My rural or agricultural land is affected

The starting point is usually the category of your land on the Native Vegetation Regulatory Map, because clearing of regulated native vegetation on rural land is controlled under the Local Land Services Act 2013 and the Biodiversity Conservation Act 2016. Whether clearing is allowed without approval generally depends on the land category, whether the work is an allowable activity, whether it falls under the land management (native vegetation) code, or whether it needs separate authorisation. These maps and categories are land-specific, so the position is best confirmed for your particular property before any clearing, as unlawful clearing can carry significant penalties and remediation orders.

NSW has a right-to-farm framework under the Right to Farm Act 2019, which can provide a defence to a common law nuisance claim where a commercial agricultural activity is carried out lawfully, without negligence, and that type of activity has generally been carried on on the land for at least 12 months. The protection is not absolute and does not cover activities that are unlawful or negligently conducted, and a court may still make orders managing how an activity is carried out rather than stopping it entirely. Whether the framework applies to a particular complaint depends on the facts, so it is best assessed rather than assumed.

Land in a primary production or rural zone is governed by the zone provisions in the relevant local environmental plan, which set out what is permitted with or without consent, and by State policies such as the State Environmental Planning Policy (Primary Production) 2021. Whether you can build a dwelling, run a secondary use such as agritourism, or subdivide commonly depends on minimum lot sizes, dwelling entitlement rules and any overlays affecting the land. Because permissibility is specific to the zone and the parcel, a planning check of your land's controls is generally the reliable way to confirm what is possible.

Where a project affects productive rural land, landholders commonly have rights to be consulted and, depending on the project, to object, to negotiate access terms or to be compensated, and larger projects are often assessed as State significant development or infrastructure with their own submission processes. The specific rights and any compensation generally turn on the type of project and the legislation it proceeds under, such as the relevant mining, energy or land acquisition regimes. Identifying which framework applies, and doing so before agreeing to access or terms, is often relevant to a landholder's position.