Land Management (Native Vegetation) Code 2017 (NSW)
New South Wales
Land Management (Native Vegetation) Code 2017
under the
Local Land Services Act 2013
I, the Minister for Primary Industries, make the following Land Management (Native Vegetation)
Code under section 60T of the Local Land Services Act 2013.
| Dated this | 2 | 4 | t | h | d | ay of August 2017. |
NIALL BLAIR, MLC
Minister for Primary Industries
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Contents
| Part 1 | Preliminary ......................................................................................................................... 3 | |||||||
| Part 2 | Invasive Native Species .................................................................................................... 10 | |||||||
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| Part 3 | Pasture Expansion ............................................................................................................ 14 | |||||||
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| Part 4 | Continuing Use ................................................................................................................. 21 | |||||||
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| Part 5 | Equity ............................................................................................................................... 24 | |||||||
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| Part 6 | Farm Plan Code ............................................................................................................... 35 | |||||||
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| Schedule 1 | Invasive native species list ............................................................................................... 40 | |||||||
| Schedule 2 | Description of Keith vegetation formations ..................................................................... 42 | |||||||
| Schedule 3 | Set aside area management strategies and tactics ............................................................. 45 | |||||||
| Schedule 4 | Maximum equity clearing in the first three years ............................................................. 48 | |||||||
| Schedule 5 | Interpretation of key words and phrases ........................................................................... 50 |
Schedule 6 Notification requirements
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| Part 1 | Preliminary |
1 Name
This Code is the Land Management (Native Vegetation) Code 2017.
2 Commencement
This Code commences on 25 August 2017 and is required to be published on the NSW legislation website.
3 Aims
The aims of this Code are to:
(a) authorise clearing of native vegetation on Category 2- regulated land, (b) provide for establishment and management of set aside areas, and (c) authorise re-categorisation of land.
4 Definitions and Interpretation
(1) Schedule 5 to this Code defines key words and phrases for the purposes of this Code. (2) To the extent of any inconsistency between this Part and any other Part or Division of the
Code, this Part prevails.(3) Words and phrases that are defined in the Local Land Services Act 2013 or in the Local
Land Services Regulation 2014 have the same meaning in this Code.5 Structure of this Code
This Code is divided into the following Parts:
(a) Part 2, Invasive Native Species – permits clearing of native vegetation that has been identified as an invasive native species, and permits certain agricultural activities in treatment areas, in certain circumstances; (b) Part 3, Pasture Expansion – permits a range of clearing of woody native vegetation, by uniform thinning and mosaic thinning; (c) Part 4, Continuing Use – permits clearing of post-1990 regrowth in previously cleared areas; permits continuation of clearing consistent with land management activities undertaken prior to commencement of the Local Land Services Amendment Act 2016; permits clearing associated with a rotational land management activity and authorises re-categorisation of land in certain circumstances;
(d)
Part 5, Equity – permits clearing of native vegetation; provides for re- categorisation of areas cleared of native vegetation in accordance with the Part; and provides for establishment of set aside areas on Category 2- regulated land;
(e)
Part 6, Farm Plan – permits clearing of native vegetation on Category 2- regulated land; provides for re-categorisation of areas cleared of native vegetation in accordance with the Part; provides for establishment of set aside areas on Category 1- exempt land and Category 2 – regulated land; and provides for re- categorisation of set aside areas established in accordance with the Part.
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6 Land to which this Code applies
This Code applies to all land in New South Wales to which Part 5A of the Local Land Services
Act 2013 applies.Note: This Code does not authorise clearing on all land to which Part 5A applies. This Code and the Local Land Services Regulation 2014 specify land on which clearing is not authorised. In particular, clearing is not permitted on land designated as category 2 – sensitive regulated land.
7 Clearing of critically endangered ecological community not authorised
Clearing of native vegetation is not authorised by this Code if the native vegetation forms part of a critically endangered ecological community.
8 Clearing outside treatment area
Clearing of native vegetation is not authorised by this Code if the clearing occurs outside a treatment area.
9 Clearing under authority of this Code not to harm threatened animal species
Clearing is not authorised by this Code if the person who carries out the clearing harms an animal that is a threatened species and that person knew that the clearing was likely to harm the animal.
10 Clearing for forestry purposes
This Code does not authorise clearing of native vegetation for forestry operations within the meaning of section 3 of the Forestry Act 2012. However, this clause does not prevent the sale of timber from native vegetation lawfully cleared in accordance with this Code.
11 Re-categorisation of land
(1)
Re-categorisation of land in accordance with section 60K(3)(e) of the Local Land Services Act 2013 is authorised by this Code where re-categorisation is expressly provided for under a Part of the Code.
(2) The following Parts of this Code provide for re-categorisation of land:
(a) Part 4, Continuing Use, (b) Part 5, Equity, (c) Part 6, Farm Plan.
(3) Land is authorised to be re-categorised to the Category to which the land was categorised
prior to the issue of a voluntary or mandatory code compliant certificate where the
certificate authorising re-categorisation is subsequently surrendered or revoked and
clearing of native vegetation set out in the relevant certificate has not been carried out.(4) Where a voluntary or mandatory code compliant certificate authorising re-categorisation
is varied by Local Land Services, land is authorised to be re-categorised to reflect the
variation of the certificate.12 Notification of intended clearing of native vegetation
(1) Where specified in this Code, clearing of native vegetation may only be carried out after
notification of intended clearing has been provided to Local Land Services.(2) Notification must be made within the time, and in the form and manner, specified in
Schedule 6, unless otherwise specified in this Code.4
(3) A notification made under this code has effect for 15 years from the date on which the
notification is made. If a notification is made for clearing under a Division which
authorises the re-categorisation of land, and land is re-categorised as a result of that
authorisation, the expiry of the notification does not affect that re-categorisation .(4) Unless otherwise specified in this Code, notification may not be made over land that is an
existing treatment area under any Division of this Code.(5) A landholder who holds a voluntary code compliant certificate is exempt from the
requirement to notify Local Land Services of the intended clearing of native vegetation
that is specified in the certificate.(6) A landholder who holds a voluntary code compliant certificate must comply with the
terms of that certificate.(7) A voluntary code compliant certificate issued under this Code has effect for 15 years
from the date on which the certificate is issued. If a voluntary code compliant certificate
authorises the re-categorisation of land, and land is re-categorised as a result of that
authorisation, the expiry of the certificate does not affect that re-categorisation.(8) Unless otherwise specified in this Code, a voluntary code compliant certificate may not
be issued over land that is an existing treatment area under any Division of this Code.13 Certification of intended clearing of native vegetation
(1) Where specified in this Code, clearing of native vegetation may only be carried out after
Local Land Services has certified in a mandatory code compliant certificate that the
intended clearing complies with the terms of the relevant Part of the Code.(2) A landholder who holds a mandatory code compliant certificate must comply with the
terms of that certificate.(3) Subject to subclause (4), a mandatory code compliant certificate issued under this Code
has effect for 15 years from the date on which the certificate is issued.(4) A mandatory code compliant certificate which establishes a set aside area has effect in
perpetuity.(5) If a mandatory code compliant certificate authorises the re-categorisation of land, and land is re-categorised as a result of that authorisation, the expiry of the certificate does not affect that re-categorisation. (6) Unless otherwise specified in this Code, a mandatory code compliant certificate may not
be issued over land that is an existing treatment area under any Division of this Code.14 Special provisions relating to Division 3 of Part 3 (Mosaic thinning of woody native vegetation)
(1) Any area cleared under Division 3 of Part 3 may not be used as a set aside area under this
Code.
(2) Subject to subclause (3), if a certificate has been issued under Division 3 of Part 3 in
respect of land, a notification or certificate under any other Division of this Code may not
be given or issued authorising clearing on that land or any part of that land.
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(3) A certificate under Divisions 3 or 4 of Part 5 (Equity) of this Code (an Equity certificate)
may be issued in respect of land the subject of a certificate under Division 3 of Part 3 but
only if:
(a)
any clearing authorised by the Equity certificate is authorised only on land already cleared under Division 3 of Part 3,
(b)
any set aside areas required to be established by the Equity certificate are comprised only of retained areas under Division 3 of Part 3, and
(c)
the clearing and set asides under the Equity certificate are wholly contained in a single treatment area under Division 3 of Part 3.
(4) Subclause (3) does not permit the issue of an Equity certificate over an existing treatment
area.
15 Buffer distances for water bodies
(1) Where this Code refers to buffer distances from a water body, the distances set out in the
table below apply.
Distance within which clearing is not
Water body type permitted (metres)
Unmapped and 1st order streams 10 2nd order stream 20 3rd order stream 30 4th and 5th order stream 40 6th order stream and above 50 Local wetland 20 Important Wetland 50 Estuarine area 50
(2) Buffer distance are to be measured:
(a) in the case of a stream – from the top bank of the stream; or (b) in the case of a wetland or estuarine area – from the edge of the wetland or estuarine area. (3) For the purposes of this Code, a reference to a stream is a reference to an incised
watercourse that exhibits the features of a defined channel with bed and banks.16 Power for LLS to refuse certificate
Local Land Services may refuse to issue a voluntary code compliant certificate or a mandatory code compliant certificate, or may withdraw the authority to clear by revoking a notification, if:
(a)
the area of land on which clearing of native vegetation is proposed was subject to a notification, voluntary code compliant certificate or mandatory code compliant certificate at any time in the 5 years prior to the notification or the consideration of the application for a voluntary or mandatory code compliant certificate; and
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(b)
in the opinion of Local Land Services, the cumulative impact of all clearing, including the proposed clearing, is more than would be permitted under any single Part of this Code, would undermine the effectiveness of any condition of this Code or would result in excessive or broadscale clearing.
Note
: The intention of this clause is to prevent “stacking”, that is, the successive application of legitimate application of more than one Part of this Code on a particular property.
