Nature conservation

Biodiversity Reform

Land management

The Local Land Services Act, as amended by the Local Land Services Amendment Act (LLSA Act), now provides a new regulatory framework for the management of native vegetation in NSW.

A Native Vegetation Regulatory (NVR) Map has been developed and identify rural land that is regulated under the new land management framework. Landholders will be able to review the categories of vegetation as depicted on the regulatory map for their property. The new State Environmental Planning Policy (Vegetation) 2017 (Vegetation SEPP) will regulate clearing of native vegetation in urban and to all other land in NSW that is zoned for environmental conservation/management.

The new Land Management (Native Vegetation) Code will support landholders to manage their land to ensure more productive farming methods and systems, while responding to environmental risks. Some clearing under the Land Management Code will require land to be set aside, which will be listed in a new public register. Clearing of some native vegetation may be carried out without approval for the purposes of allowable activities.

Higher impact clearing will require approval from a new Native Vegetation Panel, and landholders will be required to assess and offset the biodiversity impacts of approved clearing.

For more information visit Local Land Services.

Compliance

Due to the order made by the Land and Environment Court invalidating the Land Management (Native Vegetation) Code 2017 (2017 Code), NSW landholders who have undertaken activities based on certifications or notifications under the 2017 Code since it commenced in August 2017 may be concerned that it could impact the legality of their activities and put them at risk of compliance action.

Office of Environment and Heritage (OEH) recognises that these landholders undertook activities in good faith at a time when the 2017 Code was understood to be a legal instrument. As such, OEH has determined it will not take compliance action in relation to clearing if:

  • landholders comply with the conditions on their certificates, including set-asides
  • clearing is consistent with the notifications and certificates issued under the Code.

Local Land Services will also work with landholders to promptly issue certificates under the new Code with the same conditions, including set asides.

See the Office of Environment and Heritage approach to managing compliance actions for alleged unlawful clearing under the Native Vegetation Act (PDF 31KB).

Our Compliance Policy provides guidance on our responsibilities in protecting natural environment and cultural and historic heritage assets across NSW. Download our Compliance Policy.

Page last updated: 09 March 2018