Fences: maintain existing or establish a new fence
If you want to clear native vegetation to maintain an existing fence or establish a new fence, the requirements that must be met are outlined under Schedule 1, Regulation 8, Clause 14 of the Native Vegetation Regulations 2017.
Application form to clear native vegetation for maintaining or establishing fences.
Can I clear native vegetation to access or establish a fence?
You can clear vegetation to allow access to maintain an existing fence or establish a new fence.
What can I clear?
You can clear vegetation for access to maintain or establish a fence provided all criteria are met.
- Clearing is limited to the extent required to obtain access. Note: large trees often do not prevent access and therefore should not be cleared.
- For boundary fences, clearance of up to 5 m on either side (10 m total). For internal fences, the total of both sides must not exceed 5 m. Note: you must obtain permission from the landowner including if it is a government agency.
- Limited to a maximum of 1 m into a road reserve, with local council permission.
- A total maximum of 5 m wide (or less) for a dividing fence on a single property. Note: the clearance may exceed 2.5 m on one side (where necessary) if there is less than 2.5 m clearance on the opposite side so that the total clearance adds to 5 m.
For further information see the Fact Sheet on Fences.
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 us of clearance to establish a new fence.
What do I have to do?
You must:
- self-assess that your clearing is within the parameters of this activity
- apply the Mitigation Hierarchy. Are there practical alternatives to clearing, including positioning a new fence so that it involves no clearing, or clearing vegetation that is less significant or more degraded?
If establishing a new fence you must:
- notify the Native Vegetation Council by filling out the online notification prior to clearing with the following details (a formal record of the notification will be provided to you):
- applicant/landowner information
- property details (Section/Hundred, allotment/plan)
- reason for clearance and how other alternatives for less or no clearance have been considered
- map of clearance area/photographs
- description of vegetation
- written permission of the landowner if you are acting on behalf of the landowner for any clearance activity.
Exclusions
You are not permitted to clear under this activity if you are:
- clearing vegetation for a fence line fuel break
- clearing vegetation in connection with residential subdivision
- clearing vegetation on public land including on a road reserve, rail corridor or rail reserve – refer to the Native Vegetation Council’s Guidelines for the Management of Roadside Vegetation
- clearing vegetation previously established as a condition of a consent for clearance or under regulation (including a condition in respect of clearance permitted under revoked regulations).
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.
