Posted on March 12, 2018 by Katie Mortimer and Sue Puckeridge

ALERT – NSW Government remakes the Land Management (Native Vegetation) Code

Following our blog on 9 March 2018, the Minister for Primary Industries has made a new Land Management (Native Vegetation) Code 2018 (‘Code‘) that commenced on 10 March 2018.

The Code is identical in substance to the Land Management (Native Vegetation) Code 2017 (‘2017 Code‘), except for the insertion of a new clause 2A that states the 2017 Code is repealed.

The Code now clearly states that the Minister for the Environment gave her concurrence to the Code at 1.19pm on 9 March, and that the Minister for Primary Industries made the Code at 3.40pm on 9 March.

The Minister of Environment’s concurrence to the Code, cures the breach of s60T of the Local Land Services Act 2013 that was the subject of challenge in the Land and Environment Court.

Landholders who applied the 2017 Code 

In a media release, Local Land Services (‘LLS‘), who provide authorisation to certain types of clearing under the Code, have stated that the Office of Environment and Heritage will not take any compliance action against landholders who acted in accordance with the 2017 Code, provided that they complied with any conditions of the 2017 Code or a certificate issued under it.

LLS also stated that landowners with certificates issued under the 2017 Code ‘should continue to comply with the conditions of those certificates.’ This is despite the 2017 Code now being repealed.

If you wish to discuss the new biodiversity or land clearing laws, please contact Sue Puckeridge, Partner on 8235 9702 or by email at