About Pasture Expansion under the Code
The Land Management (Native Vegetation) Code 2018 helps landholders manage native vegetation. It supports productive sustainable farming while managing environmental risks.
Pasture Expansion is Part 3 of the Land Management Code.
This part of the Code allows the removal of woody native vegetation (trees and woody shrubs) by uniform or mosaic thinning. The aim is to support native pastures and improve farm efficiency and productivity. It does not allow the removal of groundcover, including native grasses and herbs.
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 pasture expansion
The Pasture Expansion part of the Code offers 3 options for expanding pasture by thinning woody native vegetation. Each option has different requirements, including:
- how many stems you must retain
- the level of impact
- the type of land you can use it on
- and whether you need notification or certification.
The 3 divisions are:
- Division 1 – Uniform thinning of woody native vegetation (notification or voluntary certificate)
- Division 2 – Uniform thinning of woody native vegetation (certification)
- Division 3 – Mosaic thinning of woody native vegetation (certification).
Summary of requirements and conditions for using Pasture Expansion
| Specifications | Division 1 | Division 2 | Division 3 |
|---|---|---|---|
| Minimum tree density retention | 225 stems per hectare | Depends on vegetation formation and treatment area | 30% canopy cover in treatment area (minimum retention is 5ha) |
| Tree height retention | At least 2m high | No conditions | No conditions |
| Retention distribution | Uniform (evenly dispersed) | Uniform (evenly dispersed) | Where possible patches of at least 5 ha, evenly distributed. At least 1 patch of at least 5ha per 50ha. |
| Property limitations | Not on small holding | None | Not on small holding. Must have ≥ 30% Category 2 regulated land on the landholding (determined by LLS) |
| Can it be used in the Coastal Zone? | No | Yes, if primary use of land is for agricultural activities (determined by Local Land Services) | Yes, if primary use of land is for agricultural activities (determined by LLS) |
| Keith Vegetation formation (figures in brackets indicate minimum stem density in non-EEC and then VEC/EEC) | (a) Arid Shrubland (Acacia sub-formation) (b) Dry Sclerophyll Forest (c) Forested Wetland (d) Grassy Woodland (e) Semi-arid Woodland (f) Wet Sclerophyll Forest (grassy sub-formation) | (a) Arid Shrubland (Acacia sub-formation) (75 / 115) (b) Dry Sclerophyll Forest (150 / 225) (c) Forested Wetland (except in coastal zone) (115 / 170) d) Grassy Woodland (115 / 170) (e) Semi-arid Woodland (75 / 115) (f) Wet Sclerophyll Forest (grassy sub-formation) (150 / 225) | May be restricted to the following: (a) Arid Shrubland (Acacia sub-formation) (b) Dry Sclerophyll Forest (c) Forested Wetland (d) Grassy Woodland (e) Semi-arid Woodland (f) Wet Sclerophyll Forest (grassy sub-formation) |
| Treatment area size | Not less than 1 ha | Not less than 1 ha | Maximum 30% of landholding on which Part 5A of the LLS Act 2013 applies |
| Clearing on Vulnerable Ecological Community (VEC) or Endangered Ecological Community (EEC)? | Not permitted | Yes, but with higher minimum stem density retention | Not permitted |
| Clearing method conditions | Clearing of trees and shrubs
| Clearing of trees and shrubs
| No more than minimal disturbance to soil and groundcover |
| Tree diameter retention | Trees > 90 cm diameter at breast height over bark must be retained | Trees > 90 cm diameter at breast height over bark must be retained | Trees > 90 cm diameter at breast height over bark must be retained |
| Plant genera limitations | None | In the coastal zone, plant genera are limited to Acacia, Allocasuarina, Angophora, Callitris, Casuarina, Corymbia, Eucalyptus, Leptospermum, Melaleuca and Syncarpia | No restrictions (unless specified in the certificate) |
| Vulnerable land clearing | Limited to clearing of individual plants with nil disturbance to soil and groundcover | Limited to clearing of individual plants with nil disturbance to soil and groundcover (unless otherwise specified in a certificate variation) | Not permitted (unless specified in certificate variation) |
