Equity under the Land Management Code

About Equity under the Code

The Land Management (Native Vegetation) Code 2018 supports landholders to undertake productive and sustainable farming practices, while managing environmental risk.  

Equity is Part 5 of the Land Management Code.

This part of the Code is used to change land use on a landholding that contains more than 10% remnant native vegetation. For example, changing land from native pastures or bushland to improved pastures or cultivated crops.

Equity allows the clearing of paddock tree areas, compromised groundcover, and native trees and shrubs in exchange for setting aside and maintaining areas of remnant vegetation. 

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 Equity part of the Code 

The Equity part of the Code provides 4 pathways with different conditions depending on the clearing impact and type of vegetation to be cleared.  

• Division 1 – Removing native vegetation from paddock tree areas (notification)
• Division 2 – Clearing compromised native groundcover (notification)
• Division 3 – Removing native vegetation from small areas (certification)
• Division 4 – Removing native vegetation from regulated rural areas (certification).

Removing native vegetation from paddock tree areas 

Paddock tree areas may be cleared at a rate of one paddock tree area for each 50 hectares of landholding in any 12-month period through a notification to Local Land Services. 

A paddock tree area means an area of native vegetation (Category 2 – regulated land) that is less than 500 square metres and is completely surrounded by cleared land (Category 1 – exempt land). 

Clearing paddock trees under this division of the Code does not require a set aside to be established. 

If you propose to clear more than the allocated number of paddock tree areas in a year, you will require certification under Division 4 - removing vegetation from regulated rural areas. 

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
• on Crown land or travelling stock reserves in the Central or Coastal Zone. 

Requirements prior to undertaking permitted clearing 

You are required to notify Local Land Services at least 14 days prior undertaking works to clear paddock tree areas under this division 

Alternatively, you can request a voluntary code compliant certificate for the intended clearing.  

Read more about notification requirements. 

Clearing compromised native groundcover 

Clearing of compromised groundcover may be authorised when less than 50% of the vegetation cover comprises native species. This can only be determined if the area has more than 10% vegetation cover.  

In order to clear groundcover under this part of the Code, the groundcover percentages must be calculated: 

• in a scientific and objective manner appropriate to the area proposed to be cleared and the species of vegetation that are present
• at a time of year when the proportion of native vegetation cover is likely to be at its maximum. 

It must not be calculated when: 

• recovering from any significant disturbance such as drought, fire or heavy grazing (generally within the previous 6 months). 

The landholder must maintain groundcover assessment records for at least 5 years after clearing native vegetation under this division. 

Read more about managing groundcover.

Landholding restrictions  

There are no landholding restrictions. 

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
• if the area has been cleared using the Pasture Expansion part of the Code. 

This division can authorise clearing on land that is an existing treatment area under other divisions of this Code.  Local Land Service can assist you with this. 

Requirements prior to undertaking permitted clearing  

You are required to notify Local Land Services at least 14 days prior undertaking works to clear compromised groundcover under this division.  

Alternatively, you can request a voluntary code compliant certificate for the intended clearing.   

Read more about notification requirements. 

Removing native vegetation from small areas 

Clearing of native vegetation from small areas may be undertaken at a rate of one small area for each 250 hectares of landholding in any 12-month period. 

A small area means an area of native vegetation (Category 2 – regulated land) that is not more than: 

• 4 hectares in the Western Zone
• 3 hectares in the Central Zone
• 1 hectare in the Coastal Zone. 

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 areas wholly surrounded by Category 2 - regulated land, unless certified by Local Land Services (a variation may apply)
• on Crown land or travelling stock reserves in the Central or Coastal Zone. 

Set aside requirements 

Clearing native vegetation from small areas requires the establishment of a set aside area that is actively managed for the purposes of conservation. 

The set aside area requirement varies according to the status of vegetation to be cleared. 

Land set aside under the Equity part of the Code cannot include any current publicly funded initiative, offset or existing set aside. 

Requirements prior to undertaking permitted clearing 

You must obtain a mandatory code compliant certificate from Local Land Services before clearing under this division. 

Read more about certification requirements.

Removing native vegetation from regulated rural areas 

This division of the Equity part of the Code permits clearing of all layers of native vegetation (this includes trees, shrubs and groundcover). 

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
• on Crown land or travelling stock reserves in the Central or Coastal Zone. 

Set aside requirements 

Clearing native vegetation from regulated rural areas requires the establishment of a set aside area that is actively managed for the purposes of biodiversity conservation. 

If the area proposed for clearing is a vulnerable ecological community (VEC) or endangered ecological community (EEC), the set aside area must contain vegetation which is part of the same VEC or EEC, and a larger set aside area is required. 

Land set aside under the Equity part of the Code cannot include any current publicly funded initiative, offset or existing set aside. 

The set aside area requirement varies according to: 

• the status of vegetation to be cleared
• the percentage of Category 2 – regulated land on the landholding
• if the treatment area or set aside is deemed to be of strategic landscape scale biodiversity importance. 

Requirements prior to undertaking permitted clearing 

You must obtain a mandatory code compliant certificate from Local Land Services before clearing rural regulated areas. 

Local Land Services must be reasonably satisfied by the landholder that approval is unnecessary or alternatively that approval has been granted under the Commonwealth Environment Protection and Biodiversity Conservation Act 1999 before issuing a mandatory code compliant certificate.   

Read more about certification requirements.

Re-categorisation of land  

Areas cleared in accordance with the Equity part of the Code may be authorised to be re-categorised to Category 1 – exempt land.  

Paddock tree areas and areas of compromised groundcover may not be re-categorised until after the clearing has taken place.   

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. 

Your next steps 

Contact Local Land Services for assistance: 

• to calculate the proportion of Category 2 – regulated land on your property
• with variations to a code compliant certificate
• to determine if you can clear land that is an existing treatment area under other divisions of the Code. 

If managing vegetation under the Equity provisions of the Code best suits your objectives, you should read: 

1. notifying and certification requirements
2. our resources including the guide to managing native groundcover. 

On-ground examples of using the Equity part of the Code