A new approach to native vegetation

Changes in Native Vegetation Management in NSW

The new Native Vegetation Act 2003 drives historic change to the way we manage native vegetation across NSW:

it delivers the Government's commitment to end broadscale clearing, to protect the health of our land, rivers and wildlife
it delivers investment security and increased flexibility for farmers
it delivers $436 million over four years from the NSW and Australian Governments which will go direct to farmers and other local groups to repair damaged rivers and restore over cleared landscapes, and
it gives new powers to local Catchment Management Authorities to make decisions in the best interests of the community.

Through Catchment Management Authorities, local people will now be making local decisions about how to best manage native vegetation in their part of NSW.

The new system is based on voluntary agreements between landholders and Catchment Management Authorities called Property Vegetation Plans. The new system will fundamentally change the way we manage native vegetation across NSW.

Over the past two years Government and independent scientists have been working with the NSW Farmers Association and the Total Environment Centre to build a new model of vegetation management that will lead to healthier and more productive landscapes across NSW.

Over 300 professional Catchment Management Authority staff have been made available to assist farmers every step of the way.

The new system is underpinned by a computer modelling program – the PVP Developer. The PVP Developer weighs up the positive and negative aspects of different management plans and activities, allowing farmers to make practical decisions based on the best scientific information available. Experts from the local Catchment Management Authority will use this tool and their professional judgement when assessing clearing proposals.

Farmers who enter into Property Vegetation Plans will also be provided, free of charge, a highresolution satellite image of their property – an Australian first.

And, they will be eligible for funds to help with conservation initiatives such as revegetation plans, salinity strategies and soil erosion control.

The new system has been trialed on over 100 farms across the state. This allowed the program to be refined to ensure the new way of managing native vegetation is practical, localised and delivers good farming and good environmental outcomes.

Economic Benefits

Native vegetation provides significant economic benefits:

one third of our food is derived from plants pollinated by wild pollinators that depend on a variety of natural habitat. Without natural pollination, yields of many crops would decline substantially ¹
on the southern tablelands, pasture productivity is 26% higher in eucalypt woodland, than on sites without trees ²
in the Gunnedah area, the optimal economic level of native vegetation on a grazing property is 34% ³, and
in the Moree district, wind protection of crops can increase wheat yield by over 9%. ⁴

Key advantages of the new system are:

Clearing of remnant native vegetation will now only be approved if overall, management actions improve or maintain environmental outcomes protecting our land, rivers and wildlife.
Farmers will not have to go through an approval process to clear regrowth younger than 1 January 1990 (1 January 1983 in the Western Division). For more information on how the regrowth definition applies contact your local Catchment Management Authority.
Clearing for routine agricultural management will also not be subject to an approval process. Routine agricultural management activities include:
- sourcing timber for farm structures
- noxious weed removal
- collection of firewood for non commercial purposes
- to remove imminent risks of serious personal injury or damage to property
- controlling pest animals in accordance with eradication orders
- rural infrastructure within appropriate buffer distances
- corridors for fire protection, power and water supply, and
- harvesting commercially planted timber.
- For more detail on the routine agricultural management activities available contact your local Catchment Management Authority.
Property Vegetation Plans cannot be overturned by new threatened species listings or environmental planning instruments: giving farmers greater security to invest.
Farmers may be able to offset any negative impacts of clearing by improving or planting native vegetation elsewhere on their property, or even on their neighbours property, if they are agreeable.
For the first time under a property vegetation plan, the clearing of invasive native scrub to restore open woodlands will be recognised as providing environmental benefits as well as economic benefits to the farmer.

Catchment Management Authorities

Thirteen Catchment Management Authorities have been established. Their boards and staff comprise local people with practical expertise who can take local conditions into account when allocating funds to landholders to help them improve and revegetate the land and assess native vegetation clearing proposals.

Your local Catchment Management Authority will:

provide technical advice and assist landholders to prepare a voluntary Property Vegetation Plan
develop Catchment Action Plans that identify priorities for investment in natural resource assets such as native vegetation
allocate incentive funding for improving the management of native vegetation
use their discretion and professional judgement when assessing clearing proposals
establish local policies for delivering long term environmental benefits, and
monitor the progress of Property Vegetation Plans and their Catchment Action Plan.

Government agencies such as the Department of Natural Resources; the Department of Environment and Conservation and the Department of Primary Industries are now focussed on:

monitoring and reporting on statewide changes in native vegetation
providing technical and scientific support to Catchment Management Authorities, and
undertaking compliance and enforcement of the legislation.

Investing in native vegetation

Of the $436 million allocated to Catchment Management Authorities over four years –

In 2005:

The Lachlan Catchment Management Authority is investing in onground works that will result in 2500 ha of remnant vegetation being voluntarily protected by landholders, 550 ha of revegetation of native vegetation, 125 km of riparian vegetation protected, 700 ha of perennial pastures enhanced and managed under improved practices, and establishing 200 hectares of salt interception plantings
The Southern Rivers Catchment Management Authority is regenerating native vegetation and controlling weeds such as bitou bush on 90ha of Illawarra and Shoalhaven coastal land; and on the Monaro grasslands improving the management of 20,000 ha of land affected by serrated tussock and African Lovegrass, conserving 375 ha of remnant natural grasslands under voluntary landholder agreements, and improving 700 ha of pasture for sustainable grazing outcomes
The Namoi Catchment Management Authority is securing biodiversity by managing 4,600 ha of native vegetation for conservation outcomes, and enhancing and protecting over 300 km of riverine native vegetation.

