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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Repealed version for 1 July 2017 to 24 August 2017 (accessed 19 November 2017 at 23:01)
Part 6
Part 6 Miscellaneous provisions
46   Regulation of collection of timber for commercial firewood
(1)  In this section, dead wood means any dead tree or part of a dead tree, whether or not:
(a)  it is standing, or
(b)  it is of an indigenous species.
(2)  The regulations may regulate or prohibit the clearing or the removal of dead wood from any land, by the landholder or any other person, if it is done for the purposes of commercial firewood collection.
(3)  This section is not limited by the objects set out in section 3.
47   Act binds Crown
This Act binds the Crown in right of New South Wales and, in so far as the legislative power of the Parliament of New South Wales permits, the Crown in all its other capacities.
48   Delegation of functions
(1)  The Director-General may delegate to an authorised body or person any of the Director-General’s functions under this Act other than this power of delegation.
(2)  The Minister may delegate to an authorised body or person:
(a)  any of the Minister’s functions under this Act (other than this power of delegation), and
(b)  any of the Minister’s functions under the EPA Act as consent authority in relation to a development application for consent to clear native vegetation.
(3)  In this section, authorised body or person means:
(a)  Local Land Services or any other government agency, or
(b)  any statutory officer or member of staff of a government agency.
49   Service of notices
Any notice under this Act or the regulations that is required to be served or given to a person may be served or given:
(a)  by delivering it personally to the person to whom it is addressed, or
(b)  by delivering it to the place of residence or business of the person to whom it is addressed and by leaving it there for the person with some other person, or
(c)  by posting it to the person to whom it is addressed to the person’s place of residence or business last known to the person sending the notice.
50   Evidence
A certificate signed by the Director-General certifying any one or more of the following:
(a)  that a written notice, order or direction purporting to be given under this Act, and a copy of which is set out or annexed to the certificate, was given on a day specified in the certificate,
(b)  that a person was, at a time or during a period specified in the certificate, a landholder,
(c)  that a person was, at a time or during a period specified in the certificate, an authorised officer,
(d)  that any instrument made under this Act was, at a time or during a period specified in the certificate, in force,
is admissible in any proceedings under this Act and is prima facie evidence of the matters so specified.
51   Regulations
(1)  The Governor may make regulations, not inconsistent with this Act, for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or convenient to be prescribed for carrying out or giving effect to this Act.
(2)  The regulations may create an offence punishable by a penalty not exceeding 100 penalty units.
52   Repeals
(1)  The Native Vegetation Conservation Act 1997 and any regulation or regional vegetation management plan under that Act are repealed.
(2)  Different days may be appointed for the commencement of this section for the purposes of repealing different provisions of the Act or a regulation or plan on different days.
53   (Repealed)
54   Savings, transitional and other provisions
Schedule 3 has effect.
55   Review of Act
(1)  The Minister is to review this Act to determine whether the policy objectives of the Act remain valid and whether the terms of the Act remain appropriate for securing those objectives.
(2)  The review is to be undertaken as soon as possible after the period of 5 years from the date of assent to this Act.
(3)  A report on the outcome of the review is to be tabled in each House of Parliament within 12 months after the end of the period of 5 years.