Native Vegetation Act 1991

The purpose of this section is to provide for the avoidance of unnecessary duplication of procedures and compliance requirements under the Commonwealth Act and this Act where the clearance of native vegetation requires consent under this Act and approval under the Commonwealth Act.

Despite any other provision of this Act, the Council may—

accept a Commonwealth Act document as an application for consent under section 28 if (subject to subsection (5)) it complies with the requirements of this Act; and

accept the whole or part of a plan, report, statement, assessment or other document used, or to be used, for the purposes of the Commonwealth

To avoid doubt, where a controlled action under the Commonwealth Act comprises or includes the clearance of native vegetation, the

Where a controlled action under the Commonwealth Act comprises or includes the clearance of native vegetation, the Council—

must, if the Commonwealth Minister has given his or her approval to the controlled action, consider whether the conditions (if any) to be imposed on the consent should be consistent with the conditions (if any) attached to the Commonwealth Minister's approval under the

may impose a condition on the consent that requires compliance with all or some of the conditions attached to the Commonwealth Minister's approval under the Commonwealth Act.

A document accepted under subsection (2)—

may be in a form that does not comply with the requirements of this Act;

may include information or other material that is irrelevant for the purposes of this Act.

Once a document is accepted under subsection (2) the document will not be invalid or ineffective for the purposes of this Act because a court, tribunal or other authority has decided that it is invalid or ineffective for the purposes of the

In this section—

an assessment report as defined in the Commonwealth Act by reference to section 84(3), 95, 100 or 105 of that Act; or

a report under section 121 of the Commonwealth Act;

a referral under section 68, 69 or 71 of the Commonwealth Act; or

information given by a person to the Minister under the Commonwealth Act under section 86 of that Act; or

information and invitation published by a proponent under section 93 of the

guidelines prepared under section 97 or 102 of the Commonwealth Act; or

a draft report prepared under section 98 of the Commonwealth Act; or

a finalised report prepared under section 99 of the Commonwealth Act;

a draft statement prepared under section 103 of the Commonwealth Act;

a finalised statement prepared under section 104 of the Commonwealth

an assessment report.