New South Wales Consolidated Acts

RURAL FIRES ACT 1997 - SECT 100RA

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 ,

(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 ,

(b) section 8 of the Subordinate Legislation Act 1989 .