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Contents (2003 - 103)
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Native Vegetation Act 2003 No 103
Current version for 1 January 2014 to date (accessed 25 April 2017 at 16:30)
Part 3 Division 4
Division 4 Excluded clearing
25   Legislative exclusions
This Act does not apply to the following types of clearing of native vegetation:
(a)  any clearing authorised under the State Emergency and Rescue Management Act 1989 in relation to an emergency within the meaning of that Act,
(b)  any clearing authorised under the Rural Fires Act 1997 in relation to any emergency fire fighting act within the meaning of that Act,
(c)  any clearing carried out in accordance with a bush fire management plan under the Rural Fires Act 1997,
(d)  any clearing carried out in accordance with a property management plan approved by the Director-General of the Department of Environment and Conservation for the purposes of the Threatened Species Conservation Act 1995,
(e)  any clearing authorised under a licence issued under Division 1 of Part 6 of the Threatened Species Conservation Act 1995,
(f)  any clearing that is, or that is part of, designated development within the meaning of the EPA Act and for which development consent has been granted under that Act,
(g)  any clearing that is, or is part of, an activity carried out by a determining authority within the meaning of Part 5 of the EPA Act if the determining authority has complied with that Part,
(h)  any clearing that is, or is part of, an activity carried out in accordance with an approval of a determining authority within the meaning of Part 5 of the EPA Act if the determining authority has complied with that Part,
(i)  any clearing authorised to be carried out under Division 3 or 4 of Part 7 of the Fisheries Management Act 1994,
(j)  any clearing authorised under a licence issued under Division 6 of Part 7A of the Fisheries Management Act 1994,
(k)  any clearing carried out in accordance with a licence issued under section 131 of the National Parks and Wildlife Act 1974,
(l)  any clearing authorised under the Mining Act 1992,
(m)  any clearing authorised under the Petroleum (Onshore) Act 1991,
(n)  any clearing that consists of plantation operations within the meaning of the Plantations and Reafforestation Act 1999 on an authorised plantation in accordance with any conditions of the authorisation and with the Plantations and Reafforestation Code under that Act,
(o)  any clearing that involves the removal or lopping of any tree or other vegetation in accordance with section 88 of the Roads Act 1993,
(p)  any clearing carried out in accordance with a consent under Division 3 of Part 9 of the Roads Act 1993,
(q)  any clearing carried out in accordance with a permit under Part 3A of the Rivers and Foreshores Improvement Act 1948,
(r)  any clearing for the purpose of a survey under the Surveying and Spatial Information Act 2002 that is undertaken by or under the direction of a surveyor,
(s)  any clearing carried out in accordance with a licence, permit, authority or approval under the Water Act 1912 or the Water Management Act 2000,
(t)  any clearing carried out in accordance with an order under the Trees (Disputes Between Neighbours) Act 2006.