100RARural Boundary Clearing Code

#### 100RA Rural Boundary Clearing Code 100RA Rural Boundary Clearing Code > > (1) The Minister may make a code (the Rural Boundary Clearing Code) for the purposes of this Division. > > > (2) Power to make the Rural Boundary Clearing Code includes power to amend or repeal the Code. > > > (3) The Minister cannot make, amend or repeal the Rural Boundary Clearing Code except with the written agreement of all of the following Ministers— > > > > > (a) the Minister for Planning and Public Spaces, > > > > > (b) the Minister for Energy and Environment, > > > > > (c) the Minister for Agriculture and Western New South Wales. > > > (4) The Rural Boundary Clearing Code may make provision for or with respect to the clearing of vegetation on land in a rural zone for the purpose of bush fire hazard reduction. > > > (5) Without limiting subsection (4), the Rural Boundary Clearing Code may make provision for or with respect to the following— > > > > > (a) the type of vegetation that can and cannot be cleared, > > > > > (b) specifying the manner of clearing vegetation that can be cleared, > > > > > (c) requiring the consent of an owner or occupier or other person as a precondition to the clearing of vegetation, > > > > > (d) the clearing of vegetation in habitats of threatened species within the meaning of the [Biodiversity Conservation Act 2016](/view/html/inforce/current/act-2016-063), > > > > > (e) the clearing of vegetation in riparian corridors, > > > > > (f) the management of soil erosion and landslip risks in connection with the clearing of vegetation, > > > > > (g) the protection of Aboriginal and other cultural heritage in connection with the clearing of vegetation. > > > (6) The Rural Boundary Clearing Code may do 1 or more of the following— > > > > > (a) apply generally or be limited in its application by reference to specified exceptions or factors, > > > > > (b) apply differently according to different factors of a specified kind, > > > > > (c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body. > > > (7) The Rural Boundary Clearing Code— > > > > > (a) must be published in the Gazette, and > > > > > (b) takes effect on the day on which it is published in the Gazette. > > > (8) The Rural Boundary Clearing Code is to be made publicly available, as soon as practicable after publication in the Gazette, by publishing it on the NSW Rural Fire Service website. > > > (9) The following provisions apply to the Rural Boundary Clearing Code, and to publication of the Code in the Gazette, in the same way as they apply to a statutory rule, and to publication of a statutory rule on the NSW legislation website— > > > > > (a) sections 40 and 41 of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015), > > > > > (b) section 8 of the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146). > > **s 100RA:** Ins 2020 No 37, Sch 1\[26\].