NATIVE VEGETATION ACT 1991 - SECT 28
NATIVE VEGETATION ACT 1991 - SECT 28
(1) Subject to
subsection (2), the owner of land on which native vegetation is growing
or is situated, or a person acting on his or her behalf, (but no other person)
may apply for consent to clear the vegetation.
(2) Where the land is
held from the Crown under a miscellaneous lease, an application for consent to
clear vegetation can only be made by the Minister for Environment and
Conservation.
(3) An application for
consent—
(a) must
be in a form approved by the Council;
(A) if an environmental benefit required
under this Act is to be satisfied by the application of a credit under
section 25A—
• if the credit
has been assigned in accordance with section 25B—a management
agreement prepared under section 25D; and
• in any
case—
• information
that establishes that the applicant has been credited, in accordance with
section 25A or 25B, with having achieved an environmental benefit
of a particular value; and
• information
that establishes that the environmental benefit the subject of the credit
amounts, after allowing for the loss of the vegetation to be cleared, to a
significant environmental benefit; or
(B) if an environmental benefit required
under this Act has been, or is to be, achieved by an accredited third party
provider in accordance with section 25C—
• a management
agreement prepared under section 25D; and
• information
that establishes that the environmental benefit achieved, or to be achieved,
by the accredited third party provider will, after allowing for the loss of
the vegetation to be cleared, result in a significant environmental benefit;
or
(C) if an environmental benefit required
under this Act is to be achieved in any other way—
• a
native vegetation management plan prepared by the applicant in accordance with
guidelines adopted by the Council under Part 4; and
• information
that establishes that subsequent establishment, regeneration or maintenance of
native vegetation (whether on the land after the proposed clearance or on
other land) in accordance with the native vegetation management plan will,
after allowing for the loss of the vegetation to be cleared, result in a
significant environmental benefit; or
(D) information that establishes that it is
not possible for the applicant to achieve a significant environmental benefit
in the manner contemplated by subsubparagraph (C); and
(A) the prescribed number of copies of a
report relating to the proposed clearance prepared in a form approved by
the Council; and
(B) such other information as the Council
reasonably requires; and
(C) the prescribed fee (including the fee
prescribed for the report referred to in subsubparagraph (A)).
(4) Where an applicant
provides information referred to in subsection (3)(b)(i)(D), he or she
may propose that he or she make a payment into the Fund to compensate for the
fact that there will not be a significant environmental benefit associated
with the proposed clearance.
(5) The report
referred to in subsection (3)(b)(ii)(A) must be prepared by the agency or
instrumentality of the Crown or other person or body specified by the
regulations.
(6) On receipt of the
fee prescribed for the report referred to in subsection (3)(b)(ii)(A),
the Council (or a local council or other body or person acting under
delegation from the Council) must pay the amount of the fee to the Minister
who must apply the amount received towards the cost of administering this Act.
(7) The Council must
ensure that a copy of the report referred to in subsection (3)(b)(ii)(A),
and of any Assessment Report prepared by the Minister's department in response
to the making of an application under this section, is available for
inspection, without fee, during ordinary office hours at the principal office
of the Council, and is also available in any other manner, or at any other
place, determined by the Minister.