Parts of this Code to the same parcel of land that would result in more cumulative clearing than the
17 Establishment of set aside areas
(1) Where specified in this Code, a mandatory code compliant certificate must require the
establishment of a set aside area.(2) A mandatory code compliant certificate that requires the establishment of a set aside area must identify the location of the set aside area and the management obligations (including any management actions that are prescribed or precluded) that apply in the set aside area, in addition to any management obligations that are imposed by this Code. (3) Clearing of native vegetation in a set aside area, including clearing for allowable activities, is not permitted unless the clearing is authorised by a mandatory code compliant certificate. Note: Under section 60ZC(5)(b) of the Local Land Services Act 2013, a landholder must not clear native vegetation on a set aside area, other than:
(a) in the the course of land management activities authorised or required by this Code or a certificate, or (b) for allowable activities that improve the native vegetation on the set aside area but only if such activities are authorised by this Code or a certificate.
18 Management of set aside areas
(1) The landholder of land on which a set aside has been established must:
(a)
make reasonable efforts to manage the set aside area in a manner expected to promote vegetation integrity in the set aside area;
(b)
keep records of all management actions undertaken in the set aside area including the timing and location of management actions; and
(c)
on request by Local Land Services, provide records of management actions undertaken in the set aside area.
(2) In meeting the general management requirement under paragraph (1)(a), a landholder
may only undertake management actions consistent with set aside management strategies
and tactics set out in Schedule 3 of this Code.(3) In addition to the general management requirement under paragraph (1)(a), the
landholder must carry out any management actions set out in the mandatory code
compliant certificate, including any revegetation requirements.(4) If Local Land Services forms the view that a landholder has not met the general
management requirement under paragraph (1)(a) or any management actions set out in
the mandatory code compliant certificate, Local Land Services may, after consultation
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with the landholder, amend the relevant mandatory code compliant certificate to
prescribe or preclude specific management actions.
(5) Management actions prescribed or precluded by Local Land Services must not require
the landholder to make more than reasonable effort to manage the set aside area and must
be consistent with the management strategies and tactics set out in Schedule 3 of this
Code.(6) The consultation referred to in subclause (4) must include, as a minimum, the following steps:
(a) Local Land Services must provide the landholder with notice of the proposed amendments to the mandatory code compliant certificate, along with reasons for the proposed amendments, (b) the landholder must be provided with a reasonable opportunity in which to make submissions on the proposed amendments, and (c) Local Land Services must consider any submissions made by the landholder prior to making a decision on the proposed amendments. (7) A certificate may only be amended under subclause (4) with the approval of an officer of
Local Land Services at Team Leader level or higher.(8) Local Land Services may specify allowable activities that are permitted in a set aside area where specified allowable activities are reasonably necessary to facilitate management of the set aside area and those activities would have no material impact on, or would lead to an improvement in,the biodiversity value of the set aside area. 19 Identification of vulnerable and endangered ecological communities
(1) For the purposes of this Code, native vegetation is taken to be an instance of a vulnerable
ecological community or an endangered ecological community where, in the opinion of
Local Land Services, the vegetation forms a functioning ecological community that is
likely to be viable over the long term.(2) When forming an opinion about whether vegetation forms a functioning ecological
community that is likely to be viable over the long term, Local Land Services is to have
regard to:
(a) the structure, composition and function of the vegetation including the species present and the proportion of each species in each vegetation strata, (b) the area over which the vegetation is present, including the shape of the area and the ratio of area to edge, (c) the location of the vegetation in relation to other native vegetation in the landscape, and (d) impacts on the vegetation arising from activities or conditions on land immediately likely to have an adverse impact on the vegetation over time.
(3) This section does not apply to intended clearing of native vegetation that requires
notification to Local Land Services unless the landholder applies to Local Land Services
for a voluntary code compliant certificate.(4) Local Land Services may prepare guidelines to assist it in determining whether
vegetation forms a functioning ecological community that is likely to be viable over the
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long term. If no guidelines have been made in respect of a particular ecological
community, the vegetation is taken to form a functioning ecological community that is
likely to be viable over the long term if, in the opinion of Local Land Services, 50% or
more of the vegetation comprising the overstory, midstory or groundcover in the relevant
area are species identified in the Final Determination for that community.
20 Specified restrictions in this Code
Any requirements in this Code that are described as ‘Landholding restrictions’, ‘Treatment area restrictions’ and ‘Method and impact restrictions’ are in addition to any other applicable requirements in this Code, a certificate, the Local Land Services Act 2013 and the Local Land Services Regulation 2014.
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| Part 2 | Invasive Native Species |
| Division 1 | Low impact clearing of invasive native species |
21 Permitted clearing of native vegetation
(1) This Division authorises clearing of invasive native species from a treatment area in
accordance with the conditions in this Division.(2) Clearing of invasive native species is only permitted under this Division if, in Schedule 1 to this Code, the species is identified as an invasive native species for the region in which the clearing is proposed. (3) This Division also authorises the clearing of vegetation that is not an invasive native
species but only in accordance with the conditions of this Division.22 Requirements prior to undertaking permitted clearing
Clearing of native vegetation may only be carried out under this Division after notification of intended clearing has been provided to Local Land Services or Local Land Services has issued a voluntary code compliant certificate for the intended clearing.
23 Landholding restrictions
Nil.
24 Treatment area restrictions
Nil.
25 Method and impact conditions
(1) Clearing is limited to methods that are likely to result in minimal disturbance to soil and
groundcover, including but not limited to burning and clearing of individual plants.(2) In the case of clearing on land that is not category 2 – vulnerable regulated land, the
clearing may cause no more than minimal disturbance to soil and groundcover.(3) In the case of clearing on land that is category 2 – vulnerable regulated land, the clearing
may cause no more than nil disturbance to soil and groundcover.Note: ‘minimal disturbance to soil and groundcover’ and ‘nil disturbance to soil and groundcover’ in are defined in Schedule 5.
(4) Clearing of native vegetation comprising non-invasive native species is permitted only to
the minimum extent necessary.(5) Trees and shrubs which are non-invasive native species must not exceed 10% of the total
number of trees and shrubs cleared from the treatment area.(6) Notwithstanding subclause (4), where clearing is undertaken by clearing of individual
plants, clearing of non-invasive native species must not exceed 2% of the total number of
trees and shrubs cleared from the treatment area.(7) Where clearing is undertaken other than by burning:
(a) clearing is limited to invasive native species with a diameter at breast height over bark of 20 centimetres or less; or for the following species, 30 centimetres or less: (i) Acacia aneura (Mulga)
(ii) Acacia excelsa (Ironwood)
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(iii) Callitris endlicheri (Black Cypress Pine)
(iv) Callitris glaucophylla (White Cypress Pine)
(v) Casuarina cristata (Belah)
(vi) Eucalyptus camaldulensis (River Red Gum)
(vii) Eucalyptus coolabah (Coolibah)
(viii) Eucalyptus intertexta (Red Box)
(ix) Eucalyptus largiflorens (Black Box)
(x) Eucalyptus populnea subsp. bimbil (Bimble Box, Poplar Box)
(xi) Geijera parviflora (Wilga)
(b) at least 20 plants comprising the invasive native species cleared from the treatment area must be retained in each hectare of the treatment area where the species listed in paragraph (a) are cleared; (c) retained plants referred to in paragraph (b) must be at least 2 metres in height and the composition of retained plants should reflect the proportion of each invasive native species present in the treatment area prior to permitted clearing being carried out; and (d) clearing may be undertaken in no more than 90% of each 1000 hectares of the treatment area or part thereof. Note: Clearing for the allowable activity of sustainable grazing is not restricted by this Code. Sustainable grazing is grazing by livestock, and the management of grasslands used for grazing, that is not likely to result in the substantial long-term decline in the structure and composition of native vegetation. Management of grasslands includes (without limitation) the over-sowing or fertilisation of grasslands.
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| Division 2 | Moderate impact clearing of invasive native species |
26 Permitted clearing of native vegetation
(1) This Division authorises clearing of invasive native species from a treatment area in
accordance with the conditions in this Division.(2) Clearing of invasive native species is only permitted under this Division if, in Schedule 1 to this Code, the species is identified as an invasive native species for the region in which the clearing is proposed. 27 Requirements prior to undertaking permitted clearing
Clearing of native vegetation may only be carried out under this Division after Local Land
Service has issued a mandatory code compliant certificate for the intended clearing.28 Landholding restrictions
Clearing of native vegetation is not permitted under this Division on a landholding that is a small holding.
29 Treatment area restrictions
In the opinion of Local Land Services, invasive native species must:
(a) comprise at least 50% of the trees and shrubs in the treatment area as a proportion of the total number of trees and shrubs in the treatment area; or (b) be invading a plant community in the treatment area where the invasive native species is not previously known to occur.
30 Method and impact conditions
(1) Unless otherwise specified in a mandatory code compliant certificate issued under this
Division, clearing is not permitted:(a) on Category 2- vulnerable regulated land;
(b)
within the buffer distance from a water body set out in clause 15 of this Code;
(c) on land that contains soil with a clay content of less than 5%; or
(d) on land that is a run-on area on which there is evidence of existing erosion.
