New South Wales Consolidated Regulations

WEDDIN LOCAL ENVIRONMENTAL PLAN 2002 - REG 29

29 Clearing

(1) In this clause, "clearing" means the removal of trees and other vegetation, but does not include the clearing of regrowth from land previously cleared for agricultural use, or the cutting down of individual trees for farming purposes, such as for fencing or firewood.

(2) Subject to this clause:

(a) land within Zone No 1 (a), 1 (ci), 1 (cii) or 1 (ciii) may be cleared for the purpose of air navigation safety, land survey, fencing or bushfire hazard reduction without development consent, and

(b) clearing for any other purpose may be carried out only with development consent.

(3) Nothing in subclause (2) shall authorise the clearing of land in contravention of any Act or instrument made under an Act concerned with soil erosion, protection of a riverbank or other vegetation or catchment areas or the like.

(4) Subclause (2) does not apply to environmentally sensitive land which requires development consent for clearing (other than clearing for the purpose of bushfire hazard reduction).

(5) In determining a development application for clearing referred to in subclause (4), the consent authority may attach conditions to minimise the risk of land degradation.

(6) Nothing in this plan requires any person to gain development consent for clearing where:

(a) the provisions of the Native Vegetation Conservation Act 1997 , or of any regional vegetation management plan made under that Act, exempt the clearing from requiring consent, or

(b) a development consent authorising the clearing has been issued under the provisions of the Native Vegetation Conservation Act 1997 , or any regional vegetation management plan made under that Act, or

(c) the land is zoned 2 (t) (Township Zone) or 2 (v) (Village Zone), except where the land is identified as core koala habitat or potential koala habitat in accordance with State Environmental Planning Policy No 44-Koala Habitat Protection or subject to a plan of management prepared under that environmental planning instrument.