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Contents (2003 - 103)
Native Vegetation Act 2003 No 103
Repealed version for 1 July 2017 to 24 August 2017 (accessed 19 November 2017 at 18:03)
Part 2
Part 2 Key concepts
6   Meaning of native vegetation
(1)  For the purposes of this Act, native vegetation means any of the following types of indigenous vegetation:
(a)  trees (including any sapling or shrub, or any scrub),
(b)  understorey plants,
(c)  groundcover (being any type of herbaceous vegetation),
(d)  plants occurring in a wetland.
(2)  Vegetation is indigenous if it is of a species of vegetation, or if it comprises species of vegetation, that existed in the State before European settlement.
(3)  For the purposes of this Act, native vegetation does not include any mangroves, seagrasses or any other type of marine vegetation to which section 205 of the Fisheries Management Act 1994 applies.
7   Meaning of clearing native vegetation
For the purposes of this Act, clearing native vegetation means any one or more of the following:
(a)  cutting down, felling, thinning, logging or removing native vegetation,
(b)  killing, destroying, poisoning, ringbarking, uprooting or burning native vegetation.
Note.
 See Division 3 of Part 3 for the exclusion of routine agricultural management and other farming activities from constituting the clearing of native vegetation if the landholder can establish that any clearing was carried out for the purpose of those activities.
8   Meaning of broadscale clearing
For the purposes of this Act, broadscale clearing of native vegetation means the clearing of any remnant native vegetation or protected regrowth.
Note.
 See sections 14 (3) and 29 and the provisions of sections 18–25.
9   Meanings of remnant native vegetation and regrowth
(1)  For the purposes of this Act, remnant native vegetation means any native vegetation other than regrowth.
(2)  For the purposes of this Act, regrowth means any native vegetation that has regrown since the earlier of the following dates:
(a)  1 January 1983 in the case of land in the Western Division and 1 January 1990 in the case of other land,
(b)  the date specified in a property vegetation plan for the purposes of this definition (in exceptional circumstances being a date based on existing rotational farming practices).
(3)  In subsection (2) (b), existing rotational farming practices means rotational farming practices:
(a)  that are reasonable and in accordance with accepted farming practice, and
(b)  that have been in place since the date specified in the plan.
(4)  Regrowth does not include any native vegetation that has regrown following unlawful clearing of remnant native vegetation or following clearing of remnant native vegetation caused by bushfire, flood, drought or other natural cause.
10   Meaning of protected regrowth
(1)  For the purposes of this Act, protected regrowth means any native vegetation that is regrowth and that is identified as protected regrowth for the purposes of this Act in:
(a)  a property vegetation plan, or
(b)  an environmental planning instrument, or
(c)  a natural resource management plan of a kind prescribed by the regulations, or
(d)  an interim protection order under this section.
(2)  For the purposes of this Act, protected regrowth also includes any native vegetation that is regrowth and that has been grown or preserved (whether before or after the commencement of this Act) with the assistance of public funds granted for biodiversity conservation purposes.
(3)  Before native vegetation is identified as protected regrowth in an instrument referred to in subsection (1) (a)–(c), the person or body making or approving the instrument must be satisfied that, based on available scientific evidence, the preservation of the vegetation is consistent with State priorities for local land services within the meaning of the Local Land Services Act 2013.
(4)  Before native vegetation is identified as protected regrowth in a property vegetation plan, the Minister is to have regard to the social and economic implications of the preservation of the vegetation.
(5)  The Minister may make and publish an interim protection order for the purpose of protecting regrowth from being cleared pending an assessment of whether it should be identified as protected regrowth.
(6)  The regulations may make provision for or with respect to the making, duration and revocation of, and other matters relating to, interim protection orders under this section.
(7)  The landholder of any land affected by an interim protection order under this section may appeal to the Land and Environment Court against the making of the order.
11   Meaning of routine agricultural management activities
(1)  For the purposes of this Act, routine agricultural management activities mean any of the following activities on land carried out by or on behalf of the landholder:
(a)  the construction, operation and maintenance of rural infrastructure:
(i)  including (subject to the regulations) dams, permanent fences, buildings, windmills, bores, air strips (in the Western Division), stockyards, and farm roads, but
(ii)  not including rural infrastructure in areas zoned as rural-residential under environmental planning instruments or on small holdings (as defined in the regulations),
(b)  anything done to prevent, eliminate, minimise or manage a biosecurity risk posed or likely to be posed by a pest (within the meaning of the Biosecurity Act 2015) and which is authorised or required by any of the following:
(i)  the mandatory measures under that Act,
(ii)  an emergency order under that Act,
(iii)  a control order under that Act,
(iv)  a biosecurity zone regulation under that Act,
(v)  a biosecurity direction under that Act,
(c)    (Repealed)
(d)  the collection of firewood (except for commercial purposes),
(e)  the harvesting or other clearing of native vegetation planted for commercial purposes,
(f)  the lopping of native vegetation for stock fodder (including uprooting mulga in the Western Division in areas officially declared to be drought affected),
(g)  traditional Aboriginal cultural activities (except commercial activities),
(h)  the maintenance of public utilities (such as those associated with the transmission of electricity, the supply of water, the supply of gas and electronic communication),
(i)  any activity reasonably considered necessary to remove or reduce an imminent risk of serious personal injury or damage to property.
(2)  The regulations may make provision for or with respect to extending, limiting or varying the activities that are routine agricultural management activities, and subsection (1) is to be construed accordingly.