(2) For the purposes of subclause (1), specified conditions may only be varied in a
mandatory code compliant certificate if Local Land Services is satisfied that the variation
is for a legitimate purpose, is reasonable in the circumstances and would have no
significant adverse environmental impacts.(3) Clearing of native vegetation that comprises non-invasive native species is permitted only
to the minimum extent necessary.(4) Clearing of trees and shrubs that are not invasive native species must not exceed 20% of
the total number of trees and shrubs cleared from the treatment area.(5) Non-invasive native species with a diameter at breast height over bark greater than 20 cm
must be retained.(6) Clearing is limited to invasive native species with a diameter at breast height over bark of
20 centimetres or less, or for the following species, 30 centimetres or less:(i) Acacia aneura (Mulga)
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(ii) Acacia excelsa (Ironwood)
(iii) Callitris endlicheri (Black Cypress Pine)
(iv) Callitris glaucophylla (White Cypress Pine)
(v) Casuarina cristata (Belah)
(vi) Eucalyptus camaldulensis (River Red Gum)
(vii) Eucalyptus coolabah (Coolibah)
(viii) Eucalyptus intertexta (Red Box)
(ix) Eucalyptus largiflorens (Black Box)
(x) Eucalyptus populnea subsp. bimbil (Bimble Box, Poplar Box)
(xi) Geijera parviflora (Wilga)
(7) Where the species listed in sub-clause (6) are cleared, at least 20 plants comprising the invasive native species cleared from the treatment area must be retained in each hectare of the treatment area. (8) Retained plants referred to in subclause (7) must be at least 2 metres in height and the
composition of retained plants should reflect the proportion of each invasive native
species present in the treatment area prior to permitted clearing being carried out.(9) Clearing may be undertaken in no more than 90% of each 1000 hectares of the treatment
area or part thereof.(10) Annual or non-persistent perennial species may be introduced into the treatment area up
to 5 times in a 15 year period but in no more than 3 consecutive years. The 15 year
period commences on the date of issue of the mandatory code compliant certificate.Note: Clearing for the allowable activity of sustainable grazing is not restricted by this Code. Sustainable grazing is grazing by livestock, and the management of grasslands used for grazing, that is not likely to result in the substantial long-term decline in the structure and composition of native vegetation. Management of grasslands includes (without limitation) the over-sowing or fertilisation of grasslands.
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| Part 3 | Pasture Expansion |
| Division 1 | Uniform thinning of woody native vegetation (notification) |
31 Permitted clearing of native vegetation
This Division authorises clearing native trees and shrubs from a treatment area such that:
(a) the density of remaining native trees and shrubs in the treatment area is at least 225 stems per hectare (being the minimum number of stems which must be retained in each hectare of the treatment area); and (b) retained trees and shrubs in the treatment area are, as far as reasonably possible:
(i) trees and shrubs that are at least 2 metres in height, and (ii) evenly dispersed in the treatment area.
32 Requirements prior to undertaking permitted clearing
Clearing of native vegetation may only be carried out under this Division after notification of intended clearing has been provided to Local Land Services or Local Land Services has issued a voluntary code compliant certificate for the intended clearing.
33 Landholding restrictions
(1) Clearing of native vegetation is not permitted under this Division on a landholding that is
a small holding.(2) Clearing of native vegetation is not permitted under this Division on a landholding that is
predominately in the Coastal Zone.34 Treatment area restrictions
(1) Clearing of native vegetation is only permitted under this Division if the vegetation
comprises one of the following Keith vegetation formations:(a) Arid Shrubland (Acacia sub-formation),
(b) Dry Sclerophyll Forest,
(c) Forested Wetland,
(d) Grassy Woodland,
(e) Semi-arid woodland,
(f) Wet sclerophyll forest (Grassy sub-formation).
Note: Keith formations are described in Schedule 2 to this Code. In this subclause, a reference to a formation includes a reference to any sub-formations of that formation described in Schedule 2.
(2) Clearing of native vegetation is not permitted under this Division in a treatment area that: (a) is less than 1 hectare in size, or
(b) contains a vulnerable ecological community or an endangered ecological community.
35 Method and impact conditions
(1) All native trees with a diameter at breast height over bark greater than 90 centimetres
must be retained.14
(2) Clearing carried out on Category 2- vulnerable regulated land or within the buffer
distance from a water body set out in clause 15 of this Code may only be carried out only
by clearing individual plants with nil disturbance of soil and groundcover.Note: Clearing for the allowable activity of sustainable grazing is not restricted by this Code. Sustainable grazing is grazing by livestock, and the management of grasslands used for grazing, that is not likely to result in the substantial long-term decline in the structure and composition of native vegetation. Management of grasslands includes (without limitation) the over-sowing or fertilisation of grasslands.
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| Division 2 | Uniform thinning of woody native vegetation (certification) |
36 Permitted clearing of native vegetation
(1) This Division authorises clearing native trees and shrubs from a treatment area such that:
(a)
the density of remaining native trees and shrubs in the treatment area is at least the minimum stem density for the Keith vegetation formation set out in the relevant table below (being the minimum number of stems which must be retained in each hectare of the treatment area); and
(b)
retained trees and shrubs in the treatment area are, as far as reasonably possible, evenly dispersed.
Table 1
For vegetation that is not part of an endangered ecological
community
Keith vegetation formation Minimum stem
densityArid Shrubland (Acacia sub-formation) 75 stems per hectare Dry Sclerophyll Forest 150 stems per hectare Forested Wetland 115 stems per hectare Grassy Woodland 115 stems per hectare Semi-arid Woodland 75 stems per hectare Wet Sclerophyll Forest (Grassy sub-formation) 150 stems per hectare Table 2
For vegetation that is part of a vulnerable ecological community or an endangered ecological community
Keith vegetation formation Minimum stem
densityArid Shrubland (Acacia sub-formation) 115 stems per hectare Dry Sclerophyll Forest 225 stems per hectare Forested Wetland 170 stems per hectare Grassy Woodland 170 stems per hectare Semi-arid Woodland 115 stems per hectare Wet Sclerophyll Forest (Grassy sub-formation) 225 stems per hectare In this subclause, a reference to a formation includes a reference to any sub- formations of that formation described in Schedule 2.
(2) The mandatory code compliant certificate issued by Local Land Services may specify an
alternative minimum stem density where Local Land Services is satisfied that:
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(a)
the benchmark density of the plant community type in which the clearing is proposed varies significantly from the average benchmark density for the formation to which the plant community type belongs and a higher stem density is required to avoid significant adverse environmental impacts at a local or regional scale; or
(b)
a lower stem density is for a legitimate purpose, is reasonable in the circumstances and would have no significant adverse environmental impacts.
37 Requirements prior to undertaking permitted clearing
Clearing of native vegetation may only be carried out under this Division after Local Land
Service has issued a mandatory code compliant certificate for the intended clearing.38 Landholding restrictions
Clearing of native vegetation is not permitted under this Division on a landholding that is predominately in the Coastal Zone unless Local Land Services is satisfied the primary use of the land is agricultural activities.
39 Treatment area restrictions
(1) Other than in the Coastal Zone, clearing of native vegetation is only permitted under this
Division if the vegetation in the treatment area comprises one of the following Keith
vegetation formations:(a) Arid Shrubland (Acacia sub-formation),
(b) Dry Sclerophyll Forest,
(c) Forested Wetland,
(d) Grassy Woodland,
(e) Semi-arid Woodland,(f) Wet Sclerophyll Forest (Grassy sub-formation).
(2) In the Coastal Zone, clearing of native vegetation is only permitted under this Division if
the vegetation in the treatment area comprises one of the following Keith vegetation
formations:(a) Arid Shrubland (Acacia sub-formation),
(b) Dry Sclerophyll Forest,
(c) Grassy Woodland,
(d) Semi-arid Woodland,(e) Wet Sclerophyll Forest (Grassy sub-formation).
(3) Clearing of native vegetation is not permitted under this Division in a treatment area that
is less than 1 hectare in size.(4) In this clause, a reference to a formation includes a reference to any sub-formations of
that formation described in Schedule 2.40 Method and impact conditions
(1) All native trees with a diameter at breast height over bark greater than 90 centimetres
must be retained.(2) Unless otherwise specified in a mandatory code compliant certificate issued under this
Division, in the Coastal Zone clearing is limited to the following genera: Acacia,
Allocasuarina, Angophora, Callitris, Casuarina, Corymbia, Eucalyptus, Leptospermum,
Melaleuca and Syncarpia.17
(4) For the purposes of subclauses (2) and (3), specified conditions may only be varied in a
mandatory code compliant certificate if Local Land Services is satisfied that the variation
is for a legitimate purpose, is reasonable in the circumstances and would have no
significant adverse environmental impacts.Note: Clearing for the allowable activity of sustainable grazing is not restricted by this Code. Sustainable grazing is grazing by livestock, and the management of grasslands used for grazing, that is not likely to result in the substantial long-term decline in the structure and composition of native vegetation. Management of grasslands includes (without limitation) the over-sowing or fertilisation of grasslands.
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| Division 3 | Mosaic thinning of woody native vegetation |
41 Permitted clearing of on native vegetation
(1) This Division authorises clearing native trees and shrubs from a treatment area such that:
(a)
the canopy cover of remaining native trees in the treatment area comprises at least 30% of the total treatment area;
(b)
retained native trees in the treatment area are, as far as reasonably possible, in patches of at least 5 hectares, which are evenly distributed throughout the treatment area; and
(c)
at least one patch of at least 5 hectares is retained in each 50 hectare portion of the treatment area.
(2) In subclause (1) (a), a reference to ‘canopy cover’ is a reference to the area covered by
any part of the canopy of a tree, including any gaps in that canopy.(3) The mandatory code compliant certificate issued by Local Land Services may specify
where retained patches of trees and shrubs may be cleared to the benchmark stem density
for the relevant Keith vegetation formation or sub-formation.42 Requirements prior to undertaking permitted clearing
Clearing of native vegetation may only be carried out under this Division after Local Land
Service has issued a mandatory code compliant certificate for the intended clearing.43 Landholding restrictions
(1) Clearing of native vegetation is not permitted under this Division on a landholding on
which, in the opinion of Local Land Services, Category 2- regulated land comprises less
than 30% of the total area of the landholding to which Part 5A of the Local Land Services
Act 2013 applies.(2) Clearing of native vegetation is not permitted under this Division on a landholding that is
a small holding.(3) Clearing of native vegetation is not permitted under this Division on a landholding that is
predominately in the Coastal Zone unless Local Land Services is satisfied the primary
use of the land is agricultural activities.44 Treatment area restrictions
On a single landholding, the total cumulative treatment areas under this Division must not
exceed 30% of the total area of the landholding to which Part 5A of the Local Land Services Act
2013 applies.
