sch.21-sec.1Clearing and other activities or matters for premises generally

sch.21-sec.1 Clearing and other activities or matters for premises generally

Clearing vegetation under a development approval for a material change of use or reconfiguring a lot, if— the approval is for a development application for which the chief executive is a referral agency in relation to vegetation clearing; or the approval is for a development application— that relates only to lots of less than 5ha; and for which a local government is the prescribed assessment manager. Clearing an area of vegetation within a watercourse, as defined under the Vegetation Management Act , schedule, or a lake for an activity, other than an activity relating to a material change of use or reconfiguring a lot, if— the clearing is— subject to an approval process, and is approved under the Act or another Act; or a necessary and unavoidable consequence of an activity allowed by a permit given under the Water Act , section 221 ; or a necessary and unavoidable consequence of an activity carried out under the Riverine Protection Permit Exemption Requirements; and either— the clearing is under an accepted development vegetation clearing code, other than if the vegetation is in a category A area; or the area is less than 0.5ha of a least concern regional ecosystem in a category B area; or the area is less than 0.5ha in a category C, R or X area. Clearing vegetation in an area declared under the Vegetation Management Act , section 19F , if the clearing is carried out— under the management plan for the area; and for— 1 or more purposes stated in the Vegetation Management Act , section 22A (2) (b) , (c) , (f) , (g) , (h) or (j) ; or establishing a necessary fence, firebreak, road or vehicular track and the clearing can not reasonably be avoided or minimised. Clearing vegetation— under a land management agreement for a lease under the Land Act ; and for 1 or more of the purposes stated in the Vegetation Management Act , section 22A (2) (b) , (c) , (d) , (f) , (g) , (h) or (j) . A traditional Aboriginal or Torres Strait Islander cultural activity, other than a commercial activity. A resource activity as defined under the Environmental Protection Act , section 107 . Development for geothermal exploration carried out under a geothermal exploration permit under the Geothermal Energy Act 2010 . Clearing vegetation, for an airport-related purpose, on airport premises. An activity under the Fire Services Act 1990 , section 145F , 145G , 149I or 149K (3) (a) . An activity under— the Electricity Act , section 101 or 112A ; or the Electricity Regulation 2006 , section 17 . An activity authorised under the Forestry Act . Clearing vegetation on premises in an area for which an area management plan under the Vegetation Management Act , section 20J is in force at the time of the clearing, if— the owner of the premises, within the meaning of that Act, or a person authorised by the owner, does the clearing; and the clearing complies with the area management plan, including any condition of the plan requiring the owner to give notice of the clearing to the chief executive of the department in which that Act is administered. Clearing vegetation on land stated in the Forestry Act , section 55 (1) (b) , (c) or (d) to the extent the clearing is for accessing and extracting quarry material for road works under the Transport Infrastructure Act . Clearing vegetation for the construction or maintenance of infrastructure stated in schedule 5 , if— the clearing is on designated premises; or the infrastructure is government supported transport infrastructure. Clearing vegetation in an area for which a disaster situation declaration has been made, if the clearing— is necessary to prevent or minimise— loss of human life, or illness or injury to humans; or property loss or damage; or damage to the environment; and happens during the period starting when the disaster situation declaration was made and ending on the later of the following days— the day that is 1 year after the day on which the disaster situation declaration was made; another day decided by the chief executive by notice. Clearing vegetation that is necessary to carry out a cadastral survey of an existing property boundary, geotechnical survey or geological survey, if the area cleared is— for an area in which the survey is conducted—a maximum area of 100m 2 ; and for an area necessary for reasonable access to the area in which the survey is conducted—a maximum of 10m wide. Clearing vegetation that is necessary to remediate contaminated land recorded in the environmental management register or contaminated land register. Clearing vegetation that is necessary to carry out activities authorised to be carried out on an abandoned mine site under the Mineral Resources Act 1989 , section 344C or 344D . Clearing vegetation that the Vegetation Management Act does not