ENVIRONMENTAL PROTECTION ACT 1986 - SECT 51A

ENVIRONMENTAL PROTECTION ACT 1986 - SECT 51A

51A .         Terms used

                In this Division —

        agreement to reserve means an agreement to reserve as referred to in the SLC Act section 30B(2);

        area permit has the meaning given by section 51E(7);

        clearing means —

            (a)         the killing or destruction of; or

            (b)         the removal of; or

            (c)         the severing or ringbarking of trunks or stems of; or

            (d)         the doing of any other substantial damage to,

        some or all of the native vegetation in an area, and includes the draining or flooding of land, the burning of vegetation, the grazing of stock, or any other act or activity, that causes —

            (e)         the killing or destruction of; or

            (f)         the severing of trunks or stems of; or

            (g)         any other substantial damage to,

        some or all of the native vegetation in an area;

        clearing principles means the principles for clearing native vegetation set out in Schedule 5;

        conservation covenant means a conservation covenant as referred to in the SLC Act section 30B(2);

        environmentally sensitive area means an area that is the subject of a declaration that is in force under section 51B;

        native vegetation has the meaning given by section 3(1) but does not include vegetation that was intentionally sown, planted or propagated unless —

            (a)         that vegetation was sown, planted or propagated as required under this Act or another written law; or

            (b)         that vegetation is of a class declared by regulation to be included in this definition;

        occupier of land means a person who is in occupation or control of the land, or who is entitled to be in occupation or control of the land;

        owner of land means —

            (a)         in relation to land alienated from the Crown, the holder (at law or in equity) of an estate in fee simple in the land; and

            (b)         in relation to land that the Crown has lawfully agreed to alienate, the person who is entitled to the benefit of the agreement; and

            (c)         in relation to land held under a lease lawfully granted by the Crown, the lessee; and

            (d)         in relation to any other land, the public authority that has the care, control or management of the land or, if there is no such public authority, the Crown;

        purpose permit has the meaning given by section 51E(8);

        SLC Act means the Soil and Land Conservation Act 1945 ;

        soil conservation notice has the same meaning as it has in the SLC Act Part V.

        [Section 51A inserted: No. 54 of 2003 s. 110(1); amended: No. 40 of 2020 s. 43.]