New South Wales Consolidated Regulations

NATIVE VEGETATION REGULATION 2005 - REG 23B

23B Restrictions on RAMAs-land to which a private native forestry PVP applies (critical environmental areas only)

(1) This clause applies only in respect of land within a critical environmental area.

(2) Despite any other provision of the Act or this Regulation, obtaining timber for use in the construction of rural infrastructure does not comprise a routine agricultural management activity on land to which a private native forestry PVP applies.

(3) Without limiting subclause (2) but subject to subclauses (1) and (4), the activities that comprise a routine agricultural management activity under section 11 (1) (a) of the Act are limited, in the case of land to which a private native forestry PVP applies, to the operation or maintenance of the following types of rural infrastructure only, and are further limited so as to permit clearing only within the distances or areas specified:

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

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

(c) roads and track-in accordance with the PNF code of practice,

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

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

(f) pumps-3 metres from outer edge of structure,

(g) tanks-3 metres from outer edge of structure,

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

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

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

(k) stockyard-20 metres from outer edge of structure.

(4) The Director-General may, by order in writing, on application by the landholder, authorise the clearing of land for the construction of the types of rural infrastructure specified in subclause (3), within the areas or distances specified in subclause (3), but only if the Director-General is satisfied that:

(a) the proposed clearing is minor, and

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

(c) the clearing is necessary in the circumstances.

(5) The Director-General is to make details of any order issued under subclause (4) publicly available on a register kept by the Director-General for the purpose and is to include in the register a statement of the reasons for the authorisation or increase concerned.

(6) 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.

(7) In this clause, "critical environmental area" has the same meaning as it has in clause 29C (5).