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ARTICLE · 30 NOVEMBER 2009

Check Before You Chop – Recent Prosecutions Under The Native Vegetation Act 2003 (NSW)

Norton Rose Fulbright Australia
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The Native Vegetation Act 2003 (NSW) (NV Act) is the main piece of legislation that regulates the clearing of native vegetation land in NSW outside of urban (as defined) areas. Section 12(1) states that subject to certain exemptions, native vegetation must not be cleared,

AustraliaEnvironment
Rebecca Hoare
Rebecca Hoare
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The Native Vegetation Act 2003 (NSW) (NV Act) is the main piece of legislation that regulates the clearing of native vegetation land in NSW outside of urban (as defined) areas. Section 12(1) states that subject to certain exemptions, native vegetation must not be cleared, except in accordance with:

  • a development consent granted in accordance with the NV Act; or
  • a Property Vegetation Plan (PVP).

Section 12(2) of the NV Act provides that a person who carries out or authorises the carrying out of clearing in contravention of this section is guilty of an offence. The maximum penalty prescribed for this offence, which reflects the seriousness with which Parliament views the offence, is $1,100,000 and a further daily penalty of $110,000.

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