Land categorisation and the land management framework
Land in NSW is categorised into three main categories:
- Category 1 (exempt land)
- Category 2 (regulated land)
- excluded land.
Categorisation of land provides certainty to landholders and defines options available for each category for native vegetation management.
A native vegetation regulatory map is being developed by Office of Environment and Heritage and will be available in the near future.
What do the categories mean?
Category 1 - Exempt land is land that allows native vegetation clearing without approval from Local Land Services.
Category 2 land is divided into:
Category 2 - Regulated land, which is any Category 2 land that is not Vulnerable or Sensitive regulated land. Authorisation for native vegetation clearing may be required from Local Land Services.
Category 2 - Vulnerable regulated land is land where clearing of native vegetation may not be permitted under the Land Management (Native Vegetation) Code 2018, and a limited suite of allowable activities apply).
Category 2 - Sensitive regulated land - where clearing is not permitted, and
Excluded land refers to land outside of the land management framework.
Each land category is determined by various criteria as outlined in the Local Land Services Act 2013 (see Table 1 below).
Can I change the category of my land?
Landholders can apply for a review of categories on their land and it may be possible in certain circumstances to re-categorise:
- if land was lawfully cleared between 1990 and the commencement of the new Land Management Framework (25 August 2017)
- if land has been cleared in accordance with a private vegetation plan, or development consent or approval
- after applying the Continuing Use, Equity and Farm Plan parts of the Land Management (Native Vegetation) Code, or
- if land identified as Old Growth or Rainforest has been assessed by as not meeting the criteria for those communities.
What is the process for re-categorising land?
From 25 August 2017, the following mapping layers will be available:
- Category 2 - Vulnerable regulated land
- Category 2 - Sensitive regulated land
- Excluded land
Landholders will be able to view these land categories on their property and request a review if these categories appear inaccurate.
For the remaining categories, Category 1 - Exempt land and Category 2 - Regulated land, landholders can determine which category of land applies to their land but must consider the criteria shown in Table 1 below.
Table 1 - Criteria that applies to each land category
Exempt land (Category 1)
Land cleared of native vegetation as at 1 January 1990 or lawfully cleared after 1 January 1990
Low conservation grasslands
Land containing only low conservation groundcover (not being grasslands)
Native vegetation identified as regrowth in a Property Vegetation Plan under the repealed Native Vegetation Act 2003
Land bio-certified under the Biodiversity Conservation Act 2016 (BC Act)
Regulated land (Category 2) (not including vulnerable or sensitive land)
Land not cleared as at 1 January 1990 or unlawfully cleared after 1 January 1990
Native vegetation grown with the assistance of public funds (but clearing under the Land Management Code is not permitted on such land while the agreement providing the funds is in force)
Land that was subject to a private native forestry property vegetation plan (PVP) that is no longer in force
Grasslands that are neither low nor high conservation grasslands
Travelling stock reserves, apart from travelling stock reserves in the Western Division.
Vulnerable regulated land (subcategory of Category 2)
Steep or highly erodible land
Protected riparian areas
Land susceptible to erosion, or land that is otherwise environmentally sensitive.
Sensitive regulated land (subcategory of Category 2)
Land subject to a private land conservation agreement
A set aside under the Land Management Code
Land subject to a biocertification conservation measure
Land comprising an offset under a Property Vegetation Plan or set aside under a code under the Native Vegetation Act 2003
Coastal wetlands and littoral rainforests (Coastal Management Act 2016)
High conservation grasslands
Core Koala habitat identified in a plan of management (Koala Habitat Protection SEPP)
Critically endangered plants and critically endangered ecological communities
Ramsar wetlands (EPBC Act)
Land subject to remedial action or conservation measures under the BC Act
Land subject to a property, trust or conservation agreement
land recommended for listing as an Area of Outstanding Biodiversity Value
Land subject to a Private Native Forestry Plan or Private Native Forestry PVP that is in force
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
Rainforest and old-growth forest.
Local Land Services staff are available to help landholders determine the categories that apply to their land in the absence of a native regulatory map.
Contact Local Land Services on 1300 778 080, email firstname.lastname@example.org or contact your Local Land Services office.