Clearing that is authorised
35 Clearing that is authorised
The clearing of native vegetation for allowable activities under the other Parts of this Schedule does not apply to the clearing of native vegetation—
on category 2-vulnerable regulated land, or
that is excluded by the regulations under section 60S (2) of the Act from the clearing authorised by a land management (native vegetation) code, or
on category 2-regulated land (other than land that is category 2-sensitive regulated land) that contains either of the critically endangered ecological communities referred to in clause 34 (1) (c),
and the clearing authorised by this clause applies instead.
Subclause (1) does not apply to land that is subject to a private native forestry plan other than—
land that is subject to a private native forestry plan and designated as category 2-sensitive regulated land, or
land that is subject to a private native forestry plan and designated as category 2-vulnerable regulated land, or
land that is subject to a private native forestry plan and is required to be designated as category 2-regulated land by section 60I (2) (a) (that is, because the land contains native vegetation that was grown or preserved with the assistance of public funds other than funds for forestry purposes), but only for the period during which any obligations attached to the receipt of funding are ongoing, or
land that is subject to a private native forestry plan and designated as category 2-regulated land (other than land that is designated as category 2-sensitive regulated land) that contains either of the critically endangered ecological communities referred to in clause 34 (1) (c).
Imminent risk Clearing of native vegetation that is reasonably necessary to remove or reduce an imminent risk of serious personal injury or damage to property.
Environmental protection works Clearing native vegetation for the purpose of environmental protection works, except on land that is subject to a private native forestry plan.
Environmental protection works means works associated with the rehabilitation of land towards its natural state or any work to protect land from environmental degradation, and includes re-vegetation or bush regeneration works, wetland protection works, erosion protection works, dune restoration works and the like, but does not include coastal protection works (within the meaning of the Coastal Protection Act 1979).
Electricity transmission infrastructure The clearing of native vegetation for the maintenance of public utilities associated with the transmission of electricity.
The maintenance of those public utilities includes the following activities, but only when those activities are being undertaken by or at the written direction of the body in which the public utility concerned is vested or that has the responsibility for that public utility’s safe operation—
maintaining the necessary safety clearances under power lines (conductors and structures) and around communication sites associated with the supply of electricity,
minimising fuel loads under power lines to minimise the chance of smoke from a fire resulting in a line trip,
maintaining existing access roads and tracks.
The maintenance of those public utilities does not include any of the following activities—
construction of new access roads or tracks,
removal of low growing groundcover,
maintaining safety clearances from power lines that exceed either of the following—
the maximum distance set out in the following table—
Nominal operating voltage of power line
Maximum clearing distance
Not more than 11 kV
20 metres
Above 11 kV up to and including 33 kV
25 metres
Above 33 kV up to and including 66 kV
30 metres
Above 66 kV up to and including 132 kV
45 metres
Above 132 kV up to and including 330 kV
60 metres
Above 330 kV
70 metres
the minimum distance that will ensure reliability of supply under all loading and environmental conditions and minimise the risk of arcing.
Permanent boundary fence The clearing of native vegetation for the construction or maintenance of boundary fencing, with a maximum distance of clearing for the purposes of a boundary fence not exceeding 6 metres.
Permanent internal or temporary fence The clearing of native vegetation for the construction or maintenance of fencing (other than boundary fencing) to improve the management of the land, with a maximum distance of clearing for the purposes of a fence not exceeding 6 metres and only for fencing that is reasonably required to be constructed on the land.
Farm access track The clearing of native vegetation for the construction or maintenance of farm tracks, with a total width of clearing not exceeding 6 metres and only if—
the track is reasonably required to access sites within or on the other side of the land, and
the route of the track minimises the clearing that is required to be undertaken on the land.
Sustainable grazing Clearing of native vegetation during the course of sustainable grazing.
Sustainable grazing is grazing by livestock, and the management of grasslands used for grazing, that is not likely to result in the substantial long-term decline in the structure and composition of native vegetation. Management of grasslands includes (without limitation) the over-sowing or fertilisation of grasslands.
Collection of firewood Clearing native vegetation on land for the purpose of obtaining firewood for use by the landholder on that land or on other land of the landholder, in accordance with clause 15, but not within a buffer distance from a water body as set out in the Land Management (Native Vegetation) Code 2018 as in force on the commencement of this subclause.
Planted native vegetation The clearing, in accordance with clause 17, of native vegetation that has been planted, but not within a buffer distance from a water body as set out in the Land Management (Native Vegetation) Code 2018 as in force on the commencement of this subclause.
Water supply and gas supply infrastructure Clearing native vegetation for the maintenance of public utilities associated with water supply infrastructure and gas supply infrastructure.
The clearing is authorised if carried out by or on behalf of the owner of the infrastructure or by or on behalf of the landholder.
Telecommunications infrastructure Clearing native vegetation for the maintenance of telecommunications infrastructure.
The clearing is authorised if carried out by or on behalf of the owner of the infrastructure or by or on behalf of the landholder.
This provision refers to the regulations (the regulations
). Made under this Act:
This Act’s bill:Explanatory memorandumSecond reading speech
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