25ASetbacks from buildings

25A Setbacks from buildings

25A Setbacks from buildings

(1) This clause applies to establishment operations for an authorised plantation—

(a) that are carried out on or after the commencement of this clause, or

(b) that were not completed before the commencement of this clause,

including establishment operations in respect of a replanting, but only if the replanting is more than 30 per cent of the plantable area, or 30 hectares, of a plantation, whichever is greater.

(2) Establishment operations to which this clause applies must be carried out so as to ensure that no trees or shrubs are planted within 70 metres of any habitable dwelling, other than a habitable dwelling that—

(a) is located within the property boundary of the plantation, and

(b) is uninhabited.

(3) If an uninhabited habitable dwelling that is located within the property boundary of a plantation becomes inhabited after establishment operations have commenced, any trees or shrubs planted within 70 metres of the dwelling in the course of those operations must be removed.

(4) Establishment operations to which this clause applies must be carried out so as to ensure that no trees or shrubs are planted within 100 metres of any building that has a special fire protection purpose.

(5) Subclauses (2)–(4) do not apply if the Secretary is satisfied that an appropriate distance has been established between a habitable dwelling, or a building that has a special fire protection purpose, and the trees or shrubs on a plantation in accordance with—

(a) Planning for Bush Fire Protection, or

(b) an applicable environmental planning instrument under the Environmental Planning and Assessment Act 1979.

(6) In this clause—

Building Code of Australia has the same meaning as it has in the Environmental Planning and Assessment Act 1979.

habitable dwelling means a building that—

(a) is a Class 1, 2, 3 or 4 building under the Building Code of Australia, and

(b) is in a habitable condition.