Clearing requiring approval
Clearing native vegetation or protected regrowth requires approval under the Native Vegetation Act 2003 (NV Act) unless the clearing is a permitted activity. This includes clearing of individual plants and applies to all layers of vegetation from groundcover to canopy trees.
Protected regrowth is native vegetation that has regrown since the regrowth date of 1990 (or 1983 in the Western District), but is protected because it has regrown on vulnerable land or has been identified as protected regrowth in a Property Vegetation Plan (PVP), an environmental planning instrument, a natural resources management plan or an interim protection order under the NV Act. It also includes native vegetation that is regrowth that has been grown or preserved with the assistance of public funds granted for biodiversity conservation purposes.
Groundcover is defined as "any type of herbaceous vegetation". Herbaceous plants are those that are fleshy, including grasses, forbs, herbs and similar low-growing, non-woody plants. Approval is required to clear groundcover that comprises greater than 50% of species native to NSW. For more information on assessing groundcover, see Info Sheet 12 (nvinfosheet12.pdf, 220KB).
Where clearing does require approval, landholders may apply to their local Catchment Management Authority (CMA) either to prepare a PVP or make an application for Development Consent. PVPs are negotiated agreements between a landholder and a CMA, where offsets can be used to counteract the negative impact of the clearing in order to meet the ‘improve or maintain’ test of the NV Act. A Development Consent cannot be granted unless the clearing itself improves or maintains environmental outcomes because offsets are not available.
For more information see Info Sheet 5 (nvinfosheet5.pdf, 201KB).
Page last updated: 27 February 2011
