New South Wales Consolidated Regulations

WENTWORTH LOCAL ENVIRONMENTAL PLAN 1993 - REG 24

24 Clearing on environmentally sensitive land

(1) Except as otherwise provided by this clause, a person must not, without the consent of the Council, clear more than 5 percent of the area of an existing holding, where that 5 percent comprises environmentally sensitive land.

(2) The Council must not consent to a development application required by subclause (1) unless, in the opinion of the Council, the clearing on the land will be carried out in a manner which, in respect of that land and adjacent land, minimises:

(a) the risk of soil erosion, salinity or other land degradation,

(b) the loss of scenic amenity,

(c) the loss of important vegetation systems and natural wildlife habitats.

(3) Subclauses (1) and (2) do not apply to land under the management and control of the Western Lands Commissioner.

(4) The consent of the Council is not required for:

(a) clearing that is reasonably necessary for carrying out development for the purposes of:

(i) a permanent fence,

(ii) an access trail up to 30 metres wide,

(iii) a cut line for stock movement up to 30 metres wide,

(iv) a fire break up to 30 metres wide, or up to 100 metres wide where trees of the mallee species predominate,

(v) a road up to 30 metres wide,

(vi) a telephone, power, gas or water line up to 30 metres wide, or

(vii) a drain to a dam, a bore drain or an irrigation channel up to 30 metres wide,

(b) lopping trees to provide stock feed in times of drought, provided that the method and extent of the lopping ensures the survival and continued health of the trees,

(c) clearing the regrowth of trees which are less than 3 metres in height on any land which:

(i) was lawfully cleared before the appointed day, or

(ii) has been cleared in compliance with this clause,

(d) pruning trees for the purpose of their regeneration or ornamental shaping,

(e) removing trees which are dying or dead, or

(f) burning undergrowth for the purpose of range land management.

(5) Nothing in this clause operates so as to permit:

(a) clearing on any sandhill without the consent of the Council,

(b) clearing in a State forest, timber reserve or flora reserve within the meaning of the Forestry Act 1916 ,

(c) clearing in contravention of section 21C of the Soil Conservation Act 1938 , or

(d) clearing in contravention of section 18DB of the Western Lands Act 1901 .