Residential subdivision
If you want to clear native vegetation for a residential subdivision, the requirements that must be met are outlined under Schedule 1, Regulation 12, Clause 35 of theNative Vegetation Regulations 2017.
Application form to clear native vegetation for a residential subdivision.
Can I clear native vegetation for a residential subdivision?
Generally, you can clear vegetation for house sites, roads and other infrastructure for a residential subdivision if you have approval from the Native Vegetation Council.
How do I get approval from the Native Vegetation Council?
Submit an online application to clear native vegetation.
For clearance ranked as level 1 (associated with a development application), 2, 3 or 4 clearance, the Native Vegetation Council requires a report to be prepared by an Accredited Consultant to support your application. Level 1 (not associated with a development application) clearance does not require an applicant to engage an Accredited Consultant because the Native Vegetation Council will assess the likelihood of the presence of threatened species.
For further information, see the Fact Sheet - Residential Subdivision.
What are the different levels of clearance?
Clearance is rated on a scale from Level 1 to Level 4 depending on the risk of the potential impact the clearance has on the environment. The Risk Assessment section of the Guide for Applications to Clear Native Vegetation has more information about the clearance levels.
What do I have to do?
- Make sure you know how residential subdivisionis defined in the Native Vegetation Regulations 2017 and that the reason for your clearance matches this definition.
- Apply the Mitigation Hierarchy. Are there practical alternatives to clearing, including options that involve no clearing, or clearing vegetation that is less significant or more degraded?
- Prepareyour development application and your clearance application simultaneously. An Accredited Consultant must be engaged to undertake the vegetation assessment for clearance applications under the residential subdivision regulation. Your application must discuss how the Mitigation Hierarchy has been addressed and includes all potential impacts to native plants and animals that may occur as a result of the development. Additional impacts may include how the development will impact air, surface water, ground water, off-site plants and animals, resource availability and soil.
- Submit your clearance application and your development application at the same time. Clearance approval can only occur after Development Approval has occurred. Following assessment of your clearance application, you will be sent a document called a Native Vegetation Clearance Decision Notification, which indicates the outcome of the assessment. If clearance is approved, the Decision Notification will include conditions for that approval. You will need to sign this document and agree to the conditions before native vegetation clearance can occur.
- Contact the Native Vegetation Branch if you have questions.
Note:
The following clearance activities do not apply independently when in connection with a residential subdivision. These activities must be declared as clearance at the subdivision stage by providing written notification of the full extent of the clearance expected to occur in association with the residential subdivision, and the SEB offset reflecting this accordingly.
The following activities cannot be used in conjunction with residential subdivisions, only on long standing blocks:
- clearance within 10 m of a building (Regulation 8(1))
- clearance for fences (Regulation 8(14))
- clearance for vehicle tracks (Regulation 8(13))
- clearance for a new dwelling or building (Regulation 12(33)).
Exclusions
You are not permitted to clear for this activity if you are 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.
