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Contents (2003 - 103)
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Native Vegetation Act 2003 No 103
Current version for 1 July 2017 to date (accessed 24 August 2017 at 07:29)
Part 1
Part 1 Preliminary
1   Name of Act
This Act is the Native Vegetation Act 2003.
2   Commencement
This Act commences on a day or days to be appointed by proclamation.
3   Objects of Act
The objects of this Act are:
(a)  to provide for, encourage and promote the management of native vegetation on a regional basis in the social, economic and environmental interests of the State, and
(b)  to prevent broadscale clearing unless it improves or maintains environmental outcomes, and
(c)  to protect native vegetation of high conservation value having regard to its contribution to such matters as water quality, biodiversity, or the prevention of salinity or land degradation, and
(d)  to improve the condition of existing native vegetation, particularly where it has high conservation value, and
(e)  to encourage the revegetation of land, and the rehabilitation of land, with appropriate native vegetation,
in accordance with the principles of ecologically sustainable development.
4   Definitions
(1)  In this Act:
authorised officer means a person appointed under section 34.
broadscale clearing—see section 8.
clearing native vegetation—see section 7.
development consent means development consent under Part 4 of the EPA Act.
Director-General means the Director-General of the Department of Environment and Climate Change.
environmental planning instrument has the same meaning as in the EPA Act.
exercise a function includes perform a duty.
function includes a power, authority or duty.
government agency means any public or local authority, and includes:
(a)  a government department, State owned corporation and council of a local government area, and
(b)  the head of a government agency.
groundcover means any type of herbaceous vegetation.
landholder means a person who owns land or who, whether by reason of ownership or otherwise, is in lawful occupation or possession, or has lawful management or control, of land.
native vegetation—see section 6.
property vegetation plan means a property vegetation plan that has been approved under Part 4.
protected regrowth—see section 10.
regrowth—see section 9.
remnant native vegetation—see section 9.
routine agricultural management activities—see section 11.
wetland includes any shallow body of water (such as a marsh, billabong, swamp or sedgeland) that is:
(a)  inundated cyclically, intermittently or permanently with water, and
(b)  vegetated with wetland plant communities.
(2)  Notes in the text of this Act do not form part of this Act.
5   Land excluded from operation of Act
(1)  This Act does not apply to the following land:
(a)  the land described or referred to in Part 1 of Schedule 1 (National park estate and other conservation areas),
(b)  the land described or referred to in Part 2 of Schedule 1 (State forestry land),
(c)  the land described or referred to in Part 3 of Schedule 1 (Urban areas),
(d)  biodiversity certified land (within the meaning of Part 7AA of the Threatened Species Conservation Act 1995).
(2)  The regulations may amend Schedule 1.
(3)  A regulation amending Schedule 1 to extend the area of land described or referred to in that Schedule is not to be made unless the Minister certifies to the Governor that adequate provision has been made in environmental planning instruments or other statutory instruments applying to that additional area for the conservation and management of native vegetation.
Note.
 If land is excluded from the operation of this Act, the land will continue to be subject to any local environmental plan that applies to the land.