60OClearing authorised under other legislation

#### 60O Clearing authorised under other legislation 60O Clearing authorised under other legislation > For the purposes of this Part, the clearing of native vegetation in a regulated rural area is authorised under other legislation in any of the following cases— > > > (a) Planning approval > > > > The clearing was authorised by— > > > > > (i) a development consent under Part 4 of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), or > > > > > (ii) a State significant infrastructure approval under Part 5.1 of that Act, or > > > > > (iii) a transitional Part 3A project approval under Schedule 6A to that Act. > > > > Note. > > > > A planning approval may authorise clearing as part of or ancillary to the carrying out of other development, but except in limited cases does not authorise only clearing of native vegetation—see section 60P. > > > (b) Other planning authorisation > > > > The clearing was— > > > > > (i) a part of or ancillary to the carrying out of exempt development within the meaning of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), or > > > > > (ii) an activity carried out by a determining authority within the meaning of Part 5 of that Act after compliance with that Part, or > > > > > (iii) authorised by an approval of a determining authority within the meaning of Part 5 of that Act granted after compliance with that Part. > > > (c) Biodiversity conservation authorisation > > > > The clearing was authorised by a biodiversity conservation licence under the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063) or was authorised by a regulation made under section 2.9 of that Act (including under a code of practice made or adopted by any such regulation). > > > (d) Rural fires authorisation > > > > The clearing was— > > > > > (i) an emergency fire fighting act or emergency bush fire hazard reduction work within the meaning of the [Rural Fires Act 1997](/view/html/inforce/current/act-1997-065), or > > > > > (ii) bush fire hazard reduction work to which section 100C (4) of the [Rural Fires Act 1997](/view/html/inforce/current/act-1997-065) applies or vegetation clearing work under Part 4, Division 9 of that Act. > > > (e) Electricity network operator bush fire risk mitigation direction > > > > The clearing was required to be carried out to give effect to a direction of a network operator under Division 2A of Part 5 of the [Electricity Supply Act 1995](/view/html/inforce/current/act-1995-094). > > > (f) State emergency authorisation > > > > The clearing was authorised by or under the [State Emergency and Rescue Management Act 1989](/view/html/inforce/current/act-1989-165) or the [State Emergency Service Act 1989](/view/html/inforce/current/act-1989-164) and was reasonably necessary in order to avoid a threat to life or property. > > > (g) Biosecurity authorisation > > > > The clearing was an authorised action for the purposes of section 386 of the [Biosecurity Act 2015](/view/html/inforce/current/act-2015-024). > > > (h) Plantation operations authorisation > > > > The clearing was the carrying out of a plantation operation on an authorised plantation in accordance with the [Plantations and Reafforestation Act 1999](/view/html/inforce/current/act-1999-097), the conditions of the authorisation and the provisions of the Plantations and Reafforestation Code applying to the plantation. > > > (i) Forestry operations authorisation > > > > The clearing was the carrying out of a forestry operation in a State forest or other Crown-timber land to which an integrated forestry operations approval under Part 5B of the [Forestry Act 2012](/view/html/inforce/current/act-2012-096) applies, being a forestry operation that is carried out in accordance with the approval. > > > (j) Water management authorisation > > > > The clearing was authorised by a licence, permit, approval or other authority under the [Water Management Act 2000](/view/html/inforce/current/act-2000-092). > > > (k) Mining/petroleum authorisation > > > > The clearing was authorised by a lease, licence or other authority under the [Mining Act 1992](/view/html/inforce/current/act-1992-029) or the [Petroleum (Onshore) Act 1991](/view/html/inforce/current/act-1991-084). > > > (l) Fisheries management authorisation > > > > The clearing was authorised by a licence under Division 6 of Part 7A of the [Fisheries Management Act 1994](/view/html/inforce/current/act-1994-038) or was authorised under Division 3 or 4 of Part 7 of that Act. > > > (m) Survey work > > > > The clearing was required to be carried out for the purposes of a survey under the [Surveying and Spatial Information Act 2002](/view/html/inforce/current/act-2002-083) and was carried out by or under the direction of a surveyor. > > > (n) Roads authorisation > > > > The clearing was authorised by a consent under Division 3 of Part 9 of the [Roads Act 1993](/view/html/inforce/current/act-1993-033). > > > (o) Private land conservation agreement > > > > The clearing was authorised by a private land conservation agreement under the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063). > > > (p) Other legislative authorisation > > > > The clearing was authorised by or under any other Act that has effect despite this Part. > > **s 60O:** Ins 2016 No 64, Sch 1 \[3\]. Am 2018 No 40, Sch 1 \[4\]; 2020 No 37, Sch 2.3.