Veg SEPP Pathway

In the REROC and RAMROC Council areas, the State Environmental Planning Policy (Vegetation in non-Rural areas) 2017 (Veg SEPP) regulates clearing on all zones that are not W1, W2, RU1, RU2, RU3, RU4 or RU6, but only when the activity is permitted without consent from Council.

  • Is the proposed clearing on land regulated by the Veg SEPP?

The Veg SEPP will apply if the activity is permitted without consent. Examples of zones where the Veg SEPP applies include all residential zones (R), RU5, all commercial and industrial zones, recreation and special zones, environmental zones (E zones) and working waterways (W3). Land to which the Veg SEPP applies is mostly Non-Rural land, and is defined in Clause 5 of the Veg SEPP.

Land regulated by the Veg SEPP is excluded from the Local Land Services Act 2013, and is shown as grey on the Native Vegetation Regulatory Map.

Legislative references:
Clause 15 of the State Environmental Planning Policy (Vegetation in Non-Rural Areas)

  • Some clearing on non-Rural land may be exempt from the Veg SEPP;

    • Vegetation is dead/dying and not native animal habitat; OR

    • Vegetation is a risk to human life or property; OR

    • Falls into special transitional provisions for clearing associated with a Routine Agricultural Management Activity (RAMA). Such clearing may not need approval.

Applicants should seek advice from Council or the Native Vegetation Panel to confirm whether any exemptions apply before the clearing is done.

Further explanation of the exemptions under the Veg SEPP is available at the following link; FAQ Vegetation SEPP.

  • Some clearing on non-Rural land may trigger the Biodiversity Offset Scheme;

Use the Biodiversity Values Map and Threshold Tool (BMAT) tool to generate the BOSET report.

Refer to the User Guide linked to the home page of the map.

If the report indicates that the BOS Entry Thresholds have been exceeded, the Biodiversity Offset Scheme will apply.

  1. Is the proposed development located on the Biodiversity Values Map?
    Use this map to search for the Lot and DP (select the blue ‘I want to’ button, search land parcel by Lot and DP)
    Refer to the User Guide
    Legislative references: Section 7.4 of the Biodiversity Conservation Act 2013; cl7.1 of the Biodiversity Conservation Regulation

  2. Is the proposed development going to exceed the clearing thresholds?
    Use this tool to test the clearing area threshold. Use the polygon tool to estimate the area of native vegetation to be cleared.
    Refer to the User Guide
    Legislative references: Section 7.4 of the Biodiversity Conservation Act 2013; cl7.1 of the Biodiversity Conservation Regulation

If the answer to either of these questions is ‘yes’, the Biodiversity Offset Scheme applies

If the answer to BOTH of these questions is ‘no’, the clearing may still require a permit from Council under the Development Control Plan (DCP)

Even when a permit is not required under the DCP, Section 2.8 of the Biodiversity Conservation Act 2016 regulates impacts to threatened species and their habitat. That means that while the clearing can be carried out without a permit, it may be an offense to do so.

A Biodiversity Conservation Licence may be required from DPIE to authorise such clearing. Advice should be sought from DPIE when applying for a License to Pick or Harm a Threatened Species or Ecological Community. This license provides a defense against the Biodiversity Conservation Act 2016 offenses if an action causes that kind of harm. Such activities include RAMAs on E zones. Read more about the License to Harm;

All members of the community should be aware that any clearing of native vegetation has the potential to harm threatened species or their habitat. Doing so could be an offense, regardless that it does not need a permit.

The Department of Planning, Industry and Environment has recently produced guidelines to support Councils manage vegetation through the DCP - Managing Vegetation with a DCP.

Need Support? Use this online form to register your questions with the Department of Planning, Industry and Environment