Native Vegetation - Permit applicants
Permit applications | What is native vegetation? | New exemption for clearing vegetation around existing dwellings for bushfire protection | Other exemptions | What information must be provided with a permit application? | Avoiding and minimising removal of native vegetation | Offsets | Property Vegetation Plans | Where can I get more information?
Permit applications
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In Victoria, native vegetation removal is regulated through the planning system. If you want to remove native vegetation a planning permit is required, unless the proposal is exempt. It is recommended you check with your local council before starting any work that could impact native vegetation as a planning permit may be required. There may additional requirements under the State’s Flora and Fauna Guarantee Act 1988 and the Commonwealth Environment Protection and Biodiversity Conservation Act 1999.
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What is native vegetation?
Native vegetation means plants that are occur naturally in Victoria, including trees, shrubs, herbs and grasses. This includes areas of bushland with trees, scattered paddock trees, and treeless areas of scrub or grassland. In fact, some of the most rare or threatened vegetation types do not include trees at all, such as native grasslands, many wetlands and alpine communities.page top
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 factsheet
[PDF File - 310.5 KB]
Making Victoria Fire Ready: 10/30 Rule, 10/50 Rule and fence line clearing factsheet (accessible version)
[MS Word Document - 366.0 KB]
Making Victoria Fire Ready - Managing erosion and landslip risk factsheet
[PDF File - 89.6 KB]
Making Victoria Fire Ready - Managing erosion and landslip risk factsheet (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]
Making Victoria Fire Ready: 10/30 Rule, 10/50 Rule and fence line clearing - Frequently Asked Questions (accessible version)
[MS Word Document - 347.5 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.
Other exemptions
There are some situations where you don’t need a permit to clear native vegetation; these are known as exemptions. Since 15 September 2008, new exemptions have applied. A simple fact sheet has been prepared to help quickly identify the changes.
Native Vegetation exemptions fact sheet - September 2008 update
[PDF File - 468.7 KB]
Your local council can tell you what requires a permit and what does not. Exemptions can vary depending on the planning controls that apply to the land in question.You can also find out what planning controls apply by:
- Looking at relevant maps at your local Council offices.
- Looking up the Planning Scheme for your Municipality on Planning Schemes online.
- Getting basic information from www.land.vic.gov.au. Click on property reports and type in the address.
What information must be provided with a permit application?
A guide has been developed to help people submitting planning permit applications to clear native vegetation. Please note that depending on what you are proposing, your local council or DEPI in some cases, may require additional information.
Native vegetation permit applicant's guide
[PDF File - 958.4 KB]
Native vegetation permit applicant's guide (accessible version)
[MS Word Document - 58.5 KB]
Permit applicants can either print out and complete the form at the back of the guide or can complete the form electronically - editable versions of the form are provided below.
Native Vegetation permit applicant's guide - editable form
[PDF File - 457.3 KB]
Native Vegetation permit applicant's guide - editable form
[MS Word Document - 47.5 KB]
Note that all applications, regardless of their size, must include an explanation of the steps taken to avoid vegetation removal or minimise the amount of vegetation removed through careful planning, siting, design and construction. For more information on avoiding and minimising removal of native vegetation see section below.
Permit applicants are generally required to provide offsets if they remove native vegetation. For more information on offsets see section below.
The Native vegetation permit applicant’s guide is not designed to provide advice on meeting fire protection requirements. If you need help with this issue, contact the Country Fire Authority. However, once it has been determined what vegetation removal is required for fire protection, you may use the Native vegetation permit applicant’s guide when applying for a permit to remove native vegetation.
The Native vegetation permit applicant’s guide is not designed to be used when you are applying for a permit to remove heritage trees or other non-indigenous vegetation. For further information on these applications, contact your local council.
