140Exception to prohibition on burning native forest bio-material to generate electricity

#### 140 Exception to prohibition on burning native forest bio-material to generate electricity 140 Exception to prohibition on burning native forest bio-material to generate electricity > > (1) An occupier of premises who causes or allows native forest bio-material to be burned in electricity generating work in or on the premises is not guilty of an offence under section 139 if— > > > > > (a) a licence authorises the carrying out of scheduled activities in or on the premises, and > > > > > (b) the premises are nominated by the EPA, by notice published in the Gazette, for the purposes of this section, and > > > > > (c) the native forest bio-material was obtained from— > > > > > > > (i) trees cleared from land in accordance with— > > > > > > > > > (A) a development consent or other approval under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), or > > > > > > > > > (B) an authority or other approval issued by another State or Territory that corresponds or is similar to a development consent or other approval under that Act, or > > > > > > > (ii) the clearing of trees that is declared to be exempt development, within the meaning of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), or > > > > > > > (iii) trees or other vegetation removed or lopped by a roads authority in accordance with the [Roads Act 1993](/view/html/inforce/current/act-1993-033), section 88, or > > > > > > > (iv) land lawfully cleared as part of recovery or clean-up works in an area declared to be a natural disaster area for the purposes of disaster recovery funding arrangements administered jointly by the Commonwealth and the States and Territories, and > > > > > (d) the native forest bio-material does not comprise timber suitable for milling or other higher value use. > > > (2) The EPA may, by notice published in the Gazette, vary or revoke a nomination referred to in subsection (1)(b). > > > (3) In this section— > > > > higher value use includes the use of timber as mulch or wood chips for the purposes of— > > > > > (a) erosion and sediment control, or > > > > > (b) landscaping the land from which the timber was obtained.