Comparison of the old and new system.

Issue	Previous legislation	Native Vegetation Act 2003
Clearing of remnant native vegetation	Clearing that did not improve or maintain environmental outcomes could be approved. This caused long term damage to the environment.	Clearing can now only be approved where it improves or maintains environmental outcomes. Under certain circumstances clearing invasive native scrub to restore native grasslands and open woodlands is now recognised as providing environmental benefits in its own right.
Financial support for landholders	No provision for financial support was provided for in the legislation.	$436 million over four years to repair damaged rivers and restore over-cleared landscapes. The PVP Developer is used to objectively evaluate the benefits of improved native vegetation management.
Consent authority	DNR assessed all clearing applications.	Catchment Management Authorities now assess proposals for broadscale clearing. DNR will continue to assess private native forestry.
Certainty for farming activities	Development consent was usually given for less than five years. As a result, farmers were limited to short term planning for farm development.	Clearing approval via a Property Vegetation Plan is available for up to 15 years and cannot be changed as a result of new threatened species listings or new environmental planning instruments. A continuing use Property Vegetation Plan can be used to guarantee existing farming operations. With these securities, farmers can commit to long term farm planning and investment.
Exemptions	Use of particular annual exemptions such as the �two hectare� and the �seven trees per hectare� resulted in the progressive clearing of important areas. Many of the exemptions were not clearly defined making enforcement difficult.	Exemptions have been replaced by a new list of farming activities known as Routine Agricultural Management Activities (RAMAs). The "seven trees" and the "two hectare" exemptions have been removed. Clearing associated with any of the RAMAs may only be undertaken to the minimum extent necessary or within prescribed limits for carrying out the activity.
Property Vegetation Plans	The Act did not recognise Property Vegetation Plans. A Development Application was the only way to seek approval to clear. Development applications could only be approved or refused.	Property Vegetation Plans provide an alternative way to seek approval to clear and seek incentive funding. Unlike Development Applications, Property Vegetation Plans are negotiated agreements between the landholder and Catchment Management Authority. Property Vegetation Plans also allow a landholder to negotiate appropriate management actions that can offset the negative impacts of proposed clearing.
Clearing regrowth	Clearing regrowth did not require approval but regrowth was defined as vegetation that was less than 10 years old. This meant that farmers needed to keep clearing land every 10 years, whether there was a need or not. Landholders may still have required a licence under the Threatened Species Conservation Act 1995.	Regrowth is now defined as native vegetation that has regrown since 1 January 1990 ( 1 January 1983 in the Western Division), after being lawfully cleared and does not require additional licences under the Threatened Species Conservation Act 1995 . Under a Property Vegetation Plan, the clearing of remnant vegetation may in some circumstances be offset by not clearing regrowth.
Information provided to landholders	DNR provided base photos but applicants had to provide all other information required for the application, at their cost. Lengthy decision times were typical.	Catchment Management Authorities will now provide high-resolution satellite images for Property Vegetation Plans plus all other necessary natural resources information, at no cost. There is no application form for a Property Vegetation Plan and decision times are likely to be much shorter in most cases.
Threatened species	When clearing approval was required, threatened species matters were assessed separately. This involved consideration of the test of significance for threatened species (the so-called 8-part test). Where clearing occurred under exemptions, a landholder may still have required a licence in accordance with the Threatened Species Conservation Act 1995 .	Clearing in accordance with the Native Vegetation Act 2003 will not require additional assessment under the Threatened Species Conservation Act 1995 or the Fisheries Management Act 1994 (except for clearing of groundcover, clearing to obtain construction timber or Crown land management infrastructure). This cuts red tape for farmers.

For more information

Freecall 1800 237 012
Vist www.nativevegetation.nsw.gov.au
Email info@nativevegetation.nsw.gov.au

Contact your local Catchment Management Authority

Border Rivers-Gwydir CMA 7023 Gwydir Highway INVERELL T 6721 9810 E brg@cma.nsw.gov.au	Murray CMA 8 - 20 Edwardes Street DENILIQUIN T 03 5881 9200 E murray@cma.nsw.gov.au
Central West CMA 141 Percy Street WELLINGTON T 6840 7800 E cw@cma.nsw.gov.au	Murrumbidgee CMA 43-45 Johnston Street WAGGA WAGGA T 6923 0479 E murrumbidgee@cma.nsw.gov.au
Hawkesbury-Nepean CMA 159 Auburn Street GOULBURN T 4828 6747 E hn@cma.nsw.gov.au	Namoi CMA 27-35 Abbott Street GUNNEDAH T 6742 9220 E namoi@cma.nsw.gov.au
Hunter-Central Rivers CMA 816 Tocal Road PATERSON T 4930 1030 E hcr@cma.nsw.gov.au	Northern Rivers CMA State Office Block, Victoria Avenue GRAFTON T 6642 0622 E northern@cma.nsw.gov.au
Lachlan CMA 11 Spring St FORBES T 6851 9500 E lachlan@cma.nsw.gov.au	Southern Rivers CMA 84 Crown Street WOLLONGONG EAST T 4224 9700 E southern@cma.nsw.gov.au
Lower Murray Darling CMA 32 Enterprise Way BURONGA T 03 5021 9460 E lmd@cma.nsw.gov.au	Western CMA 62 Marshall Street COBAR T 1800 032 101 T 6836 1575 E western@cma.nsw.gov.au

Note: This information does not constitute legal advice. Please seek specific advice from your local Catchment Management Auhority before undertaking any clearing.