What is the Native Vegetation Panel?
The Native Vegetation Panel of NSW was established as an independent agency under the Local Land Services Act 2013. The Panel has a key function to determine applications to clear native vegetation under:
- Part 5A Division 6 of the Local Land Services Act 2013, and
- Part 4 of State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017.
Making an application to the Native Vegetation Panel
If you intend to remove native vegetation on your property and:
- For a Rural area of the State – it cannot be done under the allowable activities or the Land Management (Native Vegetation) Code, or
- For a Non-rural area of the State – it exceeds the Biodiversity Offsets Scheme Threshold
you may require approval from the Native Vegetation Panel.
Applications for clearing approval must meet the following criteria:
- The land must comprise or include:
- The clearing of vegetation must be for a purpose that is permitted without development consent. Clearing cannot be for development that requires development consent, State significant infrastructure approval, or approval under Part 5 of the Environmental Planning and Assessment Act 1979.
- The application must include a biodiversity development assessment report (BDAR) of the proposed clearing. This report must be developed by an accredited assessor using the Biodiversity Assessment Method.
- The application must include an assessment of the impacts of the proposed clearing. This would include the social and economic impacts, as well as environmental impacts that are not addressed by the BDAR, such as soil erosion, salination, acidification or other adverse land or water impacts.
More details on application requirements will be release shortly.
How are applications assessed?
Applications will require an assessment of the environmental, social and economic impacts of the proposed clearing. They must also consider the purpose for which the land is to be used after it’s cleared. This includes considering:
- The likely impacts of the proposed clearing on biodiversity values, using the BAM.
- Identification of biodiversity credits which should be retired to offset the biodiversity impacts of the proposal
- Whether the clearing is likely to cause or increase soil erosion, salination, acidification, land slip, flooding, pollution or other adverse land and water impacts
- Any future clearing of native vegetation on the land that has been duly authorised or notified but not yet carried out.
Social and economic assessments including measures to avoid and mitigate any negative impacts of the proposed clearing will also be required as part of the application.
The Panel Secretariat, provided by Local Land Services provides professional and technical support to the Panel. The Secretariat is the main point of contact for the public and Government agencies. The Secretariat coordinates and facilitates the Panel’s decision-making processes and aims to provide efficient, transparent and high-performing support services.
For more information contact Local Land Services on 1300 795 299, email email@example.com or contact your Local Land Services office.