| Within buffer distance of a water body | Limited to clearing of individual plants with nil disturbance to soil and groundcover | Limited to clearing of individual plants with nil disturbance to soil and groundcover (unless otherwise specified in a certificate variation) | Not permitted (unless specified in certificate variation) |
| Sustainable grazing allowable activity | Permitted | Permitted | Permitted |
| Other conditions | This certificate does not re-categorise land to Category 1 – Exempt land | This certificate does not re-categorise land to Category 1 – Exempt land | This certificate does not re-categorise land to Category 1 – Exempt land nor authorise a change in land use in cleared areas. LLS may specify in the certificate where retained patches of tree and shrubs may be cleared. Clearing must be to the benchmark stem density for the Keith vegetation formation or sub-formation. |
Uniform thinning of woody native vegetation - notification
Allows you to clear native trees and shrubs provided:
- the density of remaining native trees and shrubs remains at least 225 stems in each hectare of the treatment area; and
- the remaining trees and shrubs are, as far as reasonably possible, at least two metres in height and evenly dispersed in the clearing area.
More intensive clearing requires certification as outlined below.
Landholding restrictions
Clearing under this division is not permitted:
- on small landholdings, or
- in the Coastal Zone.
Treatment area restrictions
Treatment area refers to the area you want to clear. Clearing under this division is only permitted if the vegetation is one of the following vegetation formations:
- arid shrubland (Acacia sub-formation)
- dry sclerophyll forest
- forested wetland
- grassy woodland
- semi-arid woodland
- wet sclerophyll forest (grassy sub-formation).
Clearing is not permitted in an area that:
- is less than one hectare; or
- contains a vulnerable ecological community (VEC) or an endangered ecological community (EEC).
Method and impact conditions
You must retain all native trees with a diameter at breast height over bark (DBHOB) greater than 90 cm.
On Category 2 – vulnerable regulated land or within the buffer distance of a water body, you must carry out clearing by clearing individual plants with nil disturbance to soil and groundcover. Nil disturbance means no greater than 5% of the total area.
Notification requirements
If your uniform thinning meets the criteria listed above, you only need to notify LLS. You do not need approval.
You must notify LLS at least 14 days before you plan to start thinning.
After you submit your notification, LLS will email you a confirmation. The email will also have a map showing the area where you can remove vegetation.
Alternatively, you can request a voluntary code compliant certificate for the intended clearing.
Read more about notifying and certification requirements.
Uniform thinning of woody native vegetation – certification
You may clear native vegetation provided:
- the density of remaining native trees and shrubs in the clearing area is at least the minimum stem density set out in the tables below
- the retained trees and shrubs are evenly dispersed in the clearing area.
| Vegetation formation | Minimum stem density |
|---|---|
| Arid Shrubland (Acacia sub-formation) | 75 stems per hectare |
| Dry Sclerophyll Forest | 150 stems per hectare |
| Forested Wetland | 115 stems per hectare |
| Grassy Woodland | 115 stems per hectare |
| Semi-arid Woodland | 75 stems per hectare |
| Wet Sclerophyll Forest (Grassy sub-formation) | 150 stems per hectare |
| Vegetation formation | Minimum stem density |
|---|---|
| Arid Shrubland (Acacia sub-formation) | 115 stems per hectare |
| Dry Sclerophyll Forest | 225 stems per hectare |
| Forested Wetland | 170 stems per hectare |
| Grassy Woodland | 170 stems per hectare |
| Semi-arid Woodland | 115 stems per hectare |
| Wet Sclerophyll Forest (Grassy sub-formation) | 225 stems per hectare |
Local Land Services may issue a certificate specifying an alternative minimum stem density if:
- a higher stem density is required to avoid significant adverse environmental impacts at a local or regional scale; or
- a lower stem density is reasonable in the circumstances and would have no significant adverse environmental impact.
