Contents (1997 - 133)
Native Vegetation Conservation Act 1997 No 133
Status information

Long title

Part 1 Preliminary

1 Name of Act
2 Commencement
3 Objects of Act
4 Definitions and notes
5 Definition of “clearing”
6 Definition of “native vegetation”
7 State protected land
8 Designation of regions
9 Land excluded from operation of Act
10 Certain other land excluded from operation of Act: Schedules 1 and 2
11 Amendment of Schedules 1 and 2
12 Clearing excluded from operation of Act

Part 2 Clearing native vegetation and clearing protected land

Introductory note

Division 1 General provisions

13 Definition
14 Consent authority for clearing
15 Granting of development consent
16 Relationship with Part 5 of EPA Act
17 Offence of contravening this Part

Division 2 Land subject to regional vegetation management plan

18 Clearing native vegetation on land subject to plan
19 Clearing regional protected land
20 Clearing not affected by other instruments or Acts

Division 3 Land not subject to regional vegetation management plan

21 Clearing native vegetation on land not subject to plan
22 Clearing State protected land
23 Clearing not affected by other instruments or Acts

Part 3 Regional vegetation management plans

Introductory note
24 Preparation of plan
25 Contents of plan
26 Consultation with Director-General of National Parks and Wildlife
27 Matters to be dealt with in plan
28 Notification and consultation
29 Public exhibition of draft plan
30 Submissions
31 Submission of draft plan and report to Minister
32 Consultation with Minister for the Environment and Advisory Council
33 Making of plan
34 Commencement and duration of plan
35 Amendment and repeal of plan
36 Status of regional vegetation management plan

Part 4 Native vegetation codes of practice

Introductory note
37 Preparation of draft code
38 Contents of code
39 Adoption and amendment of code by regulation

Part 5 Property agreements

Introductory note
39A Definition
40 Making of property agreement
41 Nature of property agreement
42 Contents of property agreements
43 Duration and variation of property agreement
44 Registered property agreement to run with land
45 Enforcement of property agreement

Part 6 Other conservation and remedial measures

46 Director-General may make “stop work” order
47 Directions for remedial work
48 Appeals under this Part
49 Prior notification not required
50 Power to obtain information

Part 7 Administrative provisions

Division 1 Regional Vegetation Committees

51 Establishment of Regional Vegetation Committee
52 Functions of Regional Vegetation Committee
53 Dissolution of Regional Vegetation Committee

Division 2 Native Vegetation Advisory Council

54 Establishment of Advisory Council
55 Functions of Advisory Council

Division 3 Native Vegetation Management Fund

56 Establishment of Fund
57 Investment of money in Fund

Part 8 Miscellaneous provisions

58 Act binds Crown
59 Appointment of authorised officers
60 Delegation of functions
61 Powers of entry and inspection
62 Service of notices
63 Restraint of breaches of this Act
64 Proceedings for offences
65 Offences by corporations
66 Evidence
67 Regulations
68 Savings and transitional provisions
69 (Repealed)
70 Repeal of SEPP 46
71 Review of Act

 Schedule 1 Local government areas partially excluded from Act

 Schedule 2 Local government areas totally excluded from Act

 Schedule 3 Members and procedure of Regional Vegetation Committees and Advisory Council

 Schedule 4 Savings and transitional provisions

 Schedule 5 (Repealed)

Historical notes