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Land management code - continuing use

This fact sheet provides guidance for landholders using the continuing use part of the Land Management (Native Vegetation) Code 2018 (The code). The continuing use category allows landholders to continue using land management practices that were in place prior to the commencement of the Land Management Framework. It includes specific provisions for managing woody native regrowth, continuation of land management activities post 1990 and continuation of rotational activities.

Managing woody native regrowth in native pastures

This division allows you to clear native trees and shrubs that have regrown since 1 January 1990, unless they have regrown:

  • following unlawful clearing, or
  • following clearing caused by bushfire, flood or drought or other natural cause, or
  • after clearing under the Invasive Native Species and Pasture Expansion parts of the Code.

Landholding restrictions

There are no landholding restrictions.

Treatment area restrictions

Clearing under this division is not authorised in an area cleared under the Pasture Expansion part of the code.

Method and impact conditions

Clearing under this division, carried out on category 2 - vulnerable regulated land or within the buffer distance from a water body may only be carried out by the removal of individual trees with nil disturbance to soil and groundcover.

Requirements prior to undertaking permitted clearing

There is no requirement for notification or a certificate prior to clearing under this division.

Continuation of land management activities undertaken after 1990

This division allows you to clear native vegetation consistent with a land management activity undertaken at any time between 1 January 1990 and 25 August 2017.

Landholding restrictions

There are no landholding restrictions.

Treatment area restrictions

There are no treatment area restrictions.

Method and impact conditions

Clearing under this division must:

  • not exceed clearing consistent with the land management activity
  • only be carried out in an area on which the past land management activity was carried out, and
  • cause minimal disturbance to soil and groundcover, unless a greater level of disturbance is consistent with the past land management activity.

Requirements prior to undertaking permitted clearing

You will need to get a certificate from Local Land Services for this division of the Code.

Local Land Services will need to be satisfied your intended clearing could not be authorised under any other division of the Code.

Continuation of rotational activity undertaken prior to 1990

This allows you to clear native vegetation that has regrown as a result of a rotational land management activity, provided the practice:

  • was lawfully undertaken after 1 January 1943 in the Western Zone or after 1 January 1950 anywhere else, and
  • remained in place at 1 January 1990, and
  • is a reasonable and accepted farming practice

Landholding restrictions

There are no landholding restrictions.

Treatment area restrictions

There are no treatment area restrictions.

Method and impact conditions

Clearing under this division must be undertaken to the same extent as the previous land management activity.

Requirements prior to undertaking permitted clearing

You will need to get a certificate from Local Land Services for this division of the Code.

Re-categorisation of land

Areas cleared under this division are authorised to be re-categorised to category 1 – exempt land provided the rotational land management activity involves substantial impacts on all strata in the clearing area.

Soil and groundcover distance

Minimal disturbance to soil and groundcover means no greater than 30% of the total area.

Nil disturbance to soil and groundcover means no greater than 5% of the total area.

Clearing of critically endangered ecological community not authorised

The Code does not allow you to clear native vegetation that forms part of a critically endangered ecological community.

More information

To find out more about native vegetation and your options under the Land Management Framework:

  • contact Local Land Services on 1300 795 299
  • email slm.info@lls.nsw.gov.au
  • go to lls.nsw.gov.au/slm
  • call in to your nearest Local Land Services office and ask for a Sustainable Land Management officer.

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