Nature conservation

Native vegetation

Native Vegetation Regulation 2005

The Native Vegetation Regulation 2005 (NV Regulation) underpins the Native Vegetation Act 2003. The Regulation sets out the Environmental Outcomes Assessment Methodology (EOAM). Catchment Management Authorities (CMAs) use the EOAM to assess clearing proposals for both Property Vegetation Plans (PVPs) and Development Consents. The NV Regulation also has provisions for private native forestry (PNF) operations, including the PNF Code of Practice; vulnerable or State protected land; exemptions for routine agricultural management activities (RAMAs); and a number of other matters.

Review of the Native Vegetation Regulation

The NSW Government is undertaking a review of the NV Regulation, the EOAM and the Private Native Forestry Code of Practice.

If you would like to stay up to date with the review please email your details to native.vegetation@environment.nsw.gov.au to be added to our Register of Interest.

You can also tell us your experiences and views on the way the government regulates native vegetation through the native vegetation survey.

Latest amendments to the NV Regulation

A number of amendments to the NV Regulation were made in February 2008. These are outlined below.

Private Native Forestry (PNF)

The amendments to PNF provisions correct some errors in the recently gazetted Native Vegetation Amendment (Private Native Forestry) Regulation 2007. They include:

  • a revised version of the PNF Code correcting editorial and typographical errors
  • specifying the features that must be shown on a PNF PVP map
  • allowing restricted use of routine agricultural management activities (RAMAs) on land subject to a PNF PVP
  • revision of how an impact of the Code of more than 10% is determined to trigger the minor variation clause (to vary application of the Code)
  • setting a termination date for consents granted under the Native Vegetation Conservation Act 1997 with no end date
  • showing area approved for clearing in hectares under a PNF PVP on the public register.

Minor variation and landscape planning

The amendment aims to provide greater flexibility in the use of minor variation, particularly to facilitate the clearing of degraded vegetation in exchange for good quality offsets. Specifically, the amendments to Clause 27 of the NV Regulation mean that classification of condition, vegetation type or landscape type and the assessment of the regional value of vegetation can be varied in the assessment methodology, if the proposed clearing will improve or maintain environmental outcomes and will have additional conservation benefits on a landscape scale. A decision must be made in line with an assessment protocol that has been approved by the Minister. All assessment protocols approved by the Minister are to be published on the OEH's website.

Local government infrastructure

In February 2007 the NSW Government amended the Native Vegetation Regulation 2005 to provide a routine agricultural management activity (RAMA) for essential local government infrastructure. The Local Government Infrastructure RAMA covers sewage treatment works, waste disposal landfill operations (rubbish tips), waste management facilities (including recycling depots and transfer stations), water supply works, gravel pits, and cemeteries. In February 2008 this RAMA was amended to include public outdoor recreation facilities (such as playing fields and playgrounds).

The RAMA allows clearing of two hectares or less of native vegetation, provided the vegetation does not comprise: a threatened species or threatened ecological community under the Threatened Species Conservation Act 1995, habitat of threatened species, populations or ecological communities of fish, or an over-cleared vegetation type. Larger areas of clearing will still require a PVP. Special exemptions are available for sites identified or purchased for infrastructure on or before 31 August 2006.

Consultation is required between councils and CMAs regarding site selection, sensitive native vegetation and any managed area that a council may wish to protect. Details of clearing will be provided on the Public Register.

Practical benefits of the Local Government Infrastructure RAMA includes:

  • essential infrastructure on already purchased sites can proceed quickly without a clearing PVP
  • better location of new local government infrastructure that avoids sensitive native vegetation
  • streamlined and faster approvals for essential services to rural communities
  • protection for native vegetation of high conservation value
  • encouraging councils to identify managed areas when clearing native vegetation
  • improved environmental outcomes where managed areas are protected as part of the development.

Minor clearing resulting in improved native vegetation condition (Clause 28 policies)

Under the Native Vegetation Act 2003 clearing is defined as cutting down, felling, thinning, logging, removing, killing, destroying, poisoning, ringbarking, uprooting or burning native vegetation including native grasses and herbage. Proposed clearing requires a Property Vegetation Plan (PVP) or consent.

Where activities involving minor clearing of native vegetation are likely to improve the condition of native vegetation or prevent its long term degradation, such as rehabilitation activities, a policy describing these activities can be approved by the Minister under Clause 28 of the Native Vegetation Regulation 2005. These policies will cover one or more Catchment Management Authority areas. PVPs involving these activities in these areas will be assessed against the Clause 28 policy rather than the Environmental Outcomes Assessment Methodology in the Native Vegetation Act 2003. This simplifies the approval process for these activities.

Clause 28 policies approved by the Minister:

Page last updated: 18 November 2011