Native vegetation provides habitat for wildlife and delivers a range of ecosystem services that make land more productive and contribute to human well being.
Native vegetation clearing regulations
In Victoria, a permit is usually required to remove, destroy or lop native vegetation. These regulations are known as the native vegetation clearing regulations and are primarily implemented through local planning schemes.
In certain circumstances, alternate assessment and/or approvals processes are used to regulate the removal of native vegetation. This includes processes established by the Environment Effects Act 1978 and the Mineral Resources (Sustainable Development) Act 1990.
The Permitted clearing of native vegetation – Biodiversity assessment guidelines (the Guidelines) outline how impacts on Victoria's biodiversity are assessed when a planning permit application to remove native vegetation is lodged. The Guidelines are an incorporated document in all Victorian planning schemes.
Permitted clearing of native vegetation – Biodiversity assessment guidelines (PDF, 900.5 KB)
Permitted clearing of native vegetation – Biodiversity assessment guidelines (accessible) (DOC, 1.3 MB)
The Guidelines are applied alongside other requirements of the planning scheme when an application for a permit to remove native vegetation is considered by the responsible authority.
A permit to remove native vegetation does not replace any requirements under the Flora and Fauna Guarantee Act 1988 and the Commonwealth Environment Protection and Biodiversity Conservation Act 1999.
Reforms to Victoria's native vegetation clearing regulations
On 20 December 2013, a planning scheme amendment was gazetted to implement a package of reforms to Victoria's native vegetation permitted clearing regulations. Further detail about the amendment can be found at Planning Scheme Amendments Online.
Review of the native vegetation clearing regulations
The Victorian Government is recently completed reviewing the native vegetation clearing regulations to ensure they sensibly protect sensitive native vegetation. Information about the review, including outcomes and proposed changes to the regulations are available here
A planning permit is required to remove, destroy or lop native vegetation, however there are exceptions
The Victoria Planning Provisions define native vegetation as plants that are indigenous to Victoria, including trees, shrubs, herbs and grasses.
A planning permit is required to remove, destroy or lop native vegetation unless:
- the removal is the result of a use that is not regulated by the planning scheme
- the planning scheme provides for the removal of native vegetation without a permit.This can occur where:
- 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 Victoria Planning Provisions
- the native vegetation is listed in a schedule to clause 52.17 within the relevant planning scheme.
For further information see the factsheet:
Requirement for a permit to remove native vegetation (PDF, 150.4 KB)
Requirement for a permit to remove native vegetation (accessible) (DOCX, 4.3 MB)
The Permitted clearing of native vegetation – Biodiversity assessment guidelines (the Guidelines) classify native vegetation into two categories: remnant patches and scattered trees.
A remnant patch of native vegetation is either:
- an area of native vegetation where at least 25 per cent of the total perennial understorey plant cover is native
- any area of with three or more canopy trees where the canopy foliage cover is at least 20 per cent of the area.A scattered tree is a native canopy tree that does not form part of a remnant patch.The guidelines do not apply to native vegetation which does not meet the definition of a remnant patch or scattered tree. Defining and classifying native vegetation
For further information see the factsheet:
Defining and classifying native vegetation (PDF, 722.2 KB)
Defining and classifying native vegetation (accessible) (DOCX, 4.3 MB)
Preparing an application to remove native vegetation
The Permitted clearing of native vegetation – Biodiversity assessment guidelines (the Guidelines) outline the planning permit application information requirements to remove native vegetation.
The application requirements depend on the risk-based assessment pathway used to assess the application to remove native vegetation. There are three risk-based assessment pathways:
- low risk
- moderate risk
- high risk
The risk-based assessment pathway for a planning permit application to remove native vegetation is determined by the amount of native vegetation proposed to be removed (in hectares or number of trees) and its location in the landscape.
An online tool in the Native Vegetation Management Information (NVIM) system is available to help landholders determine the risk-based assessment pathway of their planning permit application to remove native vegetation.
Low risk-based assessment pathway
The Permitted clearing of native vegetation -– Low risk-based pathway permit applicant's kit is available to assist landholders when preparing applications in the low risk-based pathway.
Moderate and high risk-based assessment pathway
Additional information is required when preparing applications under the moderate and high risk-based pathways, including a habitat hectare assessment report.
Further information is available in the fact sheet:
Meeting the moderate and high risk-based pathway applications requirements (PDF, 231.2 KB)
Lodging an application to remove native vegetation
Applications for a permit to remove native vegetation must be lodged with the relevant responsible authority, which is usually the local council.
In addition to the application requirements for the native vegetation permitted clearing regulations, further information may be required by the local planning scheme.
Page last updated: 13/11/19