Gaye Wheatley and her husband, Ned, spent decades of their lives planting native trees and plants on their property in West Wyalong. 
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The New South Wales government recently had to address legal concerns that left a resident worried she might not be able to rest eternally beside her late husband on their Riverina farm. 

Gaye Wheatley and her husband, Ned, dedicated many years to cultivating native flora on their West Wyalong property. 

After Ned passed away, the family chose to bury him on their beloved land.

Gaye Wheatley and her husband, Ned, spent decades of their lives planting native trees and plants on their property in West Wyalong. 
Gaye Wheatley and her husband, Ned, spent decades of their lives planting native trees and plants on their property in West Wyalong.  (Supplied)

However, due to regulations introduced in 2018, nearly half of the Wheatley estate is now designated as native vegetation, sparking fears that Gaye may face obstacles in being interred next to her husband.

Annabelle Davis, the family’s spokesperson, shared with 2GB that the Wheatleys are among those affected by these legislative changes.

“Not one landholder was directly contacted about this change of their land use,” Davis said.

“The first that we all knew about it was actually in 2021 when the first of a series of prosecutions were put on landholders doing on their land what they’d done for decades and generations.”

The state classifies land in four colour categories under the Land Management (Native Vegetation) Code 2018:

  • Orange – land where clearing of native vegetation and allowable land activities is limited
  • Pink – land where clearing is not allowed and allowable land activities are limited
  • Brown – land where orange and pink land overlap
  • Grey – land that is excluded from the law

Wheatley’s farm is part of a large area of land in West Wyalong classified as pink, according to the state’s online map. 

Environment Minister Penny Sharpe has cleared up the confusion, saying her department has assured Wheatley that she can be buried next to her husband pending the usual council approval.

“She is also able to maintain the graves on site,” she said.

“We will make sure that this is clarified again over the phone with Mrs Wheatley to avoid any further stress or confusion.”

Leader of the opposition in the upper house Penny Sharpe.
Environment Minister Penny Sharpe has cleared up the confusion. (9News)

West Wyalong residents have been in talks with the state over some of the environmental laws that have put their decades-old farming practices in limbo.

Particularly, the harvesting of mallee-broombush, which is primarily found in the region, for eucalyptus oil and brush fencing, that an independent committee listed as critically endangered in 2010.

The Department of Environment has requested a review of the native plant’s critically endangered status from the same committee and a second review into the committee itself.

It is also helping residents review maps and seek approval through the native vegetation panel. 

“The department has also assured me that they are ready to undertake a rapid on-site review, to update the mapping and address Mrs Wheatley’s broader concerns about inaccurately mapped broom bush,” Sharpe said. 

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