Planning permit applications flowchart
[PDF File - 62.9 KB]
Planning permit applications flowchart (accessible version)
[MS Word Document - 692.5 KB]
Avoiding and minimising removal of native vegetation
The planning scheme requires you to avoid removing native vegetation as far as practical. If the removal of native vegetation cannot be avoided, you must minimise the amount of native vegetation you remove through careful planning, siting, design and construction. Please note that by avoiding and minimising native vegetation removal you will reduce your offset requirement. This will reduce the costs of meeting any conditions on your permit relating to offsets.
If you are applying for a permit to remove native vegetation you will be asked to what actions you have taken to avoid or minimise native vegetation removal. For instance, if you are building a house you might have chosen a mostly cleared area, sited the building close to the road (to reduce native vegetation removed for the driveway), or you could have designed your home to minimise native vegetation removal.
The following questions may assist you to avoid and minimise native vegetation removal:
- Are there alternative sites on your property where you could do the works that would avoid or minimise native vegetation removal?
- If you are building a house, is there an opportunity to locate it in an area where the fire risk is reduced?
- Can you consolidate the different parts of your construction or subdivision layout (for example, grouping buildings together) to avoid removing native vegetation?
- Could you alter the orientation, layout or form of your works to avoid native vegetation?
- Can your works be modified to avoid the removal of native vegetation?
- Can you choose construction methods that would minimise damage to native vegetation?
Offsets
Offsets should only be considered after all options for keeping native vegetation have been explored. The more clearing that can be avoided and minimised, the less that will have to be offset.Offsets can be achieved by protecting existing vegetation or in some cases, by promoting regeneration or undertaking revegetation.
Offset requirements depend on the native vegetation that is proposed to be cleared. The amount or type of offset required will depend on how much native vegetation you are permitted to remove and the conservation significance of the vegetation. Your planning permit will outline what is required. For small proposals that involve clearing relatively small areas or a small number of trees, the offsets are relatively basic.
All offsets need to be secure and ongoing. This means that the native vegetation cannot be removed in the future.
You can establish an offset on your property, or you can arrange for someone else to do it for you. If the offset is on your property you will need to prepare an Offset Plan describing what works you will be doing.
If it is not possible for you to offset on your land, the Department of Environment and Primary Industries (DEPI) and local councils have programs that help permit applicants find offsets. These include BushBroker, Trust for Nature and council offset programs.
The series of fact sheets below have been prepared to provide information on native vegetation offsets.
Native Vegetation Offset Fact Sheet 1 - Advice for Environmental Organisations - provides some general advice to environmental organisations that are considering providing native vegetation offsets.
Advice for Environmental Organisations – Fact Sheet 1
[PDF File - 81.1 KB]
Advice for Environmental Organisations - Fact Sheet 1
[MS Word Document - 1.4 MB]
Native Vegetation Offset Fact Sheet 2 - Conservation significance and Like for Like - explains how conservation significance is determined and how it relates to the Like-for-Like requirements of Victoria’s Native Vegetation Management – A Framework for Action.
Conservation Significance and Like for Like - Fact Sheet 2
[PDF File - 100.0 KB]
Conservation Significance and Like for Like - Fact Sheet 2
[MS Word Document - 1.4 MB]
Native Vegetation Offset Fact Sheet 3 - Security - provides advice on the security requirements for offsets on private land.
Security - Fact Sheet 3
[PDF File - 99.3 KB]
Security - Fact Sheet 3
[MS Word Document - 2.0 MB]
Native Vegetation Offset Fact Sheet 4 - Gains and offsetting on private land - provides advice on gains that may be available on private land.
Gains and Offsetting on Private Land - Fact Sheet 4
[PDF File - 58.1 KB]
Gains and Offsetting on Private Land - Fact Sheet 4
[MS Word Document - 1.4 MB]
Where can I get more information?
- DEPI's Property, Titles and Maps pages
- Planning Schemes Online
- Contact the relevant Regional DEPI Office
- The Information, maps and publications section of this site contains more detailed information.
- The vegetation layer of DEPI’s Biodiversity Interactive Map allows you to select a general area and get an estimation of the native vegetation (Ecological Vegetation Classification - EVC) that is likely to be present and its Bioregional Conservation Status.
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.