Around an existing building
An existing building means a dwelling or structure that is permanently fixed to land so that it cannot be moved without dismantling or destroying it. This includes a house, farm building, an office, shop, warehouse, farm shed, garage, shearing shed, animal shelter, grain store or garden shed.
If you want to clear native vegetation, the requirements that must be met for clearance within 10 m of an existing building are outlined under Schedule 1, Regulation 8, Clause 1 of the Native Vegetation Regulations 2017.
Can I clear native vegetation near a building?
You can clear vegetation within 10 m of a building for the purpose of maintaining the building, however this regulation is not permitted within the River Murray Floodplain Area of the River Murray Protection Areas. To confirm if your property is within this area, you can check the River Murray Flood Plain Protection Area overlay on SAPPA or the River Murray Protection Area Zone: Murray Overlay on NatureMaps.
What can I clear?
You can remove overhanging limbs or whole trees if absolutely necessary for maintaining the existing building. The purpose of this regulation is to permit only the minimal vegetation clearance that is reasonably necessary for the maintenance of a building. Vegetation that does not obstruct such maintenance is not permitted to be cleared under this regulation.
If clearance is justified, ensure only the minimum necessary is removed. For example, a mature tree with no branches overhanging the roof and no understorey fuel may not need to be entirely removed.
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 if on your land.
What do I have to do?
- Self-assess that your clearing is within the parameters of this activity by reading about Regulation 8(1) in the Guide to the Native Vegetation Regulations 2017.
- Applythe Mitigation Hierarchy. Are there practical alternatives to clearing, including options that involve no clearing, or clearing vegetation that is less significant or more degraded?
- Obtain the written permission of the landowner if you are acting on behalf of the landowner.
What if I want to clear further than 10 metres from my building?
- Clearance within 20 m of a dwelling is allowed for fire protection – refer to information about fire prevention around dwellings and fence lines
- Clearance may also be allowed for the safety of persons or property.
Exclusions
You are not permitted to clear under this activity if you are:
- clearing vegetation to maintain a building or structure that contravenes the Planning, Development and Infrastructure Act 2016
- clearing vegetation located within the River Murray Floodplain Area (defined in the River Murray Regulations 2017) unless it is limited to removing the limb of a plant that is overhanging a building. Refer to the River Murray Regulations 2017for more information.
- clearing in connection with residential subdivision.
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.
