisioides nothosubsp. artemisioides (silver cassia).

9

Lop trees to provide stockfeed in times of drought where the method and extent of the lopping ensures the continued survival and health of the trees.

10

Selectively push mulga trees in dense mulga stands for stock feeding purposes subject to the following conditions:

• (a)

  the retention of mulga trees at spacings of no more than 20 metres,

• (b)

  in selecting trees for retention priority is given to trees with a trunk diameter exceeding 12 centimetres.

11

Clear land (by the use of fire) where mallee trees are the predominant species for the purpose of promoting the growth of pasture species or reducing hazardous or potentially hazardous fuel build-up, but not so as to result in the significant killing of the below-ground parts of the predominant species or the significant destruction of other trees.

12

Clear land where the predominant species is one of the following:

• •

  Prosopis (mesquite)

• •

  Lycium ferocissimum (African boxthorn).

13

Clear land in connection with rabbit ripping undertaken as part of a planned rabbit control program on land that is not State protected land, but only if the clearing is limited to trees which must be removed in order to destroy a rabbit warren.

14

Kill or otherwise destroy trees of the following species:

• •

  Tamarix aphylla (athol pine)

• •

  Ailanthus altissima (tree of heaven)

• •

  Schinus ariera (peppercorn)

• •

  Acacia nilotica (prickly acacia).