NSWIn ForceAct
Rural Fires Act 1997
100RBCarrying out vegetation clearing work in accordance with Rural Boundary Clearing Code
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#### 100RB Carrying out vegetation clearing work in accordance with Rural Boundary Clearing Code
100RB Carrying out vegetation clearing work in accordance with Rural Boundary Clearing Code
> > (1) Vegetation clearing work may be carried out on a holding under this section if all of the following apply—
> >
> > > (a) the vegetation clearing work is carried out within 25 metres of the holding’s boundary with adjoining land,
> >
> > > (b) the vegetation clearing work is carried out on land in a rural zone,
> >
> > > (c) the vegetation clearing work is carried out by or with the authority of the owner of the holding,
> >
> > > (d) the vegetation clearing work is carried out for the purpose of bush fire hazard reduction,
> >
> > > (e) a Rural Boundary Clearing Code is in force under this Division,
> >
> > > (f) the vegetation clearing work is carried out in accordance with the Rural Boundary Clearing Code.
>
> > (2) 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 (other than the Rural Boundary Clearing Code).
>
> > (3) A person is not guilty of an offence under any of the following Acts merely because of the carrying out of vegetation clearing work under this section—
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> > > (a) [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203),
> >
> > > (b) [Fisheries Management Act 1994](/view/html/inforce/current/act-1994-038),
> >
> > > (c) [Heritage Act 1977](/view/html/inforce/current/act-1977-136),
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> > > (d) Part 5A of the [Local Land Services Act 2013](/view/html/inforce/current/act-2013-051),
> >
> > > (e) [Protection of the Environment Operations Act 1997](/view/html/inforce/current/act-1997-156),
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> > > (f) [Soil Conservation Act 1938](/view/html/inforce/current/act-1938-010).
>
> > (4) To avoid doubt, this section does not limit or prevent the clearing of vegetation authorised under the [Local Land Services Act 2013](/view/html/inforce/current/act-2013-051).
>
> > (5) In this section—
> >
> > holding means—
> >
> > > (a) a parcel of land, or
> >
> > > (b) several parcels of land (whether held under the same title or different titles, or titles of different kinds) that—
> > >
> > > > (i) are contiguous with one another or are separated from one another only by a road, river, creek or other watercourse, and
> > >
> > > > (ii) constitute or are worked as a single property.
>
> **s 100RB:** Ins 2020 No 37, Sch 1\[26\].