New South Wales Repealed Regulations

This legislation has been repealed.

WESTERN LANDS REGULATION 1997 - REG 29

29 Exemptions from requirement to obtain clearing licence: section 18DB

(1) A lessee under a Western Lands lease or the occupier of any other land is not required to obtain a clearing licence under section 18DB of the Act to do any of the things specified in Schedule 4.

(2) The trustees of a reserve or common, a rural lands protection board or a local government authority (with regard to land of which it has the care, control and management) are not required to obtain a clearing licence to kill or destroy isolated trees on land or to clear areas of 0.5 hectares or less of land if:

(a) the presence of the trees impedes the authorised use of the land, or

(b) the presence of an isolated tree is considered to create a safety hazard.

(3) An exemption from the requirement for a clearing licence does not authorise:

(a) the clearing of trees having economic value, or

(b) clearing in contravention of section 21C of the Soil Conservation Act 1938 , or

(c) clearing in contravention of conditions applying to a Western Lands lease, or

(d) clearing that is contrary to any direction given by the Commissioner, or

(e) clearing of trees on a sandhill, or

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

(4) If land to be cleared without a clearing licence for a purpose mentioned in Schedule 4 (2) (a), (b) or (c) is within one kilometre of other land (held by the same lessee or occupier) cleared for any of those purposes, the lessee or occupier must obtain the prior written approval of the Commissioner to the clearing.

(5) Clearing without a clearing licence for a purpose mentioned in Schedule 4 (2) (a)-(i) (in respect of a sandhill on or bordering riverine floodplains), (2) (j), (4), (7), (8), (10) or (11) may be carried out only if:

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

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

(6) Written notification and written authorisation as specified in subclause (5) are also required if it is intended to clear land of trees for the purpose of rabbit ripping without a clearing licence in the circumstances referred to in Schedule 4 (13), and the trees are:

(a) within 20 metres of the landward side of the bed or bank of a lake, or of an ancient lake, or

(b) within 20 metres of a river which has been prescribed for the purposes of section 21AB of the Soil Conservation Act 1938 (whether perennial or intermittent).

(7) A lessee or occupier who clears land by the use of fire for a purpose mentioned in Schedule 4 (8) or (11) without a clearing licence must ensure that a fire is only lit, or allowed to remain alight, under conditions in which a reasonable person would expect that the fire could not escape from the land.

(8) Despite the exemptions in this clause, the Commissioner may, if the Commissioner considers it appropriate, require a clearing licence to be obtained in accordance with section 18DB of the Act in respect of any clearing to which that section applies.

(9) This clause does not affect any obligations a lessee or occupier may have under the Bush Fires Act 1949 or the Rural Fires Act 1997 or any liability a lessee or occupier may incur because of damage resulting from fire.