Local Land Services Pathway
The Local Land Services Act 2013 (LLS Act) regulates the clearing of native vegetation on Rural land but only when the activity is permitted without Council consent. There are two broad categories of land under the LLS Act; Category 1 (Exempt) land and Category 2 (Regulated, Vulnerable or Sensitive) land.
Is the proposed clearing on Category 1 (Exempt) Land?
If yes, clearing may be authorised under the LLS Act, but only where the activity is permitted without Consent from Council, and when no other permit is required under other legislation. For example, some Councils have a Tree Preservation Order which prohibits the removal of certain trees on certain land. It is also an offense to harm threatened species or their habitat, and a Biodiversity Conservation Licence may still be required from DPIE to remove certain vegetation on Category 1 (Exempt) Land. Other NSW or Commonwealth legislative requirements may also apply in this situation. The onus is on the applicant to ensure they are not committing an offense under other legislation.
Local Land Services (LLS) can provide advice regarding the presence of threatened species and Category 1 (Exempt) Land - land categories fact sheet.
Legislative references:
Section 60H of the Local Land Services Ac 2013.
Even if the LLS Act permits clearing, other approvals may also be necessary
LLS Fact Sheet - What Other Approvals Apply?
Is the proposed clearing on Category 2 (Regulated, Sensitive or Vulnerable) Land?
If located on Category 2 (Regulated, Sensitive or Vulnerable) Land, the clearing may be authorised as an Allowable Activity or under the Land Management (native vegetation) Code within the LLS Act, but only when the activity is permitted without Council consent.
Customers should first check if the activity is permitted without consent, then use the Native Vegetation Regulatory Map to determine what kind of Category 2 land it is, Regulated, Sensitive or Vulnerable, and consult with their nearest LLS office regarding the clearing provisions available to them.
Legislative references:
Section 60I of the Local Land Services Act
If the clearing on Category 2 (Regulated, Sensitive or Vulnerable) Land is not an Allowable Activity or is not authorised under the Land Management (native vegetation) Code, the clearing will need to be offset under the Biodiversity Offset Scheme. This means:
The proponent will need to meet the requirements of the scheme and engage an Accredited Assessor to prepare a Biodiversity Development Assessment Report (BDAR); and
The clearing will need to be approved by the Native Vegetation Panel established by Division 6 of Part 5A of the LLS Act 2013. For more information and guidance on making an application, follow this link: Native Vegetation Panel
Other NSW or Commonwealth legislation may also apply in addition to the Panel approval. It is the responsibility of the applicant to gain the necessary approvals.
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