About Farm Plan under the Code
The Land Management (Native Vegetation) Code 2018 helps landholders manage native vegetation. It supports productive sustainable farming while managing environmental risks.
Farm Plan is Part 6 of the Land Management Code.
This part of the Code allows you to clear paddock tree areas and native vegetation on Category 2 – regulated land. In return, you must set aside and maintain an area on the same property. This can include land in Category 1.
If your landholding has less than 10% remnant native vegetation (less than 10% Category 2 – regulated land), you can only clear paddock tree areas.
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 pasture expansion part of the Code suits your circumstances, read:
- the guide to getting started with native vegetation management
- managing native vegetation under the Land Management Code
Options for using the Farm Plan part of the Code
The Farm Plan part of the Code offers 2 options for clearing. Each option has different conditions depending on the impact of the clearing and the type of vegetation you want to clear.
- Division 1 – Removing native vegetation from paddock tree areas (certification).
- Division 2 – Removing native vegetation from regulated rural areas (certification).
What is a paddock tree area?
A paddock tree area is an area of native vegetation on Category 2 – regulated land. It must be:
- less than 500 square metres in size, and
- completely surrounded by cleared land (Category 1 – exempt land).
What is a set aside area?
A set aside area is land on your property that you agree to actively manage for conservation. It is a key requirement of the Farm Plan part of the Code.
Set asides help balance the environmental impact of clearing native vegetation. They aim to protect or improve native vegetation and habitat over time, by promoting what’s called vegetation integrity.
Land set aside under the farm plan part of the Code cannot include any current publicly funded initiative, offset or existing set aside.
Set asides are managed in perpetuity and are listed on the public register.
Re-categorisation of land
Areas cleared in accordance with this part of the Code may be authorised to be re-categorised to Category 1 – exempt land.
Set aside areas are authorised to be re-categorised to Category 2 – sensitive regulated land on the native vegetation regulatory map.
Read more about requesting a review of land categorisation.
Removing native vegetation from paddock tree areas
Native vegetation may be cleared from a paddock tree area in exchange for the establishment of a set aside.
Landholding restrictions
Clearing under this division is not permitted:
- on a smallholding
- on landholdings in the Coastal Zone, unless Local Land Services 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
- in an area that forms part of an endangered or critically endangered ecological community
- on Crown land or travelling stock reserves in the Central Zone or Coastal Zone.
Set aside requirements
Set asides under this part of the Code must include at least 50% Category 1 – exempt land. This means the area must be mostly cleared or developed land.
The set aside can include:
- new vegetation planted through revegetation, and/or
- areas where natural regeneration is encouraged.
| Vegetation type | Set aside requirement |
|---|---|
| Vulnerable Ecological Community (VEC) | 0.375 hectares for each paddock tree area cleared |
| Other vegetation (excluding Endangered and Critically Endangered Communities) | 0.25 hectares for each paddock tree area cleared |
To maximise environmental benefits, Local Land Services:
- Will specify the revegetation requirements to be undertaken. Including the species composition and density of revegetation.
- May specify the area of land on which the set aside will be established.
Revegetation requirements must be met within 12 months of the mandatory code compliant certificate being issued.
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 where permitted clearing would reduce the proportion of Category 2 - regulated land to less than 10%)
- on a small holding
- in the Coastal Zone, unless Local Land Services 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
- in a paddock tree area
- in an area that forms part of an endangered or critically endangered ecological community
- on Crown land or travelling stock reserves in the Central or Coastal Zone.
Set aside requirements
Set asides under this part of the Code must include land that is at least 50% Category 1 – exempt land. This means the area must be mostly cleared or developed land.
The set aside can include:
- new vegetation planted through revegetation, and/or
- areas where natural regeneration is encouraged.
The area of land required to be set aside is calculated according to:
- the type of clearing
- vegetation being cleared
- the area of Category 2 – regulated land on the landholding.
| Vegetation type | 10% to less than 30% Category 2 – regulated land | 30% or more Category 2 – regulated land |
|---|---|---|
| Vulnerable Ecological Community (VEC) | 4.5 units set aside per unit cleared (4.5:1) | 1.5 units set aside per unit cleared (1.5:1) |
| Other vegetation (excluding Endangered and Critically Endangered Communities) | 3 units set aside per unit cleared (3:1) | 1 unit set aside per unit cleared (1:1) |
To maximise environmental benefits, Local Land Services:
- Will specify the revegetation requirements to be undertaken. This includes the species composition and density of revegetation.
- May specify the area of land on which the set aside will be established.
Revegetation requirements must be met within 12 months of the mandatory code compliant certificate being issued.
Requirements prior to undertaking permitted clearing
A mandatory code compliant certificate, issued by Local Land Services, is required prior to undertaking clearing paddock tree areas or native vegetation under the Farm Plan part of the Code.
You cannot clear native vegetation until Local Land Services has advised you that the set aside requirements have been met.
Find out more about the requirements for notifying and applying to clear native vegetation.
Your next steps
You can contact Local Land Services for assistance including help to calculate the proportion of Category 2 – regulated land on your property.
- Read more about notifying and certification requirements.
- Check what other approvals may apply.
- Apply for a certificate to clear.
Success stories
On-ground examples of using the Farm Plan part of the Code.
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Set asides improve profitability and sustainability
Reorganising land use improved cropping and grazing productivity and offered better environmental outcomes with revegetation works and erosion control.
Contact Local Land Services NSW
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