Land Management (Native Vegetation) Code 2018.

This Code, consisting of 102 sections divided into six Parts and completed by six Schedules, regulates the native vegetation in New South Wales. The aims of this Code are to: a) authorise clearing of native vegetation on Category 2-regulated land; b) provide for establishment and management of set aside areas; and c) authorise re-categorisation of land. This Code is divided into the following Parts: Part 2, Invasive Native Species—permits clearing of native vegetation that has been identified as an invasive native species, and permits certain agricultural activities in treatment areas, in certain circumstances; Part 3, Pasture Expansion—permits a range of clearing of woody native vegetation, by uniform thinning and mosaic thinning; Part 4, Continuing Use—permits clearing of post-1990 regrowth in previously cleared areas; permits continuation of clearing consistent with land management activities undertaken prior to commencement of the Local Land Services Amendment Act 2016; permits clearing associated with a rotational land management activity and authorises re-categorisation of land in certain circumstances; Part 5, Equity—permits clearing of native vegetation; provides for re-categorisation of areas cleared of native vegetation in accordance with the Part; and provides for establishment of set aside areas on Category 2-regulated land; Part 6, Farm Plan—permits clearing of native vegetation on Category 2-regulated land; provides for re-categorisation of areas cleared of native vegetation in accordance with the Part; provides for establishment of set aside areas on Category 1-exempt land and Category 2-regulated land; and provides for re-categorisation of set aside areas established in accordance with the Part.
This Code applies to all land in New South Wales to which Part 5A of the Local Land Services Act 2013 applies. This Code does not authorise clearing on all land to which Part 5A applies. This Code and the Local Land Services Regulation 2014 specify land on which clearing is not authorised. In particular, clearing is not permitted on land designated as Category 2-sensitive regulated land. Clearing of native vegetation is not authorised by this Code if the native vegetation forms part of a critically endangered ecological community. This Code does not authorise clearing of native vegetation for forestry operations within the meaning of section 3 of the Forestry Act 2012. However, this clause does not prevent the sale of timber from native vegetation lawfully cleared in accordance with this Code.