Dam: repair or maintain an existing dam
If you want to clear native vegetation to repair or maintain an existing dam, the requirements that must be met are outlined under Schedule 1, Regulation 8, Clause 3 of the Native Vegetation Regulations 2017.
Can I clear native vegetation near a dam?
You can clear vegetation so that you can repair or maintain an existing dam’s structure and integrity. This includes removing regrowth that may compromise the structure of the dam wall and to remove built-up sediment.
What can I clear?
You can only clear plants or parts of plants that have grown or regrown since the vegetation was previously and lawfully cleared to construct, repair or maintain the dam.
Does this include land under Heritage or Management Agreement?
No, you cannot 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
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?
Obtain the written permission of the landowner if you are acting on behalf of the landowner.
What if I want to clear vegetation for a new dam or to expand a dam in a pastoral area?
To clear vegetation to establish a new dam or expanding an existing dam, you must apply to clear. This is only possible in pastoral areas of the state.
What if I want to clear vegetation for a new dam in an agricultural area?
A clearance application under the Native Vegetation Act 1991 will be required.
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.
