State Environmental Planning Policy (Transport and Infrastructure) 2021

The development is not required to satisfy the requirements of section 2.22(2)(g), to the extent that it relates to a permit or approval for clearing vegetation under State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 2 if—

the vegetation is not listed on a register of significant trees kept by the council, and

the vegetation is within 3 metres of the development, and

the vegetation has a height of less than 6m, and

the vegetation, whether living or dead, does not have a hollow that—

can be seen, and

has a width of at least 5cm, and

appears to have depth, and

is at least 1m above the ground, and

the clearing of vegetation does not exceed the biodiversity offsets scheme threshold within the meaning of State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 2, and

no more than 250m² of native vegetation, within the meaning of the Local Land Services Act 2013, Part 5A, is cleared, and

vegetation is planted to replace the cleared vegetation that meets the following requirements—

if a development control plan applies to the land and sets requirements for replanting cleared vegetation—the replacement vegetation complies with the requirements or alternative action is undertaken as agreed with the council,

if a development control plan that sets requirements for replanting cleared vegetation does not apply to the land and a tree was cleared—the replacement tree must be capable of achieving a height of at least 5m at maturity,

if a development control plan that sets requirements for replanting cleared vegetation does not apply to the land and vegetation other than a tree was cleared—the replacement vegetation must be similar in size, at maturity, to the vegetation cleared.

In this section—