Continuing Use under the Land Management Code

About Continuing Use under the Land Management Code

The Land Management (Native Vegetation) Code 2018 helps landholders manage native vegetation. It supports productive sustainable farming while managing environmental risks.    

Continuing Use is Part 4 of the Land Management Code.  

This part of the Code allows landholders to continue using land management practices that were in place before the commencement of the Land Management Framework.

Before you start  

Your options for managing native vegetation vary according to your:

• land zoning
• land categorisation
• your proposed activities.  

If you are not sure if the Continuing Use part of the Code suits your circumstances, read:  

• Getting started with native vegetation management  
• Managing native vegetation under the Land Management Code.

Options for using the Continuous Use part of the Code

The Continuous Use part of the Code provides 3 pathways. Each option has different conditions depending on the timing and nature of previous land use activities.  

It includes specific provisions for:  

• Division 1 – managing woody native regrowth  
• Division 2 – continuation of land management activities after 1990  
• Division 3 – continuation of rotational activities prior to 1990.

Managing woody native regrowth in native pastures  

This division authorises a landholder to clear native trees and shrubs that have regrown since 1 January 1990.  

Landholders are not authorised to clear vegetation under this division that has regrown:  

• following unlawful clearing  
• following clearing caused by bushfire, flood or drought or other natural cause  
• after clearing under the Invasive Native Species or Pasture Expansion parts of the Code.

Landholding restrictions  

There are no landholding restrictions.  

Landholders should have evidence to support that the vegetation they propose to clear is actually regrowth. Local Land Services can assist landholders with finding aerial imagery.  

Treatment area restrictions  

 You can't clear under this division if the area: 

• is proposed to be cleared under Part 3 (Pasture Expansion) of the Code; or
• has already been cleared under Part 3 (Pasture Expansion) of the Code. 

Method and impact conditions  

If you are clearing on Category 2 – vulnerable regulated land, or within the buffer distance of a water body, you must:  

• clear individual trees or shrubs; and
• the clearing must cause nil disturbance to the soil and groundcover.  

Nil disturbance means no more than 5% of the total area is disturbed.  

Requirements prior to undertaking permitted clearing  

There is no need for notification or a certificate before clearing under this division.  

You can ask Local Land Services to issue a voluntary certificate. This gives you written confirmation that your proposed clearing is compliant with the Code. Local Land Services can also assist in the determination of regrowth or the determination of the land categorisation.

Continuation of land management activities undertaken after 1990  

This division allows you to clear native vegetation consistent with a land management activity undertaken at any time between 1 January 1990 and 25 August 2017.  

Landholding restrictions  

There are no landholding restrictions.  

Treatment area restrictions  

There are no restrictions to the area that can be cleared.  

Method and impact conditions  

Clearing under this division must meet all the following conditions: 

• 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
• cause minimal disturbance to soil and groundcover unless a greater level of disturbance is consistent with the past land management activity.  

Requirements prior to undertaking clearing  

A mandatory code compliant certificate from Local Land Services is required for clearing under this division of the Code.  

Local Land Services will need to be satisfied your intended clearing could not be authorised under any other division of the Code.  

Read more about certification requirements.

Continuation of rotational activity undertaken before 1990

This division allows you to clear native vegetation that has regrown as a result of a rotational land management activity. This is only allowed if 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
• is a reasonable and accepted farming practice.  

Rotational land management activities include where:  

• a land management activity is undertaken on a continuous, repetitive or cyclical basis, or
• the impact of the land management activity on native vegetation is maintained by subsequent active management of the land or vegetation.  

Landholding restrictions  

There are no landholding restrictions.  

Treatment area restrictions  

There are no restrictions to the area that can be cleared.  

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 from Local Land Services is required for clearing under this division of the Code.  

Read more about certification requirements.  

Re-categorisation of land   

Areas cleared under this division may be authorised to be re-categorised to Category 1 – exempt land provided the rotational land management activity involves substantial impacts on all vegetation strata in the clearing area.  

Your next steps

If managing vegetation under the Continuing Use provisions of the Code best suits your objectives, you should:  

• find out what other approvals may also apply
• understand how to notify or apply for a certificate
• read the supporting resources and guides.

Success stories

On-ground example of using the Continuous Use part of the code 

The owners of a 653-hectare cattle grazing property in the Northern Tablelands were planning for the future of their farm. They wanted to divide the land fairly between their two sons, but needed to improve productivity to make this possible.

By applying 3 parts of the Land Management Code to different areas of the property, they were able to:

• increase land available for grazing and cropping;
• protect areas for biodiversity; and
• manage vegetation through thinning.