Can I clear native vegetation to maintain infrastructure?
You can clear vegetation incidental to the repair or maintenance of infrastructure, or to the repair or maintenance of work of the Crown.
In the Native Vegetation Regulations 2017, infrastructure is defined as:
- flood mitigation work
- shipping channel
- public reservoir
- the infrastructure, equipment, structures, works and other facilities used in or in connection with the supply of water or electricity, gas or other forms of energy, the provision of telecommunications, or the drainage, removal or treatment of waste water or sewage
- roads and their supporting structures or works
- ports, wharfs, jetties, railways, trams and busways.
What can I clear?
Clearance can occur in the vicinity of that which was previously lawfully cleared in relation to the construction, repair or maintenance of the infrastructure.
Clearance must only be of plants or parts of plants that have grown or regrown since the previous lawful clearance, and/or it must be undertaken in accordance with a Native Vegetation Council-approved Standard Operating Procedure.
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.
What do I have to do?
Self-assess that your clearing is within the parameters of this activity.
Consider if there are other practical alternatives to clearing.
Obtain the written permission of the landowner if you are acting on behalf of the landowner.
What if I want to clear vegetation to construct or expand infrastructure?
To clear vegetation to construct or expand infrastructure, you must apply to clear.
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.