Land and environment court had ruled code was invalid since proper procedure had not been followed

The New South Wales government has reinstated laws that make land clearing easier after a court ruled they were invalid last week.

On Friday, the NSW land and environment court ruled the Land Management (Native Vegetation) Code was invalid, since it was not approved by the NSW environment minister before it was implemented by the primary industries minister.

The code was created to exempt clearing from the usual development assessment procedure and was introduced after the NSW Coalition government overhauled the state’s conservation laws in 2016, making land clearing easier for farmers.

But the laws were thrown into disarray on Friday when the Nature Conservation Council (NCC) of NSW won a challenge against them, after it was revealed the proper procedure for implementing them had not been followed.

Laws that make land clearing easier ruled invalid by NSW court Read more

The NCC and the NSW environmental defenders office, which represented the NCC, said on Friday the government should not simply remake the laws, since the case showed the environment minister, Gabrielle Upton, had not done the work required to protect biodiversity.



“This is not simply a matter of incorrect paperwork,” said David Morris, the chief executive of the environmental defenders office NSW. “Ecologically sustainable development is not just another box to tick. The environment minister has a legal responsibility to protect biodiversity in this state.”

But the government made no delay remaking the laws, announcing on Saturday it had been completed.

“The remade code is identical to the previous one and is an integral part of the new land management framework which gives landowners the tools and certainty they need,” said David Witherdin, the CEO of Local Land Services, which oversees clearing under the codes.

The move was condemned by the NCC.

“By waving these laws through a second time without even pausing to consider the consequences, Premier Berejiklian has gone against the wishes of voters and the advice of leading scientists,” the NCC’s CEO, Kate Smolski, said.

“The government’s own experts have warned 99% of koala habit on private land is left exposed to clearing by these laws and that there would be a spike in tree loss of up to 45%.

“As the state’s peak environment organisation, we will continue to do everything we can to expose the damage of land clearing and will not stop until we have laws that give nature the protection it deserves.”