NSWIn ForceAct
Rural Fires Act 1997
100RARural Boundary Clearing Code
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#### 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.
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> > (2) Power to make the Rural Boundary Clearing Code includes power to amend or repeal the Code.
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> > (3) The Minister cannot make, amend or repeal the Rural Boundary Clearing Code except with the written agreement of all of the following Ministers—
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> > > (a) the Minister for Planning and Public Spaces,
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> > > (b) the Minister for Energy and Environment,
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> > > (c) the Minister for Agriculture and Western New South Wales.
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> > (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.
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> > (5) Without limiting subsection (4), the Rural Boundary Clearing Code may make provision for or with respect to the following—
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> > > (a) the type of vegetation that can and cannot be cleared,
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> > > (b) specifying the manner of clearing vegetation that can be cleared,
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> > > (c) requiring the consent of an owner or occupier or other person as a precondition to the clearing of vegetation,
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> > > (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),
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> > > (e) the clearing of vegetation in riparian corridors,
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> > > (f) the management of soil erosion and landslip risks in connection with the clearing of vegetation,
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> > > (g) the protection of Aboriginal and other cultural heritage in connection with the clearing of vegetation.
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> > (6) The Rural Boundary Clearing Code may do 1 or more of the following—
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> > > (a) apply generally or be limited in its application by reference to specified exceptions or factors,
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> > > (b) apply differently according to different factors of a specified kind,
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> > > (c) authorise any matter or thing to be from time to time determined, applied or regulated by any specified person or body.
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> > (7) The Rural Boundary Clearing Code—
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> > > (a) must be published in the Gazette, and
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> > > (b) takes effect on the day on which it is published in the Gazette.
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> > (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.
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> > (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—
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> > > (a) sections 40 and 41 of the [Interpretation Act 1987](/view/html/inforce/current/act-1987-015),
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> > > (b) section 8 of the [Subordinate Legislation Act 1989](/view/html/inforce/current/act-1989-146).
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> **s 100RA:** Ins 2020 No 37, Sch 1\[26\].