sch.21-sec.5Land dedicated as a road under Land Act

sch.21-sec.5 Land dedicated as a road under Land Act

For land that is dedicated as a road under the Land Act , clearing vegetation— that is carried out by a local government, or by or for the chief executive (transport), if the clearing— is necessary to construct or maintain road transport infrastructure or to source construction material for roads; or is a category R area or category X area; or that is carried out by a local government— to remove vegetation that is not native vegetation; or in accordance with a biosecurity plan made by the local government under the Biosecurity Act 2014 ; or that is necessary to remove or reduce the imminent risk that the vegetation poses of serious personal injury or damage to infrastructure; or by fire under the Fire Services Act 1990 to reduce hazardous fuel load; or that is necessary to maintain infrastructure on the road, other than fences; or that is necessary to maintain a boundary fence to the maximum width of 3m; or that is necessary for reasonable access to adjoining land from the formed road for a maximum width of 10m; or that is necessary to maintain a firebreak or garden on the road; or under an accepted development vegetation clearing code, other than in a category A area. sch 21 s 5 amd 2024 Act No. 22 s 92 sch 1

• (a) that is carried out by a local government, or by or for the chief executive (transport), if the clearing— (i) is necessary to construct or maintain road transport infrastructure or to source construction material for roads; or (ii) is a category R area or category X area; or
• (i) is necessary to construct or maintain road transport infrastructure or to source construction material for roads; or
• (ii) is a category R area or category X area; or
• (b) that is carried out by a local government— (i) to remove vegetation that is not native vegetation; or (ii) in accordance with a biosecurity plan made by the local government under the Biosecurity Act 2014 ; or
• (i) to remove vegetation that is not native vegetation; or
• (ii) in accordance with a biosecurity plan made by the local government under the Biosecurity Act 2014 ; or
• (c) that is necessary to remove or reduce the imminent risk that the vegetation poses of serious personal injury or damage to infrastructure; or
• (d) by fire under the Fire Services Act 1990 to reduce hazardous fuel load; or
• (e) that is necessary to maintain infrastructure on the road, other than fences; or
• (f) that is necessary to maintain a boundary fence to the maximum width of 3m; or
• (g) that is necessary for reasonable access to adjoining land from the formed road for a maximum width of 10m; or
• (h) that is necessary to maintain a firebreak or garden on the road; or