NRRPC Website - Exemptions to the Natiuve Vegetation Conservation Act

Back to Technical Info

Extracts from the Native Vegetation Conservation Act

Go to the Next Page
Back to the Previous Page

SCHEDULE 4 Savings and transitional provisions (Section 68)

Part 2 Provisions consequent on the enactment of this Act

2 Definition

In this part:

SEPP 46 means State Environmental Planning Policy No. 46 - Protection and Management of Native Vegetation as in force immediately before its repeal by this Act

3 Existing development consents and exemptions under SEPP 46

(1) The repeal of SEPP 46 by this Act does not affect any development consent for clearing native vegetation as required by SEPP 46 and in force immediately before that repeal, except to the extent that:

The development consent is taken to be development consent as required by Part 2 of this Act, and
The clearing is to be subject to this Act.

(2) Subject to the regulations, the clearing of native vegetation for a purpose or extent described in Schedule 3 to SEPP 46 continues, after the repeal of SEPP 46 by this Act, to be clearing that is exempt from any requirement under Part 2 of this Act for development consent.
(3) Subclause (2), and any regulation made for the purposes of that subclause, ceases to have effect in relation to the clearing concerned if the land to which the clearing relates becomes land to which a regional vegetation management plan applies.
4 Existing authorities and exemptions under Soil Conservation Act 1938 (State protected land)
(1) The clearing of protected land as authorised by an authority issued under section 21D of the Soil Conservation Act 1938 and in force immediately before the commencement of Schedule 5.3 to this Act is, after that commencement, taken to be clearing that:

is authorised by a development consent required by Part 2 of this Act, and in force under Part 4 of the EPA Act.
Is to be subject to this Act.
(2) Subject to the regulations, the clearing of protected land in accordance with an exemption order under section 21C (2) of the Soil Conservation Act 1938, and in force immediately before the commencement of Schedule 5.3 to this Act, is, after that commencement, to be clearing that is exempt from any requirement under Part 2 of this Act for development consent.
(3) Subclause (s), and any regulation made for the purposes of that subclause, ceases to have effect in relation to the exempt clearing if the land on which the clearing relates becomes land to which a regional vegetation management plan applies

FUTURE CHANGES TO EXEMPTIONS
The exemptions outlined in this information sheet therefore currently apply however this may not always be the case.

As Regional Vegetation Plans are developed under the NVC Act and then come into effect exemptions may change.

Similarly if a Code of Practice is developed under the NVC Act for a particular activity, (eg plantation establishment) then exemptions in relation to that activity may also change.

Back to the Top
Go to the Next Page

Back to Technical Information