New South Wales Consolidated Regulations
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BLUE MOUNTAINS LOCAL ENVIRONMENTAL PLAN 2005 - REG 54A
Bushland protection
54A Bushland protection
(1) Notwithstanding clause 32 (Land use matrix), development consent is not
required for vegetation clearing if a person clears, cuts down, tops, lops,
prunes, removes, injures or wilfully destroys any vegetation (not trees) in
accordance with-- (a) a written permit issued by the Council, which may be
given subject to such conditions as the Council considers necessary, or
(b)
an exception specified in subclause (4).
(2) Application for permits An
application for a permit referred to in subclause (1) (a) shall be accompanied
by-- (a) the written consent of the owner of the land, and
(b) the
information specified in clause 43 (Contents of site analysis plan) or
elsewhere in this Part that is relevant, in the opinion of Council, to
consider the environmental impact of the proposed vegetation clearing, and
(c) a method statement detailing the intended approach to undertaking the
proposed clearing work, and
(d) details of any proposed new plantings
(species, mature heights and spread), together with establishment and
maintenance details of those new plantings, with the level of detail being
sufficient to allow the Council to assess the adequacy of vegetation retention
and future landscape proposals.
(3) Considerations before issuing a permit
Before issuing a permit referred to in subclause (1) (a), the Council shall
consider the following matters-- (a) the zone objectives within Part 2,
Division 2 (Zone objectives) that apply to the land,
(b) the assessment
requirements and provisions within this Part that are relevant to the proposed
vegetation clearing, including the need to control runoff and erosion during
and after clearing,
(c) whether a vegetation management plan, prepared by a
suitably qualified person and detailing procedures and specifications
necessary to address any issues of concern, should be submitted for approval
prior to commencement of clearing work,
(d) the effect of any vegetation
clearing on the viability and quality of the bushland and, in particular, the
likelihood of the spread of weeds or of undesirable and exotic species in the
bushland.
(4) Exceptions Development consent or a written permission is not
required in relation to-- (a) the removal or clearing of any vegetation where
that removal or clearing is essential for emergency access or emergency works
authorised by the Council, the State Emergency Service or any public authority
(but only where the amount of vegetation removed is minimised as far as is
practicable), or
(b) the removal or clearing of vegetation in association
with the construction or use of a building or work for which development
consent has been granted, including the removal of vegetation and ongoing
maintenance of fuel load limits within identified and approved asset
protection zones, but only in accordance with the terms and conditions of that
consent, or
(c) a plant referred to in clause 55 (Weed management), except
for a plant that is a known sterile cultivated variety of these plants or a
plant referred to in clause 54 (2) (e) or (f), or
(d) the removal or trimming
of any vegetation in accordance with Part 2 of the Electricity Supply
(General) Regulation 2001 , or
(e) the removal or trimming of any vegetation
in accordance with sections 88, 107, 138 and 139 of the Roads Act 1993 , or
(f) the removal or clearing of any vegetation in conjunction with works
approved under Part 5 of the Act, or
(g) the removal or clearing of any
vegetation, but not trees, in any zone to which clause 14 (Locality management
within the villages) applies or within the Living--General zone or Living
Conservation zone, or
(h) the removal or clearing of any vegetation, but not
trees, for maintenance of a garden, within its existing boundaries, or
(i)
the removal or clearing of any vegetation, but not trees, for maintenance of
existing cleared areas or areas for which consent or a permit has been granted
authorising clearing, or
(j) the removal or clearing of native vegetation in
bushland for the purposes of creating gardens where-- (i) the work does not
involve the removal, injury or destruction of trees, and
(ii) the area to be
cleared is within 35 metres of a dwelling for which consent or a building
approval has been granted on the same allotment as the proposed clearing, and
(iii) the area to be cleared is not greater than 500m 2, and
(iv) the area to
be cleared is not development excluded land, and
(v) the area to be cleared
is not within the Protected Area--Escarpment Area or Protected Area--Riverine
Scenic Quality Corridor, and
(vi) the removal of native vegetation is not
contrary to any condition of any consent or any plan approved by the Council,
or
(k) the removal or clearing of vegetation in accordance with an order
issued by the Council under the provisions of the Act or the
Local Government Act 1993 , or
(l) the removal or clearing of any
vegetation, in accordance with the Surveying Act 2002 or any regulation made
under that Act, between properties for the purpose of enabling a survey to be
carried out along that boundary by a registered surveyor where no alternative
survey method is feasible, or
(m) the removal or clearing of vegetation where
that removal is consistent with a management plan approved by the Council for
landscaping or gardening works.
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