Can I clear native vegetation for the safety of people and property?
You can clear to allow reasonable clearance of large trees (or limbs) for the purpose of removing risk to the safety of people or property.
Does this include land under Heritage or Management Agreement?
Yes you can clear for this purpose on Heritage Agreement or Management Agreement land.
Do I need approval?
No you do not need to get approval, but you do need to notify the Native Vegetation Council (NVC). Read on for further information.
What can I clear?
You can clear vegetation that is more than 2 metres in height and posing danger to people or property due to unstable limbs as a result of weakness, disease, wind damage or other causes.
Clearance is limited to removing the limb or other part of the plant causing the safety risk and only to destroying the plant if there is no other option to remove the danger.
What do I have to do?
Self-assess that your clearing is within the parameters of this activity.
Engage a plant health expert to undertake a written assessment report prior to clearing. Plant health expert means a person holding a Certificate V in Horticulture (Arbor-culture) or a comparable or higher qualification.
Submit the assessment report of plant health to the Native Vegetation Council (NVC), unless it is an emergency situation, via email@example.com.
You may clear only if it is not reasonably practicable to avoid the risk by avoiding the vicinity in which the tree or plant is growing or situated.
The complete removal of trees for which the safety concern relates to only part/s of the tree/s is not permitted.
Are you in the River Murray Floodplain Area?
The following regulations may also apply if you live in the River Murray Floodplain Area:
Clearing vegetation within 10 metres of an existing building; there are restrictions to clearance of limbs in the River Murray Floodplain Area – refer to information about clearing vegetation around an existing building or dwelling.
Clearing large trees within 20 metres of a dwelling; there are no restrictions in the River Murray Floodplain Area but CFS approval is required – refer to information about fire hazard reduction.
Clearing whole trees is permitted in the River Murray Floodplain Area subject to an arborist report being approved by the NVC.
You are not permitted to clear under this activity if you are clearing vegetation on public land including on a roadside, rail corridor or railway crossing.
What if my activity doesn't fit this description?
If your proposed clearance does not meet the requirements of this regulation, or another regulation, you can submit a clearance application under Section 28 of the Native Vegetation Act 1991.
Native Vegetation Branch.