100CCarrying out bush fire hazard reduction work

100C Carrying out bush fire hazard reduction work

100C Carrying out bush fire hazard reduction work

(1) An environmental planning instrument under the Environmental Planning and Assessment Act 1979 cannot prohibit, require development consent for or otherwise restrict the doing of—

(a) emergency bush fire hazard reduction work on any land, or

(b) managed bush fire hazard reduction work on land other than excluded land.

(2) Part 5 of the Environmental Planning and Assessment Act 1979 does not apply to or in respect of emergency bush fire hazard reduction work carried out on any land.

(3) Part 5 of the Environmental Planning and Assessment Act 1979 does not apply to or in respect of managed bush fire hazard reduction work carried out on land other than excluded land if—

(a) the work is carried out in accordance with a bush fire risk management plan that applies to the land, and

(b) there is a bush fire hazard reduction certificate in force in respect of the work and the work is carried out in accordance with any conditions specified in the certificate, and

(c) the work is carried out in accordance with the provisions of a bush fire code applying to the land specified in the certificate.

Note.

If work to which Part 5 of the Environmental Planning and Assessment Act 1979 would apply but for this subsection is not carried out in accordance with this subsection, the person carrying out the work will be in breach of that Act.

(4) Bush fire hazard reduction work may be carried out on land despite any requirement for a licence, approval, consent or other authorisation for the work made by the Biodiversity Conservation Act 2016, the National Parks and Wildlife Act 1974 or any other Act or instrument made under an Act only if—

(a) the work is carried out in accordance with a bush fire risk management plan that applies to the land, and

(b) there is a bush fire hazard reduction certificate in force in respect of the work and the work is carried out in accordance with any conditions specified in the certificate, and