100RCarrying out vegetation clearing work in accordance with 10/50 Vegetation Clearing Code of Practice

100R Carrying out vegetation clearing work in accordance with 10/50 Vegetation Clearing Code of Practice

100R Carrying out vegetation clearing work in accordance with 10/50 Vegetation Clearing Code of Practice

(1) This section applies to the following buildings only—

(a) a building containing habitable rooms that comprises or is part of residential accommodation or a high-risk facility (but not if there is no lawful authority for the use of those rooms as habitable rooms),

(b) a building that is a farm shed (but not if there is no lawful authority for the use of the building as a farm shed).

(2) The owner of land in a 10/50 vegetation clearing entitlement area may carry out any of the following vegetation clearing work on the land if the work is carried out in accordance with the requirements of this section—

(a) the removal, destruction (by means other than by fire) or pruning of any vegetation (including trees or parts of trees) within 10 metres of an external wall of a building,

(b) the removal, destruction (by means other than by fire) or pruning of any vegetation, except trees or parts of trees, within 50 metres of an external wall of a building.

(3) Vegetation clearing work may be carried out under this section despite any requirement for a licence, approval, consent or other authorisation for the work made by the Biodiversity Conservation Act 2016 or the Environmental Planning and Assessment Act 1979 or any other Act or instrument made under an Act.

(4) A tree must not be removed or destroyed under subsection (2) (a) unless part of a trunk of that tree, having a circumference at a height of 1.3 metres above the ground of more than 0.3 metres, is within 10 metres of the external wall of the building.

(5) If there is no external wall of a building on land owned by a person that authorises particular vegetation clearing work under this section, the person may rely on an external wall of a building on adjoining land to authorise the clearing. However, the person must not carry out the work unless he or she has obtained the written consent to the particular vegetation clearing work of each owner of adjoining land on which there is an external wall of a building that could be used to authorise the work.

Note.