Local Land Services Act 2013

For the purposes of this Part, native vegetation means any of the following types of plants native to New South Wales—

trees (including any sapling or shrub or any scrub),

understorey plants,

groundcover (being any type of herbaceous vegetation),

plants occurring in a wetland.

A plant is native to New South Wales if it was established in New South Wales before European settlement. The regulations may authorise conclusive presumptions to be made of the species of plants native to New South Wales by adopting any relevant classification in an official database of plants that is publicly accessible.

For the purposes of this Part, native vegetation extends to a plant that is dead or that is not native to New South Wales if—

the plant is situated on land that is shown on the native vegetation regulatory map as category 2-vulnerable regulated land, and

it would be native vegetation for the purposes of this Part if it were native to New South Wales.

For the purposes of this Part, native vegetation does not extend to marine vegetation (being mangroves, seagrasses or any other species of plant that at any time in its life cycle must inhabit water other than fresh water). A declaration under section 14.7 of the Biodiversity Conservation Act 2016 that specified vegetation is or is not marine vegetation also has effect for the purposes of this Part.