Native Vegetation Act 1991

Subject to subsection (2), the owner of land on which native vegetation is growing or is situated, or a person acting on his or her behalf, (but no other person) may apply for consent to clear the vegetation.

Where the land is held from the Crown under a miscellaneous lease, an application for consent to clear vegetation can only be made by the

Minister for Environment and Conservation.

An application for consent—

must be in a form approved by the Council;

must be accompanied by—

—

if an environmental benefit required under this Act is to be satisfied by the application of a credit under section 25A—

• if the credit has been assigned in accordance with section 25B—a management agreement prepared under section 25D;

and

• in any case—

• information that establishes that the applicant has been credited, in accordance with section 25A or 25B, with having achieved an environmental benefit of a particular value;

and

• information that establishes that the environmental benefit the subject of the credit amounts, after allowing for the loss of the vegetation to be cleared, to a significant environmental benefit; or

if an environmental benefit required under this Act has been, or is to be, achieved by an accredited third party provider in accordance with section 25C—

• a management agreement prepared under section 25D;

and

• information that establishes that the environmental benefit achieved, or to be achieved, by the accredited third party provider will, after allowing for the loss of the vegetation to be cleared, result in a significant environmental benefit; or

if an environmental benefit required under this Act is to be achieved in any other way—

• a native vegetation management plan prepared by the applicant in accordance with guidelines adopted by the Council under Part

4; and

• information that establishes that subsequent establishment, regeneration or maintenance of native vegetation (whether on the land after the proposed clearance or on other land) in accordance with the native vegetation management plan will, after allowing for the loss of the vegetation to be cleared, result in a significant environmental benefit; or

information that establishes that it is not possible for the applicant to achieve a significant environmental benefit in the manner contemplated by subsubparagraph (C);

and

in any case—

the prescribed number of copies of a report relating to the proposed clearance prepared in a form approved by the Council; and

such other information as the Council reasonably requires; and

the prescribed fee (including the fee prescribed for the report referred to in subsubparagraph (A)).

Where an applicant provides information referred to in subsection (3)(b)(i)(D), he or she may propose that he or she make a payment into the Fund to compensate for the fact that there will not be a significant environmental benefit associated with the proposed clearance.

The report referred to in subsection (3)(b)(ii)(A) must be prepared by the agency or instrumentality of the Crown or other person or body specified by the regulations.

On receipt of the fee prescribed for the report referred to in subsection (3)(b)(ii)(A), the Council (or a local council or other body or person acting under delegation from the Council) must pay the amount of the fee to the

Minister who must apply the amount received towards the cost of administering this Act.

The

Council must ensure that a copy of the report referred to in subsection (3)(b)(ii)(A), and of any Assessment

Report prepared by the Minister's department in response to the making of an application under this section, is available for inspection, without fee, during ordinary office hours at the principal office of the Council, and is also available in any other manner, or at any other place, determined by the Minister.