Land management (native vegetation) code
The Land Management (Native Vegetation) Code 2017 (the Code) provides landholders with more choices to better manage native vegetation on their property. The Code helps landholders to improve agricultural productivity and biodiversity outcomes across NSW.
The Code supports landholders in using best practice land management activities. The Land Management Code:
- is simple to use
- improves agricultural productivity
- includes important environmental protections
- provides certainty and clarity for the landholder.
Code options for landholders
The Code supports landholders undertaking productive and sustainable farming practices, while managing environmental risk. The Code enables the following clearing on Category 2 - regulated land:
Invasive Native Species - enables the removal of invasive native species that have reached unnatural densities and dominate an area. These activities are to promote the regeneration and regrowth of native vegetation.
Pasture Expansion - enables the removal of woody native vegetation by uniform or mosaic thinning to promote native pastures and increase farm efficiency and productivity.
Continuing use - enables the continuation of lawful land management activities that had been in place between 1990 and the commencement of the new Land Management Framework.
Equity - enables the removal of paddock trees, compromised native groundcover, and native vegetation from small areas in exchange for set aside areas containing remnant vegetation.
Farm Plan - enables the removal of paddock tree areas and clearing regulated rural land in exchange for set aside areas containing remnant vegetation or set aside areas where revegetation will be required.
Landholders may be required to notify Local Land Services for low impact land management activities.
Activities with a high risk of adversely impacting on the environment may require certification by Local Land Services.
In some cases, the Code may require the establishment of a set aside in exchange for the removal of native vegetation. Set asides will be listed on a public register and must be actively managed to promote vegetation integrity in perpetuity.
The Code outlines the extent of clearing possible and any set-aside requirements to offset the environmental impacts of clearing.
Set aside ratios identify how much land must be set aside in exchange for clearing in another area of the property. All set-asides must be managed along with any currently publicly funded initiative, offset or existing set-aside and will run with land in perpetuity.
Set-aside certificates may include details such as the type of vegetation contained in the set-aside areas. Landholders are required to undertake reasonable efforts to promote vegetation integrity in the set-aside area. Local Land Services will work with landholders on a case-by-case basis to identify the management interventions likely to deliver the best environmental outcomes in a set-aside area.
Treatment of threatened ecological communities
The Land Management Code does not authorise the clearing of native vegetation that is part of a critically endangered ecological community (CEEC).
Where clearing is proposed under the Equity Part for a vulnerable ecological community (VEC) or endangered ecological community (EEC) the offset must be of the same VEC or EEC.
Clearing an EEC or VEC incurs a set aside loading of 50 per cent for VEC and 100 per cent for an EEC.
The Code also provides a discount of 50 per cent on the set aside requirements for landholders willing to set aside areas containing an EEC.
Land on which the Code does not apply
There are categories of land where clearing under the Land Management Code is not permitted, including coastal wetlands, old growth forests, littoral rainforests, core koala habitat and critically endangered ecological communities.
On commencement, three categories of land will be available on OEH’s mapping portal:
- Vulnerable regulated land
- Sensitive regulated land
- Excluded land.
Limited application of the codes apply in the following circumstances:
- vulnerable land and riparian buffer zones
- areas containing threatened species
- small holdings
- landholders with low levels of remnant vegetation.
For more information please contact Local Land Services on 1300 778 080, email firstname.lastname@example.org or contact your local LLS office.