submission guide
SUBMISSION GUIDE
REGULATORY PROVISIONS FOR THE NATIVE VEGETATION REGULATORY MAP
May 2017
1
CONTENTS Part 1: The NVR Map under the new land management framework
5
Transitional arrangements for the NVR map
5
Part 2: Proposals for consultation for the draft NVR Map regulatory provisions
6
Landholder review process
6
Consultation on re-categorisation of land
7
Consultation on re-categorisation of land subject to a private native forestry plan
7
Categorising grasslands and other groundcover
8
Introducing a new subcategory of land: category 2-sensitive regulated land
9
Additional land to be designated as category 2- regulated land
9
Describing koala habitat
10
Maintaining the values of travelling stock reserves
10
3
This document provides detailed information stakeholders may wish to consider when making a submission on exhibited products, tools and Regulations. Part 1 of this submission guide outlines the new framework for land management in relation to the Native Vegetation Regulatory (NVR) Map to be established under the Local Land Services Act 2013, as amended by the Local Land Services Amendment Act 2016 (LLSA Act). The LLSA Act was passed by Parliament in late 2016. Part 2 of this submission guide outlines the operational arrangements for the NVR Map. We are seeking comments on the proposals in Part 2 as part of the current exhibition process.
4
SUBMISSION GUIDE: Regulatory provisions for the Native Vegetation Regulatory Map
PART 1: THE NVR MAP UNDER THE NEW LAND MANAGEMENT FRAMEWORK The LLSA Act enables the Chief Executive of the Office of Environment and Heritage (OEH) to prepare the NVR Map. The NVR Map will show rural land where:
»» clearing of native vegetation can occur without approval (category 1 – exempt land) »» unless authorised under certain other legislation, clearing of native vegetation requires authorisation (category 2 – regulated land).
The NVR Map will also show two sub-categories of regulated land: 1. Vulnerable regulated land 2. Category 2 - sensitive regulated land. The NVR Map will underpin the new land management framework for rural land in NSW. You can read more about this framework in the fact sheet on land management. Categorisation of land on the NVR Map is based primarily on the relevant clearing history of the remaining vegetation, and any sensitive values or existing protections. The NVR Map is being developed using the best available science and data. The draft Local Land Services Amendment Regulation 2017 (LLSA Regulation), which has been released for consultation, provides more detail around how the land will be categorised on the NVR Map (including additional criterion for mapping land as category 2) and the process for landholders to seek a review of the categorisation of their land. These proposals are explained in Part 2 of this submission guide.
Transitional arrangements for the NVR Map
The NVR Map will commence after the other aspects of the reform package commence, to enable further stakeholder consultation on the NVR Map. Once the LLSA Act commences the following transitional arrangements will be in place (until the final NVR Map is made):
»» If landholders wish to undertake any clearing
on their land they will determine whether their vegetation is on regulated or unregulated land, using the criteria set out in the LLSA Act and the draft LLSA Regulation (except for low conservation grasslands). Local Land Services (LLS) can assist landholders to apply the criteria.
»» Landholders can rely on the draft NVR Map for the
purposes of determining whether land is vulnerable regulated land or sensitive regulated land.
Although the NVR Map will not commence at the same time as the reform package commences, OEH will publish a draft NVR Map and the landholder review provisions will commence. This will provide an opportunity for landholders to seek a review of their property prior to the final NVR Map coming in to effect in the first half of 2018. Landholders may seek a review if they consider their land has been incorrectly categorised. During this transitional period OEH will not charge a fee for map reviews.
»» For low conservation value grasslands on regulated
land, the criteria that currently applies to determine whether groundcover can be cleared under section 20 of the Native Vegetation Act 2003 will continue to apply during the transitional period.
