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Land management code - continuing use

The Land Management (Native Vegetation) code 2018 (the code) has been developed to facilitate native vegetation management and support more efficient farming methods while responding to environmental risks.

The code provides options for clearing under following the categories:

  • invasive native species
  • pasture expansion
  • continuing use
  • equity
  • farm plan.

Overview

The continuing use category allows for the continuation of land management practices that have been 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 clearing of 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.

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.

Continuation of land management activities undertaken after 1990

This division allows clearing of native vegetation consistent with a land management activity undertaken at any time between 1 January 1990 and commencement of the land management framework.

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.

Clearing of critically endangered ecological community not authorised

Clearing of native vegetation that forms part of a critically endangered ecological community is not authorised by the
Code.

Continuation of rotational activity undertaken prior to 1990

This allows clearing of 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,
  • 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

A mandatory code compliant certificate issued by Local Land Services is required 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.

Further information

To find out more about continuing use or the native vegetation reforms and how they affect you, contact Local Land
Services on 1300 778 080, email slm.info@lls.nsw.gov.au or call in to your nearest Local Land Services office.