New South Wales Consolidated Regulations

NATIVE VEGETATION REGULATION 2005 - REG 20

20 Infrastructure buffer distances

Note: This clause is subject to clause 32 in the case of land identified as protected riparian land.

(1) The activities that comprise a routine agricultural management activity under section 11 (1) (a) of the Act in the Western Division, being the construction, operation or maintenance of any of the following rural infrastructure are limited so as to permit clearing only within the distances or areas indicated:

(a) permanent fence-20 metres either side,

(b) access trail, cut line for stock movement, road, telephone line or cable, power line or cable, drain to a water storage, bore drain, pipeline, or irrigation channel-30 metres total width of clearing,

(c) firebreak, except where mallee species predominate-30 metres total width of clearing,

(d) firebreak where mallee species predominate-100 metres total width of clearing,

(e) airstrip-distances and area sufficient to meet civil aviation standards for construction of an airstrip,

(f) house, shearing or machinery shed, ground tank, dam or stock yards, or similar utility-5 hectares.

(2) The activities that comprise a routine agricultural management activity under section 11 (1) (a) (construction, operation and maintenance of rural infrastructure) of the Act in the area of operations of the Southern Rivers, Hawkesbury-Nepean, Hunter-Central Rivers or Northern Rivers Catchment Management Authority, other than in the western coastal region, are limited to the following rural infrastructure only and are further limited so as to permit clearing only within the distances or areas indicated:

(a) permanent boundary fence-6 metres either side,

(b) permanent internal fence-6 metres total width of clearing,

(c) temporary fence-1 metre total width of clearing,

(d) road or track-6 metres total width of clearing,

(e) pipeline-3 metres total width of clearing,

(f) habitable buildings-the asset protection zone identified for the land in a bush fire risk management plan in force under the Rural Fires Act 1997 ,

(g) shearing or machinery shed-20 metres from the outer edge of the structure,

(h) ground tank-15 metres from the outer edge of the structure,

(i) dam-15 metres from the outer edge of the structure,

(j) stockyards-20 metres from the outer edge of the structure,

(k) bore-10 metres from the outer edge of the structure,

(l) pump-3 metres from the outer edge of the structure,

(m) water point-3 metres from the outer edge of the structure,

(n) tank-3 metres from the outer edge of the structure,

(o) windmill-10 metres from the outer edge of the structure.

(3) The following activities that comprise a routine agricultural management activity under section 11 (1) (a) (construction, operation and maintenance of rural infrastructure) of the Act are limited in the area of operations of the Western, Murray, Murrumbidgee, Lachlan, Central West, Namoi or Border Rivers-Gwydir Catchment Management Authority (other than in the Western Division) and in the western coastal region so as to permit clearing only within the distances indicated:

(a) permanent boundary fence-10 metres either side,

(b) permanent internal fence-10 metres total width of clearing,

(c) temporary fence-3 metres total width of clearing,

(d) road or track-6 metres total width of clearing.

Note: Subclauses (1) and (3) only impose distance clearing restrictions on the activities listed and do not limit the kinds of activities that can be carried out under section 11 (1) (a) of the Act in the areas mentioned.

(4) The activities that comprise routine agricultural management activities for the purposes of section 11 of the Act are extended to include the construction, operation and maintenance of rural infrastructure on small holdings (as defined in clause 19) and land in an area zoned as rural-residential under an environmental planning instrument, but limited in the case of the following rural infrastructure so as to permit clearing only within the distances or areas specified:

(a) permanent boundary fence-6 metres either side,

(b) permanent internal fence-3 metres either side,

(c) temporary fence-1 metre total width of clearing,

(d) roads and tracks-4 metres total width of clearing,

(e) windmills and bores-3 metres,

(f) stockyards-3 metres,

(g) habitable buildings-the asset protection zone identified for the land in a bush fire risk management plan in force under the Rural Fires Act 1997 ,

(h) buildings other than habitable buildings-5 metres.

(5) The Minister may, by order in writing, on application by the landholder and after consultation with the Minister for the Environment, increase a distance specified in this clause in its application to the land concerned, but only if the Minister is satisfied that:

(a) the proposed increase is minor, and

(b) the proposed increase is for a legitimate purpose associated with the management of the land concerned, and

(c) the increase is necessary in the circumstances.

(6) The Minister is to make details of any order issued under subclause (5) publicly available on a register kept by the Minister for the purpose and is to include in the register a statement of the reasons for the increase concerned.

(7) The distances and areas provided for by this clause are maximum distances and areas and do not affect the operation of section 22 of the Act which provides that clearing for routine agricultural management activities is not authorised if it exceeds the minimum extent necessary for carrying out the activity.