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.
Exemptions from requiring a planning permit to remove native vegetation - Guidance (PDF, 873.3 KB)
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.
Rail Authorities
Native vegetation removal exemptions are available which allow rail agencies to undertake some bushfire risk reduction activities without requiring a permit from the responsible authority. The document below describes those exemptions.
Exemptions enabling railside bushfire risk reduction activities
Road Authorities
Native vegetation removal exemptions are available which allow road authorities to undertake some bushfire risk reduction activities without requiring a permit from the responsible authority. The document below describes those exemptions.
Exemptions enabling roadside bushfire risk reduction activities
Further detail regarding the Fire Protection Exemption for Road Managers is provided below:
Fire protection (roadside fuel reduction) exemption
Clause 52.17-7 of the Victoria Planning Provisions provides an exemption which enables public road managers to remove native vegetation along roadsides to reduce the threat of bushfire, without the requirement for a planning permit. The exemption is subject to written agreement from the Secretary to DEECA to ensure that biodiversity values have been considered in the development of a work plan.
The following guidance and application template will assist road managers prepare an application for secretarial written agreement.
- Fire protection (roadside fuel reduction) exemption – Application guidance March 2023
- Fire protection (roadside fuel reduction) exemption – Application template to rely on exemption
Road managers may want to use the following information prepared by Terramatrix Pty to assist in undertaking the risk assessment process as described in the Fire protection (roadside fuel reduction) exemption – Application guidance March 2023
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 DEECA to remove native vegetation for the construction or maintenance of a boundary fence for wild dog management.
Remove native vegetation along a boundary fence for wild dog management facts sheet (PDF, 99.6 KB)
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 DEECA office.
Application form
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 DEECA is the public land manager.
Remove vegetation along a boundary fence for wild dog management - application form
(PDF, 113.9 KB)
Public authorities and municipal councils have obligations to maintain the safe and efficient function of an existing road. This may require native vegetation removal to:
- maintain roads and road related infrastructure,
- complete safety and minor construction works along existing roads.
The purpose of the Road safety exemption is to enable public authorities and municipal councils to maintain the safe and efficient function of an existing road without needing to obtain a planning permit to remove, destroy or lop native vegetation.
To rely on the Road safety exemption, a public authorities or municipal councils must have written agreement from the Secretary to DEECA. The Secretary’s written agreement requires public authorities and municipal councils to comply with the Procedure to rely on the road safety exemption in planning schemes (DELWP 2018).
Procedure to rely on the road safety exemption in planning schemes (PDF, 525.4 KB)
The procedure sets out requirements that public authorities and municipal councils must follow when native vegetation is removed, destroyed or lopped for maintenance and some construction activities. Construction requirements include the delivery of offsets to address the no net loss to biodiversity objective of the native vegetation removal regulations.
The document below lists the public authorities or municipal councils with written agreement to access the Road safety exemption. Victorian public authorities or municipal councils can request the Secretary to DEECA’s written agreement by writing to nativevegetation.support@deeca.vic.gov.au
Public authorities and municipal councils with written agreement to access the Road safety exemption
The procedure includes special provisions for road safety programs that have either been referenced in the document or subsequently recognised by the Secretary to DEECA. The document below lists the recognised road safety projects.
Recognised road safety projects (PDF, 140.7 KB)
The following guidance note defines the extent of past and concurrent removal which must be taken into account when evaluating the cumulative impact on species habitat resulting from the removal of native vegetation under the Road safety exemption.
Written agreement exemptions (transport) – Cumulative impact criteria
Rail managers have obligations to maintain the safe and efficient function of an existing railway or railway access road. This may require native vegetation removal to:
- maintain railways and railway access tracks
- complete minor construction works associated with rail infrastructure.
The purpose of the Railways exemption is to enable rail managers to maintain the safe and efficient function of an existing railway or railway access road without needing to obtain a planning permit to remove, destroy or lop native vegetation.
To rely on the Railways exemption, a rail manager must have written agreement from the Secretary to DEECA. The Secretary’s written agreement requires rail managers to comply with the Procedure to rely on the railways exemption in planning schemes (DELWP 2018).
Procedure to rely on the railways exemption in the planning schemes (PDF, 461.8 KB)
This document sets out requirements that rail managers must follow when native vegetation is removed, destroyed or lopped for maintenance and some construction activities. Construction requirements include the delivery of offsets to address the no net loss to biodiversity objective of the native vegetation removal regulations.
