37Clearing of land

37 Clearing of land

37 Clearing of land

(1) Environmental management objectives The environmental management objectives of this clause are to ensure that the development of land has minimal impact on the biodiversity of native vegetation and to encourage environmental conservation works to enhance wildlife corridors or links and remnant stands of vegetation within the rural area.

(2) Consent required for clearing A person must not clear land except with development consent.

(3) Exception Despite subclause (2), a person may clear land without development consent if the clearing comprises a maximum of 7 trees per annum from a property for farm management and fencing purposes.

(4) What must be included in an assessment by the consent authority? Consent must not be granted to clearing of vegetation on land in a rural zone unless the consent authority has taken into consideration the following—

(a) the impact of the proposed development on the movement of native fauna,

(b) the impact of the proposed development on any regionally or locally rare communities, populations, species or ecologically significant habitats,

(c) the potential for undertaking environmental conservation works to enhance the biodiversity values of the land,

(d) the impact of the proposed development on any endangered or vulnerable species, populations or ecological communities and their habitats.

(5) What must the consent authority be satisfied about before granting consent? Consent must not be granted for clearing unless the consent authority is satisfied that—

(a) there is no reasonable alternative to the removal of the vegetation to be cleared, and

(b) the proposed development will not have an unacceptable visual impact on the scenic quality of the area, and

(c) the amount of the vegetation proposed to be removed is minimal, and

(d) opportunities for planting local native plant species elsewhere on the land have been considered, and

(e) the proposed development will not threaten the integrity of any unbroken natural tree canopy cover or create smaller discrete parcels of vegetation from an existing stand.