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

                                                             9
                                                       Noosa Council
                                            Temporary Local Planning Instrument
                                            (Protected Vegetation Overlay) 2014

      4.     Lopping, a tree, means cutting or pruning its branches, but does not include—
             (a)         removing its trunk; and
             (b)         cutting or pruning its branches so severely that it dies. (Sustainable Planning Act 2009, schedule 3)

 13   Relationship with planning schemes
                   If there is a difference between the assessment category for operational work
                   for clearing protected vegetation in the protected vegetation overlay area and
                   the assessment category for clearing vegetation in an assessment table of the
                   Noosa Plan, the higher assessment category is to prevail as follows—

                   (a)          self-assessable development is a higher assessment category than
                                exempt development; and

                   (b)          code assessable development is a higher assessment category than
                                exempt development and self-assessable development; and

                   (c)          impact assessable development is a higher assessment category
                                than exempt development, self-assessable development and code
                                assessable development.

Division 3                  Protected vegetation overlay code

14    Protected vegetation overlay code
                   The following provisions in this division comprise the protected vegetation
                   overlay code—

                   (a)          compliance with the protected vegetation overlay code (section
                                15);

                   (b)          overall outcomes for the protected vegetation overlay code
                                (section 16);

                   (c)          specific outcomes and probable solutions for the protected
                                vegetation overlay code (section 17).

15    Compliance
                   Operational work for clearing protected vegetation in the protected vegetation
                   overlay area complies with the protected vegetation overlay code if there is
                   compliance with—

                   (a)          the specific outcomes and overall outcomes of the protected
                                vegetation overlay code; or

                   (b)          the overall outcomes of the protected vegetation overlay code if
                                the clearing of protected vegetation does not comply with the
                                specific outcomes.

16    Overall outcomes

      (1)          The overall outcomes are the purpose of the protected vegetation overlay code.