Native Vegetation - Local Government
Native vegetation management in the planning scheme | New exemption for clearing vegetation around existing dwellings for bushfire protection | Fire protection exemption for roadsides | Assessing planning permit applications | Managing native vegetation on roadsides | Referral of planning permit applications to DSE | Highly Localised Assets | Assessment of planning permit applications by DSE | Regulatory Change Measurement | Native Vegetation Tracking System
This page contains information that, along with training, will support local councils in assessing planning permit applications that propose clearing of native vegetation.
Native vegetation management in the planning scheme
The Native Vegetation Policy and Planning Fact Sheet - outlines the broad policy context for native vegetation management in Victoria and summarises the main sections of the Victoria Planning Provisions that are relevant to native vegetation.
The native vegetation policy and planning fact sheet
[PDF File - 517.2 KB]
The native vegetation policy and planning fact sheet (accessible version)
[MS Word Document - 299.5 KB]
New exemption for clearing vegetation around existing dwellings for bushfire protection
In September 2009 the 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
[PDF File - 310.5 KB]
Making Victoria Fire Ready; 10/30 Rule, 10/50 Rule and fence line clearing (accessible version)
[MS Word Document - 366.0 KB]
Making Victoria Fire Ready; Managing erosion and landslip risk
[PDF File - 89.6 KB]
Making Victoria Fire Ready: Managing erosion and landslip risk (accessible version)
[MS Word Document - 32.0 KB]
Making Victoria Fire Ready; 10/30 Rule, 10/50 Rule and fence line clearing -Frequently Asked Questions
[PDF File - 306.6 KB]
The vegetation exemptions are part of the new Victoria Planning Provisions introduced by the Government to give priority to protecting human life. To find out more about changes to the Victoria Planning Provisions visit the Department of Planning and Community Development’s website at www.dpcd.vic.gov.au.
Fire protection exemption for roadsides
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 to assist road managers in utilising the exemption.
New fire exemption for roadsides
[PDF File - 165.2 KB]
New fire exemption for roadsides (accessible version)
[MS Word Document - 114.5 KB]
New fire exemption for roadsides - Frequently Asked Questions
[PDF File - 164.7 KB]
[MS Word Document - 113.5 KB]
Roadside vegetation management for bushfire mitigation purposes - guideline for road managers (accessible version)
[MS Word Document - 792.0 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.
Road Bushfire Risk Assessment Guideline
[PDF File - 2.3 MB]
A template has been provided to assist road managers in the preparation of a work plan to meet the requirements of the agreement.
Template for roadside bushfire mitigation work plan (editable version)
[MS Word Document - 81.5 KB]
Managing native vegetation on roadsides
Guideline for implementing agreements under the local government public road exemption
This guideline has been developed to assist councils to understand their obligations when undertaking removal of native vegetation on roadsides under the Public Roads exemption (under Clause 52.17 of the Victoria Planning Provisions). It applies to all councils that have formally entered into an Agreement with DSE.
Managing native vegetation on roadsides: A guideline for implementing agreements under the local government public road exemption
[PDF File - 233.5 KB]
Assessing planning permit applications
A guide for assessment has been developed to assist councils to assess non-referred planning permit applications to clear native vegetation. The guide was developed as part of the DSE Priority Review Project, which emerged from the Victorian Competition and Efficiency Commission inquiry into environmental regulation 2009. It was developed in consultation with a working group with representatives from the Municipal Association of Victoria and the following local councils: Baw Baw, Buloke, Macedon Ranges, Manningham, Melton, Moira, Mornington Peninsula, Murrindindi, Wellington, Whittlesea and Yarra Ranges.
Guide for assessment of non-referred planning permit applications to remove native vegetation
[PDF File - 820.4 KB]
Guide for assessment of non-referred planning permit applications to remove native vegetation (accessible version)
[MS Word Document - 176.5 KB]
To assist councils assess applications, two data layers have been developed:
- Default Conservation Significance – Patch
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Default Conservation Significance – Scattered Trees
These spatial layers can be accessed at Biodiversity Interactive Maps. For more information on data layers to help assessment of planning permit applications see the following information sheets.
Native Vegetation Information Sheet - New spatial data layers for assessment of planning permit applications
[PDF File - 72.7 KB]
Referral of planning permit applications to DSE
Some planning permit applications must be referred to other agencies under s55 of the Planning and Environment Act 1987, or given notice of the application under s52(1)(c) of the Act.
