NATIVE VEGETATION CONSERVATION ACT 1997 - As at 18 November 2005 - Act 133 of 1997

Table of Provisions

• Long Title

PART 1 - PRELIMINARY

• 1 Name of Act
• 2 Commencement
• 3 Objects of Act
• 4 Definitions and notes
• 5 Definition of "clearing"
• 6 Definition of "native vegetation"
• 7 State protected land
• 8 Designation of regions
• 9 Land excluded from operation of Act
• 10 Certain other land excluded from operation of Act: Schedules 1 and 2
• 11 Amendment of Schedules 1 and 2
• 12 Clearing excluded from operation of Act

PART 2 - CLEARING NATIVE VEGETATION AND CLEARING PROTECTED LAND

Division 1 - General provisions

• 13 Definition
• 14 Consent authority for clearing
• 15 Granting of development consent
• 16 Relationship with Part 5 of EPA Act
• 17 Offence of contravening this Part

Division 2 - Land subject to regional vegetation management plan

• 18 Clearing native vegetation on land subject to plan
• 19 Clearing regional protected land
• 20 Clearing not affected by other instruments or Acts

Division 3 - Land not subject to regional vegetation management plan

• 21 Clearing native vegetation on land not subject to plan
• 22 Clearing State protected land
• 23 Clearing not affected by other instruments or Acts

PART 3 - REGIONAL VEGETATION MANAGEMENT PLANS

• 24 Preparation of plan
• 25 Contents of plan
• 26 Consultation with Director-General of National Parks and Wildlife
• 27 Matters to be dealt with in plan
• 28 Notification and consultation
• 29 Public exhibition of draft plan
• 30 Submissions
• 31 Submission of draft plan and report to Minister
• 32 Consultation with Minister for the Environment and Advisory Council
• 33 Making of plan
• 34 Commencement and duration of plan
• 35 Amendment and repeal of plan
• 36 Status of regional vegetation management plan

PART 4 - NATIVE VEGETATION CODES OF PRACTICE

• 37 Preparation of draft code
• 38 Contents of code
• 39 Adoption and amendment of code by regulation

PART 5 - PROPERTY AGREEMENTS

• 39A Definition
• 40 Making of property agreement
• 41 Nature of property agreement
• 42 Contents of property agreements
• 43 Duration and variation of property agreement
• 44 Registered property agreement to run with land
• 45 Enforcement of property agreement

PART 6 - OTHER CONSERVATION AND REMEDIAL MEASURES

• 46 Director-General may make "stop work" order
• 47 Directions for remedial work
• 48 Appeals under this Part
• 49 Prior notification not required
• 50 Power to obtain information

PART 7 - ADMINISTRATIVE PROVISIONS

Division 1 - Regional Vegetation Committees

• 51 Establishment of Regional Vegetation Committee
• 52 Functions of Regional Vegetation Committee
• 53 Dissolution of Regional Vegetation Committee

Division 2 - Native Vegetation Advisory Council

• 54 Establishment of Advisory Council
• 55 Functions of Advisory Council

Division 3 - Native Vegetation Management Fund

• 56 Establishment of Fund
• 57 Investment of money in Fund

PART 8 - MISCELLANEOUS PROVISIONS

• 58 Act binds Crown
• 59 Appointment of authorised officers
• 60 Delegation of functions
• 61 Powers of entry and inspection
• 62 Service of notices
• 63 Restraint of breaches of this Act
• 64 Proceedings for offences
• 65 Offences by corporations
• 66 Evidence
• 67 Regulations
• 68 Savings and transitional provisions
69. (Repealed)
• 70 Repeal of SEPP 46
• 71 Review of Act
• SCHEDULE 1
• SCHEDULE 2
• SCHEDULE 3
• SCHEDULE 4
Schedule 5 (Repealed)