ENVIRONMENTAL PROTECTION ACT 1986 - SCHEDULE 5
ENVIRONMENTAL PROTECTION ACT 1986 - SCHEDULE 5
[s. 51A]
[Heading inserted: No. 54 of 2003 s. 116.]
Native vegetation
should not be cleared if —
(a) it
comprises a high level of biodiversity; or
(b) it
comprises the whole or a part of, or is necessary for the maintenance of, a
significant habitat for fauna; or
(c) it
includes, or is necessary for the continued existence of, threatened flora; or
(d) it
comprises the whole or a part of, or is necessary for the maintenance of, a
threatened ecological community; or
(e) it
is significant as a remnant of native vegetation in an area that has been
extensively cleared; or
(f) it
is growing in, or in association with, an environment associated with a
watercourse or wetland; or
(g) the
clearing of the vegetation is likely to cause appreciable land degradation; or
(h) the
clearing of the vegetation is likely to have an impact on the environmental
values of any adjacent or nearby conservation area; or
(i)
the clearing of the vegetation is likely to cause
deterioration in the quality of surface or underground water; or
(j) the
clearing of the vegetation is likely to cause, or exacerbate, the incidence or
intensity of flooding.
[Clause 1 inserted:
No. 54 of 2003 s. 116; amended: No. 24 of 2016 s. 314(2).]
In this Schedule
—
biodiversity has the meaning given in the
Biodiversity Conservation Act 2016 section 5(1);
conservation area means a conservation park,
national park, nature reserve, marine nature reserve, marine park or marine
management area within the meaning of the
Conservation and Land Management Act 1984 or any other land or waters
reserved, protected or managed for the purpose of, or purposes including,
nature conservation;
fauna has the meaning given in the Biodiversity
Conservation Act 2016 section 5(1);
threatened ecological community means —
(a) a
threatened ecological community as defined in the Biodiversity Conservation
Act 2016 section 5(1); or
(b) any
other ecological community listed, designated or declared as threatened,
endangered or vulnerable under or for the purposes of a written law; or
(c) a
listed threatened ecological community as defined in the Commonwealth
Environment Act section 528;
threatened flora has the meaning given in the
Biodiversity Conservation Act 2016 section 5(1);
watercourse has the same meaning as it has in the
Rights in Water and Irrigation Act 1914 ;
wetland means an area of seasonally,
intermittently or permanently waterlogged or inundated land, whether natural
or otherwise, and includes a lake, swamp, marsh, spring, dampland, tidal flat
or estuary.
[Clause 2 inserted: No. 54 of 2003 s. 116;
amended: No. 24 of 2016 s. 314(3) and (4); No. 40 of 2020 s. 109.]