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Contents (2003 - 103)
Native Vegetation Act 2003 No 103
Repealed version for 1 July 2017 to 24 August 2017 (accessed 21 October 2017 at 19:45)
Part 4
Part 4 Property vegetation plans
26   Landholders may submit plans
(1)  A landholder or group of landholders may submit a draft property vegetation plan to the Director-General for approval by the Minister under this Part.
(2)  A draft plan cannot be submitted for approval without the consent in writing of:
(a)  all landholders of land to which the plan applies, and
(b)  any person who has an interest in the land prescribed by the regulations.
(3)  A draft plan is to comply with any other requirements as to the form and content of the plan that are prescribed by the regulations.
27   Plans require Ministerial approval
(1)  A property vegetation plan has effect only if it is approved by the Minister.
Note.
 Section 48 permits the Minister to delegate this function to Local Land Services or another government agency.
(2)  In determining whether to approve a draft plan, the Minister is to have regard to any relevant provisions of local strategic plans under the Local Land Services Act 2013, and to the matters required by the regulations.
28   Content of plans
A property vegetation plan submitted by a landholder may make provision for native vegetation management on the land to which it applies, including the following:
(a)  proposals for clearing native vegetation on the land,
(b)  the identification of native vegetation on the land as regrowth, as referred to in section 9 (2),
(c)  proposals relating to the thinning of native vegetation in the central area of the State that has regrown between 1 January 1983 and 1 January 1990,
(d)  proposals to enable landholders to obtain financial incentives for the management of natural resources, being proposals relating to the carrying out or funding of native vegetation management activities by Local Land Services or other bodies,
(e)  proposals relating to the continuation of existing farming or other rural practices,
(f)  provisions excluding clearing for routine agricultural management or other activities from being permitted clearing,
(g)  such other provisions as are prescribed by the regulations.
29   Plans proposing broadscale clearing
(1)  This section applies to a property vegetation plan that proposes broadscale clearing of native vegetation.
(2)  The Minister is not to approve such a plan unless the clearing concerned will improve or maintain environmental outcomes.
30   Duration of plans
(1)  A property vegetation plan has effect for such period as is specified in the plan, subject to a maximum period of 15 years in the case of provisions of the plan for the clearing of native vegetation.
(2)  A property vegetation plan:
(a)  may be varied by the landholder with the approval of the Minister, and
(b)  may be terminated in accordance with the regulations by the Minister, by notice to the landholder of the land to which it applies, for the reasons stated in the notice (being reasons relating to a contravention by the landholder of the plan).
(3)  The regulations may make provision for reviews of property vegetation plans after 10 years.
(4)  A property vegetation plan continues to have effect despite any change in the landholders of the land concerned.
31   Registered plan to run with land
(1)  The landholders and other persons having a prescribed interest in land to which a property vegetation plan applies (the parties to the plan) may consent to the registration of the plan in accordance with this section.
(2)  On being notified by the Director-General that a property vegetation plan has been approved by the Minister and the parties to the plan have consented to the registration of the plan, the Registrar-General is required:
(a)  to register the plan in the General Register of Deeds, and
(b)  if appropriate, make an entry:
(i)  in the Register kept under the Real Property Act 1900, or
(ii)  in any official record relating to Crown land,
which relates to the land to which the plan applies.
(3)  A plan that has been registered by the Registrar-General in accordance with this section is binding on, and is enforceable by and against, the successors in title to the parties to the plan. Those successors in title are taken to have notice of the plan.
(4)  A property vegetation plan relating to land under the Real Property Act 1900 about which an entry is made in a folio is an interest recorded in the folio for the purposes of section 42 of that Act.
(5)  A reference in this section to a property vegetation plan includes a reference to any part of the plan or to any variation or termination of the plan.
(6)  In this section:
successors in title includes a mortgagee, chargee, covenant chargee or other person, in possession of land to which a property vegetation plan applies pursuant to a mortgage, charge, positive covenant or other encumbrance entered into before the registration of the plan.
32   Regulations
The regulations may make provision for or with respect to property vegetation plans, including the following:
(a)  clearing principles or other matters to which the Minister must or may have regard in determining whether to approve such a plan,
(b)  the circumstances in which broadscale clearing is to be regarded as improving or maintaining environmental outcomes for the purposes of any such plan,
(c)  the circumstances in which any such plan is not to be approved,
(d)  the form and content of any such plans, including the evidence required to accompany a plan which identifies vegetation as regrowth,
(e)  the keeping of a public register by the Director-General relating to any such plans approved by the Minister under this Act that authorise the clearing of native vegetation or provide financial incentives, and applications for such approvals.