Pre-works and pre-purchase land management due diligence
Various regulations apply across all land zonings in New South Wales, governing aspects such as vegetation management, earthworks, and waterway alterations. These rules change frequently, and landholders are not always directly notified, which can lead to unintentional compliance issues. If you are uncertain about the current laws or the legality of proposed land clearing or development, NSW LMAS provides expert guidance on the specific rules affecting your property today. We offer comprehensive pre-purchase due diligence covering land clearing, biodiversity, aboriginal cultural heritage, fire mitigation and exempt development advice.
Due diligence services
Rural native vegetation management in NSW
Biodiversity Offset Scheme for development
Aboriginal Cultural Heritage due diligence advice
Bushfire hazard reduction or fire mitigation
Exempt development not requiring a DA
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Under the NSW Local Land Services Act 2013 (LLS Act), rural zonings (RU1, RU2, RU3, RU4, RU6) fall under the jurisdiction of Local Land Services. All other zonings are regulated by your Local Council. Properties with mixed zoning may require coordination with both authorities for vegetation management. NSW LMAS assists in navigating these complexities to ensure all site-specific clearing is conducted lawfully.
We recognise that some Local Land Services regions currently face significant processing delays—ranging from six months to two years—for mandatory land clearing certificates.To ensure your property management plans remain on track, we can advise on voluntary code pathways and allowable activity alternatives that permit progress while you await formal certification.
Our goal is to provide peace of mind for landholders managing native vegetation. Many purchasers assume clearing is permitted, only to face allegations of illegal clearing or biodiversity harm mid-project. Because a Planning Certificate does not always reflect the full scope of restrictions, we offer specialised and site specific advice to mitigate these risks. Contact us for a no-obligation initial discussion.
We also provide guidance on whether your proposed project triggers the NSW Biodiversity Offset Scheme, which may necessitate a Biodiversity Development Assessment Report (BDAR) or the purchase of biodiversity credits.
NSW LMAS, we can conduct searches of the Aboriginal Heritage Information Management System (AHIMS) to identify cultural heritage objects and sites, and advise on related development requirements and approval or exemption pathways.
For fire safety, we consult on codes and exemptions for bushfire hazard reduction and limb management. Notably, legislation applies even to vegetation affected by natural disasters; post-fire growth is legally classified as "regeneration" rather than "regrowth," meaning it cannot be cleared without proper authorisation. We are here to guide you through these specific legal distinctions.
Finally, we advise on the State Environmental Planning Policy (SEPP) for Exempt and Complying Development Codes (2008). This is an essential tool for landholders undertaking minor projects—such as sheds, fencing, or stockyards—that may not require a full Development Application (DA). Even without a DA, strict planning controls must be met to avoid offences which we are experts to advice you on.
Whether you require a pre-purchase conference or a pre-works consultation, NSW LMAS is ready to help you navigate the lawful pathways of land management.