10APreservation of trees and vegetation

10A Preservation of trees and vegetation

10A Preservation of trees and vegetation

(1) The objectives of this section are as follows—

(a) to preserve the amenity of the Parkes Activation Precinct through the preservation of trees and vegetation,

(b) to promote the conservation of native vegetation,

(c) to minimise the impact of development on native vegetation.

(2) This section applies to land identified as within an environmentally sensitive area on the State Environmental Planning Policy (Activation Precincts) 2020 Parkes Activation Precinct Environmentally Sensitive Areas Map.

(3) A person must not clear native vegetation on land to which this section applies without development consent.

(4) Development consent under subsection (3) must not be granted unless the consent authority is satisfied that, in relation to the disturbance of native vegetation caused by the clearing—

(a) there is no reasonable alternative available to the disturbance of the native vegetation, and

(b) any impact of the proposed clearing on biodiversity values is avoided or minimised, and

(c) the disturbance of the native vegetation will not increase salinity, and

(d) native vegetation inadvertently disturbed for the purposes of construction will be reinstated where possible on completion of construction, and

(e) the loss of remnant native vegetation caused by the disturbance will be compensated by revegetation on or near the land to avoid a net loss of remnant native vegetation, and

(f) the clearing of the vegetation is unlikely to cause or increase soil erosion, salination, land slip, flooding, pollution or other adverse land or water impacts.

(5) State Environmental Planning Policy (Biodiversity and Conservation) 2021, Chapter 2 does not apply to land to which this section applies.