Can I clear native vegetation to maintain existing agriculture, forestry or farming?
Yes, provided that:
- clearance is limited to maintaining the existing use of land that has been consistently used for commercial agricultural, forestry or primary production purposes over the past 10 years, and;
- you have a Management Plan approved by the Native Vegetation Council (NVC)
Note: Clearance is generally limited to burning, slashing or rolling of regrowth vegetation, however please refer to the Guidelines below for further information.
What does this mean?
Clearance must be limited the native vegetation that has regrown within 10 years on land used for commercial agricultural, forestry or primary production purposes.
Clearance cannot cause permanent degradation or loss of the native vegetation i.e. cannot be completely removed, and must be allowed to regrow post the clearance works.
For example, the rolling of regrowth to promote pasture value of the native vegetation.
Does this include land under Heritage or Management Agreement?
No you cannot clear for this purpose on Heritage Agreement or Management Agreement land.
What do I have to do?
What if I want to clear native vegetation regrowth for the maintenance of existing agriculture, forestry or farming?
You can clear native vegetation that has regrown over the past 5 years and was lawfully cleared in the past.
What if I want to clear vegetation for grazing?
You can clear for grazing practices that have not changed in the past 10 years without approval.
You can clear for changed grazing practices, but you need to prepare a Management Plan and seek approval from the NVC.
You are not permitted to clear for this activity if you are clearing in a way that will permanently remove or degrade native vegetation (including residual adverse impacts) – if this is the case you will need to submit a clearance application under the Native Vegetation Act 1991.
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.
Native Vegetation Branch.