Proposed changes to the Native Vegetation Act 2003 (NSW) (the Act) will generally soften penalties and liberalise restrictions on broadscale clearing. If passed, the Native Vegetation Amendment Bill 2014 (NSW) (Amendment Bill) will also bring economic and social considerations onto equal footing with environmental considerations, in the assessment of whether broadscale clearing is allowed.

This softening of restrictions will make it easier for developers to carry out their operations. The mining industry will also benefit from the Act's increased emphasis on the economic betterment of the State.

Some of the key proposed changes are highlighted below.

Changes to the objects of the Act

Changes to the objects of the Act will give greater recognition to economic betterment.

The current objective of the Act – to prevent broadscale clearing of native vegetation unless it is "in accordance with ecologically sustainable development" – will be replaced with the object of preventing broadscale clearing unless it is "in order to promote the social, economic and environmental interests of the State".

Development applications for clearing will now be assessed against these objects.

Changes to definition of native vegetation

Changes to the definition of "native vegetation" will mean that prohibitions on clearing native vegetation will no longer apply to indigenous understorey plants or groundcover.

Narrower definition of broadscale clearing

The definition of "broadscale clearing" will be amended to "the non-selective clearing of large areas of remnant native vegetation". It specifically "does not include the clearing of single trees on a selective basis". This is narrower than the current definition, which includes the clearing of any native vegetation or protected regrowth.

More activities will be excluded from the prohibition on clearing

Routine agricultural management activities (which are excluded from the clearing prohibition) will be extended to include activities to reduce risk of serious personal injury or damage to property. Drought preparation or recovery measures, any activity necessary to control non-indigenous species of vegetation, and any clearing for compliance with the Work Health and Safety Act 2011 (NSW) – will all be excluded from the prohibition.

Reduced penalties and changes to proceedings for offences

The Amendment Bill reduces the maximum penalty for several offences. Most significantly, the maximum penalty for carrying out or authorising the clearing of native vegetation otherwise than in accordance with a development consent or a property vegetation plan is reduced from $1.1 Million to $110,000.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.