The Native Vegetation Panel is an independent Government agency established under the Local Land Services Act 2013. The Panel's key function is to determine applications to clear native vegetation:
- in rural areas that may not meet conditions under allowable activities or the Land Management (Native Vegetation) Code 2018
- in non-rural areas that exceed the Biodiversity Offsets Scheme Threshold.
Read more about the Native Vegetation Panel.
Before you start
Read the guide to getting started with native vegetation management to see if you meet the requirements to clear under:
- allowable activities
- the Land Management Code
- development consent
- State significant infrastructure approval.
The Local Land Services Act 2013 provides a framework for the clearing of native vegetation when development consent or other statutory approval is not required (generally associated with intensive agriculture) on rural land in NSW.
Criteria for applying to the Native Vegetation Panel
There are 2 legislative pathways that can direct a landholder to the Native Vegetation Panel.
- In rural areas - Part 5A, Division 6 of the Local Land Services Act 2013
- In non-rural areas - Chapter 2 of State Environmental Planning Policy (Biodiversity and Conservation) 2021.
Your application must meet the following criteria:
The land must comprise or include category 2-regulated land (within rural areas).
You must be clearing vegetation for a purpose that does not require:
- development consent
- State significant infrastructure approval
- authorisation under Part 5 of the Environmental Planning and Assessment Act 1979
- other statutory approval.
Your application must include a Biodiversity Development Assessment Report (BDAR) for the proposed clearing. This report must be prepared by an accredited assessor using the Biodiversity Assessment Method (BAM).
The BAM also provides guidance on how to avoid and minimise impacts before calculating offsets.
Your application must also include an assessment of the social and economic impacts of the proposed clearing, as well as any environmental impacts that are not addressed by the BDAR, such as:
- soil erosion
- salination
- acidification or other adverse land or water impacts.
How applications are assessed
Applications require an assessment of the environmental, social and economic impacts of the proposed clearing. They must also consider the purpose for which the land is to be used after it’s cleared.
This includes considering:
- the likely impacts of the proposed clearing on biodiversity values, using the BAM
- identification of biodiversity credits which should be retired to offset the biodiversity impacts of the proposal
- whether the clearing is likely to cause or increase:
- soil erosion
- salination
- acidification
- land slip
- flooding
- pollution or other adverse land and water impacts
- any future clearing of native vegetation on the land that has been duly authorised or notified but not yet carried out.
Approvals by the panel
The Native Vegetation Panel can grant approvals subject to conditions. This can include a requirement to retire biodiversity credits to offset the residual impact on biodiversity values identified in the BDAR.
The Panel has to refuse an application if the proposal is likely to have a serious and irreversible impact on biodiversity values.
Applicants will receive formal notice on the outcome of their application.
The Native Vegetation Panel may reduce or increase the number of biodiversity credits needed for a project based on an assessment of the social, economic and environmental impacts of the proposed clearing.
Native Vegetation Panel assessment process
Before you apply
Prior to lodging an application to the Native Vegetation Panel, it is recommended that you undertake a pre-lodgement meeting with the Native Vegetation Panel Secretariat.
In this meeting you can discuss:
- the proposed clearing
- the type of information that will be required when submitting your application.
Be sure you have:
- considered legislation and policy documents
- scoped your proposal to highlight all matters and impacts that will be assessed.
You may wish to seek advice from a Biodiversity Assessment Method (BAM) Accredited Assessor or professionals who are experienced in describing relevant social, economic and environmental impacts.
Prepare your application
Your application must include:
- a signed application form (PDF 526.11KB)
- a project assessment report
- a completed social impact assessment questionnaire
- an impact assessment including a Biodiversity Development Assessment Report.
Project assessment report requirements
A general guide to the layout and information that should be included in your report is:
- an executive summary
- site description:
- property location and context (address and location plan)
- description of environmental attributes, landscape features, planning approvals, covenants or easements
- land use description (for example, agriculture comprising irrigated crop production and sheep farming).
- project description:
- proposed clearing area in hectares
- type of vegetation to be cleared
- method of clearing
- timing of clearing
- reasons for clearing
- why the location has been selected
- any significant environmental values.
- site plan showing the proposed location and extent of vegetation clearing
- statutory requirements to be considered
- consultation and stakeholder engagement
- project justification and consideration of alternatives outlining the need for the project.
Impact assessment requirements
Demonstrate considerations of ecological sustainable development via:
- environmental impacts, including a Biodiversity Development Assessment Report (BDAR) for the proposed clearing that has been prepared by an accredited assessor
- economic impacts (for example cost-benefit analysis)
- social impacts (including a completed Social Impact Assessment Questionnaire)
- identification of any Aboriginal cultural heritage sites, or Heritage items in the locality
- identification of cumulative impacts of the clearing on-site and in the region.
The level of detail provided in the assessment package is to:
- be proportionate to the nature and scale of the proposed native vegetation clearing and its potential environmental, social and economic impacts
- provide the Native Vegetation Panel sufficient information to make an informed decision.
Lodge your application
Your application should be assessment-ready when submitted to the Panel.
Be sure your application form has been signed by the landowner and by you as the applicant. If there is more than one landowner, every owner must sign.
Your application must include:
- a completed application form
- assessment report
- all accompanying information.
You can submit these to the Native Vegetation Panel Secretariat by email at info@nvp.nsw.gov.au.
Hard copy applications can also be lodged at a regional Local Land Services office.
Once the Panel's Secretariat confirms your application has enough information, you will need to pay an application fee. This fee must be paid before your application can progress.
All application material will be placed on public exhibition with the application.
Panel assessment
All applications will be formally assessed by the Native Vegetation Panel. The Panel will consider the environmental, social and economic impacts of the proposed clearing in accordance with the principles of ecologically sustainable development.
The Native Vegetation Panel will also make its assessment with regard to the purpose for which the land is to be used after it is cleared. The assessment process potentially includes public notification, consultation, and site visits.
Determination
Your application will likely be determined within 90 days of lodgement.
However, if insufficient information is provided with the initial application, the Native Vegetation Panel may decide to “stop the clock” to request further information from the applicant.
Application Outcomes
There are two possible outcomes for an application to clear native vegetation.
Applications can be:
- granted approval within conditions, or
- refused with reasons.
The Native Vegetation Panel will refuse to grant approval if the proposed clearing of native vegetation is likely to have serious and irreversible impacts on biodiversity values.
Appeals and modifications
If you disagree with the Panel’s decision, you have 2 pathways:
Appeal decision
If the application is refused (or granted with unacceptable conditions), an applicant can commence an appeal to the Land and Environment Court.
Applicants have 6 months to lodge an appeal.
Modification of approval
If you wish to make changes to your approved plans (or the conditions), you can submit an application for a Modification of Approval (under section 60ZI of the Local Land Services Act 2013).
If the application varies too much from the original approval you will need to lodge a new application.
Before you can start work
An approval by the Native Vegetation Panel does not authorise the clearing of native vegetation until any obligation under the approval to retire biodiversity credits has been complied with. You may also be required to obtain any other licences or approvals required under other legislation.
During vegetation removal works
As the landowner, your role is to work with any contactors, keeping an eye on the work (and the terms of your consent) and managing the site. Enforcement measures can be applied if vegetation removal is not done in accordance with its consent, costing time and money and potentially leading to penalties.
Contact the Native Vegetation Panel
For any enquiries, you can contact the Native Vegetation Panel Secretariat (Local Land Services).