New South Wales Consolidated Regulations

NATIVE VEGETATION REGULATION 2005

- Made under the Native Vegetation Act 2003
- As at 15 July 2011
- Reg 729 of 2005

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Name of Regulation
   2.      Commencement
   3.      Definitions

   PART 2 - DEVELOPMENT CONSENT FOR CLEARING

   4.      Exclusion of matters for consideration
   5.      Conditions of development consent
   6.      Development consent for single dwelling authorises clearing
   6A.     Limitation on granting of development consent

   PART 3 - PROPERTY VEGETATION PLANS

   7.      Form of PVPs
   8.      Draft PVPs
   9.      Content of PVPs
   10.     PVPs that change regrowth date
   11.     Variation and termination of PVPs
   12.     Information about PVPs and development consents
   12A.    Limitation on approval of PVPs
   12B.    Consent for submission of draft PVPs

   PART 4 - ROUTINE AGRICULTURAL MANAGEMENT ACTIVITIES

   13.     Control of pest animals
   14.     Crown land management infrastructure
   15.     Telecommunications infrastructure on Crown land
   16.     Obtaining construction timber
   17.     Clearing of feral native plant species
   18.     Gardens
   18A.    Infrastructure works by councils
   19.     Definition of “small holding”
   20.     Infrastructure buffer distances
   21.     Maintenance of public utilities-electricity transmission
   22.     Land set aside for management or protection of native vegetation by PVP
   23.     Land subject to direction for remedial work
   23A.    Restrictions on RAMAs-land to which a private native forestry PVP applies (excluding critical environmental areas)
   23B.    Restrictions on RAMAs-land to which a private native forestry PVP applies (critical environmental areas only)

   PART 5 - ASSESSMENT OF BROADSCALE CLEARING-ENVIRONMENTAL OUTCOMES

   24A.    Part does not apply to clearing for private native forestry purposes under PVP
   24.     Adoption of Minister’s Assessment Methodology
   25.     Procedure for amendment of Assessment Methodology
   26.     Proposed broadscale clearing to be assessed using Assessment Methodology
   27.     Special provisions for minor variation
   28.     Special provisions for long term environmental benefits
   29.     Special requirements when PVP approved on the basis of varied data or expert assessment

   PART 5A - CLEARING UNDER PVP FOR PURPOSES OF PRIVATE NATIVE FORESTRY

   29A.    PNF code of practice
   29B.    Clearing under PVP in accordance with PNF code of practice
   29C.    Special provisions for minor variation
   29D.    Procedure for amendment of PNF code of practice

   PART 6 - SPECIAL PROVISIONS FOR VULNERABLE LAND

   30.     Former Act not to apply to State protected land
   31.     Identification of protected regrowth on steep or highly erodible land or protected riparian land
   32.     Limitation of RAMAs on protected riparian land
   33.     Clearing of lignum on special category land

   PART 7 - SAVINGS AND TRANSITIONAL PROVISIONS

   34.     Authorised officers under former Act
   35.     Pending applications for development consent
   36.     Native Vegetation Management Fund
   37.     Property agreements under former Act
   38.     Stop work orders and remedial work directions under former Act
   39.     Exempt farm forestry under Plantations and Reafforestation Act 1999
   40.     (Repealed)
   40A.    Exemption of clearing authorised under existing authorities (State protected land)
   41.     Existing private native forestry-clearing under SEPP 46 exemptions
   41A.    Development consents and pending applications under former Act to clear State protected land for private native forestry purposes

   PART 8 - GENERAL

   42.     Clearing of groundcover-calculations
   43.     Penalty notice offences and penalties
   44.     Amendments to Schedule 1 to the Act
           SCHEDULE 1