New South Wales Consolidated Regulations

NATIVE VEGETATION REGULATION 2005 - REG 41

41 Existing private native forestry-clearing under SEPP 46 exemptions

(1) If the clearing of native vegetation for a purpose described in paragraph (i) of Schedule 3 to SEPP 46 was being carried out on land immediately before 1 August 2007, the clearing continues to be clearing that the new Act does not apply to, but only until:

(a) 1 November 2007 in the case of land in northern NSW (unless it is land referred to in paragraph (c) or (d)), or

(b) 1 December 2007 in the case of land in southern NSW (unless it is land referred to in paragraph (c) or (d)), or

(c) 1 January 2008 in the case of land comprising a river red gum forest, or

(d) 1 February 2008 in the case of land comprising a cypress forest or a western hardwood forest,

and only if the landholder notifies the Director-General, on or before 31 August 2007 in the manner approved by the Director-General, that the clearing is being carried out.

(2) In this clause:
"cypress forest" means a forest dominated by white cypress pine (Callitris glaucophylla), being a forest in which at least 80% of the stand basal area comprises trees of that species.
"northern NSW" means the part of the State north of the Sydney Latitude.
"river red gum forest" means a forest dominated by Eucalyptus camaldulensis, being a forest that is consistent with the description of Forest Type 199 (River Red Gum) set out in the document called State Forests of NSW Research Note 17 .
"SEPP 46" means State Environmental Planning Policy No 46-Protection and Management of Native Vegetation as in force immediately before its repeal by the former Act.
"southern NSW" means the part of the State south of the Sydney Latitude.
"Sydney Latitude" means Latitude 33° 52′ 02.71″S.
"western hardwood forest" means a forest that is consistent with the description of any of the Forest Types 99, 103, 104, 124, 171-178, 180-185, 203-210 and 213 set out in the document called State Forests of NSW Research Note 17 .

(3) For the purposes of the definition of "cypress forest" in subclause (2):
"basal area" means the cross-sectional area of a tree measured at 1.3 metres above the ground and over bark.
"stand" means an aggregation of trees sufficiently uniform in composition and condition within one (but not more than one) broad forest type, or defined by natural or artificial boundaries, to be regarded as a unit for silvicultural or management purposes.
"stand basal area" means the sum of the basal areas of all trees within a stand that have a diameter of more than 10 centimetres measured at 1.3 metres above the ground and over bark.