5
PART 2: PROPOSALS FOR CONSULTATION FOR THE DRAFT NVR MAP REGULATORY PROVISIONS This part of the submission guide explains the proposals in the draft LLSA Regulation related to how the land will be categorised on the NVR Map and the process for landholders to seek a review of the categorisation of their land. The draft LLSA Regulation has been released for public consultation. Landholder review process
Landholders will be able to seek a review of the category of their land if they believe their land has been incorrectly categorised or has not been re-categorised as a result of lawful clearing that enables re-categorisation. If dissatisfied with the outcome of the review by OEH, the landholder can appeal to the Land and Environment Court. The landholder review process, and grounds for review, are established through the LLSA Act. Certain lawful clearing after the commencement of the reforms enables land to be re-categorised to category 1. For example, land that is cleared in accordance with a development consent may be re-categorised.
Once the NVR Map formally commences (which will occur when OEH publishes the final map), the draft LLSA Regulation proposes a $300 fee for a review. The draft LLSA Regulation will also allow OEH to choose to waive or refund fees. OEH will provide guidance material on circumstances in which the fee may not apply, once further consultation is complete. The draft LLSA Regulation proposes that if an application for review is not approved by OEH within 40 days it will be considered to be refused, this is called “deemed refusal”. A stop the clock mechanism is also included, which relates to how the 40 days is calculated. This is broadly consistent with similar provisions in the Environmental Planning and Assessment Act 1979 Regulation.
Further procedural details relating to reviews are provided for in the draft LLSA Regulation such as details about application forms, information to be submitted, timeframes and fees. The draft LLSA Regulation proposes that landholder review applications include details about the land nominated and any information indicating that the land nominated for review meets the criteria for the category change proposed.
6
SUBMISSION GUIDE: Regulatory provisions for the Native Vegetation Regulatory Map
Consultation on re-categorisation of land The LLSA Act requires OEH to review the categorisation of land and to undertake an annual review of published maps.
The LLSA Act requires that OEH consult with landholders before any re-categorisation of their land. The draft LLSA Regulation proposes that OEH will be required to notify individual landholders. The draft LLSA Regulation also allows that in the following specific circumstances a public consultation process may be carried out in place of individual notification:
»» Where land is proposed to be re-categorised as
a result of the annual review of mapping – in this case OEH must issue a public notice of proposed re-categorisation of land and invite submissions for at least 30 days
»» Where land is proposed to be re-categorised from regulated land (category 2) to unregulated land (category 1)
Consultation on re-categorisation of land subject to a private native forestry plan
The draft LLSA Regulation categorises areas covered by a private native forestry plan as sensitive regulated land (category 2). Landholders can seek a review of the category of their land if they believe their land has been incorrectly categorised due to their existing private native forestry plan including areas that did not contain native vegetation when the plan was made. The mechanism and process for re-categorising lands subject to a private native forestry plan will be refined after exhibition to ensure it is a simple and efficient process. The draft LLSA Regulation also categorises lands previously subject to a private native forestry plan as sensitive regulated land (category 2). Following consultation, this clause will be reviewed to ensure that lands no longer subject to a valid private native forestry plan are not restricted from accessing the Code.
»» Where certain landholders have already been
directly notified of the event that triggered the re-categorisation (for example, as an applicant making a submission during public consultation on a State Environmental Planning Policy that results in re-categorisation).
In these circumstances, OEH must publish a notice of the proposed re-categorisation of land in a newspaper and provide a period of at least 30 days for submissions to be made on the proposal.
7
Categorising grasslands and other groundcover
As mentioned above, if landholders wish to undertake any clearing of grasslands or other groundcover, they will determine whether their vegetation is on regulated or unregulated land on the basis of the level of disturbance since 1990 or using the criteria set out in the Native Vegetation Act 2003 in respect of groundcover. The draft NVR Map will not be operational for grasslands in this period. However, the LLSA Act provides the framework for how grasslands and other groundcover should be mapped on the final NVR Map. The LLSA Act provides for grasslands, along with other non-woody vegetation, to be mapped according to:
»» past land use (whether it has been ‘significantly disturbed or modified’)
»» conservation value. The draft LLSA Regulation provides a definition of ‘significantly disturbed or modified’ grasslands. Grasslands will only meet the definition if there has been sustained management of pasture or crops on the land for agricultural purposes (but not grazing alone) which is detectable from satellite or aerial imagery. That management must have occurred on more than one occasion between 1 January 1990 and the date when the new framework commences, and must have been sustained for at least 12 months.
