A planning permit is required to remove, destroy or lop native vegetation unless:
- the removal is not regulated by the planning scheme
- the planning scheme provides for the removal of native vegetation without a permit
A permit may not be required when:
- the removal of native vegetation is the result of the continuation of a lawful existing use for the purposes of Section 6(3) of the Planning and Environment Act 1987
- there is an exemption to the requirement for a permit for the purposes of Clause 52.16 or 52.17 of the planning schemes
- the native vegetation is listed in a schedule to Clause 52.17 within the relevant planning scheme.
This document provides guidance about the interpretation and application of the exemptions from requiring a planning permit to remove, destroy or lop native vegetation in Clauses 52.16 and 52.17 of planning schemes.
In September 2009, the Victorian government introduced the 10/30 rule for clearing of native vegetation around buildings used for accommodation. In implementing the recommendations of the Victorian Bushfire Royal Commission, the 10/30 rule will remain in place and the 10/50 rule has been introduced in areas where the bushfire hazard is greatest as identified by the new Bushfire Management Overlay. This is in keeping with the Commission's view that the ability to remove vegetation for fire protection should be more closely aligned with risk.
Information to help determine whether the 10/30 rule or 10/50 rule applies to your property is included in the fact sheets below.
Making Victoria Fire Ready: 10/30 Rule, 10/50 Rule and fence line clearing factsheet - Frequently Asked Questions (PDF, 113.3 KB)
Making Victoria Fire Ready: 10/30 Rule, 10/50 Rule and fence line clearing factsheet - Frequently Asked Questions (DOCX, 98.3 KB)
In response to recommendations made by the Victorian Bushfires Royal Commission, an exemption is available under clause 52.17-6 of the Victoria Planning Provisions for road managers to remove native vegetation along roadsides without the requirement for a planning permit. The exemption provides for a broad range of fire mitigation treatments to be undertaken on roadsides to reduce threats to life and property from bushfires. The exemption is subject to an agreement to ensure that supporting documentation is provided by road managers. This includes a work plan.
The Roadside vegetation management for bushfire mitigation purposes - guideline for road managers has been prepared for road managers using the exemption.
Roadside vegetation management for bushfire mitigation purposes guideline for road managers (PDF, 450.6 KB)
Roadside vegetation management for bushfire mitigation purposes guideline for road managers (DOC, 768.5 KB)
Terramatrix Pty Ltd has developed the Road Bushfire Risk Assessment Guideline to assist road managers in undertaking the risk assessment process as described in the Roadside vegetation management for bushfire mitigation purposes - guideline for road managers.
A template has been provided to assist road managers in the preparation of a work plan to meet the requirements of the agreement.
For more information, you can contact:
- your local council planning department
- our Customer Service Centre on 136 186
- Victorian Bushfire Information Line on 1800 240 667
Exemptions within planning schemes may allow landholders to remove some native vegetation to construct or maintain boundary fences, without needing to get a planning permit. It is important to check with the planning department of your local council to confirm whether your proposed clearing is exempt before you undertake works on public land or remove native vegetation.
Before you can access public land to remove native vegetation on the public land side of your boundary fence, you must obtain written consent from the public land manager.
We acknowledge that there may be some cases where additional native vegetation removal is required for the maintenance of fences constructed to exclude wild dogs.
The following fact sheet provides information for landholders seeking consent for access public land managed by DELWP to remove native vegetation for the construction or maintenance of a boundary fence for wild dog management.
It is also important to note that some native vegetation is protected under the Flora and Fauna Guarantee Act 1988. A permit to take protected flora from public land may also be needed if you are removing or lopping native vegetation on public land. Information about protected flora permits are available on or at your regional DELWP office.
To remove native vegetation for the construction or maintenance of a boundary fence for wild dog management, you must apply to the public land manager for consent. Please complete and return the following application form where DELWP is the public land manager.