New South Wales Consolidated Regulations

CESSNOCK LOCAL ENVIRONMENTAL PLAN 1989 - REG 20

20 Clearing

(2) Subject to this clause, land within Zone No 1 (a), 1 (f) or 1 (v) may be cleared for the purposes of agriculture, forestry, air navigation safety, land survey, fencing or bushfire hazard reduction (including the maintenance and construction of fire trails, and the removal by burning or mechanical clearing of firebreaks or fire hazards, carried out or arranged by the Cessnock District Bush Fire Protection Committee) without the consent of the Council and for any other purpose with the consent of the Council.

(3) Subclause (2) does not authorise the clearing of land within Zone No 1 (v) for the purposes of agriculture or commercial vineyards without the consent of the Council.

(3A) Nothing in subclause (2) or (3) authorises the clearing of land within Zone No 1 (v) within areas designated as native vegetation corridors in the development control plan for the Vineyards District adopted by the Council.

(4) Nothing in subclause (2) authorises the clearing of land in contravention of any other Act or instrument made under an Act concerned with soil erosion, protection of riverbank vegetation or catchment areas or the like.

(5) A person shall not, without the consent of the Council, clear land (other than for the purposes of bushfire hazard reduction) within Zone No 1 (a), 1 (c) or 1 (c2) and which is identified as Class VII or Class VIII on the Rural Capability Map prepared by the Soil Conservation Service as part of the Land Resources Study-City of Greater Cessnock 1982.

(6) In granting consent to an application for clearing as referred to in subclause (5), the Council may attach conditions to the consent intended to minimise the risk of soil erosion.

(7) Land referred to in clause 42 shall not be cleared for any purpose except with the consent of the Council.

(8) A person shall not, without the consent of the Council, clear land within zone no 1 (c) or 1 (c2), except for the purpose of land survey, fencing on the land or bushfire hazard reduction carried out or advised by the Cessnock District Bushfire Management Committee.

(9) This clause does not apply to land to which clause 20B applies.