NATIVE VEGETATION ACT 2003 - As at 25 August 2017 - Act 103 of 2003

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Name of Act
• 2 Commencement
• 3 Objects of Act
• 4 Definitions
• 5 Land excluded from operation of Act

PART 2 - KEY CONCEPTS

• 6 Meaning of native vegetation
• 7 Meaning of clearing native vegetation
• 8 Meaning of broadscale clearing
• 9 Meanings of remnant native vegetation and regrowth
• 10 Meaning of protected regrowth
• 11 Meaning of routine agricultural management activities

PART 3 - CLEARING NATIVE VEGETATION

Division 1 - Control of clearing

• 12 Clearing requiring approval
• 13 Minister is consent authority for clearing
• 14 Granting of development consent
• 15 Regulations
• 16 Relationship to Part 5 of EPA Act
• 17 Clearing not affected by subsequent environmental planning instruments

Division 2 - Permitted clearing

• 18 Application
• 19 Clearing of non-protected regrowth permitted
• 20 Clearing of certain groundcover permitted

Division 3 - Permitted activities

• 21 Application
• 22 Routine agriculture management activities
• 23 Continuation of existing farming activities
• 24 Sustainable grazing

Division 4 - Excluded clearing

• 25 Legislative exclusions

PART 4 - PROPERTY VEGETATION PLANS

• 26 Landholders may submit plans
• 27 Plans require Ministerial approval
• 28 Content of plans
• 29 Plans proposing broadscale clearing
• 30 Duration of plans
• 31 Registered plan to run with land
• 32 Regulations

PART 5 - ENFORCEMENT

Division 1 - Preliminary

• 33 Application of Part
• 34 Appointment of authorised officers

Division 2 - Investigation

• 35 Powers of entry and inspection

Division 3 - Director-General's powers

• 36 Power to obtain information
• 37 Director-General may make "stop work" order
• 38 Directions for remedial work
• 39 Appeals under this Division
• 40 Prior notification not required

Division 4 - Civil and criminal proceedings

• 41 Restraint of contraventions of this Act
• 42 Proceedings for offences
• 43 Penalty notices
• 44 Evidentiary provision
• 45 Liability of directors etc for offences by corporation--offences attracting executive liability
• 45A Liability of directors etc for offences by corporation--accessory to the commission of the offences

PART 6 - MISCELLANEOUS PROVISIONS

• 46 Regulation of collection of timber for commercial firewood
• 47 Act binds Crown
• 48 Delegation of functions
• 49 Service of notices
• 50 Evidence
• 51 Regulations
• 52 Repeals
53. (Repealed)
• 54 Savings, transitional and other provisions
• 55 Review of Act
• SCHEDULE 1
Schedule 2 (Repealed)
• SCHEDULE 3