Land categories

Criteria defined in the Local Land Services Act and Regulation

• Land cleared of native vegetation as at 1 January 1990 or lawfully cleared after 1 January 1990 and before 25 August 2017
• Land containing low conservation value grasslands or groundcover
• Native vegetation identified as regrowth in a Property Vegetation Plan (PVP) under the repealed Native Vegetation Act 2003 only where the PVP specifies a regrowth date
• Land bio-certified under the Biodiversity Conservation Act 2016

Criteria defined in the Local Land Services Act and Regulation

• Land not cleared of native vegetation as at 1 January 1990 or unlawfully cleared of native vegetation after 1 January 1990
• Land containing native vegetation grown or preserved using public funds
• Land subject to an expired remedial action to restore or protect the biodiversity values
• Land in the proximity area of a coastal wetland or littoral rainforest areas of the coastal zone under the Coastal Management Act 2016
• Land subject to (or previously subject to) a private native forestry plan under either the Forestry Act 2012 or the Native Vegetation Act 2003
• Land subject to a Private Native Forestry Plan or Private Native Forestry property vegetation plan (PVP) that is in force
• Land containing medium conservation value grasslands
• Land containing low conservation grasslands beneath the canopy or drip line of woody vegetation
• Land is a travelling stock reserve (unless the land is located in the Western Division)
• Land is otherwise prescribed by the Local Land Services Regulation as category 2–regulated land

Criteria defined in the Local Land Services Act and Regulation

• Steep (greater than 18 degrees from the horizontal) or highly erodible land
• Protected riparian areas
• Land that is otherwise environmentally sensitive

Criteria defined in the Local Land Services Act and Regulation

• Where the Environment Agency Head reasonably believes it to contain:
  • old growth forest, rainforest, critically endangered ecological communities or critically endangered plants, or core koala habitat
  • high conservation value grasslands
  • land recommended for declaration as areas of outstanding biodiversity value
  • Ramsar wetlands within the meaning of the Environment Protection and Biodiversity Conservation Act 1999 (Cth)
  • land described as Coastal Wetlands or Littoral Rainforest in the coastal zone referred to in the Coastal Management Act 2016
  • land subject to an approved conservation measure that was the basis for other land being biodiversity certified
  • conservation areas under the Southern Mallee Land Use Agreement
  • native vegetation that must be retained under the Plantation and Reafforestation Act 1999
  • land subject to a condition of development consent requiring the land to be set aside for conservation purposes under the Environmental Planning and Assessment Act 1979.
• Land contained in the following types of agreements:
  • biodiversity stewardship agreements, conservation agreements and wildlife refuge agreements made under the Biodiversity Conservation Act 2016
  • conservation agreement made under the National Parks and Wildlife Act 1974
  • trust agreements made under the Nature Conservation Trust Act 2001
  • conservation areas made under Southern Mallee Landuse Agreements
  • registered property agreements made under the Native Vegetation Conservation Act 1997
  • incentive or conservation property vegetation plans made under the Native Vegetation Act 2003 that have not expired.
• Land required to be set aside, offset or retained as a condition of development consent or subject to a remedial direction, including:
  • land required to be set aside under a code compliant certificate made under the Land Management (Native Vegetation) Code 2018
  • land currently subject to a remedial action to restore or protect biodiversity values
  • land required to be set aside under a Ministerial Order made under the Native Vegetation Act 2003
  • land established as an offset in a property vegetation plan made under the Native Vegetation Act 2003
  • land contains native vegetation that is required to be retained under a plantation authorisation made under the Plantations and Reafforestation Act 1999
  • the land is, by a condition of a development consent or approval under the Environmental Planning and Assessment Act 1979 notified to the Environment Agency Head, required to be set aside for nature conservation, for re-vegetation of native vegetation or as a native vegetation offset.

Where Category 2 sensitive and vulnerable regulated land map layers overlap, they are displayed on the native vegetation regulatory map as brown. Conditions for both categories need to be considered for land management in these areas.

Areas mapped as grey on the Native Vegetation Regulatory map are excluded land – Part 5A of the Act does not apply to excluded land.

Criteria

The Native Vegetation Regulatory map does not apply to some lands in New South Wales. These lands are generally non-rural, such as urban and industrial areas, or contain land that forms part of the national park and state forest estates.

Excluded land can also contain areas zoned for environmental or other conservation purposes.