New South Wales Consolidated Regulations

NATIVE VEGETATION REGULATION 2005 - REG 9

9 Content of PVPs

(1) A PVP must (subject to subclause (2) in the case of a continuing use PVP or subclause (2A) in the case of a private native forestry PVP):

(a) contain a description of the land to which the PVP applies, and

(b) specify the period for which the PVP has effect, and

(c) specify the address of, and formal particulars of title to, the land to which the PVP applies, and

(d) include a rectified satellite or aerial photograph (indicating the date the photograph was taken), or (if such a photograph is not available) a topographical map of the largest scale reasonably available, identifying:

(i) any land on which broadscale clearing is proposed by the PVP, and

(ii) any land for which the PVP specifies a date for the purposes of the definition of "regrowth" in the Act, and

(iii) any land on which native vegetation management activities are to be carried out under the PVP, and

(e) specify the nature of the clearing (if any) that is proposed by the PVP and the period within which the clearing may occur, and

Note: Section 30 of the Act provides that 15 years is the maximum period for which provisions of a PVP for the clearing of native vegetation can have effect.

(f) specify, in respect of any riparian buffer provided for by the PVP, the distance of the buffer measured from the banks of the relevant water course, and

(g) include details of any proposals (including management actions or works) provided for by the PVP for which financial incentives have been or are to be provided, and

(h) include details of any offsets that are proposed by the PVP and the period for which or within which they are required to be carried out, and

(i) include details of the extent (if any) to which provisions of the PVP exclude clearing for routine agricultural management or other activities from being permitted clearing, and

(j) include details of any other proposals for the protection and management of native vegetation provided for by the PVP, whether or not financial incentives have been or are to be provided.

(2) A continuing use PVP is not required to include the material referred to in subclause (1) (d) (i), (g), (h), (i) or (j).

(2A) A private native forestry PVP is not required to include the material referred to in subclause (1) (d) (ii), (f) or (h).

(3) In this clause:
"continuing use PVP" means a PVP that provides only for any one or more of the following matters in relation to the land to which the PVP applies:

(a) the identification of native vegetation on the land as regrowth,

(b) identifying routine agricultural management activities that are to be carried out on the land,

(c) identifying practices as existing cultivation, grazing or rotational farming practices (for the purposes of section 23 of the Act),

(d) specifying a date for the purposes of the definition of "regrowth" in section 9 (2) of the Act,

(e) the continuation of existing farming or other rural practices (but not so as to authorise broadscale clearing).