Uncertainty over the NSW government's changes to land-clearing laws that would allow individual farmers to bulldoze native vegetation areas equal to 330 times the size of the Sydney Cricket Ground continues to fester, with the peak farming body saying many landholders may not participate in the scheme.
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The government has released proposed new codes for land clearing for public feedback that will allow farmers to remove as much as 625 hectares over three years on any landholding.
The codes - which are yet to be backed up by vegetation maps showing the areas where farmers will be permitted to make their own assessments - remain too onerous and "riddled with red lights", said Mitchell Clapham, conservation chair at NSW Farmers.
"We can't agree that it is fair to require farmers to set aside half or more of the vegetation on their own property, and undertake yearly reporting, forever," Mr Clapham said. "At the moment the settings aren't quite fair and we believe many farmers will not engage or participate in a system that is over-regulated, complicated and riddled with restrictions."
Environmental groups agree with NSW Farmers that the proposed codes are too complex but warn the outcome will farmers unwittingly clearing habitat of high ecological value.
"It is unreasonable to expect landholders without scientific qualifications to assess the ecological value of bushland and whether it can be cleared," Kate Smolski, chief executive of NSW Nature Conservation Council, said. "Putting that responsibility onto landholders is unfair and unnecessarily risky."
"This sort of approach could see a significant spike in land clearing in NSW," Francesca Andreoni, woodland conservation policy manager, at WWF-Australia, said. "We know that excessive tree clearing of this kind is pushing species to the brink as well as damaging farmland and waterways."
The government has argued its new native vegetation laws were needed to arrest a decline in biodiversity in the state and that broadscale land clearing - with its threat to koalas and other species - would not accelerate.
Penalties for two land-clearing cases under the previous laws are before the Land and Environment Court, including those involving the family of Ian Turnbull - the farmer who murdered Office of Environment and Heritage compliance staffer Glen Turner and died in March, less than a year into a minimum 24-year sentence.
The other case involves Geraldus Kurstjens, who pleaded guilty to illegal land clearing in the Moree region of northern NSW, with the court's judgement expected on Friday.
Fairfax Media sought comment from Niall Blair, Minister for Primary Industries, about the NSW Farmers' threat about farmers opting not to participate in the new codes.
"Local Land Services will be there to proactively help farmers avoid mistakes and to promote good management outcomes," a spokeswoman for Mr Blair said.
"The code, together with practical guidance material that will be developed, is intended to make it easier for landholders to understand and consider their land management options."
The NSW Environmental Defenders Office said the new laws will wind back significant environment protections, including the previous requirement to maintain or improve biodiversity when developing land.
"There is an assumption in all of this new schemes that farmers won't be causing serious and irreversible impacts," Sue Higginson, principal solicitor for the EDO, said, adding the government is yet to define what would constitute such impacts nor release the maps it will use.
Mehreen Faruqi, the Greens' environment spokeswoman, said the policies amounted to "tree killing" and the proposed codes were "every bit as bad as we feared".
"Self-assessable codes don't work and take away key environmental protections," Dr Faruqi said. "The expansion of the biodiversity offset scheme is a scam and only facilitates the loss of threatened species and endangered ecological communities."
The draft regulations are on exhibition for public comment until June 21.