Other legislation and the NV Act
Legislation other than the Native Vegetation Act 2003 (NV Act) may affect the clearing of native vegetation in certain circumstances.
Understand how clearing on
Crown Land, for example leasehold land in the Western Division of NSW, is regulated by the NV Act.
Get information on how clearing consents issued by
local councils may be affected by the NV Act.
For more information see Info Sheet 13 (nvinfosheet.pdf, 142KB).
The Native Vegetation Conservation Act 1997 (NVC Act) was repealed in 2005 with the introduction of the NV Act, however the NVC Act is still effective. It is still responsible for the regulation of:
- Clearing living native vegetation, exotic and dead trees in local government areas on Schedule 1 of the NVC Act (Sydney metropolitan and Newcastle local government area (but not Wollongong LGA)). Contact Sydney metropolitan or Newcastle councils for more information
- Clearing exotic and dead trees on State Protected Land. See Info Sheet 15 (nvinfosheet.pdf, 1.62MB) for more information
- Some private native forestry Development Consents issued under the revoked NVC Act.
The Native Vegetation Act 2003 (NV Act) does not override any requirement to obtain consent from a local council where a Local Environment Plan (LEP) requires approval for the clearing of native vegetation under the Environmental Planning and Assessment Act 1979. However, once a Property Vegetation Plan (PVP) is approved or Development Consent is granted under the NV Act, any subsequent change to an environmental planning instrument cannot prohibit, restrict or otherwise affect the approved PVP or Development Consent.
Where council has granted Development Consent under its LEP and clearing is required to undertake the activity then approval may also be required under the NV Act.
The exception to this is that clearing for the construction of a single dwelling that has Development Consent from council is deemed also to have approval under the NV Act. This deemed clearing approval extends only to those activities that are subject of the council development consent for that single dwelling which might include, for example, road access and the installation of power lines. The NV Act requires that such clearing be to the minimum extent necessary.
Where land is rezoned so that it is subsequently excluded from the NV Act, any agreed PVP, including approved clearing, offsets and management actions that applied to that land, continue to be binding on future owners. Contact your local council or Catchment Management Authority (CMA) for further advice.
For more information on local government issues, see Info Sheet 17 (nvinfosheet17.pdf, 254KB). For more information on clearing for essential local government infrastructure, see Info Sheet 20 (nvinfosheet20.pdf, 196KB).
You may require a licence under the Protection of the Environment Operations Act 1997 (POEO Act) for certain types of clearing that involve burning. Contact the NSW Rural Fire Service and your local council fire officer before work commences to determine your responsibilities under this Act.
You may also require a licence under the POEO Act if there is a risk of contamination of any waterway with sediment or herbicide during clearing. Contact your local council in the first instance, or DECC before work commences, to determine your responsibilities.
Under Section 90 of the National Parks and Wildlife Act 1974 it is an offence to knowingly damage or destroy Aboriginal archaeological objects without prior consent from DECC. If an Aboriginal archaeological site is discovered during clearing, work must cease immediately. For more information on Section 90 consents see the Heritage registers.
An approval under the Native Vegetation Act 2003 does not remove the obligation of landholders to obtain approval under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999, where necessary. Actions that are likely to have a significant impact on a matter of national environmental significance, such as World or National Heritage Areas, Ramsar wetlands, nationally listed threatened species and ecological communities, and migratory species, need to be referred to the Commonwealth Department of the Environment and Heritage to determine if an approval is required. Your local CMA or council can provide advice.
Page last updated: 30 March 2011
