Contents (2003 - 103)
Native Vegetation Act 2003 No 103
Schedule 1 Land excluded from operation of Act
Part 1 National park estate and other conservation areas
Land that is reserved under the National Parks and Wildlife Act 1974.
Land that is acquired under section 145 of the National Parks and Wildlife Act 1974 for the purpose of obtaining land for reservation under that Act or for the purpose of preserving, protecting and preventing damage to Aboriginal objects or Aboriginal places.
Land that is subject to an interim protection order made under Part 6A of the National Parks and Wildlife Act 1974.
Land to which an interim heritage order or listing on the State Heritage Register under the Heritage Act 1977 applies.
Lord Howe Island.
Part 2 State forestry land
Land that is a State forest, flora reserve or timber reserve under the Forestry Act 2012.
Land that is acquired under Division 4 of Part 3 of the Forestry Act 2012 for the purposes of a State forest (not being any such land that is acquired for the purpose of a timber plantation).
Part 3 Urban areas
The following local government areas:
Ashfield, Auburn, Bankstown, Blacktown, Botany Bay, Burwood, Camden, Campbelltown, Canterbury, Concord, Drummoyne, Fairfield, Hawkesbury, Holroyd, Hornsby, Hunters Hill, Hurstville, Kogarah, Ku-ring-gai, Lane Cove, Leichhardt, Liverpool, Manly, Marrickville, Mosman, Newcastle, North Sydney, Parramatta, Penrith, Pittwater, Randwick, Rockdale, Ryde, South Sydney, Strathfield, Sutherland Shire, Sydney City, The Hills Shire, Warringah, Waverley, Willoughby, Woollahra.
Land within the following zones (not being land to which a property vegetation plan applies):
(a) in the case of land to which an environmental planning instrument made pursuant to section 33A of the Environmental Planning and Assessment Act 1979 applies—Zone RU5 Village, Zone R1 General Residential, Zone R2 Low Density Residential, Zone R3 Medium Density Residential, Zone R4 High Density Residential, Zone B1 Neighbourhood Centre, Zone B2 Local Centre, Zone B3 Commercial Core, Zone B4 Mixed Use, Zone B5 Business Development, Zone B6 Enterprise Corridor, Zone B7 Business Park, Zone IN1 General Industrial, Zone IN2 Light Industrial, Zone IN3 Heavy Industrial, Zone IN4 Working Waterfront, Zone SP2 Infrastructure or Zone W3 Working Waterways,
(b) in any other case—a zone designated “residential” (but not “rural-residential”), “village”, “township”, “industrial” or “business” under an environmental planning instrument or, having regard to the purpose of the zone, having the substantial character of a zone so designated.
The Director-General may, for the purposes of resolving any dispute, determine whether a zone not referred to in clause 14 (b) has the substantial character of such a zone.
Land on which development for the purposes of seniors housing, and no other development, is carried out under State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 and for which a site compatibility certificate has been issued under that Policy.