Managing native vegetation under the Code
To manage native vegetation under the Local Land Services Act 2013 and Land Management Code 2018, landholders on small holdings or in coastal zones must show that agriculture is the main use of their land.
For some clearing activities to be allowed, you must:
- prove that the land's primary use is for agricultural activities
- meet extra requirements for rural infrastructure if clearing is permitted.
Before you start
Find out if your land is a small holding or located in the coastal zone by reading the guide to getting started with native vegetation management.
Learn what clearing you can do as an allowable activity when clearing for rural infrastructure.
To find out which part of the code applies to your property, use the guide to managing native vegetation under the Land Management Code.
Agricultural use under the Land Management Code
Some activities in the Land Management Code require you to prove that your land is used for agriculture. The table below outlines which activities need this determination.
| Land Management Code part | Small holdings | Coastal zone holdings |
|---|---|---|
| Part 3 – Pasture Expansion | ||
| Division 1 – Uniform thinning (Notification) | ||
| Division 2 – Uniform thinning (Certification) | ||
| Division 3 – Mosaic thinning | Does not apply | |
| Part 4 – Continuing Use (all Divisions) | Does not apply | Does not apply |
| Part 5 – Equity | ||
| Division 1 – Removing native vegetation from paddock tree areas | Does not apply | |
| Division 3 – Removing native vegetation from small areas | Does not apply | |
| Division 4 – Removing native vegetation from regulated rural areas | Does not apply | |
| Part 6 – Farm plan (all Divisions) | Does not apply |
What is a genuine agricultural activity?
Under the Land Management Code, a genuine agricultural activity includes:
- producing crops for commercial purposes
- grazing livestock for commercial purposes
- keeping animals to sell them or their produce.
Local Land Services will decide if an activity is a genuine agricultural activity using the following criteria:
- types of genuine agricultural activity, and
- characteristics of the agricultural activity.
Types of genuine agricultural activities
Aquaculture
This activity includes:
- cultivating fish or marine vegetation for the purpose of harvesting the fish or marine vegetation or their progeny with a view to sale, or
- keeping fish or marine vegetation in a confined area for a commercial purpose (such as a fish-out pond).
Extensive agriculture
This activity can include:
- the production of crops or fodder (including irrigated pasture and fodder crops for commercial purposes)
- the grazing of livestock for commercial purposes
- the broadacre agistment of grazing livestock for commercial purposes
- bee keeping
- dairy (pasture-based).
Intensive livestock agriculture
This activity includes:
- dairies
- feedlots
- piggeries
- poultry farms.
Intensive plant agriculture
This activity includes:
- the cultivation of irrigated crops for commercial purposes (other than irrigated pasture or fodder crops)
- horticulture
- turf farming
- viticulture.
Criteria for agricultural use
Local Land Services will assess if the activity:
- has a significant and substantial commercial purpose or character; and
- has been engaged in for the purpose of profit on a continuous or repetitive basis (whether or not a profit is actually made); and
- is the predominant commercial activity on the landholding.
Evidence of agricultural use
Local Land Services will consider the following evidence to determine whether an activity is a genuine agricultural activity.
Show that the activity is agricultural
You can use:
- photographs, permits, approvals or licences
- sales records to show activity that aligns with the Local Environmental Plan's definition of agriculture.
Show significant and substantial commercial purpose or character
You can provide:
- an ABN or ACN with tax records
- commercial bank account details, separate from your personal accounts
- stockyard or sales records that show regular activity
- evidence of steps taken for the activity, such as:
- relevant permits or registrations.
- advice from agricultural consultants or farmers.
- an active Property Identification Code (PIC) or livestock registered in the National Livestock Identification System.
To show potential for profit, provide:
- market research or identified markets
- a business plan with income and expense forecasts
- a balance sheet with financial details.
Show the activity is consistent with agribusiness practice
You can provide:
- invoices for materials or equipment used to support the activity
- records of ongoing agricultural activity that match similar operations in scale and type.
Show agriculture is the primary land use
You need to show that agriculture is the main commercial activity on your land. You can do this by providing:
- evidence that other commercial activities on the land are minimal or do not exist
- evidence you have rural infrastructure necessary to support the activity.
If the activity is new
If you're starting a new agricultural activity, you must provide all of the following:
- A detailed business plan showing the activity is well-planned and has profit potential.
- Written confirmation from the relevant consent authority about development consent requirements.
- Evidence from a qualified agricultural expert that the land is suitable for the proposed activity.
- Any other information requested by Local Land Services.
Contact Local Land Services NSW
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