New South Wales Repealed Acts

This legislation has been repealed.

RURAL FIRES AND ENVIRONMENTAL ASSESSMENT LEGISLATION AMENDMENT ACT 2002 - SCHEDULE 5

SCHEDULE 5 – Amendment of other instruments

(Section 5)

5.1 - Environmental Planning and Assessment Regulation 2000

Schedule 4 Planning certificates

Insert after clause 10:

11 Bush fire prone land That land that is bush fire prone land is bush fire prone land.

5.2 - Fisheries Management Act 1994 No 38

[1] Section 220ZF Defences

Omit “the Rural Fires Act 1997 or” from section 220ZF (1) (c).

[2] Section 220ZF (5)

Insert after section 220ZF (4):

(5) This section does not apply in relation to any thing authorised to be done by or under the Rural Fires Act 1997 in relation to any emergency fire fighting act within the meaning of that Act.

[3] Section 220ZU Notification of, and consultation concerning, proposed departures from recovery or threat abatement plan

Omit “the Rural Fires Act 1997 or” from section 220ZU (5).

[4] Section 220ZU (6)

Insert after section 220ZU (5):

(6) This section does not apply in relation to any thing authorised to be done by or under the Rural Fires Act 1997 in relation to any emergency fire fighting act within the meaning of that Act.

5.3 - Land and Environment Court Act 1979 No 204

Section 20 Class 4—environmental planning and protection development contract civil enforcement

Insert after section 20 (1) (cj):

(cja) proceedings under section 100H of the Rural Fires Act 1997 ,

5.4 - Local Government Act 1993 No 30

Section 22 Other functions

Omit “declaration of bush fire danger periods and” from the matter relating to the Rural Fires Act 1997 in the note to the section.

5.5 - Native Vegetation Conservation Act 1997 No 133

[1] Section 5 Definition of “clearing”

Insert after section 5 (4):

(5) For the purposes of this Act, the clearing of land by burning during a bush fire within the meaning of the Rural Fires Act 1997 does not affect any requirement of this Act with respect to any subsequent clearing of the land (whether by burning or otherwise).

[2] Section 12 Clearing excluded from operation of Act

Omit “the Rural Fires Act 1997 , or the State Emergency and Rescue Management Act 1989 ,” from section 12 (a).
Insert instead “the State Emergency and Rescue Management Act 1989 ”.

[3] Section 12 (a)

Omit “the latter”. Insert instead “that”.

[4] Section 12 (a1)

Insert after section 12 (a):

(a1) any clearing authorised under the Rural Fires Act 1997 in relation to any emergency fire fighting act within the meaning of that Act,

5.6 - National Parks and Wildlife Act 1974 No 80

[1] Section 91AA Director-General may make stop work order

Omit “Part 2 of the Rural Fires Act 1997 or” from section 91AA (3).

[2] Section 91AA (3A)

Insert after section 91AA (3):

(3A) This section does not apply in relation to any thing authorised to be done by or under the Rural Fires Act 1997 in relation to any emergency fire fighting act within the meaning of that Act.

[3] Section 118A Harming or picking threatened species, populations or ecological communities

Omit “Part 2 of the Rural Fires Act 1997 ,” from section 118A (3).

[4] Section 118A (3A)

Insert after section 118A (3):

(3A) This section does not apply in relation to any thing authorised to be done by or under the Rural Fires Act 1997 in relation to any emergency fire fighting act within the meaning of that Act.

[5] Section 118D Damage habitat of threatened species, populations or ecological communities

Omit “Part 2 of the Rural Fires Act 1997 ,” from section 118D (2) (c).

[6] Section 118D (2A)

Insert after section 118D (2):

(2A) This section does not apply in relation to any thing authorised to be done by or under the Rural Fires Act 1997 in relation to any emergency fire fighting act within the meaning of that Act.

5.7 - Rural Fires Regulation 1997

Clause 38 Reduction of fire hazards on managed land

Omit clause 38 (e).

5.8 - Threatened Species Conservation Act 1995 No 101

[1] Section 71 Notification of proposed departures from recovery plan

Omit “Part 2 of the Rural Fires Act 1997 or” from section 71 (3).

[2] Section 71 (4)

Insert after section 71 (3):

(4) This section does not apply in relation to any thing authorised to be done by or under the Rural Fires Act 1997 in relation to any emergency fire fighting act within the meaning of that Act.

[3] Section 88 Notification of departures from threat abatement plan

Omit “Part 2 of the Rural Fires Act 1997 or” from section 88 (3).

[4] Section 88 (4)

Insert after section 88 (3):

(4) This section does not apply in relation to any thing authorised to be done by or under the Rural Fires Act 1997 in relation to any emergency fire fighting act within the meaning of that Act.

[5] Section 114 Director General may make stop work order

Omit “Part 2 of the Rural Fires Act 1997 or” from section 114 (3) (b).

[6] Section 114 (3A)

Insert after section 114 (3):

(3A) This section does not apply in relation to any thing authorised to be done by or under the Rural Fires Act 1997 in relation to any emergency fire fighting act within the meaning of that Act.