Managing native vegetation under the Land Management Code

Before you start

If you are not sure if the Land Management Code applies to your property or situation, read the guide to getting started with native vegetation management.

In some situations, clearing of native vegetation in rural areas for routine land management activities may not need approval from Local Land Services. Find out if your proposed works are allowable activities.

Local Land Services can give you advice to help you manage native vegetation on your property.

About the Land Management Code

The Land Management (Native Vegetation) Code 2018applies to all rural lands in NSW. 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.  

The Code provides directions on:  

• what native vegetation you can and cannot clear  
• circumstances when clearing is and is not permitted  
• how much clearing is permitted.  

The Code supports landholders undertaking productive and sustainable farming practices, while managing environmental risk.  

You may need to notify Local Land Services for low impact land management activities. Activities with a high risk of adversely impacting on the environment may need certification by Local Land Services.

Clearing native vegetation under the Land Management Code  

There are types of land where clearing native vegetation under the Code is not permitted. These include:

• coastal wetlands
• old growth forests
• littoral rainforests
• core koala habitat
• critically endangered ecological communities.  

Limited application of the Code applies to:  

• vulnerable land and riparian buffer zones  
• areas containing threatened species and communities  
• small holdings  
• holdings with low levels of remnant vegetation.  

The Code does not authorise the clearing of native vegetation that is part of a critically endangered ecological community (CEEC). The only exception is in the Monaro and Werriwa Cool Temperate Grassy Woodlands CEEC under specific conditions and following an assessment by Local Land Services.  

Read more about Monaro and Werriwa cool temperate grassy woodlands.

Code options for landholders  

You can only manage one area of land under one part of the Land Management Code at a time.

For example, if you have a code certificate for mosaic thinning on an area of land, you can’t use another part of the code on the same area. This means you can’t also submit a notification for invasive native species to thin stem density further in retained patches. 

Set aside requirements  

Under the Equity and Farm Plan parts of the Code, you may need to create a 'set aside' in exchange for clearing native vegetation.

A ‘set aside’ is an area of land that is actively managed for the purposes of conservation.  

Set asides:  

• are determined by a ratio in relation to the area nominated for clearing  
• are placed on the land in perpetuity  
• will be listed on a public register  
• must be in addition to any current publicly funded initiative, offset or existing set aside  
• must be actively managed by the landholder to promote and improve biodiversity.  

Landholders must work with Local Land Services to develop a management plan for the set aside area that:  

• promotes vegetation integrity  
• balances the environmental impacts of clearing  
• specifies general management requirements  
• includes a system for recording all management actions.  

Clearing of native vegetation in a set aside area, including clearing for allowable activities, is not permitted. Clearing in a set aside is only allowed if clearing is authorised by a mandatory code compliant certificate.

Buffer distances around water bodies  

Clearing native vegetation within the buffer distances of water bodies is restricted. In some cases clearing is not permitted at all when applying parts of the Code.  

Buffer distances vary for different types of waterbodies.  

For more information, read the guide on determining buffer distances from water.

Managing native groundcover  

You can find native groundcover throughout much of NSW.  

The makeup of groundcover vegetation varies between regions, but native grasses usually dominate.

Native groundcover varies widely in condition. What you can clear, and the approvals needed depend on the condition.  

Low Conservation Value (LCV) native groundcover is not regulated (Category 1 – exempt). You can clear this without approval. In many situations you can self-assess or you can speak to Local Land Services for advice.  

Moderate Conservation Value (MCV) native groundcover is Category 2 – regulated land. You can clear this under certain conditions. You will need approval from Local Land Services and will need to establish a set-aside area.  

High Conservation Value (HCV) native groundcover is categorised as Category 2 – sensitive regulated land. Clearing this type of vegetation will generally not be approved. However, you can still sustainably graze these areas.  

Read more about assessing and managing native groundcover.

Notification and certification requirements  

Local Land Services processes notifications but does not approve them. We may contact you after receiving your notification to provide additional advice or to ensure the notification is valid.  

Instead of notifying, you can request a voluntary certification. This lets us confirm that your planned clearing meets the requirements of the Code.

Read more about notifying and certification.  

Get support from Local Land Services  

You can contact Local Land Services for help to work through the Code on your farm or for a field inspection to help identify your options.  

The Land Management team can provide support by:  

• undertaking a site visit if required  
• providing information and advice about application of the Code, and consideration of other relevant legislation  
• confirming regulated land types and vegetation community types  
• assisting with completion of the notification form and map showing the location of the landholding and the intended clearing area.