Clearing in accordance with self-assessable codes
Self-assessable codes for managing native vegetation
The NSW Government is reforming native vegetation management in NSW to deliver multiple benefits and strike the right balance between efficient agricultural management and protecting the environment.
In doing so, a suite of self-assessable codes were gazetted on 20 November 2014 to allow for certain types of low-risk clearing activities. The three self-assessable codes are for:
The self assessible codes outline practical instructions on what vegetation can and cannot be cleared. They also detail how much and under what circumstance clearing of native vegetation can occur. If clearing is consistent with one of these codes, approval in the form of a property vegetation plan (PVP) will not be required.
Each code has been specifically drafted to provide multiple benefits to a landholder by reducing red tape, encouraging good vegetation management practices, while retaining conditions that protect the environment.
The codes will not apply in circumstances involving high-risk clearing activities near rivers and creeks, or areas that include threatened species. For these situations, a streamlined PVP process will still be available.
The self-assessable codes relating to the clearing of paddock trees and thinning of native vegetation will not apply on land subject to a private native forest PVP.
Local Land Services are available to help you learn about and apply the self-assessable codes. However, should you wish to have your LLS do the assessment for you, you can still obtain a PVP for management practices covered by a self-assessable code.
Landholder guides take you through the process of planning to clear in accordance with the codes. They explain how to undertake the site assessments required to determine what clearing and clearing methods can be used with a code.
You can find more information about self-assessable codes by accessing the questions and answers page, online information tools or by contacting your Local Land Services (LLS). Each code has been specifically drafted to provide multiple benefits to a landholder by reducing red tape, encouraging good vegetation management practices, while retaining conditions that protect the environment.
Fact sheets have also been developed to provide more detailed information on certain aspects of the codes.
The Native Vegetation Regulation 2013 requires that landholders give notice of their intention to clear in accordance with a self-assessable code 14 days before that clearing is carried out. This can be done by notifying their LLS using the Notification of Intended Clearing form or accessing the Online tools for assessment of native vegetation webpage.
Notification is important because it:
- provides an opportunity for LLSs to offer extension services to landholders
- provides a way to distinguish between lawful clearing under the self-assessable codes and unexplained and potentially unlawful clearing
- allows government and the community to understand the overall amount of clearing occurring under the self-assessable codes.
Failure to notify may attract a penalty notice of $200. Should the matter go to Court, however, the maximum penalty the Court may impose is $5500.
More information and help
You can find more information about self-assessable codes and landholder guides by accessing the questions and answers page, online information tools or by contacting you Local Land Services (LLS) office.
Page last updated: 09 October 2015