34Trees and native vegetation

34 Trees and native vegetation

34 Trees and native vegetation

Note—

Part 6 contains controls relating to trees that are heritage items or within heritage conservation areas.

(1) This clause applies to all land except—

(a) State forest or other Crown-timber lands within the meaning of the Forestry Act 1916, or

(b) land within Zone 8.

(2) Except as provided by subclause (3), a person must not clear any tree or any native vegetation unless in accordance with a development consent that is in force.

(3) Consent is not required for—

(a) the clearing of trees or native vegetation authorised or required by or under the Electricity Supply Act 1995, or

(b) the clearing of trees or native vegetation authorised or required by or under the Roads Act 1993, or

(c) the clearing or harvesting of trees grown commercially or domestically for their edible fruit, or

(d) the control of noxious weeds within the meaning of the Noxious Weeds Act 1993, or

(e) the clearing of commercially grown plantation trees in accordance with the Plantations and Reafforestation Act 1999, or

(f) the clearing of native vegetation without consent if authorised under the Native Vegetation Conservation Act 1997, any other Act or another environmental planning instrument, or

(g) the removal of hazardous dead trees within Zone 2 (1), 2 (2), 3 (1), 3 (2), 4 (1), 4 (2), 4 (3), 5, 6 (1) or 6 (2), except where the trees provide habitat for species listed in Schedule 1 or 2 to the Threatened Species Conservation Act 1995, or

(h) the removal of native vegetation on land, other than in Zone 7 (1), for the purpose of creating or maintaining landscaped and lawn areas where—