New South Wales Consolidated Regulations

LAND MANAGEMENT (NATIVE VEGETATION) CODE 2018

- Made under the Local Land Services Act 2013
- As at 5 December 2019
- Reg 83 of 2018

TABLE OF PROVISIONS

   PART 1 - PRELIMINARY

   1.      Name
   2.      Commencement
   2A.     Repeal of former Code
   3.      Aims
   4.      Definitions and Interpretation
   5.      Structure of this Code
   6.      Land to which this Code applies
   7.      Clearing of critically endangered ecological community not authorised
   8.      Clearing outside treatment area
   9.      Clearing under authority of this Code not to harm threatened animal species
   10.     Clearing for forestry purposes
   11.     Re-categorisation of land
   12.     Notification of intended clearing of native vegetation
   13.     Certification of intended clearing of native vegetation
   14.     Special provisions relating to Division 3 of Part 3 (Mosaic thinning of woody native vegetation)
   15.     Buffer distances for water bodies
   16.     Power for LLS to refuse certificate
   17.     Establishment of set aside areas
   18.     Management of set aside areas
   19.     Identification of vulnerable and endangered ecological communities
   19A.    Identification of certain critically endangered ecological communities
   20.     Specified restrictions in this Code

   PART 2 - INVASIVE NATIVE SPECIES

           Division 1 - Low impact clearing of invasive native species

   21.     Permitted clearing of native vegetation
   22.     Requirements prior to undertaking permitted clearing
   23.     Landholding restrictions
   24.     Treatment area restrictions
   25.     Method and impact conditions

           Division 2 - Moderate impact clearing of invasive native species

   26.     Permitted clearing of native vegetation
   27.     Requirements prior to undertaking permitted clearing
   28.     Landholding restrictions
   29.     Treatment area restrictions
   30.     Method and impact conditions

   PART 3 - PASTURE EXPANSION

           Division 1 - Uniform thinning of woody native vegetation (notification)

   31.     Permitted clearing of native vegetation
   32.     Requirements prior to undertaking permitted clearing
   33.     Landholding restrictions
   34.     Treatment area restrictions
   35.     Method and impact conditions

           Division 2 - Uniform thinning of woody native vegetation (certification)

   36.     Permitted clearing of native vegetation
   37.     Requirements prior to undertaking permitted clearing
   38.     Landholding restrictions
   39.     Treatment area restrictions
   40.     Method and impact conditions

           Division 3 - Mosaic thinning of woody native vegetation

   41.     Permitted clearing of native vegetation
   42.     Requirements prior to undertaking permitted clearing
   43.     Landholding restrictions
   44.     Treatment area restrictions
   45.     Method and impact conditions
   46.     Other conditions

   PART 4 - CONTINUING USE

           Division 1 - Managing woody native regrowth in managed native pastures

   47.     Authorised clearing of native vegetation
   48.     Requirements prior to undertaking authorised clearing
   49.     Landholding restrictions
   50.     Treatment area restrictions
   51.     Method and impact conditions

           Division 2 - Continuation of land management activities undertaken after 1990

   52.     Permitted clearing of native vegetation
   53.     Requirements prior to undertaking permitted impacts
   54.     Landholding restrictions
   55.     Treatment area restrictions
   56.     Method and impact conditions

           Division 3 - Continuation of rotational activity undertaken prior to 1990

   57.     Authorised clearing of native vegetation
   58.     Requirements prior to undertaking clearing
   59.     Landholding restrictions
   60.     Treatment area restrictions
   61.     Method and impact conditions
   62.     Re-categorisation of land

   PART 5 - EQUITY

           Division 1 - Removing native vegetation from paddock tree areas

   63.     Permitted clearing of native vegetation
   64.     Requirements prior to undertaking permitted clearing
   65.     Landholding restrictions
   66.     Treatment area restrictions
   67.     Method and impact conditions
   68.     Re-categorisation of land

           Division 2 - Clearing compromised native groundcover

   69.     Permitted clearing of native vegetation
   70.     Requirements prior to undertaking permitted clearing
   71.     Landholding restrictions
   72.     Treatment area restrictions
   73.     Method and impact conditions
   74.     Re-categorisation of land

           Division 3 - Removing native vegetation from small areas

   75.     Permitted clearing of native vegetation
   76.     Requirements prior to undertaking permitted clearing
   77.     Landholding restrictions
   78.     Treatment area restrictions
   79.     Method and impact conditions
   80.     Re-categorisation of land
   81.     Set aside area requirement

           Division 4 - Removing native vegetation from regulated rural areas

   82.     Permitted clearing on native vegetation
   83.     Requirements prior to undertaking permitted clearing
   84.     Landholding restrictions
   85.     Treatment area restrictions
   86.     Method and impact conditions
   87.     Re-categorisation of land
   88.     Set aside area requirement

   PART 6 - FARM PLAN

           Division 1 - Removing native vegetation from paddock tree areas

   89.     Permitted clearing of native vegetation
   90.     Requirements prior to undertaking permitted clearing
   91.     Landholding restrictions
   92.     Treatment area restrictions
   93.     Method and impact conditions
   94.     Re-categorisation of land
   95.     Set aside area requirement

           Division 2 - Removing native vegetation from regulated rural areas

   96.     Permitted clearing of native vegetation
   97.     Requirements prior to undertaking permitted clearing
   98.     Landholding restrictions
   99.     Treatment area restrictions
   100.    Method and impact conditions
   101.    Re-categorisation of land
   102.    Set aside area requirement
           SCHEDULE 1
           SCHEDULE 2
           SCHEDULE 3
           SCHEDULE 4
           SCHEDULE 5
           SCHEDULE 6