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VEGETATION MANAGEMENT AND OTHER LEGISLATION AMENDMENT ACT 2018 - SECT 55

Amendment of s 814 (Excavating or placing fill without permit)

55 Amendment of s 814 (Excavating or placing fill without permit)

(1) Section 814 , heading, ‘Excavating’—
omit, insert—
Destroying vegetation, excavating
(2) Section 814 (1)—
omit, insert—
(1) A person must not do any of the following activities unless the person has a riverine protection permit to carry out the activity—
(a) destroy vegetation in a watercourse, lake or spring;
(b) excavate in a watercourse, lake or spring;
(c) place fill in a watercourse, lake or spring.
Penalty—
Maximum penalty—1,665 penalty units.
(3) Section 814 (2), after ‘does not apply to the’—
insert—
destruction of vegetation,
(4) After section 814 (2)—
insert—
(2AA) Also, subsection (1) does not apply to the destruction of vegetation—
(a) that is required under a requisition under the Fire and Emergency Services Act 1990 , section 69, for reducing the risk of fire; or
(b) that is permitted or required to be carried out under the Electrical Safety Act 2002 or the Electricity Act 1994 to prevent the obstruction of, or interference with, an electric line or the creation of an electrical hazard; or
(c) that is necessary for construction or maintenance of government supported transport infrastructure under the Transport Infrastructure Act 1994 ; or
(d) that happens as a necessary part of works carried out under this Act, other than under a licence, permit or notice; or
(e) that is regrowth (other than mulga or other fodder trees) following destruction of vegetation under a riverine protection permit issued less than 2 years previously; or
(f) that has been lawfully planted for woodlot, fodder, agriculture, forestry, garden or horticultural purposes; or
(g) that is necessary to prevent personal injury or property damage or to provide for emergency access.
(5) Section 814 (2A), ‘permit under section 269 ’—
omit, insert—
riverine protection permit
(6) Section 814 (5), definition
"prescribed assessable development" , paragraph (b), ‘ part 9 ’—
omit, insert—
part 5



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