2014-01-28 Planning & Organisation Committee Item 4.4 Attachment 1

                                                    6
                                              Noosa Council
                                   Temporary Local Planning Instrument
                                   (Protected Vegetation Overlay) 2014




     Table 1         Protected vegetation

                Column 1                                            Column 2
           Protected vegetation                                Protected vegetation
               overlay area

     Prescribed Noosa area              1.    Category 1, 2 and 3 lots (refer to schedule 1) – all
                                              vegetation
                                        2.    Category 4 lot – the vegetation identified as protected
                                              vegetation for a property vegetation management plan in
                                              schedule 2

11   Exempt clearing
     (1)       Protected vegetation in the protected vegetation overlay area may be cleared in the
               circumstances stated in this section (exempt clearing).

     (2)       The following is exempt clearing in the prescribed Noosa area of the protected
               vegetation overlay area—

               (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 in schedule 3;

               (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 structure; and

                          (ii)     the clearing is reasonably necessary for access to the building or
                                   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;