New South Wales Consolidated Regulations

WESTERN LANDS REGULATION 2004 - SCHEDULE 4

SCHEDULE 4 – Circumstances in which consent to cultivation is not required

(Clause 28)

1

If the land is held under a Western Lands lease, or under a licence or other tenure, granted or issued for the purpose of agriculture, grazing and agriculture combined or mixed farming, or for any similar purpose.

2

If the cultivation is in connection with rehabilitation works undertaken by or under the direct guidance of the Department.

3

If the cultivation is in connection with rabbit ripping undertaken as part of a planned rabbit control program.

4

If the cultivation is to be carried out on a once only basis to control noxious plants on land that is not:

(a) within 20 metres of the bank of a stream or watercourse, or

(b) on a sand dune or a sandhill, or

(c) within 20 metres of the edge of the carriageway of the constructed portion of a road under the control of the Roads and Traffic Authority or a local government authority.

5

If the cultivation is to be carried out on a once only basis to allow the introduction of native or introduced pasture.

6

If the cultivation is to be carried out on research, experimental or demonstration plots (not exceeding a total area of 10 hectares) that have been established as part of a program conducted by officers of the Department or by officers of the Department of Agriculture, the Commonwealth Scientific and Industrial Research Organisation or any other organisation approved by the Commissioner.

7

If the cultivation is being carried out to provide a firebreak not more than 30 metres wide (or 100 metres where mallee species predominate on adjacent land) and is not within one kilometre of any other land held by the lessee, licensee or occupier which has been cultivated for a firebreak.

8

If the land is not more than 30 metres wide and is being cultivated in direct connection with the formation of a road, the construction of tank drains for water diversion or the maintenance of the perimeters of an airstrip.

9

If the cultivation is to be of an area of 5,000 square metres or less, failure to cultivate would impede the authorised use of the land and the cultivation is being undertaken by or at the direction of a reserve trust, commons trust, rural lands protection board or local government authority with direct responsibility for the care, control and management of the land.