New South Wales Consolidated Regulations

NORTH COAST REGIONAL ENVIRONMENTAL PLAN - REG 29A

29A Development control-natural areas and water catchment

(1) The council must not grant consent for the clearing of natural vegetation in environmental protection, scenic protection or escarpment preservation zones unless it is satisfied that:

(a) the wildlife habitat will not be significantly disturbed by the proposed development, and

(b) the scenery will not be adversely affected by the proposed development, and

(c) an erosion and sediment control plan will be implemented which will successfully contain on the site any erosion or sediment caused by the proposed development.

(2) In this clause, "clearing of natural vegetation" means:

(a) the removal of the majority of the vegetation, ground cover, topsoil or flora (other than noxious weeds, or trees which are dead, dangerous, exotic or propagated for horticultural purposes) within an area in excess of 1 hectare, or

(b) the reduction of the canopy or the population of any one tree species in excess of 20 per cent within an area in excess of 1 hectare,

but does not include such removal or reduction:

(c) within 3 metres of the boundary of land in different ownership or occupation for constructing or maintaining a fence, or

(d) within 0.5 metre of the common boundary of land in different ownership or occupation to allow a registered surveyor to survey the boundary.