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Land Management Code - farm plan

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

The Code provides options for clearing under the categories: Invasive Native Species, Pasture Expansion, Continuing Use, Equity and Farm Plan.

Overview

The Farm Plan Code authorises clearing paddock tree areas and Category 2 - regulated land in exchange for establishing a set aside on the same property.

However, on landholdings with less than 10% remnant native vegetation (<10% Category 2 – regulated land), clearing is restricted to paddock tree areas only.

Paddock tree areas

Native vegetation may be cleared from a paddock tree area in exchange for establishing a set aside.

What is a paddock tree area?

A paddock tree area means an area of native vegetation (Category 2 - regulated land) that is less than 500 square metres and is completely surrounded by cleared land (Category 1 - exempt land).

Landholding restrictions

Clearing under this division is not permitted on landholdings in the Coastal Zone, unless LLS is satisfied that the land is primarily used for agricultural activities, or on a smallholding.

Treatment area restrictions

Clearing under this division is not permitted:

  • on Category 2 - vulnerable regulated land or within the buffer distance from a water body, or
  • in an area that forms part of endangered or critically endangered ecological community, or
  • on travelling stock reserves in the Central or Coastal Zone.

Set asides

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.

Set aside requirements

Set aside must be applied over an area that is at least 50% Category 1 – exempt land and may include establishment of new vegetation through revegetation and/or promoting natural regeneration.

To maximise environmental benefits, Local Land Services will specify the revegetation requirements including the species composition and density and may determine the land on which the set aside will be established. Revegetation requirements must be met within 12 months after the mandatory code compliant certificate is issued.

Vegetation Community

Set aside requirement

Vegetation which is part of a Vulnerable Ecological Community (VEC)

0.375 ha set aside for each paddock tree area cleared

Other Vegetation (excluding Endangered Ecological Community & Critically Endangered Community)

0.25 ha set aside for each paddock tree area cleared

Removing native vegetation from regulated rural land

Native vegetation may be cleared from a maximum of 25% of Category 2 - regulated land on a landholding.

Landholding restrictions

Clearing under this division is not permitted on landholdings with less than 10% Category 2 - regulated land, or on a small holding or in the Coastal Zone, unless LLS is satisfied that the land is primarily used for agricultural activities.

Treatment area restrictions

Clearing under this division is not permitted:

  • on Category 2 - vulnerable regulated land or within the buffer distance from a water body, or
  • in a paddock tree area, or
  • in an area that forms part of endangered or critically endangered ecological community, or
  • on travelling stock reserves in the Central or Coastal Zone.

Set aside requirements

Set aside must be applied over an area that is at least 50% Category 1 – exempt land and may include establishment of new vegetation through revegetation and/or promoting natural regeneration.

To maximise environmental benefits, Local Land Services will specify the revegetation requirements including the species composition and density and may determine the land on which the set aside will be established. Revegetation requirements must be met within 12 months after the mandatory code compliant certificate is issued.

A set aside is an area set aside for the purposes of conservation (managed to promote vegetation integrity) and must be in addition to any current publicly funded initiative, offset or existing set aside. Set asides are managed in perpetuity and will be listed on a public register.

The area of land required to set aside is calculated according to the type of clearing, vegetation being cleared and the area of Category 2 – regulated land on the landholding:

Set aside requirement for removing native vegetation from regulated rural areas

Vegetation Community

Percentage of Category 2 – regulated land on the landholding

 

30% or more

10 - 30 %

Vegetation which is part of a Vulnerable Ecological Community

1.5 units set aside for each unit cleared (1.5:1)

4.5 units set aside for each unit cleared (4.5:1)

Other Vegetation (excluding Endangered Ecological Community & Critically Endangered Community)

1 unit set aside for each unit cleared (1:1)

3 units set aside for each unit cleared (3:1)

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.

Requirements prior to undertaking permitted clearing

A mandatory code compliant certificate issued by Local Land Services is required for the intended clearing. Native vegetation may not be cleared until Local Land Services has advised the landholder in writing that they are satisfied the landholder has met their set aside requirements.

Re-categorisation of land

Areas cleared in accordance with this Code are authorised to be re-categorised to Category 1 – exempt land and set aside areas are authorised to be re-categorised to Category 2 – regulated land, on the native vegetation regulatory map.

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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