New South Wales Consolidated Regulations

NATIVE VEGETATION REGULATION 2005 - REG 40A

40A Exemption of clearing authorised under existing authorities (State protected land)

(1) Any clearing of native vegetation authorised under an existing authority is taken to be clearing that is exempt from any requirement under section 12 of the new Act that the clearing be in accordance with a development consent or a PVP.

(2) If the existing authority concerned has a specified expiry date, this clause ceases to have effect in relation to the exempt clearing:

(a) on that expiry date, or

(b) if the existing authority otherwise ceases to be in force, or

(c) if the land on which the clearing is authorised becomes land to which a PVP applies,

whichever first occurs.

(3) If the existing authority concerned does not have a specified expiry date, this clause ceases to have effect in relation to the exempt clearing:

(a) if the existing authority ceases to be in force, or

(b) if the land on which the clearing is authorised becomes land to which a PVP applies, or

(c) on 1 October 2008,

whichever first occurs.

(4) In this clause:
"existing authority" means an authority issued under section 21D of the Soil Conservation Act 1938 and in force immediately before 1 January 1998.