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Exemptions to the Natiuve Vegetation Conservation Act 1997

(Particularly Those Associated with Forestry Operations)

Land & Water Conservation Bruce Cole-Clark
Resource Officer Agroforestry
Grafton
August 1999

Many Landholders are not aware of exemptions under the Native Vegetation Conservation Act 1997 which allow certain farm forestry operations to be carried out.

Unfortunately the exemptions are not outlined in the Act and are only referred to in a fairly obscure manner.

The part of the Act which should be referred to is Section 68 - Savings and Transitional Provisions which in turn refers to Schedule 4.

Importantly Schedule 4, Part 2, section 3(2) points out that the exemptions described in Schedule 3 of SEPP 46 continue to apply to non State Protected Land. A number of these exemptions allow certain forestry operations. They are described in detail in the following notes and include exemptions (a); (b); (h); (i) option 1; (i) option 11; and (j).

Also Schedule 4, Part 2, section 4(2) points out that exemptions to the clearing of protected land under the Soil Conservation Act (now State Protected Land) still apply under the Native Vegetation Act. Those exemptions which allow some limited forestry operations are also outlined in these notes.

If operations are deemed exempt it still makes good sense to keep a record of practices undertaken as evidence responsible management is being undertaken. Consequently a farm forestry plan incorporating silvicultural and harvesting plans is strongly recommended.

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