New South Wales Consolidated Regulations

WESTERN LANDS REGULATION 2004 - REG 28

28 Circumstances in which consent to cultivation is not required: section 18DA

(1) Consent to the cultivation of land is not required to be obtained under section 18DA of the Act in any of the circumstances specified in Schedule 4.

(2) An exemption from the requirement for consent to cultivation does not authorise:

(a) cultivation in contravention of conditions applying to a Western Lands lease under the Act, or

(b) cultivation that is contrary to any direction given by the Commissioner, or

(c) cultivation on a sand dune or sandhill, except in the circumstances referred to in clause 3 of Schedule 4, or

(d) cultivation in a State forest, timber reserve or flora reserve under the Forestry Act 1916 .

(3) Cultivation without consent in the circumstances referred to in clause 4 or 5 of Schedule 4 may be carried out only if:

(a) written notification of the intention to cultivate was given to the nearest office of the Western Division of the Department not less than 2 weeks before the commencement of cultivation, and

(b) a written authorisation (which may be subject to conditions) was obtained from the Commissioner before commencement of the cultivation.

(4) A written notification and written authorisation as specified in subclause (3) are also required if rabbit ripping is to be undertaken without consent in the circumstances referred to in clause 3 of Schedule 4 within 20 metres on the landward side of the bed or bank of a lake, or of an ancient lake.

(5) Cultivation without consent in the circumstances referred to in clause 6 of Schedule 4 may be carried out only if a written authorisation (which may be subject to conditions) was obtained from the Commissioner before commencement of the cultivation.

(6) Despite the exemptions in this clause, the Commissioner may, if the Commissioner considers it appropriate, require an application for consent under section 18DA of the Act in respect of any cultivation to which that section applies.

(7) In subclause (4), "ancient lake" means land that formerly constituted a lake and that is distinguishable from its surrounding land by such features as its soil and vegetation and by a reasonably defined shore.