apply to or affect. For clearing vegetation that the Vegetation Management Act does not affect, see, for example, section 74 of that Act. Clearing vegetation in accordance with a restoration notice under the Vegetation Management Act or an enforcement notice under the Act if the clearing is carried out for— 1 or more of the purposes stated in the Vegetation Management Act , section 22A (2) (b) , (c) , (g) or (j) ; or establishing a necessary fence, firebreak, road or vehicular track and the clearing can not reasonably be avoided or minimised. In this section— airport premises means premises used, or to be used, completely or partly for an airport-related purpose. airport-related purpose means— the construction, operation or maintenance of a strategic airport, including— air transport infrastructure; and core airport infrastructure on airport land; or an activity or facility supporting the economical, efficient or safe functioning of a strategic airport; or manufacturing aircraft or aircraft components servicing aircraft an activity or facility supporting the financial viability of a strategic airport; or operating an air charter business or air freight depot operating a flight training or skydiving business for premises on airport land—development consistent with the land use plan for the airport land. disaster situation declaration , for an area, means a declaration of a disaster situation for the area under the Disaster Management Act 2003 , section 64 or 69 if— the declaration relates to an event stated in section 16 (1) (a) of that Act; and the disaster situation has not ended under section 71 of that Act. management plan , for an area declared under the Vegetation Management Act , section 19F , means the management plan for the area that accompanied the notice given by the owner of the land under section 19E of that Act, as amended from time to time. remediate , contaminated land, see the Environmental Protection Act , schedule 4 . Riverine Protection Permit Exemption Requirements means the document called the ‘Riverine Protection Permit Exemption Requirements’ that is— approved by the chief executive of the department in which the Water Act is administered; and published on that department’s website. sch 21 s 1 amd 2018 Act No. 7 s 48 (1) ; 2018 SL No. 91 s 20 ; 2020 Act No. 14 s 218 sch 1 ; 2024 Act No. 22 s 92 sch 1 (sch.21-sec.1-ssec.1) Clearing vegetation under a development approval for a material change of use or reconfiguring a lot, if— the approval is for a development application for which the chief executive is a referral agency in relation to vegetation clearing; or the approval is for a development application— that relates only to lots of less than 5ha; and for which a local government is the prescribed assessment manager. (sch.21-sec.1-ssec.2) Clearing an area of vegetation within a watercourse, as defined under the Vegetation Management Act , schedule, or a lake for an activity, other than an activity relating to a material change of use or reconfiguring a lot, if— the clearing is— subject to an approval process, and is approved under the Act or another Act; or a necessary and unavoidable consequence of an activity allowed by a permit given under the Water Act , section 221 ; or a necessary and unavoidable consequence of an activity carried out under the Riverine Protection Permit Exemption Requirements; and either— the clearing is under an accepted development vegetation clearing code, other than if the vegetation is in a category A area; or the area is less than 0.5ha of a least concern regional ecosystem in a category B area; or the area is less than 0.5ha in a category C, R or X area. (sch.21-sec.1-ssec.3) Clearing vegetation in an area declared under the Vegetation Management Act , section 19F , if the clearing is carried out— under the management plan for the area; and for— 1 or more purposes stated in the Vegetation Management Act , section 22A (2) (b) , (c) , (f) , (g) , (h) or (j) ; or establishing a necessary fence, firebreak, road or vehicular track and the clearing can not reasonably be avoided or minimised. (sch.21-sec.1-ssec.4) Clearing vegetation— under a land management agreement for a lease under the Land Act ; and for 1 or more of the purposes stated in the Vegetation Management Act , section 22A (2) (b) , (c) , (d) , (f) , (g) , (h) or (j) . (sch.21-sec.1-ssec.5) A traditional Aboriginal or Torres Strait Islander cultural activity, other than a commercial activity. (sch.21-sec.1-ssec.6) A resource activity as defined under the Environmental Protection Act , section 107 . (sch.21-sec.1-ssec.7) Development for geothermal exploration carried out under a geothermal exploration permit under the Geothermal Energy Act 2010 . (sch.21-sec.1-ssec.8) Clearing vegetation, for an airport-related purpose, on airport premises. (sch.21-sec.1-ssec.9) An activity under the Fire Services Act 1990 , section 145F , 145G , 149I or 149K (3) (a) . (sch.21-sec.1-ssec.10) An activity under— the Electricity Act , section 101 or 112A ; or the Electricity Regulation 2006 , section 17 . (sch.21-sec.1-ssec.11) An activity authorised under the Forestry Act . (sch.21-sec.1-ssec.12) Clearing vegetation on premises in an area for which an area management plan under the Vegetation Management Act , section 20J is in force at the time of the clearing, if— the owner of the premises, within the meaning of that Act, or a person authorised by the owner, does the clearing; and the clearing complies with the area management plan, including any condition of the plan requiring the owner to give notice of the clearing to the chief executive of the department in which that Act is administered. (sch.21-sec.1-ssec.13) Clearing vegetation on land stated in the Forestry Act , section 55 (1) (b) , (c) or (d) to the extent the clearing is for accessing and extracting quarry material for road works under the Transport Infrastructure Act . (sch.21-sec.1-ssec.14) Clearing vegetation for the construction or maintenance of infrastructure stated in schedule 5 , if— the clearing is on designated premises; or the infrastructure is government supported transport infrastructure. (sch.21-sec.1-ssec.15) Clearing vegetation in an area for which a disaster situation declaration has been made, if the clearing— is necessary to prevent or minimise— loss of human life, or illness or injury to humans; or property loss or damage; or damage to the environment; and happens during the period starting when the disaster situation declaration was made and ending on the later of the following days— the day that is 1 year after the day on which the disaster situation declaration was made; another day decided by the chief executive by notice. (sch.21-sec.1-ssec.16) Clearing vegetation that is necessary to carry out a cadastral survey of an existing property boundary, geotechnical survey or geological survey, if the area cleared is— for an area in which the survey is conducted—a maximum area of 100m 2 ; and for an area necessary for reasonable access to the area in which the survey is conducted—a maximum of 10m wide. (sch.21-sec.1-ssec.17) Clearing vegetation that is necessary to remediate contaminated land recorded in the environmental management register or contaminated land register. (sch.21-sec.1-ssec.18) Clearing vegetation that is necessary to carry out activities authorised to be carried out on an abandoned mine site under the Mineral Resources Act 1989 , section 344C or 344D . (sch.21-sec.1-ssec.19) Clearing vegetation that the Vegetation Management Act does not apply to or affect. For clearing vegetation that the Vegetation Management Act does not affect, see, for example, section 74 of that Act. (sch.21-sec.1-ssec.19A) Clearing vegetation in accordance with a restoration notice under the Vegetation Management Act or an enforcement notice under the Act if the clearing is carried out for— 1 or more of the purposes stated in the Vegetation Management Act , section 22A (2) (b) , (c) , (g) or (j) ; or establishing a necessary fence, firebreak, road or vehicular track and the clearing can not reasonably be avoided or minimised. (sch.21-sec.1-ssec.20) In this section— airport premises means premises used, or to be used, completely or partly for an airport-related purpose. airport-related purpose means— the construction, operation or maintenance of a strategic airport, including— air transport infrastructure; and core airport infrastructure on airport land; or an activity or facility supporting the economical, efficient or safe functioning of a strategic airport; or manufacturing aircraft or aircraft components servicing aircraft an activity or facility supporting the financial viability of a strategic airport; or operating an air charter business or air freight depot operating a flight training or skydiving business for premises on airport land—development consistent with the land use plan for the airport land. disaster situation declaration , for an area, means a declaration of a disaster situation for the area under the Disaster Management Act 2003 , section 64 or 69 if— the declaration relates to an event stated in section 16 (1) (a) of that Act; and the disaster situation has not ended under section 71 of that Act. management plan , for an area declared under the Vegetation Management Act , section 19F , means the management plan for the area that accompanied the notice given by the owner of the land under section 19E of that Act, as amended from time to time. remediate , contaminated land, see the Environmental Protection Act , schedule 4 . Riverine Protection Permit Exemption Requirements means the document called the ‘Riverine Protection Permit Exemption Requirements’ that is— approved by the chief executive of the department in which the Water Act is administered; and published on that department’s website.