8
As part of the landholder review process after publication of the final NVR Map, a landholder may seek a review of the categorisation of their grasslands if they have reason to believe the land has been incorrectly categorised. This review may (but need not) require a site based assessment of the conservation value of the grasslands. Grasslands may also be mapped as regulated or unregulated land based on their conservation value. Grasslands which have been determined to be ‘low conservation value’ grasslands will generally be mapped as unregulated land. This determination will be made based on the proportion of native to exotic species present or on the basis of vegetation integrity. If grasslands are determined to have a conservation value other than low conservation value, then they will be mapped as category 2. Government is currently developing the Grasslands and other Groundcover Assessment Method. The method will undergo peer review with targeted stakeholder consultation and field trials to ensure scientific robustness and alignment with other elements of the reform package. Until a determination is made of conservation value, grasslands will be mapped according to the ‘significantly modified or disturbed’ test.
SUBMISSION GUIDE: Regulatory provisions for the Native Vegetation Regulatory Map
Introducing a new subcategory of land: category 2-sensitive regulated land
As noted above, the LLSA Act (section 60l) specifies the types of land that are regulated land (category 2). In addition, the draft LLSA Regulation proposes to establish a new subcategory of land: category 2sensitive regulated land on which clearing under the Code will not be permitted. This new subcategory includes certain environmentally sensitive lands including high conservation value grasslands, core koala habitat, critically endangered plants, critically endangered ecological communities, Ramsar wetlands, land subject to a requirement to take remedial action to restore biodiversity values (e.g. under the Biodiversity Conservation Act 2016) and land subject funded conservation programs. This new subcategory ensures that the biodiversity values of this sensitive land, and the other environmental, social and economic impacts of proposed clearing on this land are appropriately considered in the approval process. This subcategory will be represented separately on the NVR Map. During the public consultation process on the draft legislation in 2016, certain land was identified as land on which clearing authorised by the Land Management Code should not be permitted. The new subcategory of category 2- sensitive regulated land allows that land to be mapped on the NVR Map, which will provide upfront regulatory certainty to rural landholders. It is therefore proposed that the Land Management Code will not apply to category 2- sensitive regulated land, but certain allowable activities will be allowed on this land. All other clearing would require approval under the LLSA Act.
Additional land to be designated as category 2- regulated land Under the draft LLSA Regulation the following land is also proposed to be designated category 2- regulated land:
»» land subject to a Private Native Forestry Plan »» certain mapped forests and rainforests »» Conservation Areas under the Southern Mallee Land Use Agreement
»» land containing native vegetation that must
be retained under a condition of approval for plantation establishment under the Plantation and Re-afforestation Act 1999
»» sites managed under the Saving our Species Program
»» land containing low conservation grasslands
beneath the canopy or drip line of woody vegetation (being woody vegetation that satisfies the criteria for classification as category 2-regulated land)
»» land subject to registered property agreements
under the repealed Native Vegetation Conservation Act 1997, trust agreements under the repealed Nature Conservation Trust Act 2001 or conservation agreements under the National Parks and Wildlife Act 1974
»» land subject to an incentive or conservation property vegetation plan under the Native Vegetation Act 2003
»» land, subject to a condition of a development
consent or approval under the Environmental Planning and Assessment Act 1979, has been set aside for nature conservation, revegetation, or as an offset.
The draft LLSA Regulation proposes that some of these additional lands are designated as category 2-sensitive regulated land.
9
Describing koala habitat
The LLSA Act provides a framework for certain koala habitat identified by a plan of management under State Environmental Planning Policy 44 – Koala Habitat Protection to be prescribed by regulation as habitat that must be mapped as category 2 – regulated land. The draft LLSA Regulation proposes that koala habitat must be mapped as category 2 – regulated land if the Chief Executive of OEH considers it to be core koala habitat. ‘Core koala habitat’ is proposed to also be included in the new category of ‘category 2 – sensitive regulated land. Clearing under the Land Management Code would not be permitted on such land. Koala habitat has been mapped for a limited number of local government areas through plans of management made under the State Environmental Planning Policy 44. Some councils have mapped koala habitat relevant to the value of the habitat (e.g. primary, secondary or tertiary habitat; preferred, supplementary or marginal habitat). In response to an independent review into the decline of koala populations in key areas of NSW government, the government is currently developing a NSW koala strategy that includes a proposal to develop a state-wide map of koala habitat. This map will be completed in stages with the whole statewide map completed in December 2019. The government is seeking feedback on how koala habitat, where clearing is regulated by the LLS Act, should be identified.