Landholding restrictions
Clearing of native vegetation is not permitted under this division on a landholding that is predominantly in the Coastal Zone unless Local Land Services is satisfied the primary use of the land is for agricultural purposes.
Treatment area restrictions
Clearing of native vegetation is not permitted in a proposed clearing area that is less than 1 hectare.
You may only clear if the vegetation comprises one of the following vegetation formations:
Central and Western Zones:
- arid shrubland (Acacia sub-formation)
- dry cclerophyll forest
- forested wetland
- grassy woodland
- semi-arid woodland
- wet sclerophyll forest (Grassy sub-formation).
Coastal Zone:
- arid shrubland (Acacia sub-formation)
- dry sclerophyll forest
- grassy woodland
- semi-arid woodland
- wet sclerophyll forest (Grassy sub-formation).
Method and impact conditions
You must retain all native trees with a diameter at breast height over bark (DBHOB) greater than 90 cm.
Clearing on Category 2 – vulnerable regulated land or within the buffer distance of a water body must be carried out by clearing individual plants with nil disturbance to soil and groundcover. Nil disturbance means no greater than 5% of the total area.
In the Coastal Zone, clearing is limited to the following genera:
- Acacia
- Allocasuarina
- Angophora
- Callitris
- Casuarina
- Corymbia
- Eucalyptus
- Leptospermum
- Melaleuca
- Syncarpia.
Certification requirements
You must obtain a mandatory code compliant certificate from Local Land Services before undertaking uniform thinning as per the criteria listed above.
Read more about notification and certification requirements.
Mosaic thinning of woody native vegetation
You may clear native trees and shrubs using mosaic thinning provided:
- the canopy cover of the retained native trees in the treatment area is at least 30% of the total treatment area
- you retain at least one patch of 5 hectares in each 50 hectares of treatment area (or part thereof)
- the remaining native tree cover is, as far as reasonably possible, in patches of 5 hectares which are evenly distributed in a mosaic pattern throughout the treatment area.
You can learn more about this in the pasture expansion technical guide.
Local Land Services can provide you with an advisory map to assist you with planning retention areas.
Pasture expansion, Division 3 – mosaic thinning does not allow a change of land use, for example, from grazing to cropping. Any area cleared under this division may not be used for cropping.
Landholding restrictions
Mosaic thinning is not permitted:
- on a landholding on which Category 2 – regulated land comprises less than 30% of the landholding
- on a small holding
- on a landholding in the Coastal Zone unless Local Land Services is satisfied the primary use of the land is for agricultural purposes.
Treatment area restrictions
On a single landholding, the total clearing area must not exceed 30% of the total area of the landholding.
There’s no minimum size for mosaic thinning under Division 3. However, you must keep at least one 5 hectare patch of vegetation in each treatment area. This means the area must be at least 6 hectares to allow for 1 hectare of thinning and 5 hectares of retained vegetation.
Method and impact conditions
All native trees with a diameter at breast height over bark (DBHOB) greater than 90 cm must be retained.
Clearing on Category 2 – vulnerable regulated land or within the buffer distance of a water body is not permitted unless specified in the mandatory code compliant certificate issued under this division.
If a mandatory code compliant certificate is issued on Category 2 – vulnerable regulated land, clearing is restricted to nil disturbance to soil and groundcover. Nil disturbance means no greater than 5% of the total area.
Clearing is not permitted if the area contains a vulnerable ecological community (VEC) or an endangered ecological community (EEC).
Certification requirements
You must get a mandatory code compliant certificate from Local Land Services before you do any mosaic thinning.
Read more about notifying and certification requirements.
Your next steps
If managing vegetation under the pasture expansion provisions of the Code best suits your objectives, you should read:
Contact Local Land Services NSW
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