Tasmanian Numbered Acts

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FOREST PRACTICES AMENDMENT (THREATENED NATIVE VEGETATION COMMUNITIES) ACT 2006 (NO. 35 OF 2006) - SECT 5

Section 3A inserted
After section 3 of the Principal Act , the following section is inserted in Part I:

3A.     Meaning of "clearance and conversion"

(1)  In this Act –
clearance and conversion , of a threatened native vegetation community, means the deliberate process of removing all or most of the threatened native vegetation community from an area of land and –
(a) leaving the area of land, on a permanent or extended basis, in an unvegetated state; or
(b) replacing the threatened native vegetation so removed, on a permanent or extended basis, with any, or any combination of, the following:
(i) another community of native vegetation;
(ii) non-native vegetation;
(iii) agricultural works;
(iv) residential, commercial or other non-agricultural development; or
(c) doing a combination of any of the things referred to in paragraphs (a) and (b) .
(2)  To avoid doubt, a management practice does not constitute the clearance and conversion of a threatened native vegetation community from any land unless the management practice is carried out to deliberately remove, or carried out as part of a process to deliberately remove, all or most of the threatened native vegetation community from the land on a permanent or extended basis.
(3)  In this section –
agricultural works includes, but is not limited to, the following:
(a) farm sheds and workshops;
(b) farm dams and irrigation facilities;
(c) farm storage and processing facilities;
(d) farm access roads and easements;
(e) farm fencing;
management practice means any of the following:
(a) applying fertilizer or changing the nature or scale of a fertilizer regime;
(b) burning off to reduce wildfire fuel;
(c) constructing fire-breaks;
(d) mowing, slashing or scything grasses or undergrowth;
(e) pruning, trimming or lopping vegetation for work safety purposes or to ensure the health of specific specimens of vegetation or vegetation communities;
(f) removing or controlling noxious weeds;
(g) grazing of livestock;
(h) harvesting of timber or other vegetation products;
remove means remove by any direct or indirect means or combination of means, including but not limited to the following:
(a) burning;
(b) clearfelling;
(c) cutting down;
(d) drowning;
(e) lopping;
(f) ploughing;
(g) poisoning;
(h) ringbarking;
(i) thinning;
(j) uprooting.



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