The draft NVR (Native Vegetation Regulatory) map has now been released for all of NSW including the North West and New England. This map shows the areas of the state that are;

1. Unregulated / Exempt, meaning these areas can be cleared and farmed without any regulatory approval. These areas are shaded blue.  

2. Regulated, meaning areas that cannot be cleared (or farm) without approval from the LLS or for a purpose outlined in the Code. These areas are shaded yellow. 

3. Vulnerable regulated, meaning that you can not clear or farm at all without approval from the LLS. These areas are shaded in dark yellow / brown. 

4. Sensitive regulated land, meaning areas that cannot readily be cleared or farmed such as areas under a Conservation Agreement or Remediation Order. 

The map is still only in draft at this stage. The State Government have not said when the map will be made final. Therefore, the map does not have legal effect at this stage.

Landholders can request a review if the draft map is wrong. This could prove tricky as the landholder will need to demonstrate that the areas he/she is farming have been lawfully developed since 2017. 

It appears that the draft map does not (in many instances) correctly classify areas that have been lawfully developed since 2017 as exempt. This will mean that landholders who have developed country lawfully will now need to apply for a review. Based on our initial review of the draft NVR map it may create some difficulties for landholders. 

The NVR map could possibly have an impact on property valuations. For example a landholder may say that his/her property consists of 2,000ha of farming country. The final map may incorrectly indicate that there is in fact only 1,000ha of unregulated / exempt land which then raises the question of how the balance of the farm (coloured in yellow) will be valued by the Bank.  

It may also pose difficulties for borrowers when they approach a Bank to purchase country. For example, a borrower approaches his or her bank to borrow $5million to purchase a farming block. The bank will inevitably check the NVR map to confirm the valuation. If the Map indicates that the existing farming areas on the block are regulated then the amount that the Bank is willing to lend could be impacted. Both purchasers and vendors of rural land and their solicitors should be carefully consulting the draft NVR map before Contracts are exchanged. 

For a multitude of reasons, Landholders should obtain legal advice before they request a review of the Draft NVR map. 

The draft NVR nap can be viewed here: https://www.lmbc.nsw.gov.au/Maps/index.html?viewer=DraftNVRmap 

Please contact Brendan Moylan in our Moree office If you require advice on the draft NVR map.