New South Wales Consolidated Acts

RURAL FIRES ACT 1997 - SECT 100RB

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 or the Environmental Planning and Assessment Act 1979 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--

(a) Environmental Planning and Assessment Act 1979 ,

(b) Fisheries Management Act 1994 ,

(c) Heritage Act 1977 ,

(d) Part 5A of the Local Land Services Act 2013 ,

(e) Protection of the Environment Operations Act 1997 ,

(f) Soil Conservation Act 1938 .

(4) To avoid doubt, this section does not limit or prevent the clearing of vegetation authorised under the Local Land Services Act 2013 .

(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.