Clause 66, Referral and notice provisions of all Victorian planning schemes describes the kind of applications involving removal of native vegetation that must be referred, or for which notice must be given to DSE (see section 4 for detail of referral triggers).
The Department of Sustainability and Environment (DSE) has reviewed the system of assessment for native vegetation removal with the aim of delivering a graded assessment standard for referred permit applications. Applications to clear native vegetation that are refereed to DSE will be assigned to one of three pathways:
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Low risk - planning permit applications that involve removal of
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less than 1 ha of a remnant patch of native vegetation but where there are no highly localised assets, or
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less than 25 scattered trees but where there are no highly localised assets.
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Moderate risk - planning permit applications that involve the removal of
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less than 1 ha of a remnant patch of native vegetation but where there is a highly localised asset, or
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between 1 and 2.5 ha of a remnant patch of native vegetation, or
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less than 25 scattered trees but where there is a highly localised asset, or
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more than 25 scattered trees to any number of scattered trees.
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High risk - all major projects, and any planning permit applications that involve removal of more than 2.5 ha of a remnant patch of native vegetation.
Highly Localised Assets
Highly localised assets are Ecological Vegetation Classes (EVCs) and flora and fauna species that live in such a small area (small area of occupancy) that even small amounts of vegetation removal could result in a considerable impact on the species.
For planning permit applications referred to DSE, the presence of a Highly Localised Asset will result in an application that would otherwise be considered low risk (based on the area or number of trees to be cleared), to be assessed as moderate risk.
If an application is determined to be moderate risk, DSE staff may request further information on an application such as a site assessment and analysis of whether the proposal is likely to impact on the Highly Localised Asset.
The presence of a Highly Localised Asset does not have any direct impact on offset obligations under Victoria’s Native Vegetation Management – A Framework for Action (the framework). According to the framework, offset obligations are based on the conservation significance of the native vegetation to be removed.
Highly Localised Assets are independent of any requirements of the Flora and Fauna Guarantee Act 1988 or Federal Environment Protection and Biodiversity Conservation Act 1999.
DSE has prepared spatial layers for Highly Localised Assets that can be accessed through Biodiversity Interactive Maps. For more information on data layers help assessment of planning permit applications see information sheets on the New spatial data layers assessment of planning permit applications.
Assessment of planning permit applications by DSE
For applications assigned to the moderate or high risk pathway, DSE will generally require a consultants’ report to be provided. For applications assigned to the low risk pathway, DSE will generally only require the form within the Permit applicant’s guide to be submitted.The Guide for assessment of referred planning permit applications explains how the Department of Sustainability and Environment (DSE) will assess referred planning permit applications assigned to the moderate or high risk pathways.
The Guide describes how the referral authority (DSE) will consider each of the decision guidelines under clause 52.17 of the Victoria Planning Provisions (VPP) and planning schemes when assessing a referred application and how to respond to the responsible authority when the Secretary to DSE is a referral authority in respect of an application.
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Regulatory Change Measurement
The Department of Sustainability and Environment has reviewed the system of assessment for native vegetation removal with the aim of delivering a graded assessment standard for referred permit applications. DSE has measured the savings to individuals and businesses as a result of these changes.
Regulatory Change Measurement - Native Vegetation Permits
[PDF File - 404.6 KB]
Native Vegetation Tracking System
The Native Vegetation Tracking System (NVT) is a web-based information system for recording removal, retention and offsetting of native vegetation in Victoria. NVT was developed to record clearing and offset data relating to planning approvals where DSE is the referral authority, allowing DSE to monitor clearing trends and the implementation of the framework.
The information captured through NVT assists in performance management, helps to ensure that decision making is consistent and timely and assists in making decisions on prioritising deployment of resources.
NVT Highlights for 2008/09 factsheet - June 2010 - PDF version
[PDF File - 393.3 KB]
NVT Highlights for 2008/09 factsheet - June 2010 - Word version
[MS Word Document - 26.5 KB]
NVT Highlights for 2009/10 factsheet - June 2011 - PDF version
[PDF File - 78.5 KB]
NVT Highlights for 2009/10 factsheet - June 2011 - Word version
[MS Word Document - 915.5 KB]
Please note: Document(s) on this page are presented in PDF format. If you do not have the Adobe Reader, you can download a copy free from the Adobe web site.