Maintaining the values of travelling stock reserves The draft LLSA Regulation includes a note indicating that this Regulation may be revised after consultation to prescribe Travelling Stock Reserves (TSRs) as category 2 – regulated land. TSRs play a key role in landscape ecological connectivity and biodiversity conservation across NSW as well providing important agricultural, social, Aboriginal cultural heritage and recreational values. The Independent Biodiversity Legislation Review Panel in its final report recommended that highconservation value TSRs should be maintained to prevent the current network from being broken and connectivity lost. The NSW Government is currently conducting two major reviews of the values and uses of TSRs:
»» The Statewide TSR Review, led by Department of
Industry Lands and Local Land Services (LLS), will examine the current and future needs of the TSR network including a thorough assessment of other important land uses for TSRs such as cultural, Aboriginal, social and environmental purposes. This review will help determine the future ownership and management of TSRs in NSW by developing a comprehensive map of the TSR network in NSW – where they are, what they are now used for, who uses them and how often. As part of this review a consultation paper was released on 27 April 2017, consultation will remain open until 22 June 2017.
»» The second review, led by LLS and funded by
the NSW Environmental Trust, will consist of an assessment of the conservation values of TSRs to inform future management frameworks.
The government is seeking feedback on how TSRs should be treated under these reforms.
10
SUBMISSION GUIDE: Regulatory provisions for the Native Vegetation Regulatory Map
11
www.landmanagement.nsw.gov.au
12
SUBMISSION GUIDE: Regulatory provisions for the Native Vegetation Regulatory Map
REGULATORY PROVISIONS FOR THE NATIVE VEGETATION REGULATORY MAP
May 2017
1
CONTENTS Part 1: The NVR Map under the new land management framework
5
Transitional arrangements for the NVR map
5
Part 2: Proposals for consultation for the draft NVR Map regulatory provisions
6
Landholder review process
6
Consultation on re-categorisation of land
7
Consultation on re-categorisation of land subject to a private native forestry plan
7
Categorising grasslands and other groundcover
8
Introducing a new subcategory of land: category 2-sensitive regulated land
9
Additional land to be designated as category 2- regulated land
9
Describing koala habitat
10
Maintaining the values of travelling stock reserves
10
3
This document provides detailed information stakeholders may wish to consider when making a submission on exhibited products, tools and Regulations. Part 1 of this submission guide outlines the new framework for land management in relation to the Native Vegetation Regulatory (NVR) Map to be established under the Local Land Services Act 2013, as amended by the Local Land Services Amendment Act 2016 (LLSA Act). The LLSA Act was passed by Parliament in late 2016. Part 2 of this submission guide outlines the operational arrangements for the NVR Map. We are seeking comments on the proposals in Part 2 as part of the current exhibition process.
4
SUBMISSION GUIDE: Regulatory provisions for the Native Vegetation Regulatory Map
PART 1: THE NVR MAP UNDER THE NEW LAND MANAGEMENT FRAMEWORK The LLSA Act enables the Chief Executive of the Office of Environment and Heritage (OEH) to prepare the NVR Map. The NVR Map will show rural land where:
»» clearing of native vegetation can occur without approval (category 1 – exempt land) »» unless authorised under certain other legislation, clearing of native vegetation requires authorisation (category 2 – regulated land).
