New South Wales Consolidated Regulations

NATIVE VEGETATION REGULATION 2005 - REG 18A

18A Infrastructure works by councils

(1) The activities that comprise routine agricultural management activities for the purposes of section 11 of the Act are extended to include the construction, operation or maintenance of any of the following (referred to in this clause as "infrastructure works") by a council:

(a) sewerage treatment works,

(b) waste disposal landfill operations,

(c) waste management facilities,

(d) water supply works,

(e) gravel pits,

(f) cemeteries,

(g) outdoor playgrounds, playing fields, netball courts, tennis courts, volleyball courts, basketball courts, swimming pools, skateboard ramps or similar outdoor recreation areas or facilities, that are normally open to the public, including any buildings that are ancillary to any such area or facility.

(2) This clause authorises the clearing of native vegetation only if:

(a) the clearing is, in each case, limited to a single area of land of no more than 2 hectares, and

(b) the native vegetation does not comprise (or is not likely to comprise):

(i) a threatened species, or a component of a threatened population or threatened ecological community, under the Threatened Species Conservation Act 1995 , or

(ii) habitat of threatened species, populations or ecological communities of fish under the Fisheries Management Act 1994 , and

(c) the native vegetation does not comprise an overcleared vegetation type as determined in accordance with the Assessment Methodology, and

(d) the catchment management authority ( "CMA") for the area of operations in which the relevant areas are situated is satisfied that arrangements are in place to ensure that the native vegetation on the managed area set aside by the council in connection with the routine agricultural management activity will be protected in perpetuity.

(3) Before any clearing that is authorised by this clause is carried out, the council must:

(a) provide detailed information to the CMA of:

(i) the alternative areas of land on which the infrastructure works could be constructed, operated or maintained, and

(ii) the proposed managed area (including the means by which it will be protected), and

(b) consult with the CMA as to the following:

(i) the location of the relevant areas,

(ii) the presence of any overcleared vegetation types in the relevant areas,

(iii) the presence of any threatened species, populations or ecological communities (including in relation to fish) in the relevant areas, and

(c) provide to the CMA the Global Positioning System ( "GPS") coordinates, and a statement of the location and size (expressed in hectares), of the relevant areas, and

(d) provide evidence to the CMA that all approvals or licences required under relevant legislation for the construction, operation or maintenance of the infrastructure works have been obtained, and

(e) obtain from the CMA a statement in writing to the effect that the managed area proposed is appropriate and that it is satisfied as to the arrangements referred to in subclause (2) (d).

(4) The Minister is to make publicly available on the Internet the following information as to the clearing authorised under this clause:

(a) the name of the council involved,

(b) the type of infrastructure works involved,

(c) the Global Positioning System ( "GPS") coordinates, and a statement of the location and size (expressed in hectares), of the relevant areas,

(d) the means by which the relevant managed area set aside by the council is to be protected.

(5) Subclauses (2) (b) and (c) and (3) (a) (i) and (b) do not apply if:

(a) the area of land on which the infrastructure works are to be constructed, operated or maintained was owned by the council on or before 31 August 2006, and

(b) that area was identified, on or before 31 August 2006, by the council as the area of land on which the infrastructure works are to be constructed, operated or maintained, and

(c) the council provides evidence to the CMA of any such ownership and identification.

(6) In this clause, the "relevant areas" means:

(a) the area of land on which the infrastructure works are to be constructed, operated or maintained, and

(b) the area of land that is to be cleared, and

(c) the area of land comprising the managed area.