The Land Management Framework supports landowners to manage native vegetation. It aims to improve productivity while responding to environmental risks.
Your management options depend on your land zoning, land categorisation and the activities you plan to carry out.
Local Land Services can give advice and support to help you:
- understand how the Land Management Framework applies to your property.
- know your options for vegetation management, including:
- allowable activities
- clearing under the Land Management (Native Vegetation) Code 2018.
Clearing native vegetation on your property
Native vegetation includes all trees, shrubs, scrub, understorey plants, groundcover and wetland plants that are native to NSW.
If you own or are buying rural land and want to clear native vegetation, you may need an assessment or approval.
Assessment and approvals for clearing native vegetation will depend on:
- why you are clearing
- what you want to clear
- where the clearing will happen
- how much vegetation you plan to clear.
Check your land zoning
You can check your land zoning using the NSW Planning Portal Spatial Viewer.
- Type in your land address or Lot and Deposited Plan number/s.
- Identify the land use zoning of your property (it may contain more than one land use zone).
If your land is zoned non-rural (for example urban or environmental zones) you should speak to your local council to find out if you need development consent to clear vegetation or what other approvals may apply.
If your land is in the Greater Sydney or Newcastle urban area, or is zoned RU5 (village), the State Environmental Planning Policy regulates vegetation removal in non-rural areas.
The Land Management (Native Vegetation) Code 2018 guides vegetation removal on rural zoned land. This is further outlined in this guide. Rural zoned land includes RU1, RU2, RU3, RU4, RU6 and deferred matter land. RU5 is not considered rural land for the purposes of the Code.
Check your property title for restrictions
Some properties have conditions listed on the land title that restrict how you can use the land. These conditions can include rules about vegetation clearing.
These conditions take precedence over any allowances to clear vegetation under the Local Land Services Act 2013. If the title says you cannot clear certain vegetation, that rule applies even if the act would normally allow it.
For advice about your property, contact your local council.
If you are purchasing rural land, your solicitor should be able to determine if there are any enduring obligations or lease arrangements over the land.
Land categories and clearing rules
Rural-zoned land in NSW falls into 3 main categories. The Local Land Services Act 2013 sets the criteria for each category. Your options for managing native vegetation depend on which category your land is in.
Ways to check your land categorisation
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Native Vegetation Regulatory map
You can check your land categorisation on PC using the draft Native Vegetation Regulatory map.
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Check My Land app
Download the Check My Land NSW app to check the land category mapped in your location and related information.
Category 1 – Exempt land (blue)
You can clear native vegetation without approval from Local Land Services.
You may still need development consent from your local council.
Category 2 – Regulated land (yellow, orange, pink)
Category 2 land is divided into sub-categories. The Land Management Code sets the rules for allowable activities in each category.
You may need approval from Local Land Services to clear native vegetation.
- Category 2 – regulated land (yellow): land that is not vulnerable or sensitive.
- Category 2 – vulnerable regulated land (orange): land that is steep, highly erodible, or protected riparian land.
- Category 2 – sensitive regulated land (pink): land identified as having high conservation value.
Excluded land (grey)
The Land Management Code and allowable activities do not apply.
See the list of other approvals you may need.
It may be possible to re-categorise your land under certain circumstances including:
- if land has been cleared in accordance with a property vegetation plan (PVP) or development consent or approval
- after receiving a code certificate under the continuing use, equity and farm plan parts of the Land Management Code
- if land identified as old-growth forest or rainforest has been assessed as not meeting the criteria for those communities.
Clearing vegetation on exempt or excluded land
If your land is in an urban area or zoned for environmental conservation, you may need a permit or development consent from your local council to clear native vegetation.
Chapter 2 of the State Environmental Planning Policy (Biodiversity and Conservation) 2021 explains:
- the planning rules and controls.
- the types of approvals and clearing activities allowed on land categorised as excluded land.
Clearing native vegetation which may be a risk to human life or property is considered by local government.
For advice about your property, contact your local council.
Summary of land category criteria and regulations
| Land category | Defining criteria | Regulations for native vegetation management |
|---|---|---|
| Category 1 – exempt land |
|
|
| Category 2 – regulated land |
| You may need authorisation from Local Land Services to clear native vegetation from rural zoned land in this category. |
| Category 2 – vulnerable regulated land |
| Clearing of native vegetation may not be permitted under the Land Management Code 2018. You may need authorisation to clear vegetation from Local Land Services. A limited range of allowable activities are permitted. |
| Category 2 – sensitive regulated land |
| Clearing of native vegetation is not permitted under the Land Management Code 2018. A limited range of allowable activities is permitted. |
| Excluded land | Land within urban zones, existing developments, or protected areas such as national parks. | The Land Management Code 2018 and allowable activities do not apply. Other approvals to clear vegetation may be required on urban land, for example local council development consent or through the Native Vegetation Panel via State Environment Planning Policy. |
Check if your proposed clearing is an allowable activity
Some routine farming and rural land maintenance activities do not need approval from Local Land Services. These are called allowable activities.