Rail managers with written agreement to access the Railways exemption (PDF, 171.2 KB)
This document lists the rail managers with written agreement to access the the Railways exemption.
Victorian rail managers can request the Secretary to DEECA’s written agreement by writing to nativevegetation.support@delwp.vic.gov.au
The following guidance note defines the extent of past and concurrent removal which must be taken into account when evaluating the cumulative impact on species habitat resulting from the removal of native vegetation under the Railways exemption.
Written agreement exemptions (transport) – Cumulative impact criteria
The purpose of this exemption is to remove the need for a permit for the removal of native vegetation for the maintenance or construction of minor utilities and utility installations. These are defined in Clause 73.03 Land Use Terms of all Victorian planning schemes.
The first part of this exemption allows for the maintenance of existing minor utility installation to the minimum extent necessary without needing a planning permit. However, to rely on the second part of this exemption for the maintenance and construction of utility installations, utility service providers must have the written agreement of the Secretary to DEECA. The Secretary’s written agreement will require compliance with a process that will ensure a no net loss to biodiversity. This process implements the Guidelines for the removal, destruction or lopping of native vegetation.
Electricity utilities
To rely on this exemption, electricity distributors must obtain written agreement from the Secretary to DEECA and comply with the Procedure to rely on the utility installations exemption in planning schemes – Electricity distributors
This procedure sets out mandatory requirements electricity distributors must comply with. This implements the native vegetation removal regulation’s objective of no net loss to biodiversity.
Electricity distributors operating with the written agreement of the DEECA Secretary are:
Electricity distributors can request the written agreement from the Secretary to DEECA by writing to nativevegetation.support@delwp.vic.gov.au.
Sewerage and water utilities
To rely on this exemption water service providers must obtain written agreement from the Secretary to DEECA and comply with the Procedure to rely on the utility installations exemption in planning schemes – Water service providers.
This procedure sets out the mandatory requirements water service providers must comply with. This implements the native vegetation removal regulation’s objective of no net loss to biodiversity.
Water service providers operating with the written agreement of the DEECA Secretary are:
Water service providers can request written agreement from the Secretary to DEECA by writing to Nativevegetation.support@delwp.vic.gov.au
DEECA and Parks Victoria have obligations to manage Crown land and may have to remove native vegetation to:
- conserve and protect Victoria’s biodiversity
- reduce the threat of bushfire to communities.
The purpose of the Crown land exemption is to enable DEECA and Parks Victoria to manage Crown land without needing to obtain a planning permit to remove, destroy or lop native vegetation.
To rely on the Crown land exemption, DEECA and Parks Victoria must comply with the Secretary approved Procedure for the removal, destruction or lopping of native vegetation on Crown land – For use by DELWP and PV (May 2018).
Procedure for the removal, destruction or lopping of native vegetation on Crown land (PDF, 1.3 MB)
This document sets out procedures for native vegetation removal and counterbalancing activity to address the no net loss to biodiversity objective of the native vegetation removal regulations.
Annual reports
Crown land exemption - Removal and counterbalance activities 2019/20
Forest Fire Management statement on 2019-2021 firefighting activities
Crown land exemption - Removal and counterbalance activities 2020/21
Crown land exemption - Removal and counterbalance activities 2021/22
Crown land exemption - Removal and counterbalance activities 2022/23
The Conservation work exemption allows for the removal of native vegetation for the purpose of achieving conservation outcomes without the requirement to obtain a planning permit or secure native vegetation offsets. Works relying on the Conservation work exemption must demonstrate that associated losses to biodiversity from the removal of native vegetation are outweighed by the expected gains or improvements to biodiversity.
The following guidance note details the information needed to apply for access to the Conservation work exemption.
Conservation work exemption - Application guidance (June 2021)
A template has been provided to assist property owners or managers wanting to undertake improvements to biodiversity values on a small scale within properties they own or manage.
Template for small-scale conservation work exemption applications (June 2021)
Traditional owners are able to rely on any of the exemptions within Clause 52.16 or Clause 52.17 provided the proposed activity proposing to remove native vegetation is in accordance with the description of the exemption. The following guidance document provides further information for Traditional owners who are relying on the Conservation work exemption, Crown land exemption, and Traditional owners exemption.
If you would like an accessible version of any published document, please contact nativevegetation.support@delwp.vic.gov.au
Page last updated: 18/11/24