Electricity Act and Emergency Management Act
The requirements that must be met for clearing native vegetation under the Electricity Act 1996 are outlined under Schedule 1, Regulation 8, Clause 4 of the Native Vegetation Regulations 2017.
Can an electricity entity clear native vegetation?
Electricity entities (or councils under a vegetation clearance scheme) can clear vegetation associated with vegetation management related to public and private powerlines under the Electricity Act 1996. Clearance must be undertaken in accordance with a Native Vegetation Council-approved Standard Operating Procedure (if one exists) and the Electricity (Principles of Vegetation Clearance) Regulations 2021.
Vegetation can also be cleared under the Emergency Management Act 2004 which provides for the State Coordinator to clear vegetation in relation to a response to major incidents, emergencies or disasters.
Does this include land under Heritage or Management Agreement?
Yes, electricity entities can clear for this purpose on Heritage Agreement or Management Agreement land.
Do electricity entities need approval?
No, electricity entities do not need to get approval for this activity. For clearance beyond what this activity allows, contact the Native Vegetation Branch.
What do electricity entities have to do?
Self-assess that the clearing is within the parameters of this activity.
Apply the Mitigation Hierarchy. Are there practical alternatives to clearing?
Obtain the written permission of the landowner if acting on behalf of the landowner.
Exclusions
If clearance exceeds what is permitted under the Electricity (Principles of Vegetation Clearance) Regulations 2021 and/or the Standard Operating Procedure, refer to information about clearing to establish infrastructure.
What if my activity doesn't fit this description?
If the 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.
