60SAuthorised clearing by landholders under codes

60S Authorised clearing by landholders under codes

60S Authorised clearing by landholders under codes

(1) The clearing of native vegetation in a regulated rural area is authorised without any approval or other authority under this Part if it is clearing carried out by or on behalf of the landholder in accordance with a land management (native vegetation) code under this Division.

(2) The clearing of native vegetation is not authorised by a land management (native vegetation) code in any part of a regulated rural area that is excluded by the regulations or that is excluded by the code concerned.

(2A) The clearing of native vegetation is not authorised by a land management (native vegetation) code if the clearing is the carrying out of a forestry operation within the meaning of Part 5B (Private native forestry).

(3) Clearing of native vegetation authorised by Division 4 and Schedule 5A is not subject to a land management (native vegetation) code despite anything to the contrary in the code.

(4) A land management (native vegetation) code does not permit clearing or any other activity—

(a) without an approval or other authority required by or under another Act or another Part of this Act, or

(b) in contravention of any provision of or made under another Act or another Part of this Act, or

(c) if the regulations so provide, without the consent of all landholders or other persons with a specified interest in the land.

s 60S: Ins 2016 No 64, Sch 1 [3]. Am 2018 No 40, Sch 1 [5].