Maintain agriculture, forestry or farming
If you want to clear native vegetation to maintain existing agricultural, forestry or farming practices, the requirements that must be met are outlined under Schedule 1, Regulation 11, Clause 24 of the Native Vegetation Regulations 2017.
Can I clear native vegetation to maintain existing agriculture, forestry or farming?
Yes, provided that:
- clearance is limited to maintaining the existing use of land that has been consistently used for commercial agricultural, forestry or primary production purposes over the past 10 years, and
- you have a Management Plan approved by the Native Vegetation Council.
Note: Clearance is generally limited to burning, slashing or rolling of regrowth vegetation, however please refer to the Guidelines below for further information.
What does this mean?
Clearance must be limited to native vegetation that has regrown within 10 years on land used for commercial agricultural, forestry or primary production purposes.
Clearance cannot cause permanent degradation or loss of the native vegetation i.e. the native vegetation cannot be completely removed, and must be allowed to regrow after the clearance works.
For example, the rolling of regrowth to promote pasture value of the native vegetation.
Does this include land under Heritage or Management Agreement?
No, you cannot clear for this purpose on Heritage Agreement or Management Agreement land.
What do I have to do?
Make sure that your clearing is within the parameters of this activity
Apply the Mitigation Hierarchy. Are there practical alternatives to clearing, including options that involve no clearing, or clearing vegetation that is less significant or more degraded?
Prepare a Management Plan that addresses the criteria in the Native Vegetation Council’s Guideline for the Maintenance of Existing Agriculture, Forestry or Farming. Contact the Native Vegetation Branch if you need help to prepare your plan, or consider engaging an Accredited Consultant for specialist advice.
Submit the following to the Native Vegetation Council via email to nvc@sa.gov.au:
a Management Plan
written permission of the landowner if you are acting on behalf of the landowner.
What if I want to clear native vegetation regrowth for the maintenance of existing agriculture, forestry or farming?
You can clear native vegetation that has regrown over the past 5 years and was lawfully cleared in the past.
What if I want to clear vegetation for grazing?
You can clear for grazing practices that have not changed in the past 10 years without approval.
You can clear for changed grazing practices, but you need to prepare a Management Plan and seek approval from the Native Vegetation Council.
Exclusions
You are not permitted to clear for this activity if you are clearing in a way that will permanently remove or degrade native vegetation (including residual adverse impacts) – if this is the case you will need to submit a clearance application under the Native Vegetation Act 1991.
What if my activity doesn't fit this description?
If your proposed clearance does not meet the requirements of this regulation, or another regulation, you can submit a clearance application under Section 28 of the Native Vegetation Act 1991.
