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, 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, 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 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, or

(ii) bush fire hazard reduction work to which section 100C (4) of the Rural Fires Act 1997 applies or vegetation clearing work under Part 4, Division 9 of that Act.