Farming and Native Vegetation Portal

In 2013 the native vegetation removal regulations were reviewed. The review examined how the regulations have been functioning since native vegetation reforms were introduced in 2013. The changes to the regulations make the system fairer.

Scattered trees are now categorised into two sizes, small and large, where previously they were all considered large. In addition, when mapping scattered trees, if there is any overlap of tree areas this will no longer be double counted. These changes will reduce the area of native vegetation that is proposed to be removed for many applications removing scattered trees, reducing their offset requirements and costs.

Several changes also reduce costs for offsetting on their properties farmers. These include:

• the development of a template for section 173 agreements for offsets
• introducing options to bank first party general offsets for use in the future

Change in assessment pathway thresholds

There are three assessment pathways for applications for permits to remove native vegetation: Basic, Intermediate and Detailed. The assessment pathway reflects the potential impact on biodiversity from removing native vegetation. These pathways are determined by:

• the amount of native vegetation to be removed (in hectares)
• whether the native vegetation to be removed is habitat for Victoria's rare or threatened species, or endangered or highly sensitive vegetation type
• whether any large trees are to be removed

The area of native vegetation that can be removed without requiring a site assessment has been lowered. This is to make sure that there is a more detailed assessment when some potentially sensitive native vegetation is proposed to be removed.

This change is not expected to have a significant impact on farmers. However, if you feel your permit application has been negatively impacted by this change please contact the native vegetation team directly at nativevegetation.farming@delwp.vic.gov.au

The objective for the native vegetation removal regulations is ‘to ensure that there is no net loss to biodiversity as a result of the removal, destruction or lopping of native vegetation’. This is achieved through a three step approach; avoid, minimise and offset.

A planning permit is usually needed to remove, destroy or lop native vegetation (remove native vegetation).

In some cases, native vegetation removal is exempt from requiring a planning permit. Some activities that you may be able to do without a planning permit include:

• removing native vegetation to build a boundary fence or maintain an existing fence on your land
• collecting fallen timber or removing small trees less than 40cm diameter at breast height for personal use, e.g. for firewood or fencing
• grazing stock
• mowing or slashing grass for maintenance
• lopping and pruning native vegetation for maintenance
• removing regrowth that is less than 10 years’ old
• removing planted native vegetation
• removing native vegetation that poses an immediate risk to life or property
• removing native vegetation around a dwelling for bushfire protection

There are extra exemptions that apply to land in the Farming and Rural Activity Zones. These exemptions mean you can remove limited amount of native vegetation without a planning permit to:

• maintain existing agricultural buildings and works
• construct new agricultural buildings and works
• construct a new single dwelling

To check if there is an exemption from requiring a permit for the native vegetation you want to remove see the full table of exemptions at Clause 52.17-7 and Clause 52.16-8 of the planning schemes https://www.planning.vic.gov.au/

To rely on exemptions from needing a permit to remove native vegetation:

1. Make sure the removal is eligible for the exemption, and that you can meet all the exemption conditions. These might include limits on how much native vegetation you can remove over a period of time.
2. Check if there are any other planning permit requirements that apply to the activity or development for which you want to remove native vegetation (e.g. an environmental overlay).
3. Make sure you only remove the minimum amount of native vegetation necessary.
4. If you are removing native vegetation on someone else’s property or on public land, obtain the consent of the landowner or manager before you start the removal.

Your local council can assist with all of the above steps. Before undertaking any native vegetation removal that is exempt from a planning permit take photographs and keep records of correspondence from the council confirming that it is exempt.