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](/view/html/inforce/current/act-2016-063) or the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203) 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. > > > > For example, a tree on a person’s land that is more than 10 metres away from the person’s home but that is within 10 metres of the homes of 2 neighbours could be removed under this section only if both of those neighbours provide written consent. > > > (6) Vegetation clearing work is not authorised to be carried out under this section on land unless it is carried out by or with the authority of the owner of the land. > > > (7) Vegetation clearing work is not authorised to be carried out under this section unless it is carried out in accordance with the 10/50 Vegetation Clearing Code of Practice. > > > (8) The Commissioner may prescribe in the 10/50 Vegetation Clearing Code of Practice whether, for the purposes of this section, particular rooms of a building are or are not habitable and what is or is not an external wall of a building. > > > (9) A person is not guilty of an offence under any of the following Acts merely because of the carrying out of vegetation clearing work in accordance with this section— > > > > > (a) (Repealed) > > > > > (b) [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203), > > > > > (c) [Fisheries Management Act 1994](/view/html/inforce/current/act-1994-038), > > > > > (d) [Heritage Act 1977](/view/html/inforce/current/act-1977-136), > > > > > (e) Part 5A of the [Local Land Services Act 2013](/view/html/inforce/current/act-2013-051), > > > > > (f) [Protection of the Environment Operations Act 1997](/view/html/inforce/current/act-1997-156), > > > > > (g) [Soil Conservation Act 1938](/view/html/inforce/current/act-1938-010). > > > (10) In this section— > > > > lawful authority means development consent or other lawful authority under the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203). > > **s 100R:** Ins 2014 No 32, Sch 1 \[9\]. Subst 2015 No 20, Sch 1 \[4\]. Am 2016 No 20, Sch 4.6 \[2\]; 2018 No 59, Sch 2 \[18\]; 2020 No 37, Sch 1\[24\] \[25\].