The NVR Map will also show two sub-categories of regulated land: 1. Vulnerable regulated land 2. Category 2 - sensitive regulated land. The NVR Map will underpin the new land management framework for rural land in NSW. You can read more about this framework in the fact sheet on land management. Categorisation of land on the NVR Map is based primarily on the relevant clearing history of the remaining vegetation, and any sensitive values or existing protections. The NVR Map is being developed using the best available science and data. The draft Local Land Services Amendment Regulation 2017 (LLSA Regulation), which has been released for consultation, provides more detail around how the land will be categorised on the NVR Map (including additional criterion for mapping land as category 2) and the process for landholders to seek a review of the categorisation of their land. These proposals are explained in Part 2 of this submission guide.
Transitional arrangements for the NVR Map
The NVR Map will commence after the other aspects of the reform package commence, to enable further stakeholder consultation on the NVR Map. Once the LLSA Act commences the following transitional arrangements will be in place (until the final NVR Map is made):
»» If landholders wish to undertake any clearing
on their land they will determine whether their vegetation is on regulated or unregulated land, using the criteria set out in the LLSA Act and the draft LLSA Regulation (except for low conservation grasslands). Local Land Services (LLS) can assist landholders to apply the criteria.
»» Landholders can rely on the draft NVR Map for the
purposes of determining whether land is vulnerable regulated land or sensitive regulated land.
Although the NVR Map will not commence at the same time as the reform package commences, OEH will publish a draft NVR Map and the landholder review provisions will commence. This will provide an opportunity for landholders to seek a review of their property prior to the final NVR Map coming in to effect in the first half of 2018. Landholders may seek a review if they consider their land has been incorrectly categorised. During this transitional period OEH will not charge a fee for map reviews.
»» For low conservation value grasslands on regulated
land, the criteria that currently applies to determine whether groundcover can be cleared under section 20 of the Native Vegetation Act 2003 will continue to apply during the transitional period.
5
PART 2: PROPOSALS FOR CONSULTATION FOR THE DRAFT NVR MAP REGULATORY PROVISIONS This part of the submission guide explains the proposals in the draft LLSA Regulation related to how the land will be categorised on the NVR Map and the process for landholders to seek a review of the categorisation of their land. The draft LLSA Regulation has been released for public consultation. Landholder review process
Landholders will be able to seek a review of the category of their land if they believe their land has been incorrectly categorised or has not been re-categorised as a result of lawful clearing that enables re-categorisation. If dissatisfied with the outcome of the review by OEH, the landholder can appeal to the Land and Environment Court. The landholder review process, and grounds for review, are established through the LLSA Act. Certain lawful clearing after the commencement of the reforms enables land to be re-categorised to category 1. For example, land that is cleared in accordance with a development consent may be re-categorised.
Once the NVR Map formally commences (which will occur when OEH publishes the final map), the draft LLSA Regulation proposes a $300 fee for a review. The draft LLSA Regulation will also allow OEH to choose to waive or refund fees. OEH will provide guidance material on circumstances in which the fee may not apply, once further consultation is complete. The draft LLSA Regulation proposes that if an application for review is not approved by OEH within 40 days it will be considered to be refused, this is called “deemed refusal”. A stop the clock mechanism is also included, which relates to how the 40 days is calculated. This is broadly consistent with similar provisions in the Environmental Planning and Assessment Act 1979 Regulation.
Further procedural details relating to reviews are provided for in the draft LLSA Regulation such as details about application forms, information to be submitted, timeframes and fees. The draft LLSA Regulation proposes that landholder review applications include details about the land nominated and any information indicating that the land nominated for review meets the criteria for the category change proposed.
6
SUBMISSION GUIDE: Regulatory provisions for the Native Vegetation Regulatory Map
Consultation on re-categorisation of land The LLSA Act requires OEH to review the categorisation of land and to undertake an annual review of published maps.
