10/50 Code of Practice

First it is acknowledges that the onus is ultimately on individual Lot Owners to make their own inquiries regarding the application of the 10/50 Rule.

The applicability of the 10/50 Rule in Murrays Beach should be considered in the context of the additional criteria and requirements set out by the 10/50 Vegetation Clearing Code of Practice (NSW RFS, September 2015) and By-laws 20 and 22.

Whilst a property may be mapped as being within the 10/50 Entitlement Area, the landowner must also confirm that there are no additional exclusions as a result of the Code of Practice or other legal requirements.

Reference is made to Section 7.8 of the Code of Practice, which details circumstances where the 10/50 Rule does not apply (even if a property is mapped in the Entitlement Area) due to other legal obligations. Specifically, clearing under the 10/50 Rule cannot be inconsistent with:

· Any condition of a development consent or approval under the Environmental Planning & Assessment Act 1979 that identifies and requires the retention and management of vegetation for conservation purposes; and

· Any instrument under Section 88B of the Conveyancing Act 1919 that identifies and requires the retention and management of vegetation for conservation purposes.

Any clearing undertaken that breaches the above requirements or conditions would obviously be in breach of the 10/50 Rule.

What does By-law 20 say about tree removal in relation to bushfire and fuel management in particular?

For a full understanding of the requirements of By-law 20, we refer you to the Community Management Statement.

However, in summary, By-law 20 outlines the specific obligations on Lot Owners to not remove native trees or native understorey vegetation except as allowed by this By-law. Although By-law 20 does allow removal of trees for bush fire control, it is most likely that By-law 20 does not give automatic permission for tree removal; proof by way of a report from an independent expert in bush fire control may be required.

The 10/50 Vegetation Clearing Code of Practice can be found below.