45 Method and impact conditions
(1) In the case of clearing on land that is not category 2 – vulnerable land, the clearing may
cause no more than minimal disturbance to soil and groundcover.(2) Unless otherwise specified in a mandatory code compliant certificate issued under this
Division, clearing of native vegetation is not permitted if the vegetation is on Category 2-
vulnerable regulated land or within the buffer distance from a water body set out in
clause 15 of this Code.(3) For the purposes of subclause (1), specified conditions may only be varied in a
mandatory code compliant certificate if Local Land Services is satisfied that the variation
is for a legitimate purpose, is reasonable in the circumstances and would have no
significant adverse environmental impacts.19
(5) Clearing of native vegetation is not permitted if the vegetation forms part of a vulnerable
ecological community or an endangered ecological community.(6) All native trees with a diameter at breast height over bark greater than 90 centimetres
must be retained.(7) If satisfied that it is reasonably necessary under the circumstances, Local Land Services
may, in the mandatory code compliant certificate, restrict clearing of native vegetation
under this Division to vegetation comprising one of the following Keith vegetation
formations:(a) Arid Shrubland (Acacia sub-formation),
(b) Dry Sclerophyll Forest,
(c) Forested Wetland,
(d) Grassy Woodland,
(e) Semi-arid woodland,
(f) Wet sclerophyll forest (Grassy sub-formation).
In this subclause, a reference to a formation includes a reference to any sub-formations of that formation described in Schedule 2.
(8) The mandatory code compliant certificate issued by Local Land Services under this
Division may specify species of native vegetation that may not be cleared in the
treatment area.Note: Clearing for the allowable activity of sustainable grazing is not restricted by this Code. Sustainable grazing is grazing by livestock, and the management of grasslands used for grazing, that is not likely to result in the substantial long-term decline in the structure and composition of native vegetation. Management of grasslands includes (without limitation) the over-sowing or fertilisation of grasslands. 46 Other conditions
This Division does not authorise a change in land use, for example, from grazing to cropping.
Accordingly, any area cleared under this Division may not be used for cropping.20
| Part 4 | Continuing Use |
| Division 1 | Managing woody native regrowth in managed native pastures |
47 Authorised clearing of native vegetation
This Division authorises clearing of native trees and shrubs that have regrown since 1
January 1990, other than trees and shrubs that:
(a) have regrown following unlawful clearing, or
(b)
have regrown following clearing caused by bushfire, flood, drought or other natural cause, or
(c) have regrown after clearing under Part 2 or Part 3 of this Code.
48 Requirements prior to undertaking authorised clearing
Nil.
49 Landholding restrictions
Nil.
50 Treatment area restrictions
Clearing of native vegetation under this Division is not authorised on land that is a treatment area under Part 3 (Pasture Expansion) of this Code.
51 Method and impact conditions
Clearing carried out on Category 2- vulnerable regulated land or within the buffer distance from a water body set out in clause 15 of this Code may only be carried out only by clearing individual plants and with nil disturbance of soil and groundcover.
Note: Clearing for the allowable activity of sustainable grazing is not restricted by this Code. Sustainable grazing is grazing by livestock, and the management of grasslands used for grazing, that is not likely to result in the substantial long-term decline in the structure and composition of native vegetation. Management of grasslands includes (without limitation) the over-sowing or fertilisation of grasslands.
21
| Division 2 | Continuation of land management activities undertaken after 1990 |
52 Permitted clearing of native vegetation
This Division authorises clearing of native vegetation consistent with a land management
activity lawfully undertaken at any time between 1 January 1990 and commencement of the
Act.Land management activity means any management of or impacts on native vegetation, including clearing, undertaken for an agricultural purpose.
53 Requirements prior to undertaking permitted impacts
(1) Clearing of native vegetation may only be carried out under this Division after Local Land
Service has issued a mandatory code compliant certificate for the intended clearing.
(2) Local Land Services is not to issue a mandatory code compliant certificate for the intended
clearing unless it is satisfied that the intended clearing could not be authorised under any
other Division of this Code.54 Landholding restrictions
Nil.
55 Treatment area restrictions
Nil.
56 Method and impact conditions
(1) Clearing of native vegetation must not exceed clearing consistent with the land
management activity.(2) Clearing may only be carried out on the area on which clearing consistent with the land
management activity was carried out.(3) Clearing may cause no more than minimal disturbance to soil and groundcover, unless a
greater level of disturbance is consistent with the land management activity.Note: Clearing for the allowable activity of sustainable grazing is not restricted by this Code.Sustainable grazing is grazing by livestock, and the management of grasslands used for grazing, that is not likely to result in the substantial long-term decline in the structure and composition of native vegetation. Management of grasslands includes (without limitation) the over-sowing or fertilisation of grasslands.
22
| Division 3 | Continuation of rotational activity undertaken prior to 1990 |
57 Authorised clearing of native vegetation
This Division authorises the clearing of native vegetation:
(a) that is associated with a rotational land management activity that:
(i)
was lawfully undertaken in a treatment area after 1 January 1943 in the case of a landholding that is predominately in the Western Zone or after 1 January 1950 in any other case; and
(ii) remained in place at 1 January 1990, and
(iii) is reasonable and in accordance with accepted farming practice, and(b) that has regrown as a result of that land management activity.
58 Requirements prior to undertaking clearing
(1) Clearing of native vegetation may only be carried out under this Division after Local
Land Service has issued a mandatory code compliant certificate for the intended clearing.(2) A mandatory code compliant certificate issued under this Division must:
(a) specify the rotational land management activity permitted to be undertaken in a treatment area; and (b) set out the extent of clearing of native vegetation that is authorised on the basis that it is associated with the specified rotational land management activity.
59 Landholding restrictions
Nil.
60 Treatment area restrictions
Nil.
61 Method and impact conditions
Clearing of native vegetation may only be undertaken to an extent consistent with clearing
associated with previous implementation of the specified rotational land management activity.
However, this clause does not restrict the manner in which the clearing may be undertaken.62 Re-categorisation of land
(1) The mandatory code compliant certificate issued by Local Land Services under this
Division may authorise the re-categorisation of the treatment area to Category 1- exempt
land if the rotational land management activity involves substantial impacts on all
vegetation strata present on the treatment area.(2) If the mandatory code compliant certificate issued by Local Land Services under this
Division authorises re-categorisation of the treatment area to Category 1- exempt land,
the method and impact conditions prescribed in this Division do not apply to the
treatment area.23
| Part 5 | Equity |
| Division 1 | Removing native vegetation from paddock tree areas |
63 Permitted clearing of native vegetation
(1) This Division authorises clearing native vegetation from paddock tree areas in
accordance with the conditions in this Division.
Paddock tree area means an area of Category 2- regulated land that is less than 500
square metres and is completely surrounded by Category 1- exempt land.(2) On any landholding, native vegetation may be cleared from paddock tree areas at a rate
of one paddock tree area for each 50 hectares of landholding in any 12 month period.(3) For the purposes of determining the number of paddock tree areas from which native
vegetation has been cleared in any 12 month period, clearing taken to have been carried
out on the date on which notification of intended clearing is made.64 Requirements prior to undertaking permitted clearing
Clearing of native vegetation may only be carried out under this Division after notification of intended clearing has been provided to Local Land Services or Local Land Services has issued a voluntary code compliant certificate for the intended clearing. Notification must be given for each 12 month period in which clearing is intended to be carried out.
65 Landholding restrictions
(1) Clearing of native vegetation is not permitted under this Division on a landholding on
which:
(a)
Category 2- regulated land comprises less than 10% of the total area of the landholding to which Part 5A of the Local Land Services Act 2013 applies; or
(b)
permitted clearing under this Division would reduce the proportion of Category 2- regulated land to less than 10% of the total area of land of the landholding to which Part 5A of the Local Land Services Act 2013 applies.
(2) In determining the proportion of Category 2 – regulated land for the purpose of subclause
(1) (b), the following areas are to be disregarded:
(a) any area of Category 2 – regulated that has been authorised to be re- categorised to Category 1 – exempt land, and (b) any area of Category 2 – regulated land that has been designated as Category 2 – regulated land because native vegetation was unlawfully cleared on that area or because the land was subject to a requirement to take remedial action (as
specified in section 60I(2)(f) of the Act).
(3) Clearing of native vegetation is not permitted under this Division on a landholding that is
a small holding.(4) Clearing of native vegetation is not permitted under this Division on a landholding that is
predominately in the Coastal Zone unless Local Land Services is satisfied the primary
use of the land is agricultural activities.
24
66 Treatment area restrictions
(1)
Clearing of native vegetation is not permitted under this Division in a treatment area that is entirely or partly on Category 2- vulnerable regulated land or within the buffer distance from a water body set out in clause 15 of this Code.
(2) Clearing of native vegetation is not permitted under this Division in a treatment area that: (a) is in the Central Zone or Coastal Zone; and
(b) contains Crown land within the meaning of the Crown Lands Act 1989; and
(c) is reserved or dedicated for the purposes of a travelling stock reserve within the meaning of Local Land Services Act 2013.
67 Method and impact conditions
Clearing of native vegetation is not permitted if the person undertaking the clearing knows that critically endangered species are present.
68 Re-categorisation of land
(1) Land comprising a treatment area that was cleared in accordance with this Division is authorised to be re-categorised to Category 1- exempt land. Re-categorisation is only authorised if the clearing has been carried out. (2) This subclause applies regardless of whether the clearing was carried out under the
authority of a notification or a voluntary code compliant certificate.25
| Division 2 | Clearing compromised native groundcover |
69 Permitted clearing of native vegetation
(1) This Division authorises clearing of native vegetation that consists only of groundcover
if:
(a)
less than 50% of the vegetation cover in the treatment area is comprised of native species of vegetation, and
(b)
not less than 10% of the treatment area is covered with vegetation (whether dead or alive).
(2) The treatment area may not include any area where native species comprise more than
50% of the vegetation cover.(3) The percentage referred to in sub-clause (1) must be calculated according to the
following:
(a)
the percentages are to be calculated by the landholder in a scientific and objective manner that is appropriate to the area proposed to be cleared and the species of vegetation that are present;
(b)
the percentages must be calculated at the time of year when the proportion of the native groundcover is likely to be at its maximum; and
(c)
the percentage must not be calculated if the groundcover has been significantly disturbed in the preceding six months, for example by fire, drought or heavy grazing.
(4) The landholder must retain for at least 5 years after the clearing of native vegetation
under this Division a record of the calculation carried out for the purposes of this clause,
consisting of:(a) a map showing the area that was the subject of the calculation;
(b) a record of the season in which the calculation was made;(c) a statement as to how the calculation was made; and
(d) photographs that clearly show the type of groundcover in the mapped area, taken at the time the calculation was made.
70 Requirements prior to undertaking permitted clearing
Clearing of native vegetation may only be carried out under this Division after notification of intended clearing has been provided to Local Land Services or Local Land Services has issued a voluntary code compliant certificate for the intended clearing.
71 Landholding restrictions
Nil.
72 Treatment area restrictions
(1)
Clearing of native vegetation is not permitted under this Division in a treatment area that is entirely or partly on Category 2- vulnerable regulated land or within the buffer distance from a water body set out in clause 15 of this Code.
(2)
Notwithstanding clauses 12 (4) and (8), and 13 (6) of Part 1 of this Code, this Division authorises clearing on land that is an existing treatment area under any Division of this Code and clearing authorised under any Division of this Code may be carried out on land
that is an existing treatment area under this Division.
26
(3) Clearing of native vegetation under this Division is not authorised on land that is a
treatment area under Part 3 (Pasture Expansion) of this Code.73 Method and impact conditions
Clearing of native vegetation is not permitted if the person undertaking the clearing knows that critically endangered species are present.
74 Re-categorisation of land
(1) Land comprising a treatment area that was cleared in accordance with this Division is authorised to be re-categorised to Category 1- exempt land. Re-categorisation is only authorised if the clearing has been carried out. (2) This subclause applies regardless of whether the clearing was carried out under the
authority of a notification or a voluntary code compliant certificate.(3) However, land cleared under this Division may not be re-categorised where the land is
beneath the canopy or drip line of woody vegetation being woody vegetation that satisfies
the criteria for categorisation as Category 2- regulated land.Note: A landholder may be required to provide the records specified in clause 68(4) to the Environment
Agency Head at the time that re-categorisation is sought.27
| Division 3 | Removing native vegetation from small areas |
75 Permitted clearing of native vegetation
(1) This Division authorises clearing native vegetation from small areas in accordance with
the conditions in this Division.Small area means:
(i) in the case of a landholding wholly or predominately in the Western Zone – an area of Category 2- regulated land not more than 4 hectares;
(ii) in the case of a landholding wholly or predominately in the Central Zone – an area of Category 2- regulated land not more than 3 hectares;
(iii) in the case of a landholding wholly or predominately in the Coastal Zone – an area of Category 2- regulated land not more than 1 hectare.
(2) On any landholding, native vegetation may be cleared from small areas at a rate of one
small area for each 250 hectares of landholding in any 12 month period.(3) For the purposes of determining the number of small areas from which native vegetation has been cleared in any 12 month period, clearing is taken to have been carried out on the date on which a mandatory code compliant certificate is issued. 76 Requirements prior to undertaking permitted clearing
(1) Clearing of native vegetation may only be carried out under this Division after Local Land Service has issued a mandatory code compliant certificate for the intended clearing.
(2) A mandatory code compliant certificate may authorise clearing over a period greater than 12 months. However, the certificate may not authorise clearing that does not comply with clause 75.
77 Landholding restrictions
(1) Clearing of native vegetation is not permitted under this Division on a landholding on
which, in the opinion of Local Land Services:
(a)
Category 2- regulated land comprises less than 10% of the total area of the landholding to which Part 5A of the Local Land Services Act 2013 applies; or
(b)
permitted clearing under this Division would reduce the proportion of Category 2- regulated land to less than 10% of the total area of the landholding to which Part 5A of the Local Land Services Act 2013 applies.
(2) In determining the proportion of Category 2 – regulated land for the purpose of subclause
(1) (b), the following areas are to be disregarded:
(a) any area of Category 2 – regulated that has been authorised to be re- categorised to Category 1 – exempt land, and (b) any area of Category 2 – regulated land that has been designated as Category 2 – regulated land because native vegetation was unlawfully cleared on that area or because the land was subject to a requirement to take remedial action (as
specified in section 60I(2)(f) of the Act).
(3) Clearing of native vegetation is not permitted under this Division on a landholding that is
a small holding.
28
(4) Clearing of native vegetation is not permitted under this Division on a landholding that is
predominately in the Coastal Zone unless Local Land Services is satisfied the primary
use of the land is agricultural activities.78 Treatment area restrictions
(1)
Clearing of native vegetation is not permitted under this Division in a treatment area that is entirely or partly on Category 2- vulnerable regulated land or within the buffer distance from a water body set out in clause 15 of this Code.
(2) Unless otherwise specified in a mandatory code compliant certificate issued under this
Division, clearing of native vegetation is not permitted under this Division in a treatment
area that is wholly surrounded by Category 2- regulated land.(3) For the purposes of subclause (2), the specified condition may only be varied in a
mandatory code compliant certificate if Local Land Services is satisfied that the variation
is for a legitimate purpose, is reasonable in the circumstances and would have no
significant adverse environmental impacts(4) Clearing of native vegetation is not permitted under this Division in a treatment area that:
(a) is in the Central Zone or the Coastal Zone; and
(b) contains Crown land within the meaning of the Crown Lands Act 1989; and
(c) is reserved or dedicated for the purposes of a travelling stock reserve within the meaning of Local Land Services Act 2013.
79 Method and impact conditions
Nil.
80 Re-categorisation of land
Treatment areas identified in a mandatory code compliant certificate issued under this Division are authorised to be re-categorised to Category 1- exempt land.
81 Set aside area requirement
(1) For every small area identified in a mandatory code compliant certificate issued under
this Division as an area from which native vegetation may be cleared, the mandatory
code compliant certificate must require the establishment of a set aside area on Category
2- regulated land on the same landholding.(2) The area of land in a set aside area established by a mandatory code compliant certificate
issued under this Division must be calculated according to the following:
(a)
for each unit area of land in the treatment area that does not contain vegetation that forms part of a vulnerable ecological community or an endangered ecological community, one unit must be established as a set aside area (1 unit set aside for each unit of non-TEC vegetation cleared)
(b)
for each unit area of land in the treatment area that contains vegetation that forms part of a vulnerable ecological community, 1.5 unit areas must be established as a set aside area (1.5 unit set aside for each unit of VEC vegetation cleared)
(c)
for each unit area of land in the treatment area that contains vegetation that forms part of an endangered ecological community, 2 unit areas must be established as a set aside area (2 unit set aside for each unit of EEC vegetation cleared)
29
(4) Set aside areas established by a mandatory code compliant certificate issued under this
Division in relation to clearing of native vegetation that forms part of an endangered
ecological community must contain only vegetation that forms part of the same
endangered ecological community.(5) The area of land that must be established as a set aside area may be reduced by 50% if:
(a)
the proposed set aside area contains vegetation that forms part of an endangered ecological community or a critically endangered ecological community; or
(b)
the proposed set aside area is, in the opinion of Local Land Services, of strategic landscape-scale biodiversity importance.
(6) However, the area of land that must be established as a set aside area may not be reduced
if:
(a)
the land comprising the treatment areas contains vegetation that forms part of a vulnerable ecological community or an endangered ecological community; or
(b)
the land comprising the treatment area is, in the opinion of Local Land Services, of strategic landscape-scale biodiversity importance.
(7) When forming an opinion about the strategic landscape-scale biodiversity importance of
a treatment area or a set aside area, Local Land Services is to have regard to:(a) the type of vegetation in the proposed set aside area;
(b)
the structure, composition and function of the vegetation in the proposed set aside area including the species present and the proportion of each species in each vegetation strata;
(c)
the area of the proposed set aside area, including the shape of the area and the ratio of area to edge;
(d)
the location of the proposed set aside area in relation to other native vegetation in the landscape;
(e)
the likely responsiveness of the vegetation in the proposed set aside area to management; and
(f)
impacts on the vegetation in the proposed set aside area arising from activities or conditions on land immediately adjacent to the proposed set aside area, including whether such activities or conditions are likely to have an adverse impact on the vegetation in the proposed set aside area over time.
30
| Division 4 | Removing native vegetation from regulated rural areas |
82 Permitted clearing on native vegetation
(1) This Division authorises clearing of native vegetation from Category 2- regulated land in
accordance with the conditions in this Division.(2) In the three year period immediately following publication of this Code, the maximum
area on any landholding from which native vegetation may be cleared under this Division
is the area determined in accordance with Schedule 4 to this Code.(3) For the purposes of determining the area from which native vegetation has been cleared under this Division, native vegetation is taken to have been cleared on the date on which a mandatory code compliant certificate is issued. 83 Requirements prior to undertaking permitted clearing
(1) Clearing of native vegetation may only be carried out under this Division after Local
Land Service has issued a mandatory code compliant certificate for the intended clearing.(2) Where Local Land Services forms the opinion that proposed clearing may require
approval under the Commonwealth Environmental Protection and Biodiversity
Conservation Act 1999, Local Land Services will only issue a mandatory code compliant
certificate after Local Land Services is reasonably satisfied by the landholder that
approval is unnecessary or alternatively that approval has been granted.84 Landholding restrictions
(1) Clearing of native vegetation is not permitted under this Division on a landholding on
which, in the opinion of Local Land Services:
(a)
Category 2- regulated land comprises less than 10% of the total area of the landholding to which Part 5A of the Local Land Services Act 2013 applies; or
(b)
permitted clearing under this Division would reduce the proportion of Category 2- regulated land to less than 10% of the total area of the landholding to which Part 5A of the Local Land Services Act 2013 applies.
(2) In determining the proportion of Category 2 – regulated land for the purpose of subclause
(1) (b), the following areas are to be disregarded:
(a) any area of Category 2 – regulated that has been authorised to be re- categorised to Category 1 – exempt land, and (b) any area of Category 2 – regulated land that has been designated as Category 2 – regulated land because native vegetation was unlawfully cleared on that area or because the land was subject to a requirement to take remedial action (as
specified in section 60I(2)(f) of the Act).
(3) Clearing of native vegetation is not permitted under this Division on a landholding that is
a small holding.(4) Clearing of native vegetation is not permitted under this Division on a landholding that is
predominately in the Coastal Zone unless Local Land Services is satisfied the primary
use of the land is agricultural activities.
31
85 Treatment area restrictions
(1)
Clearing of native vegetation is not permitted under this Division in a treatment area that is entirely or partly on Category 2- vulnerable regulated land or within the buffer distance from a water body set out in clause 15 of this Code.
(2) Clearing of native vegetation is not permitted under this Division in a treatment area that: (a) is in the Central Zone or the Coastal Zone; and
(b) contains Crown land within the meaning of the Crown Lands Act 1989; and
(c) is reserved or dedicated for the purposes of a travelling stock reserve within the meaning of Local Land Services Act 2013.
86 Method and impact conditions
Nil.
87 Re-categorisation of land
Treatment areas identified in a mandatory code compliant certificate issued under this Division are authorised to be re-categorised to Category 1- exempt land.
88 Set aside area requirement
(1) For every area of Category 2- regulated land identified in a mandatory code compliant
certificate issued under this Division as an area from which native vegetation may be
cleared, the mandatory code compliant certificate must require the establishment of a set
aside area on Category 2- regulated land on the same landholding.(2) The area of land in a set aside area established by a mandatory code compliant certificate
issued under this Division must be calculated according to the following:
(a)
on a landholding on which, in the opinion of Local Land Services, Category 2- regulated land comprises 40% or more of the total area of the landholding to which Part 5A of the Local Land Services Act 2013 applies:
(i)
for each unit area of land in the treatment area that does not contain vegetation that forms part of a vulnerable ecological community or an endangered ecological community, two unit areas must be established as a set aside area (2 unit areas set aside for each unit of non-TEC vegetation cleared)
(ii)
for each unit area of land in the treatment area that contains vegetation that forms part of a vulnerable ecological community, three unit areas must be established as a set aside area (3 unit areas set aside for each unit of VEC vegetation cleared)
(iii)
for each unit area of land in the treatment area that contains vegetation that forms part of an endangered ecological community, four unit areas must be established as a set aside area (4 unit areas set aside for each unit of EEC
vegetation cleared)
(b)
on a landholding on which, in the opinion of Local Land Services, Category 2- regulated land comprises 20% or more but less than 40% of the total area of the landholding to which Part 5A of the Local Land Services Act 2013 applies:
(i)
for each unit area of land in the treatment area that does not contain vegetation that forms part of a vulnerable ecological community or an endangered ecological community, three unit areas must be established as a
32
set aside area (3 unit areas set aside for each unit of non-TEC vegetation
cleared)(ii) for each unit area of land in the treatment area that contains vegetation that forms part of a vulnerable ecological community, four and a half unit areas must be established as a set aside area (4.5 unit areas set aside for each unit of VEC vegetation cleared)
(iii) for each unit area of land in the treatment area that contains vegetation that forms part of an endangered ecological community, six unit areas must be established as a set aside area (6 unit areas set aside for each unit of EEC vegetation cleared)
(c)
on a landholding on which, in the opinion of Local Land Services, Category 2- regulated land comprises less than 20% of the total area of the landholding to which Part 5A of the Local Land Services Act 2013 applies:
(i)
for each unit area of land in the treatment area that does not contain vegetation that forms part of a vulnerable ecological community or an endangered ecological community, four unit areas must be established as a set aside area (4 unit areas set aside for each unit of non-TEC vegetation cleared)
(ii)
for each unit area of land in the treatment area that contains vegetation that forms part of a vulnerable ecological community, six unit areas must be established as a set aside area (6 unit areas set aside for each unit of VEC vegetation cleared)
(iii)
for each unit area of land in the treatment area that contains vegetation that forms part of an endangered ecological community, eight unit areas must be established as a set aside area (8 unit areas set aside for each unit of EEC vegetation cleared)
(3) If the proposed clearing will reduce the percentage of category 2 – regulated land to less
than the threshold set out in subclause (2) (b) or (c), then the set aside ratios set out in
those paragraphs apply to the proportion of proposed clearing below that threshold.(4) Set aside areas established by a mandatory code compliant certificate issued under this
Division in relation to clearing of native vegetation that forms part of a vulnerable
ecological community must contain only vegetation that forms part of the same
vulnerable ecological community.(5) Set aside areas established by a mandatory code compliant certificate issued under this
Division in relation to clearing of native vegetation that forms part of an endangered
ecological community must contain only vegetation that forms part of the same
endangered ecological community.(6) The area of land that must be established as a set aside area may be reduced by 50% if:
(a)
the proposed set aside area contains vegetation that forms part of an endangered ecological community or a critically endangered ecological community; or
(b)
the proposed set aside area is, in the opinion of Local Land Services, of strategic landscape-scale biodiversity importance.
(7) However, the area of land that must be established as a set aside area may not be reduced
if:
33
(a)
the land comprising the treatment areas contains vegetation that forms part of a vulnerable ecological community or an endangered ecological community; or
(b)
the land comprising the treatment area is, in the opinion of Local Land Services, of strategic landscape-scale biodiversity importance.
(8) When forming an opinion about the strategic landscape-scale biodiversity importance of
a treatment area or a set aside area, Local Land Services is to have regard to:(a) the type of vegetation in the proposed set aside area;
(b)
the structure, composition and function of the vegetation in the proposed set aside area including the species present and the proportion of each species in each vegetation strata;
(c)
the area of the proposed set aside area, including the shape of the area and the ratio of area to edge;
(d)
the location of the proposed set aside area in relation to other native vegetation in the landscape;
(e)
the likely responsiveness of the vegetation in the proposed set aside area to management; and
(f)
impacts on the vegetation in the proposed set aside area arising from activities or conditions on land immediately adjacent to the proposed set aside area, including whether such activities or conditions are likely to have an adverse impact on the vegetation in the proposed set aside area over time.
34
| Part 6 | Farm Plan Code |
| Division 1 | Removing native vegetation from paddock tree areas |
89 Permitted clearing of native vegetation
This Division authorises clearing of native vegetation from paddock tree areas in accordance with the conditions in this Division.
Paddock tree area means an area of Category 2- regulated land that is less than 500 square metres and is completely surrounded by Category 1- exempt land.
90 Requirements prior to undertaking permitted clearing
(1) Clearing of native vegetation may only be carried out under this Division after Local
Land Service has issued a mandatory code compliant certificate for the intended clearing.(2) Native vegetation may not be cleared from paddock tree areas identified in a mandatory
code compliant certificate issued under this Division until Local Land Services has
advised the landholder in writing that Local Land Services is satisfied that the landholder
has substantially met any set aside area revegetation requirement specified in the
mandatory code compliant certificate.91 Landholding restrictions
(1) Clearing of native vegetation is not permitted under this Division on a landholding that is
a small holding.(2) Clearing of native vegetation is not permitted under this Division on a landholding that is
predominately in the Coastal Zone unless Local Land Services is satisfied the primary
use of the land is agricultural activities.92 Treatment area restrictions
(1) Clearing of native vegetation is not permitted under this Division in a treatment area that
is entirely or partly on Category 2 - vulnerable regulated land or within the buffer
distance from a water body set out in clause 15 of this Code.(2) Clearing of native vegetation is not permitted under this Division in a treatment area that
contains native vegetation that forms part of an endangered ecological community.(3) Clearing of native vegetation is not permitted under this Division in a treatment area that: is in the Central Zone or the Coastal Zone; and
contains Crown land within the meaning of the Crown Lands Act 1989; and
is reserved or dedicated for the purposes of a travelling stock reserve within the
meaning of Local Land Services Act 2013.
93 Method and impact conditions
Nil.
94 Re-categorisation of land
(1) Paddock tree areas identified in a mandatory code compliant certificate issued under this
Division are authorised to be re-categorised to Category 1- exempt land.(2) Set aside areas established by a mandatory code compliant certificate issued under this
Division are authorised to be re-categorised to Category 2- regulated land.35
95 Set aside area requirement
(1) For every paddock tree area identified in a mandatory code compliant certificate issued
under this Division, the mandatory code compliant certificate must require the
establishment of a set aside area that is not less than 50% Category 1- exempt land and is
on the same landholding.(2) The area of land in a set aside area established by a mandatory code compliant certificate
issued under this Division must be calculated according to the following:
(a)
for each paddock tree area that does not contain vegetation that forms part of a vulnerable ecological community – multiply the number of paddock tree areas identified in the certificate by 0.25 hectares, and
(b)
for each paddock tree area that contains vegetation that forms part of a vulnerable ecological community – multiply the number of paddock tree areas identified in the certificate by 0.375 hectares.
(3) The mandatory code compliant certificate issued under this Division must specify
revegetation requirements that apply in the set aside area, including the species
composition and density of required revegetation.(4) Revegetation requirements specified in a mandatory code compliant certificate issued
under this Division must be met within 12 months after the certificate is issued.(5) Local Land Services may determine the land on which the set aside area will be
established. In determining the land on which the set aside will be established, Local
Land Services must seek to maximise environmental benefits from the set aside area.
