59Circumstances in which cultivation consent not required

#### 59 Circumstances in which cultivation consent not required 59 Circumstances in which cultivation consent not required > > (1) Cultivation consent for the cultivation of applicable Western land is not required to be obtained under clause 42 of Schedule 3 to the Act in any of the circumstances specified in the Table to this subclause, subject to any conditions set out in the Table. > > > > Table > > > > | | Circumstance | > > | 1 | Cultivation on land held under a Western Lands lease, or under a licence or other tenure, granted or issued for the purpose of agriculture, grazing and agriculture combined or mixed farming, or for any similar purpose. | > > | 2 | Cultivation in connection with rehabilitation works undertaken by or under the direct guidance of the Minister. | > > | 3 | Cultivation in connection with rabbit ripping undertaken as part of a planned rabbit control program on land that is not—(a) within 20 metres of the bank of a stream or watercourse, or(b) within 100 metres of the bank of a lake or an ancient lake, or(c) on a sand dune or a sandhill, or(d) within 20 metres of the edge of the carriageway of the constructed portion of a road under the control of Transport for NSW or a local government authority. | > > | 4 | Cultivation carried out on a once only basis to control plants on land that are pests if it is not—(a) within 20 metres of the bank of a stream or watercourse, or(b) within 100 metres of the bank of a lake or an ancient lake, or(c) on a sand dune or a sandhill, or(d) within 20 metres of the edge of the carriageway of the constructed portion of a road under the control of Transport for NSW or a local government authority. | > > | 5 | Cultivation carried out on a once only basis to allow the introduction of local, endemic native species on land that is not—(a) within 20 metres of the bank of a stream or watercourse, or(b) within 100 metres of the bank of a lake or an ancient lake, or(c) on a sand dune or a sandhill, or(d) within 20 metres of the edge of the carriageway of the constructed portion of a road under the control of Transport for NSW or a local government authority. | > > | 6 | Cultivation carried out on research, experimental or demonstration plots (not exceeding a total area of 10 hectares). | > > | 7 | Cultivation in connection with fodder production on land (not exceeding a total area of 100 hectares), but only if the fodder is exclusively for on-farm use. | > > | 8 | Cultivation on land that is not more than 30 metres wide and that is being cultivated in direct connection with the formation of a road, the construction of tank drains for water diversion or the maintenance of the perimeters of an airstrip. | > > | 9 | Cultivation of an area of 5,000 square metres or less, but only if failure to cultivate would impede the authorised use of the land and the cultivation is being undertaken by or at the direction of Local Land Services or a Crown land manager, commons trust or local government authority with direct responsibility for the care, control and management of the land. | > > > (2) An exemption under this clause from the requirement for cultivation consent does not authorise— > > > > > (a) cultivation in contravention of conditions applying to a Western Lands lease under the Act, or > > > > > (b) cultivation that is contrary to any direction given by the Minister, or > > > > > (c) cultivation on a sand dune or sandhill, or > > > > > (d) cultivation in a State forest, timber reserve or flora reserve under the [Forestry Act 2012](/view/html/inforce/current/act-2012-096). > > > (3) Despite the exemptions under this clause, the Minister may, if the Minister considers it appropriate, require an application for a cultivation consent under clause 42 of Schedule 3 to the Act in respect of any cultivation to which that clause applies. > > > (4) In this clause— > > > > ancient lake means land that formerly constituted a lake and that is distinguishable from its surrounding land by such features as its soil and vegetation and by a reasonably defined shore. > > **cl 59:** Am 2020 No 30, Sch 4.11\[1\] \[2\].