Local Land Services Act 2013

An application may be made to the Panel by or on behalf of the landholder for approval to clear native vegetation on land in any area of the State to which this Part applies.

The Panel may, in accordance with this Division, grant an approval to clear the native vegetation under this Division or refuse the application.

An approval for the clearing of native vegetation on any land may only be granted under this Division if the land comprises or includes category 2-regulated land.

An approval may only be granted under this Division if the land is being cleared for a purpose specified in the application for approval and—

the land can be used for that purpose without development consent or State significant infrastructure approval under the Environmental Planning and Assessment Act 1979, and

the clearing of the land is not part of an activity that is carried out by, or that requires the approval of, a determining authority within the meaning of Part 5 of that Act.

In determining an application for approval under this Division, the Panel is to take into consideration the environmental, social and economic impacts of the proposed clearing (in accordance with the principles of ecologically sustainable development) having regard to the purpose for which the land is to be used after it is cleared. In relation to the environmental impacts, the Panel is to take into consideration (without limitation) the following—

the likely impact of the proposed clearing on biodiversity values as set out in a biodiversity development assessment report that has been submitted by the applicant for the approval in accordance with section 60ZG,

whether the clearing of the native vegetation is likely to cause or increase soil erosion, salination, acidification, land slip, flooding, pollution or other adverse land or water impacts,

any future clearing of native vegetation on the land that has been duly authorised or notified but not yet carried out.

The Panel must refuse to grant approval under this Division if the Panel is of the opinion that the proposed clearing of native vegetation is likely to have serious and irreversible impacts on biodiversity values. Serious and irreversible impacts on biodiversity values means serious and irreversible impacts on biodiversity values as determined under section 6.5 of the Biodiversity Conservation Act 2016 that would remain after the measures proposed to be taken to avoid or minimise the impact of the proposed clearing on biodiversity values.

An approval under this Division may be granted subject to such conditions relating to the clearing as are specified in the approval (including in relation to any matter referred to in subsection (5)). However, an approval cannot be granted subject to conditions relating to the use of the land after it has been cleared.

An approval under this Division may be granted even if part of the clearing is otherwise authorised under this Part or under section 60O (Clearing authorised under other legislation etc).

An approval under this Division may not be granted—

to carry out forestry operations within the meaning of Part 5B, or

to clear native vegetation on land to which a private native forestry plan under Part 5B applies.

An approval under this Division may be granted subject to a condition that any development consent under the Environmental Planning and Assessment Act 1979 that authorises the clearing of native vegetation on the land is surrendered under that Act. Any such development consent may be granted subject to a condition that any approval under this Division is surrendered under this Division.

An application for approval under this division may be made jointly by or on behalf of a group of landholders. In that case, the application is to be assessed and determined under this Division having regard to the whole area that is the subject of the application.

The regulations may make provision for or with respect to the fees payable in connection with an application for an approval under this Division.