36
| Division 2 | Removing native vegetation from regulated rural areas |
96 Permitted clearing of native vegetation
(1) This Division authorises clearing native vegetation from Category 2- regulated land in
accordance with the conditions in this Division.(2) Under this Division, native vegetation may be cleared from a maximum of 25% of the
Category 2- regulated land on a landholding.97 Requirements prior to undertaking permitted clearing
(1) Clearing of native vegetation may only be carried out under this Division after Local
Land Service has issued a mandatory code compliant certificate for the intended clearing.(2) Native vegetation may not be cleared from the Category 2- regulated land identified in a
mandatory code compliant certificate issued under this Division until Local Land
Services has advised the landholder in writing that Local Land Services is satisfied that
the landholder has substantially met any set aside area revegetation requirement specified
in the mandatory code compliant certificate.98 Landholding restrictions
(1) Clearing of native vegetation is not permitted under this Division on a landholding on
which, in the opinion of Local Land Services:
44
Schedule 3 Set aside area management strategies and tactics
1 General principles for set aside management
(1) Specific set aside area management activities are difficult to prescribe without advanced
knowledge of the current condition of native vegetation on set aside areas, historical and current management, and use of set aside areas, and the management action capacity of the landholder. Consequently, the optimal set aside area management activities will come from locally informed
choices among the strategies and tactics listed in the table in this Schedule.
(2) Management actions on set asides are expected to promote vegetation integrity and achieve
restoration but where this is not possible or where the management actions required for such an
outcome are beyond “reasonable efforts” then management actions are aligned to achieve a
rehabilitation outcome.
(3) Local Land Services will exercise judgement to match what is agreed with the landholder as
“reasonable effort” to specific combinations and sequences of management actions that are most
likely to deliver optimal restoration outcome(s).
(4) Choice of management activities to be undertaken on set aside areas should be consistent with the key principles of the national standards for the practice of ecological restoration in Australia (see below).
(5) Choice of management activities will be easier when clear targets, goals, and objectives for the set
aside area area agreed. Where the set aside management target is the reference against which the
management actions are directed, the goals refine the target into specific, tractable and measurable
components (adaptive management tactics), and objectives are the specific management activities
applied on the set aside area.
2 Key principles of the national standards for the practice of ecological restoration in
Australia
The national standard for ecological restoration “provides a framework for conceptualising, defining and measuring ecological restoration, particularly at a time of rapid environmental change” through the following six principles:
| (1) | Ecological restoration practice is based on an appropriate local indigenous reference ecosystem |
| (2) | Restoration inputs will be dictated by level of resilience and degradation |
| (3) | Recovery of ecosystem attributes is facilitated by identifying clear targets, goals, and objectives |
| (4) | Full recovery is the goal of ecological restoration even if outcomes take long time frames |
| (5) | Restoration science and practice are synergistic |
| (6) | Social aspects are critical to successful ecological restoration |
| 45 |
All set aside management actions must be consistent with the strategies and tactics set out in the table below.
| Column 1 | Column 2 | Column 3 |
| Strategy | Tactic | Examples of activities |
| Fire management | Ecological burning appropriate to PCTs in set-aside | |
| Construction of firebreaks to manage wildfire | ||
| Plant fire resistant vegetation | ||
| Manage total grazing | Change intensity, frequency and type of grazing through, | |
| pressure | for example, stock rotation | |
| Fence construction | ||
| Manage/remove water sources | ||
| Manage disturbance | ||
| Irrigation | ||
| Water management | Install in-stream barriers and sediment traps Encourage natural inundation | |
| Reduce physical | Change land management practices in adjacent paddocks, | |
| disturbance | for example, tillage management or herbicide use | |
| Remodel topography through soil conservation works | ||
| Manage vehicle and people access | ||
| Control weed impacts | Chemical spraying | |
| Mechanical weed removal | ||
| Reduce numbers of feral or overabundant native | ||
| Control pest impacts | herbivores | |
| Reduce numbers of exotic predators (wild dogs, foxes | ||
| Mitigate | and cats) | |
| external | Alter fertilizer application rates and method of delivery | |
| degradation | Nutrient control | |
| drivers | on and around set-aside | |
| Manage effluent disposal | ||
| Manage stock access to water bodies | ||
| Apply soil amendments for nutrient absorption and | ||
| exchange | ||
| 46 | ||
| Planting | Planting of tube stock | |
| Broadcast or direct drill seeding | ||
| Enrichment planting | ||
| Selective removal of individual plants by mechanical or | ||
| Thinning | chemical application | |
| Active | Removal of all plants in small patches | |
| rehabilitation | ||
| Habitat enhancement | Install nest or hollow boxes | |
| Relocate large woody debris | ||
| Add or encourage pollinators | ||
| Reintroductions | Reintroduce key animal or plant species | |
| 47 |
Percentage of the area of the landholding to which Part 5A of the LLS Act applies that is Category 2 land
which can be cleared under Division 4 (to the nearest measure provided)
11 12 13 14 15 20 25 30 35 40 45 50 55 60 65 70 75 80 85 90 95 100
50 0.5 1.0 1.3 1.4 1.5 2.5 3.0 3.8 4.4 5 6 8 9 10 11 12 13 13 14 15 16 17 100 1.0 2.0 2.6 2.8 3.0 5.0 6.0 7.5 8.8 10 13 15 18 20 22 23 25 27 28 30 32 33 150 1.5 3.0 3.9 4.2 4.5 7.5 9.0 11.3 13.1 15 19 23 26 30 33 35 38 40 43 45 48 50 200 2.0 4.0 5.2 5.6 6.0 10.0 12.0 15.0 17.5 20 25 30 35 40 43 47 50 53 57 60 63 67 250 2.5 5.0 6.5 7.0 7.5 12.5 15.0 18.8 21.9 25 31 38 44 50 54 58 63 67 71 75 79 83 300 3.0 6.0 7.8 8.4 9.0 15.0 18.0 22.5 26.3 30 38 45 53 60 65 70 75 80 85 90 95 100 400 4.0 8.0 10.4 11.2 12.0 20.0 24.0 30.0 35.0 40 50 60 70 80 87 93 100 100 100 100 100 100 500 5.0 10.0 13.0 14.0 15.0 25.0 30.0 37.5 43.8 50 63 75 88 100 100 100 100 100 100 100 100 100 600 6.0 12.0 15.6 16.8 18.0 30.0 36.0 45.0 52.5 60 75 90 100 100 100 100 100 100 100 100 100 100 700 7.0 14.0 18.2 19.6 21.0 35.0 42.0 52.5 61.3 70 88 100 100 100 100 100 100 100 100 100 100 100 800 8.0 16.0 20.8 22.4 24.0 40.0 48.0 60.0 70.0 80 100 100 100 100 100 100 100 100 100 100 100 100 900 9.0 18.0 23.4 25.2 27.0 45.0 54.0 67.5 78.8 90 100 100 100 100 100 100 100 100 100 100 100 100
s
1,000 10.0 20.0 26.0 28.0 30.0 50.0 60.0 75.0 87.5 100 100 100 100 100 100 100 100 100 100 100 100 100
e
li
| p | 1,250 | 12.5 | 25.0 | 32.5 | 35.0 | 37.5 | 62.5 | 75.0 | 93.8 | 100 | 100 | 100 | 100 | 100 | 100 | 100 | 100 | 100 | 100 | 100 | 100 | 100 | 104 |
| p | |||||||||||||||||||||||
| a | 1,500 | 15.0 | 30.0 | 39.0 | 42.0 | 45.0 | 75.0 | 90.0 | 100 | 100 | 100 | 100 | 100 | 100 | 100 | 100 | 100 | 100 | 100 | 106 | 113 | 119 | 125 |
| ct | 1,750 | 17.5 | 35.0 | 45.5 | 49.0 | 52.5 | 87.5 | 100 | 100 | 100 | 100 | 100 | 100 | 100 | 100 | 100 | 102 | 109 | 117 | 124 | 131 | 139 | 146 |
| A | |||||||||||||||||||||||
| LS | 2,000 | 20.0 | 40.0 | 52.0 | 56.0 | 60.0 | 100 | 100 | 100 | 100 | 100 | 100 | 100 | 100 | 100 | 108 | 117 | 125 | 133 | 142 | 150 | 158 | 167 |
| L | 2,250 | 22.5 | 45.0 | 58.5 | 63.0 | 67.5 | 100 | 100 | 100 | 100 | 100 | 100 | 100 | 100 | 113 | 122 | 131 | 141 | 150 | 159 | 169 | 178 | 188 |
| e |
2,500 25.0 50.0 65.0 70.0 75.0 100 100 100 100 100 100 100 109 125 135 146 156 167 177 188 198 208
| th | ) |
| f | d | 2,750 | 27.5 | 55.0 | 71.5 | 77.0 | 82.5 | 100 | 100 | 100 | 100 | 100 | 100 | 103 | 120 | 138 | 149 | 160 | 172 | 183 | 195 | 206 | 218 | 229 |
| o | e | |||||||||||||||||||||||
| id | 3,000 | 30.0 | 60.0 | 78.0 | 84.0 | 90.0 | 100 | 100 | 100 | 100 | 100 | 100 | 113 | 131 | 150 | 163 | 175 | 188 | 200 | 213 | 225 | 238 | 250 | |
| A | ||||||||||||||||||||||||
| 5 | v | |||||||||||||||||||||||
| ro | 3,500 | 35.0 | 70.0 | 91.0 | 98.0 | 100 | 100 | 100 | 100 | 100 | 100 | 109 | 131 | 153 | 175 | 190 | 204 | 219 | 233 | 248 | 263 | 277 | 292 | |
| rt | p | |||||||||||||||||||||||
| a | 4,000 | 40.0 | 80.0 | 100 | 100 | 100 | 100 | 100 | 100 | 100 | 100 | 125 | 150 | 175 | 200 | 217 | 233 | 250 | 267 | 283 | 300 | 317 | 333 | |
| P | re | 4,500 | 45.0 | 90.0 | 100 | 100 | 100 | 100 | 100 | 100 | 100 | 113 | 141 | 169 | 197 | 225 | 244 | 263 | 281 | 300 | 319 | 338 | 356 | 375 |
| h | ||||||||||||||||||||||||
| ic | su | |||||||||||||||||||||||
| a | 5,000 | 50.0 | 100 | 100 | 100 | 100 | 100 | 100 | 100 | 109 | 125 | 156 | 188 | 219 | 250 | 271 | 292 | 313 | 333 | 354 | 375 | 396 | 417 | |
| h | e | |||||||||||||||||||||||
| w | m | |||||||||||||||||||||||
| 5,500 | 55.0 | 100 | 100 | 100 | 100 | 100 | 100 | 103 | 120 | 138 | 172 | 206 | 241 | 275 | 298 | 321 | 344 | 367 | 390 | 413 | 435 | 458 | ||
