Native Vegetation

The Development Regulations, 2008 (Schedule 8) prescribe when referrals to the Country Fire Service are required as part of the development assessment process.

Should the response from the CFS require clearance of greater than 20 metres around a dwelling, it is important to liaise with the Native Vegetation Council as their consent is required for clearance beyond the exemptions. The NVC and CFS comments should both be gained before finalising the application.

Guidelines were updated in early 2010 in relation to the removal of significant trees and native vegetation beyond the exempted 20 m area. Refer to the following information on the CFS web site for more information:
Some frequently asked questions and answers include:
  1. Is a native vegetation clearance approval required for the removal of large individual native trees?
Yes
  1. Would this apply to individual native trees governed by the significant tree provisions of the Development Act, 1993 (i.e. if you receive an application for removal of a significant tree, should such applications be referred to the NVC for comment?
Yes, provided that the significant tree was in fact native vegetation as defined by the Native Vegetation Act. Should the significant tree be an introduced plant or a planted native tree the Native Vegetation Act would not apply.
  1. Is native vegetation approval required for clearing bushland allotments in the Country Township, Country Living or Public Purpose type zones?
Yes, the Native Vegetation Act applies regardless of the zoning, however there is sometimes a greater degree of leniency for larger trees in some zoning situations.
Environment, Protection and Biodiversity Conservation Act 1999 (Commonwealth)
The Environment, Protection and Biodiversity Conservation Act, 1999 is legislation that seeks to protect and manage nationally and internationally important flora, fauna, ecological communities and heritage places. It provides an additional layer of referral and assessment for the conventional development assessment process in some circumstances.
The following link provides more information about the Act and its operation: