New South Wales Consolidated Acts

NATIVE VEGETATION ACT 2003 - SECT 9

9 Meanings of remnant native vegetation and regrowth

(1) For the purposes of this Act, "remnant native vegetation" means any native vegetation other than regrowth.

(2) For the purposes of this Act, "regrowth" means any native vegetation that has regrown since the earlier of the following dates:

(a) 1 January 1983 in the case of land in the Western Division and 1 January 1990 in the case of other land,

(b) the date specified in a property vegetation plan for the purposes of this definition (in exceptional circumstances being a date based on existing rotational farming practices).

(3) In subsection (2) (b), "existing rotational farming practices" means rotational farming practices:

(a) that are reasonable and in accordance with accepted farming practice, and

(b) that have been in place since the date specified in the plan.

(4) Regrowth does not include any native vegetation that has regrown following unlawful clearing of remnant native vegetation or following clearing of remnant native vegetation caused by bushfire, flood, drought or other natural cause.