2019-12-11 SM Agenda - Item 1 - Attachment 4 - Final New Noosa Plan Part 8-9 Schedule Appendix Track Change version

     (b)   land mapped on an overlay map;
     (c)   watercourses, drainage lines and ridges; and
     (d)   native habitat and wildlife corridors.

     Exempt clearing
     exempt clearing means—
     (a)   clearing which is a property maintenance activity;
     (b)   clearing which is reasonably necessary for emergency access or work or is immediately required in response to an accident
           or emergency;
     (c)   clearing on a category 4 lot identified as exempt clearing for a property vegetation management plan prepared and approved
           in accordance with Local Law No. 10 (Vegetation Management) ;
     (d)   clearing which is reasonably necessary for carrying out work that is—
           (i)     authorised or required under an Act, regulation or local law; or
           (ii)    specified in a notice given by the local government or another regulatory authority;

     (e)   clearing in accordance with a development approval;
     (f)   clearing on a category 1 lot, where—
           (i)     the vegetation is within three (3) metres of an existing building or class 10a structure; and
           (ii)    the clearing is reasonably necessary for access to the building or class 10a structure or has been approved in a
                   landscape plan; and
           (iii)   the vegetation is not otherwise required to be retained in accordance with a development approval;

     (g)   clearing on a category 2 lot or category 3 lot, where—
           (i)     the vegetation is within ten (10) metres of an existing building or class 10a structure; and
           (ii)    the clearing is reasonably necessary for access to the building or class 10a structure or has been approved in a
                   landscape plan; and
           (iii)   the vegetation is not otherwise required to be retained in accordance with a development approval;

     (h)   clearing on a category 3 lot or category 4 lot greater than ten (10) hectares in area, where—
           (i)     the vegetation is within 30 metres of a building or within ten(10) metres of a class 10a structure; and
           (ii)    the clearing is reasonably necessary for the control of bushfire risk to the building or class 10a structure ; and
           (iii)   the vegetation is not otherwise required to be retained in accordance with a development approval;

     (i)   clearing vegetation within the path of a utility service;
     (j)   clearing on a category 1, 2 or 3 lot, where the clearing —

           (i)     is pruning of native vegetation for the purpose of tree maintenance or hazard management; and
           (ii)    results in no more than 20% loss of the live canopy volume of a tree within a 12 month period; and
           (iii)   does not involve lopping or topping;

     (k)   the clearing is on a category 1, 2 or 3 lot, where the clearing is to vegetation that is regrowth other than the following—
           (i)     vegetation in an area identified as a landslide hazard area on a Landslide Hazard and Steep Land Overlay map;
           (ii)    vegetation which is an endangered, vulnerable and near threatened plant as defined by the Nature Conservation
                   (Wildlife) Regulation 2006;
           (iii)   vegetation which is critically endangered or vulnerable flora as defined by the Commonwealth Environment Protection
                   and Biodiversity Conservation Act 1999;
           (iv)    heathland;
           (v)     riparian vegetation;
           (vi)    vegetation in a critical habitat under the Natural Conservation Act 1992;
           (vii)   vegetation in an area that has been cleared in contravention of a local law including the former local law;
     (l)   clearing on land that is identified as an agricultural land conservation area identified on the Strategic Framework Map 2
           (Economy & Employment);
     (m)   clearing in the course of a fire management activity;
     (n)   clearing in the course of a forest practice;



**FINAL DRAFT - Post Consultation 2019**                                                                                                 Page 26 of 38