Allowable activities vary according to region and land category.
Allowable activities cannot be used to clear vegetation for a development that requires any approval or consent.
Read more about allowable activities.
Clearing native vegetation under the Code
If your proposed works does not meet the criteria for an approved activity, there may be options to clear vegetation under the Land Management Code.
The Land Management Code applies to Category 2 – regulated land.
The Code outlines:
- what native vegetation can and cannot be cleared
- circumstances when clearing is and is not permitted
- how much clearing is permitted
- notification and certificate requirements.
Landholders have a range of management options under the Code depending on their purpose and land use goals.
- Invasive native species
- Pasture expansion
- Continuing use
- Equity
- Farm plan.
Read more about clearing under the Land Management Code.
Applying to the Native Vegetation Panel
You can apply to the Native Vegetation Panel for approval to clear native vegetation on Category 2 – regulated land. This option is available if you do not meet the requirements for any of these approval pathways:
- allowable activities
- the Land Management Code
- development consent
- state significant infrastructure approval
- approval under the Environmental Planning and Assessment Act 1979.
Your application must include:
- a Biodiversity Development Assessment Report (BDAR) for the proposed clearing
- an assessment of the impacts of the proposed clearing.
Approval to clear native vegetation through the Native Vegetation Panel is set out in Division 6, Part 5A of the Local Land Services Act 2013.
Read more about Native Vegetation Panel approvals.
Other approvals that may apply
Once you have established if your proposed activity requires approval from your local council, under the State Environmental Planning Policy or Local Land Services, use the list below to check if you also need additional approvals under other legislation.
Any clearing that would be likely to harm an animal or cause damage to the habitat of an animal that is a threatened species or part of a threatened ecological community needs approval from the Department of Climate Change, Energy, the Environment and Water.
If your property includes Crown land (for example a Crown road subject to an enclosure permit), any proposed clearing is subject to the conditions of the Crown land lease, licence or permit.
If you are planning to clear native vegetation and carry out cultivation on a Western Lands Lease in the Western Division of NSW you may require a cultivation permit or approval from Crown lands.
Consent for proposed clearing of vegetation in a non-rural area or that requires development consent under a Local Environmental Plan or a SEPP are generally managed through development applications with your local consent authority.
Approval to clear native vegetation may also be required on urban land through the Native Vegetation Panel via State Environment Planning Policy. Local Land Services can advise you about how to apply under this pathway.
Read more about Native Vegetation Panel approvals.
Contact the NSW Forestry Corporation for advice relating to State Forests or Timber Reserves.
If it is likely there are Aboriginal objects in the area proposing to be cleared, you have obligations to protect them.
Aboriginal objects include:
- physical objects, such as stone tools, Aboriginal-built fences and stockyards, scarred trees and the remains of fringe camps
- material deposited on the land, such as middens
- the ancestral remains of Aboriginal people.
Read more about due diligence and protecting cultural heritage.
Before clearing native vegetation using management burning, you should consult the local Fire Brigade Captain or Fire Control Officer. You may need to obtain a permit or undertake burning at a certain time.
Read more about fire permits.
It is illegal to remove or otherwise damage any survey mark unless authorised by the Surveyor General. Survey marks include blazed trees. You can find out if there are survey marks on your property by contacting NSW Land Registry Services on 1300 396 076.
A ‘controlled activity approval’ may be required from the Natural Resources Access Regulator for activities within 40 metres from the bank of any river, lake or estuary. Approvals are needed where the activity will cause more than minimal impact.
Activities that may impact on Matters of National Environmental Significance (MNES) may require approval from the Federal Minister for the Environment.
This includes certain clearing activities that might impact:
- nationally threatened and migratory species
- nationally threatened ecological communities
- wetlands of international importance (Ramsar)
- world and national heritage properties.
Some approvals under the Equity Part of the Land Management Code may need referral. This applies unless Local Land Services is reasonably satisfied that approval under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) is not needed for the clearing.
Local Land Services is working with the Federal Department of Climate Change, Energy, the Environment and Water to streamline the process. The aim is to reduce the need for dual consent and dual compliance.
Contact Local Land Services NSW
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