New South Wales Consolidated Acts

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NATIVE VEGETATION ACT 2003

- As at 1 July 2017
- Act 103 of 2003

TABLE OF PROVISIONS

           Long Title

   PART 1 - PRELIMINARY

   1.      Name of Act
   2.      Commencement
   3.      Objects of Act
   4.      Definitions
   5.      Land excluded from operation of Act

   PART 2 - KEY CONCEPTS

   6.      Meaning of native vegetation
   7.      Meaning of clearing native vegetation
   8.      Meaning of broadscale clearing
   9.      Meanings of remnant native vegetation and regrowth
   10.     Meaning of protected regrowth
   11.     Meaning of routine agricultural management activities

   PART 3 - CLEARING NATIVE VEGETATION

           Division 1 - Control of clearing

   12.     Clearing requiring approval
   13.     Minister is consent authority for clearing
   14.     Granting of development consent
   15.     Regulations
   16.     Relationship to Part 5 of EPA Act
   17.     Clearing not affected by subsequent environmental planning instruments

           Division 2 - Permitted clearing

   18.     Application
   19.     Clearing of non-protected regrowth permitted
   20.     Clearing of certain groundcover permitted

           Division 3 - Permitted activities

   21.     Application
   22.     Routine agriculture management activities
   23.     Continuation of existing farming activities
   24.     Sustainable grazing

           Division 4 - Excluded clearing

   25.     Legislative exclusions

   PART 4 - PROPERTY VEGETATION PLANS

   26.     Landholders may submit plans
   27.     Plans require Ministerial approval
   28.     Content of plans
   29.     Plans proposing broadscale clearing
   30.     Duration of plans
   31.     Registered plan to run with land
   32.     Regulations

   PART 5 - ENFORCEMENT

           Division 1 - Preliminary

   33.     Application of Part
   34.     Appointment of authorised officers

           Division 2 - Investigation

   35.     Powers of entry and inspection

           Division 3 - Director-General’s powers

   36.     Power to obtain information
   37.     Director-General may make “stop work” order
   38.     Directions for remedial work
   39.     Appeals under this Division
   40.     Prior notification not required

           Division 4 - Civil and criminal proceedings

   41.     Restraint of contraventions of this Act
   42.     Proceedings for offences
   43.     Penalty notices
   44.     Evidentiary provision
   45.     Liability of directors etc for offences by corporation-offences attracting executive liability
   45A.    Liability of directors etc for offences by corporation-accessory to the commission of the offences

   PART 6 - MISCELLANEOUS PROVISIONS

   46.     Regulation of collection of timber for commercial firewood
   47.     Act binds Crown
   48.     Delegation of functions
   49.     Service of notices
   50.     Evidence
   51.     Regulations
   52.     Repeals
   53.     (Repealed)
   54.     Savings, transitional and other provisions
   55.     Review of Act
           SCHEDULE 1
           Schedule 2 (Repealed)
           SCHEDULE 3


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