The LLSA Act requires that OEH consult with landholders before any re-categorisation of their land. The draft LLSA Regulation proposes that OEH will be required to notify individual landholders. The draft LLSA Regulation also allows that in the following specific circumstances a public consultation process may be carried out in place of individual notification:
»» Where land is proposed to be re-categorised as
a result of the annual review of mapping – in this case OEH must issue a public notice of proposed re-categorisation of land and invite submissions for at least 30 days
»» Where land is proposed to be re-categorised from regulated land (category 2) to unregulated land (category 1)
Consultation on re-categorisation of land subject to a private native forestry plan
The draft LLSA Regulation categorises areas covered by a private native forestry plan as sensitive regulated land (category 2). Landholders can seek a review of the category of their land if they believe their land has been incorrectly categorised due to their existing private native forestry plan including areas that did not contain native vegetation when the plan was made. The mechanism and process for re-categorising lands subject to a private native forestry plan will be refined after exhibition to ensure it is a simple and efficient process. The draft LLSA Regulation also categorises lands previously subject to a private native forestry plan as sensitive regulated land (category 2). Following consultation, this clause will be reviewed to ensure that lands no longer subject to a valid private native forestry plan are not restricted from accessing the Code.
»» Where certain landholders have already been
directly notified of the event that triggered the re-categorisation (for example, as an applicant making a submission during public consultation on a State Environmental Planning Policy that results in re-categorisation).
In these circumstances, OEH must publish a notice of the proposed re-categorisation of land in a newspaper and provide a period of at least 30 days for submissions to be made on the proposal.
7
Categorising grasslands and other groundcover
As mentioned above, if landholders wish to undertake any clearing of grasslands or other groundcover, they will determine whether their vegetation is on regulated or unregulated land on the basis of the level of disturbance since 1990 or using the criteria set out in the Native Vegetation Act 2003 in respect of groundcover. The draft NVR Map will not be operational for grasslands in this period. However, the LLSA Act provides the framework for how grasslands and other groundcover should be mapped on the final NVR Map. The LLSA Act provides for grasslands, along with other non-woody vegetation, to be mapped according to:
»» past land use (whether it has been ‘significantly disturbed or modified’)
»» conservation value. The draft LLSA Regulation provides a definition of ‘significantly disturbed or modified’ grasslands. Grasslands will only meet the definition if there has been sustained management of pasture or crops on the land for agricultural purposes (but not grazing alone) which is detectable from satellite or aerial imagery. That management must have occurred on more than one occasion between 1 January 1990 and the date when the new framework commences, and must have been sustained for at least 12 months.
8
As part of the landholder review process after publication of the final NVR Map, a landholder may seek a review of the categorisation of their grasslands if they have reason to believe the land has been incorrectly categorised. This review may (but need not) require a site based assessment of the conservation value of the grasslands. Grasslands may also be mapped as regulated or unregulated land based on their conservation value. Grasslands which have been determined to be ‘low conservation value’ grasslands will generally be mapped as unregulated land. This determination will be made based on the proportion of native to exotic species present or on the basis of vegetation integrity. If grasslands are determined to have a conservation value other than low conservation value, then they will be mapped as category 2. Government is currently developing the Grasslands and other Groundcover Assessment Method. The method will undergo peer review with targeted stakeholder consultation and field trials to ensure scientific robustness and alignment with other elements of the reform package. Until a determination is made of conservation value, grasslands will be mapped according to the ‘significantly modified or disturbed’ test.
SUBMISSION GUIDE: Regulatory provisions for the Native Vegetation Regulatory Map
Introducing a new subcategory of land: category 2-sensitive regulated land
As noted above, the LLSA Act (section 60l) specifies the types of land that are regulated land (category 2). In addition, the draft LLSA Regulation proposes to establish a new subcategory of land: category 2sensitive regulated land on which clearing under the Code will not be permitted. This new subcategory includes certain environmentally sensitive lands including high conservation value grasslands, core koala habitat, critically endangered plants, critically endangered ecological communities, Ramsar wetlands, land subject to a requirement to take remedial action to restore biodiversity values (e.g. under the Biodiversity Conservation Act 2016) and land subject funded conservation programs. This new subcategory ensures that the biodiversity values of this sensitive land, and the other environmental, social and economic impacts of proposed clearing on this land are appropriately considered in the approval process. This subcategory will be represented separately on the NVR Map. During the public consultation process on the draft legislation in 2016, certain land was identified as land on which clearing authorised by the Land Management Code should not be permitted. The new subcategory of category 2- sensitive regulated land allows that land to be mapped on the NVR Map, which will provide upfront regulatory certainty to rural landholders. It is therefore proposed that the Land Management Code will not apply to category 2- sensitive regulated land, but certain allowable activities will be allowed on this land. All other clearing would require approval under the LLSA Act.
