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VEGETATION MANAGEMENT AND OTHER LEGISLATION AMENDMENT ACT 2005 No. 41 - SECT 5

5 Insertion of new pt 6, div 3

After section 80--

insert--

'(1) This section applies to the clearing of vegetation carried out--

(a) after the commencement of this section; and
(b) under the authority of a permit--
(i) issued under the Water Act 2000, section 269; and
(ii) in force immediately before the commencement of this section; and
(c) in a watercourse or lake; and
(d) on land other than freehold land.

'(2) The clearing is taken to be lawfully carried out under this Act and the Planning Act even if there is, for the clearing, no development permit given for operational work under the Planning Act, schedule 8, part 1, table 4, items 1A to 1G.

'(1) This section applies to the clearing of vegetation carried out--

(a) after 20 May 2004 but before the commencement of this section; and
(b) to the extent necessary for an activity approved under another Act; and
(c) in a watercourse or lake; and
(d) on land other than freehold land.

'(2) The clearing is taken to have been lawfully carried out under this Act and the Planning Act even if there was, for the clearing, no development permit given for operational work under the Planning Act, schedule 8, part 1, table 4, items 1A to 1G.

'(3) In this section--

activity does not include an activity relating to a development approval under the Planning Act given for a material change of use of premises or the reconfiguration of a lot.

'(1) Each relevant code--

(a) is valid, and has effect, as a regional vegetation management code under this Act; and
(b) is taken, on and from its approval or purported approval under section 75(2), always to have been valid, and always to have had effect, as a regional vegetation management code under this Act.

'(2) Without limiting subsection (1), the subsection applies--

(a) despite the following provisions (including any requirements included in the following provisions)--
(i) part 2, division 3 as in force before 21 May 2004;
(ii) part 2, division 3 as in force on or after 21 May 2004;
(iii) section 75; and
(b) even if a relevant instrument for the relevant code was certified, or was prepared and certified, or otherwise came into existence, after the relevant code was approved, or purportedly approved, under section 75(2).

'(3) In this section--

relevant code means a document that the Minister, on or after 21 May 2004 but before 26 June 2004, approved under section 75(2), or purportedly approved under section 75(2), as a regional vegetation management code.

relevant instrument, for a relevant code, means a map, plan or other document certified, prepared and certified, or otherwise coming into existence, for the purposes of a relevant provision of the relevant code.

relevant provision, of a relevant code, means a provision of the relevant code that incorporates by reference, whether in general or specific terms, or otherwise provides for or refers to, a map, plan or other document.'.



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