| o | st | |||||||||||||||||||||||
| t | 6,000 | 60.0 | 100 | 100 | 100 | 100 | 100 | 100 | 113 | 131 | 150 | 188 | 225 | 263 | 300 | 325 | 350 | 375 | 400 | 425 | 450 | 475 | 500 | |
| s) | re | 6,500 | 65.0 | 100 | 100 | 100 | 100 | 100 | 100 | 122 | 142 | 163 | 203 | 244 | 284 | 325 | 352 | 379 | 406 | 433 | 460 | 488 | 515 | 542 |
| re | a | |||||||||||||||||||||||
| e | 7,000 | 70.0 | 100 | 100 | 100 | 100 | 100 | 105 | 131 | 153 | 175 | 219 | 263 | 306 | 350 | 379 | 408 | 438 | 467 | 496 | 525 | 554 | 583 | |
| a | ||||||||||||||||||||||||
| ct | n | |||||||||||||||||||||||
| e | 7,500 | 75.0 | 100 | 100 | 100 | 100 | 100 | 113 | 141 | 164 | 188 | 234 | 281 | 328 | 375 | 406 | 438 | 469 | 500 | 531 | 563 | 594 | 625 | |
| e | h | |||||||||||||||||||||||
| h | t | 8,000 | 80.0 | 100 | 100 | 100 | 100 | 100 | 120 | 150 | 175 | 200 | 250 | 300 | 350 | 400 | 433 | 467 | 500 | 533 | 567 | 600 | 625 | 625 |
| ( | o | |||||||||||||||||||||||
| g | (t | 8,500 | 85.0 | 100 | 100 | 100 | 100 | 106 | 128 | 159 | 186 | 213 | 266 | 319 | 372 | 425 | 460 | 496 | 531 | 567 | 602 | 625 | 625 | 625 |
| in | 9,000 | 90.0 | 100 | 100 | 100 | 100 | 113 | 135 | 169 | 197 | 225 | 281 | 338 | 394 | 450 | 488 | 525 | 563 | 600 | 625 | 625 | 625 | 625 | |
| ld | ||||||||||||||||||||||||
| o | 9,500 | 95.0 | 100 | 100 | 100 | 100 | 119 | 143 | 178 | 208 | 238 | 297 | 356 | 416 | 475 | 515 | 554 | 594 | 625 | 625 | 625 | 625 | 625 | |
| h | ||||||||||||||||||||||||
| d | 10,000 | 100 | 100 | 100 | 100 | 100 | 125 | 150 | 188 | 219 | 250 | 313 | 375 | 438 | 500 | 542 | 583 | 625 | 625 | 625 | 625 | 625 | 625 | |
| n | ||||||||||||||||||||||||
| la | 11,000 | 100 | 100 | 100 | 100 | 100 | 138 | 165 | 206 | 241 | 275 | 344 | 413 | 481 | 550 | 596 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | |
| f | ||||||||||||||||||||||||
| o | 12,000 | 100 | 100 | 100 | 100 | 100 | 150 | 180 | 225 | 263 | 300 | 375 | 450 | 525 | 600 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | |
| a | 13,000 | 100 | 100 | 100 | 100 | 100 | 163 | 195 | 244 | 284 | 325 | 406 | 488 | 569 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | |
| re | 14,000 | 100 | 100 | 100 | 100 | 105 | 175 | 210 | 263 | 306 | 350 | 438 | 525 | 613 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | |
| A | ||||||||||||||||||||||||
| 15,000 | 100 | 100 | 100 | 105 | 113 | 188 | 225 | 281 | 328 | 375 | 469 | 563 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | ||
| 16,000 | 100 | 100 | 104 | 112 | 120 | 200 | 240 | 300 | 350 | 400 | 500 | 600 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | ||
| 17,000 | 100 | 102 | 111 | 119 | 128 | 213 | 255 | 319 | 372 | 425 | 531 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | ||
| 18,000 | 100 | 108 | 117 | 126 | 135 | 225 | 270 | 338 | 394 | 450 | 563 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | ||
| 19,000 | 105 | 114 | 124 | 133 | 143 | 238 | 285 | 356 | 416 | 475 | 594 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | ||
| 20,000 | 110 | 120 | 130 | 140 | 150 | 250 | 300 | 375 | 438 | 500 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | ||
| 25,000 | 138 | 150 | 163 | 175 | 188 | 313 | 375 | 469 | 547 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | ||
| 30,000 | 165 | 180 | 195 | 210 | 225 | 375 | 450 | 563 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | ||
| 35,000 | 193 | 210 | 228 | 245 | 263 | 438 | 525 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | ||
| 40,000 | 220 | 240 | 260 | 280 | 300 | 500 | 600 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | ||
| 45,000 | 248 | 270 | 293 | 315 | 338 | 563 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | ||
| 50,000 | 275 | 300 | 325 | 350 | 375 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 | 625 |
48
Notes:
(1) The maximum area on any landholding from which native vegetation may be cleared under
Division 4 of Part 5 in the three year period immediately following publication of this Code is the area determined in accordance with the following.
Wherever is the greater of:
• 25% of the estimated total area from which native vegetation may be cleared under Division 4 up to a cumulative maximum of 625 hectares; or • the total area from which native vegetation may be cleared up to 100 hectares.
(2) The figures in the Table in this Schedule are indicative only and are to be used as guidance.
The actual amount of land available for clearing will depend on the circumstances of each property.
49
Schedule 5 Interpretation of key words and phrases
Note. Unless otherwise defined in this Code, words and phrases that are defined in the Local Land Services Act 2013 or in
Local Land Services Regulation have the same meaning in this Code.
Agricultural activity means production of crops for commercial purposes, the grazing of livestock for
commercial purposes or keeping of animals for the purposes of selling them or their bodily produce.
Coastal Wetland means a wetland in the coastal wetlands and littoral rainforests area of the coastal
zone referred to in the Coastal Management Act 2016.
Critically endangered ecological community means an ecological community identified in Part 1 of
Schedule 2 to the Biodiversity Conservation Act 2016.
Diameter at breast height over bark means the diameter over the bark of the stem at 1.3 metres above
the ground. If there are multiple stems on a tree, the diameter is measured on the largest stem.
Endangered ecological community or EEC means an ecological community identified in Part 2 of
Schedule 2 to the Biodiversity Conservation Act 2016.
Estuarine area means any part of a river whose level is periodically or intermittently affected by
coastal tides or any lake or other partially enclosed body of water that is periodically or intermittently
open to the sea.
Important wetland means a wetland that is:
| (a) | listed in the Australian Wetland Database, including Australian Ramsar Wetlands and the Directory of Important Wetlands in Australia from time to time, available from the Australian Government Department of the Environment and Energy ( or, |
(b) a Coastal Wetland.
Keith vegetation formation means a vegetation formation specified in Schedule 2 of this Code.
Land management activity means any management of or impacts on native vegetation, including
clearing, undertaken for an agricultural purpose.
Local wetland means a wetland other than an Important wetland.
Minimal disturbance to soil and groundcover means no greater than 30% of the soil surface and to the Biodiversity Conservation Act 2017.
existing groundcover is disturbed (total area) as a result of the clearing.
Nil disturbance to soil and groundcover means no greater than 5% of the soil surface and existing
groundcover is disturbed (total area) as a result of the clearing.
Rotational land management activity means a land management activity undertaken on a continuous,
repetitive or cyclical basis or where the impact of the land management activity on native vegetation is
maintained by subsequent active management of the land or vegetation.
Stream means an incised watercourse that exhibits the features of a defined channel with bed and
banks.
Stream order means the steam order as defined in Part 1 of Schedule 2 to the Water Management
(General) Regulation 2011.
50
| Treatment area means an area of category 2 – regulated land subject to a current notification made | Threatened species has the same meaning as in the Biodiversity Conservation Act 2016. sedgeland) that is inundated cyclically, intermittently or permanently with water and vegetated with wetland plant communities. |
| 51 | |
| Schedule 6 Notification requirements |
(1) The notification must be in the form provided by Local Land Services or using the Local
Land Services online notification system.(2) The notification must be provided to Local Land Services at least two weeks prior to the
first date on which the proposed clearing is intended to be carried out.(3) The notification must include the following information:
(a) the Part and Division of the Code under which clearing is intended to be carried
out,(b) details of the land on which the clearing is to be carried out (including the address
and Lot and Deposited Plan details of the land),(c) the parcels comprising the landholding on which the clearing is proposed, and the
location of those parcels,(d) the name of the owner of the land, (e) GPS points or the provision of a map for the area of the activity, (f) the area (in hectares) of the land to be cleared, (g) the date or dates on which the intended clearing is to take place, (h) the name of the person or person who is or are to carry out the intended clearing, (i) confirmation that any landholding restrictions provided in the Division of the Code
do not apply to the land on under which clearing is intended to be carried out,(j) the species of native vegetation intended to be cleared if the Part and Division
under which the clearing is to be carried out restricts the species of native
vegetation that may be cleared,(k) the method of the intended clearing if the Part and Division under which the
clearing is to be carried out restricts the method of clearing,(l)
in the case of proposed clearing under Divisions 1 or 3 of Part 5, the area of the landholding and the number of paddock tree areas or small areas to be cleared.
52
0
0
0