A tree and bushland preservation order made by a council under an environmental planning instrument may be read down under s 32 of the Interpretation Act 1987 (NSW) and common law severance principles to operate only within the geographical limits of the council's power, even where the order on its face purports to apply more broadly. The partial repeal of the enabling planning instrument does not impliedly repeal the preservation order where it can be read down to apply to the remaining land.
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