The Native Vegetation Conservation Act, 1997 has overriding control of tree and other vegetation destruction in NSW. Consequently, if you wish to harvest and manage regrowth forests you may need to consult with the Department of Land and Water Conservation (DLWC) as the relevant consent authority.

Clearing of native vegetation for plantation development will now handled under the Plantations and Reafforestation Act 1999 however exempt farm forestry under that Act may still require development consent under the Native Vegetation Conservation Act, 1997. Again DLWC is the consent authority.

In this Act, native vegetation (on Non State Protected Land) means any of the following types of indigenous vegetation:

• trees
• understorey plants
• groundcover
• plants occurring in a wetland.

For the purposes of this definition, groundcover means any type of herbaceous vegetation including grasses, but it is only to be regarded as native vegetation for the purposes of this Act if it occurs in an area where not less than 50% of the herbaceous vegetation covering the area comprises indigenous species. In determining that percentage, not less than 10% of the area concerned must be covered with herbaceous vegetation (whether dead or alive).

Note: This takes into account seasonal impacts (such as drought) in determining the amount and type of groundcover occurring in an area.

In the NVC Act, clearing native vegetation on Non State Protected Land and on State Protected Land means any one or more of the following:

• cutting down, felling, thinning, logging or removing vegetation
• killing, destroying, poisoning, ringbarking, uprooting or burning vegetation
• severing, topping or lopping branches, limbs, stems or trunks of vegetation
• substantially damaging or injuring native vegetation in any other way.

However, for these purposes, vegetation on State Protected Land (as distinct from Non State Protected Land) means:

• any native vegetation on the protected land, and includes
• any tree on the protected land (regardless of whether it is dead or alive, standing or fallen, or whether it is indigenous)

but does not include any type of non-indigenous vegetative groundcover.

1. any land within a notified catchment area which has been mapped as having a slope generally in excess of 18 degrees
2. any land within, or within 20 metres of, the bed or bank of any part of a prescribed river, stream, lake, lagoon or swamp
3. any land which is considered environmentally sensitive or affected or likely to be affected by soil erosion, siltation or land degradation.

Refer to "Guidelines for Clearing Vegetation Under the Native Vegetation Conservation Act, 1997". Department of Land and Water Conservation 1998.

Note that the clearing of native vegetation may also require compliance with a number of other Acts as indicated in the flow chart.

Note also that as Regional Vegetation Committees develop Regional Vegetation Management Plans, exemptions outlined in Attachments C & D may change.

1. land that is within a zone designated 'residential' (but not 'rural-residential') 'village', 'township', 'industrial' or 'business' under an environmental planning instrument
2. land to which State Environmental Planning Policy No. 14 - Coastal Wetlands applies
3. land to which State Environmental Planning Policy No 26 - Littoral Rainforests applies
4. land that is State forest, national forest, flora reserve or timber reserve under the Forestry Act 1916
5. land that is acquired under section 15 of the Forestry Act 1916 for the purposes of a State forest (not being any such land that is acquired for the purpose of a timber plantation within the meaning of the Timber Plantations (Harvest Guarantee) Act 1995)
6. land that is dedicated or reserved under the National Parks and Wildlife Act 1974
7. land that is acquired under section 145 of the National Parks and Wildlife Act 1974 for the purpose of obtaining land for dedication or reservation under that Act or for the purpose of preserving, protecting and preventing damage to relics or Aboriginal places
8. land that is subject to a conservation agreement entered into under Division 7 of Part 4 of the National Parks and wildlife Act 1974
9. land that is subject to an interim protection order made under Part 6A of the National Parks and Wildlife Act 1974
10. land that is subject to a conservation instrument within the meaning of the Heritage Act 1977
11. land that is critical habitat
12. Lord Howe Island.

Clearing of native vegetation for the purpose of the following:

• in the course of a private native forest being selectively logged on a sustainable basis
• in the course of a private native forest being managed for forestry purposes (timber production). This includes normal silvicultural practices.

10. Regrowth. The removal of native vegetation, whether seedlings or regrowth, of less than 10 years of age if the land has been previously cleared for cultivation, pastures or forestry plantation purposes.
11. Noxious Weeds. The clearing of native vegetation proclaimed as a noxious weed.
12. Vermin Control. The clearing of native vegetation to the minimum extent necessary for vermin control.

• Not more than seven trees on any area of one hectare (1ha) of the Protected land area affected;

• the trees on not more than two hectares (2 ha) of each separate area of Protected land, if that two hectares is not more than 25% of that separate area of Protected land, and only if the activity is not for vehicular track or road construction, or for development of land for plantations, horticulture or crop growing;

or

• the trees in question comprise a banana plantation or orchard and the activity is necessary for harvesting produce or the management of the plantation or orchard (but not if it results in the complete destruction of the plantation or orchard);

• certain survey activities necessary to carry out a 'survey' as defined by the Survey Act 1929 and carried out by a registered surveyor;

• certain activities for the purpose of maintaining safety clearances under or within fifteen metres of an existing power line, by a person who is employed or contracted by a local government or electricity supply authority.

• certain survey activities (as for Category (a) land, above).

Bruce Cole-Clark
Resource Officer Agroforestry
Grafton
Updated April 2001