Additional land to be designated as category 2- regulated land Under the draft LLSA Regulation the following land is also proposed to be designated category 2- regulated land:
»» land subject to a Private Native Forestry Plan »» certain mapped forests and rainforests »» Conservation Areas under the Southern Mallee Land Use Agreement
»» land containing native vegetation that must
be retained under a condition of approval for plantation establishment under the Plantation and Re-afforestation Act 1999
»» sites managed under the Saving our Species Program
»» land containing low conservation grasslands
beneath the canopy or drip line of woody vegetation (being woody vegetation that satisfies the criteria for classification as category 2-regulated land)
»» land subject to registered property agreements
under the repealed Native Vegetation Conservation Act 1997, trust agreements under the repealed Nature Conservation Trust Act 2001 or conservation agreements under the National Parks and Wildlife Act 1974
»» land subject to an incentive or conservation property vegetation plan under the Native Vegetation Act 2003
»» land, subject to a condition of a development
consent or approval under the Environmental Planning and Assessment Act 1979, has been set aside for nature conservation, revegetation, or as an offset.
The draft LLSA Regulation proposes that some of these additional lands are designated as category 2-sensitive regulated land.
9
Describing koala habitat
The LLSA Act provides a framework for certain koala habitat identified by a plan of management under State Environmental Planning Policy 44 – Koala Habitat Protection to be prescribed by regulation as habitat that must be mapped as category 2 – regulated land. The draft LLSA Regulation proposes that koala habitat must be mapped as category 2 – regulated land if the Chief Executive of OEH considers it to be core koala habitat. ‘Core koala habitat’ is proposed to also be included in the new category of ‘category 2 – sensitive regulated land. Clearing under the Land Management Code would not be permitted on such land. Koala habitat has been mapped for a limited number of local government areas through plans of management made under the State Environmental Planning Policy 44. Some councils have mapped koala habitat relevant to the value of the habitat (e.g. primary, secondary or tertiary habitat; preferred, supplementary or marginal habitat). In response to an independent review into the decline of koala populations in key areas of NSW government, the government is currently developing a NSW koala strategy that includes a proposal to develop a state-wide map of koala habitat. This map will be completed in stages with the whole statewide map completed in December 2019. The government is seeking feedback on how koala habitat, where clearing is regulated by the LLS Act, should be identified.
Maintaining the values of travelling stock reserves The draft LLSA Regulation includes a note indicating that this Regulation may be revised after consultation to prescribe Travelling Stock Reserves (TSRs) as category 2 – regulated land. TSRs play a key role in landscape ecological connectivity and biodiversity conservation across NSW as well providing important agricultural, social, Aboriginal cultural heritage and recreational values. The Independent Biodiversity Legislation Review Panel in its final report recommended that highconservation value TSRs should be maintained to prevent the current network from being broken and connectivity lost. The NSW Government is currently conducting two major reviews of the values and uses of TSRs:
»» The Statewide TSR Review, led by Department of
Industry Lands and Local Land Services (LLS), will examine the current and future needs of the TSR network including a thorough assessment of other important land uses for TSRs such as cultural, Aboriginal, social and environmental purposes. This review will help determine the future ownership and management of TSRs in NSW by developing a comprehensive map of the TSR network in NSW – where they are, what they are now used for, who uses them and how often. As part of this review a consultation paper was released on 27 April 2017, consultation will remain open until 22 June 2017.
»» The second review, led by LLS and funded by
the NSW Environmental Trust, will consist of an assessment of the conservation values of TSRs to inform future management frameworks.
The government is seeking feedback on how TSRs should be treated under these reforms.
10
SUBMISSION GUIDE: Regulatory provisions for the Native Vegetation Regulatory Map
11
www.landmanagement.nsw.gov.au
12
SUBMISSION GUIDE: Regulatory provisions for the Native Vegetation Regulatory Map
