When did the New Regulation Commence?

The Regulation has been in effect since December 1, 2005.

What is the purpose of the new Native Vegetation Act and Regulations ?

The Native Vegetation Act and Regulations aim to:

• End broadscale clearing, unless it improves or maintains environmental outcomes;
• Encourage revegetation and rehabilitation of land with native vegetation; and
• Provide incentives for farmers for good land management

What are the advantages of a Property Vegetation Plan (PVP)?

• PVPs give landholders more certainty as they contain provisions to allow clearing for up to 15 years, reducing the need for repeated development applications
• PVPs enable landholders to propose offsets to support a clearing proposal
• Offsets can extend beyond 15 years
• Provides long term security so native vegetation on a property can be better managed for both financial and environmental outcomes
• PVPs provide consistency between agreed management actions on a property and priorities determined in the local Catchment Action Plan
• PVPs provide clarification for existing use
• PVPs will be a voluntary agreement between the landholder and the CMA which cannot be overturned by any future legislation

Will the Native Vegetation Act benefit landholders and their management regimes?

Key Benefits to landholders and their management regimes are:

1. Flexibility for landholders

The new Act provides greater flexibility for landholders by allowing them to:

• Clear unprotected regrowth without approval
• Clear for routine agricultural management activities (RAMAs) without approval
• Continue existing use such as cultivation, grazing or rotational farming practices
2. Routine Agricultural Management Activities (RAMAs) don’t need consent. RAMAs are defined to include:
• control of noxious weeds and animals,
• construction, operation and maintenance of rural infrastructure (eg. roads and fences)
• clearing of vegetation planted for commercial purposes
• lopping of trees for stock fodder
3. Financial incentives for landholders:
• Incentives will be available for the management of native vegetation on properties
• Financial incentives will be available through the Murrumbidgee Catchment Management Authority (MCMA)
• Landholders can apply for incentives by preparing a Property Vegetation Plan with the MCMA

What will a PVP cost?

There are no fees and no application forms for landholders to complete.  Landholders will be provided with free, high-resolution satellite imagery of their property.

What is an offset?

If a landholders clearing proposal cannot improve or maintain environmental outcomes, then negative impacts of the clearing may be able to be offset by positive management action.  (eg.  Clearing of isolated paddock trees may be offset by revegetating and fencing off certain regrowth areas on the landholder's property)

• Offsets must be the same type of vegetation community as the clearing site and must be in the same or better condition than that of the clearing site
• Fencing off areas for an offset does not mean ‘locking up an area’.  Offsets will contain management actions agreed upon by the landholder and CMA to ensure its sustainability and profitability
• Offsets can only be secured in a Property Vegetation Plan

What is a financial incentive?

• A financial incentive is funding available to landholders for the management of native vegetation on their land.
• Incentives will be available through the Catchment Management Authorities (CMA).
• Landholders can only apply for financial incentives by preparing a Property Vegetation Plan with their local CMA.

What is classed as regrowth, protected regrowth and remnants?

Regrowth:

• Vegetation which has regrown since 1990 (or 1983 in the Western Division) is regrowth
• Regrowth does not include vegetation which has regrown as a result of unlawful clearing or clearing resulting from natural causes (eg. fire)
• Landholders may clear this regrowth vegetation without approval

Protected Regrowth:

• Protected regrowth is regrowth protected by an environmental planning instrument, property vegetation plan (PVP) or interim protection order
• Protected regrowth cannot be cleared for a new land-use without approval through a PVP or development application;
• Landholders do not need to seek approval when clearing protected regrowth for routine agricultural management activities, as long as it is limited to the minimum extent necessary
• Clearing of protected regrowth associated with existing rotational farming practices does not require approval

Remnant Vegetation:

• Remnant vegetation is all vegetation which is not classified regrowth
• Remnant vegetation cannot be cleared without approval through either a Property Vegetation Plan or development consent
• Exemptions for clearing remnant vegetation may only occur under certain circumstances such as routine agricultural management activities and sustainable grazing

What is the difference between invasive native species & feral native species?

Invasive Native Species:

• Invasive Native Species (INS) are native plants which spread rapidly within their natural range and invade plant communities to which they don’t belong.
• Invasive Native Species often regenerate densely after disturbance (eg. fire, flood, grazing)

Each Catchment Management Authority has a list of plant species considered to be invasive within their catchment.  To view the full list of Invasive Native Species within the Murrumbidgee catchment please see Information Sheet 9 that you can view or download from  http://www.murrumbidgee.cma.nsw.gov.au/?id=199

Feral Native Species:

• Feral native species are native plant species invading areas outside their natural range
• The Catchment Management Authorities will publish an up-to-date list of native plant species considered feral in their area. This will be available on this website soon.

What is a RAMA?

• RAMA stands for Routine Agricultural Management Activities.  These are farming or safety activities which do not require approval for clearing under the Native Vegetation Act 2003.
• RAMAs can be undertaken for the control of noxious weeds and animals; the construction, operation and maintenance of rural infrastructure (ie. roads & fences), the clearing of vegetation planted for commercial purposes and lopping of trees for stock fodder.  For a full list of RAMA exemptions and buffer requirements refer to Infomation Sheets 7a-7c on the following website: http://www.murrumbidgee.cma.nsw.gov.au/?id=199.

Is it possible to get advice from a CMA officer of the likely outcome of a proposal without the CMA undertaking a full assessment using BioMetric?

A full assessment is the only way a CMA officer can be sure of the result and landholders should not be reliant on any desktop analysis for making financial or business decisions in relation to buying or developing a property.

However, once a CMA officer becomes familiar with BioMetric they may be able to provide general advice as to the possible outcomes of the assessment, prior to running the tool, but take this advice as an indication only.
The CMA officer can undertake a desktop analysis to determine whether the proposal is likely to improve or maintain environmental outcomes such as, effect on any endangered ecological communities and whether vegetation in the proposal is likely to meet the definition of 'low condition'.

Who will approve my PVP?

• The Murrumbidgee CMA General Manager will approve your PVP.  However the PVP needs to be signed by both the landholder and the CMA to be valid.

Who do I contact to find out more about PVPs?

• Contact your local Property Vegetation Plan Catchment Officer. Contacts here