Native vegetation

Planting Natives

Growing plants native to the local area offers many advantages to you and the local environment.  Indigenous plants:

  • are adapted to the local climate and conditions
  • often have minimal water requirements
  • support local wildlife by providing food and habitat
  • preserve the biodiversity of the region for future generations
  • can be used to extend the beauty of the local surroundings into home gardens

Council has developed an Indigenous Planting Guide(PDF, 2MB) to provide residents with lists of plants that are indigenous to local areas across the Shire.

There are several local nurseries that specialize in indigenous plants.  When purchasing indigenous plants it is important that you buy plants that have a provenance as close as possible to your local area.  A 'local provenance' means that the plant is grown from seed collected locally.  Indigenous plants with a local provenance are best adapted to the local climate and conditions.  Maintaining local provenance also ensures that the genetic diversity of indigenous vegetation is protected.

Planting Native Vegetation on Roadsides

Planting native vegetation can produce numerous positive outcomes, from providing habitat for wildlife to creating buffers from wind and weather.

Prior approval is required from Council to plant vegetation on a Council managed roadside. This is to ensure that the project is well planned, that the most appropriate species have been selected and that planting will not impact on traffic sight lines or other council maintenance activities.

If you're interested in planting on a roadside please complete this form and a council officer will contact you.

Planting Native Vegetation on Roadsides application(PDF, 291KB)

Native Vegetation Removal Permits

All native vegetation is protected by State and Federal legislation, whether it be a grass, wildflower, orchid, shrub or tree. 

A planning permit is required to remove, destroy or lop native vegetation, including dead native vegetation unless it meets one of the exemptions specified in the Corangamite Shire Planning Scheme the particular provision being Clause 52.17 NATIVE VEGETATION(PDF, 248KB).

This guide from DELWP, Guidelines for the removal, destruction or lopping of native vegetation(PDF, 2MB), provides information to assist in understanding the Planning Scheme clause on Native Vegetation.

You should always check with Council to determine if you need a permit before removing or lopping any native vegetation.

Native Vegetation Removal Guide

When it comes to Native Vegetation (NV) removal, there are a lot of guidelines and regulations in place. We understand it can often be confusing and complicated when trying to interpret how the regulations pertain to your specific circumstance. Below are a list of some FAQs we get in relation to Native Vegetation removal, as well as information around native vegetation and boundary fencelines.

You can always contact to us for advice and a member of our Environment and Emergency team can inspect your property to help identify if a permit is required. 

planning permit is required to remove, destroy or lop native vegetation, including dead native vegetation unless it meets one of the exemptions specified in the Corangamite Shire Planning Scheme the particular provision being Clause 52.17 NATIVE VEGETATION(PDF, 248KB).

Frequently Asked Questions

Does my property have an environmental overlay?

Go to VicPlan and search for your property by entering your address. It’s free and it shows if you have an overlay.

I want to clear some native vegetation but my property has an environmental overlay?

You must contact Council’s Planning Department to discuss your plans to clear native vegetation before commencing any works. Planning staff will also be able to determine how any planning overlays on your property may affect your proposal to clear native vegetation and any other activities you may be planning.

I want to remove Native vegetation on the property I lease?

Contact the owner for consent, then check if you need a permit or are exempt.

There’s nowhere to build a house on my land so I want to clear native vegetation for a house?

Please contact Council to discuss. You'll need a permit to do this, and you may also need to purchase an offset for removal of native vegetation.

I have other options but I want to remove native vegetation so I can build a house with an ocean view, is that okay?

It is unlikely you will get a permit if there are other options to locate your activities/development that avoids areas of native vegetation, but please submit an application for a permit. Consider changing the design of your activity or development to reduce the amount of native vegetation you’ll need to remove.

Native vegetation should only be removed after all suitable alternatives to avoid removal have been considered and are not possible.

Are Aboriginal scarred trees able to be trimmed or cleared under the new rules?

Aboriginal scarred trees are protected by the Aboriginal Heritage Act 2006 and a cultural heritage permit from the Department of Planning and Community Development is required prior to undertaking any action which may harm a scarred tree. This is the landowner’s responsibility. To learn more and apply for a cultural heritage permit head here: https://www.firstpeoplesrelations.vic.gov.au/

I want to cut some native vegetation for firewood?

You don't need a permit to obtain reasonable amounts of wood on your property for personal use only, which includes for firewood. Any removal of native vegetation for this purpose must be to the minimum extent necessary

'Personal use' means uses such as heating and cooking, building and fence construction on land, and hobbies such as arts and craft.

This exemption does not apply to:

  • contiguous land in one ownership that has an area of less than 10 hectares;
  • the removal, destruction or lopping of native vegetation by means other than cutting or chopping; or
  • a standing native tree (including a dead tree) with a trunk diameter of 40 centimetres or more at a height of 1.3 metres above ground level..

To be exempt from requiring a permit the use must be personal, on your property only and not for any commercial gain.

Can I clear land for fire protection?

You don't need a permit to clear NV to the minimum extent necessary in order to carry out any of the following fire protection activities:

  • fire fighting;
  • planned burning;
  • making or maintenance of a fuelbreak or firefighting access track (or any combination thereof) that does not exceed a combined width of 6 metres; making a strategic fuelbreak up to 40 metres wide by, or on behalf of, a public authority in accordance with a strategic fuelbreak plan approved by the Secretary to the Department of Environment, Land, Water and Planning (as constituted under Part 2 of the Conservation, Forests and Lands Act 1987);
  • in accordance with a fire prevention notice issued under either:
    – Section 65 of the Forests Act 1958; or
    – Section 41 of the Country Fire Authority Act 1958.
  • keeping native vegetation clear of, or minimising the risk of bushfire ignition from, an electric line in accordance with a code of practice prepared under Part 8 of the Electricity Safety Act 1998;
  • minimising the risk to life and property from bushfire on a roadside of a public road managed by the relevant responsible road authority, and carried out by or on behalf of that authority, in accordance with the written agreement of the Secretary to the Department of Environment, Land, Water and Planning (as constituted under Part 2 of the Conservation, Forests and Lands Act 1987). In this exemption, roadside, public road and responsible road authority have the same meanings as in section 3 of the Road Management Act 2004.

Note: Additional permit exemptions for bushfire protection are provided at Clause 52.12.

Can I remove an introduced species like a cypress tree?

Yes, you can cut down any introduced species that is not native vegetation, unless they are heritage listed. You will need to check that it is not within a planning overlay.

You will also need to confirm that the tree is an introduced species before commencing removal. If you are not completely sure the tree you wish to remove is not native vegetation, contact us for advice.

Can I cut down a dead native tree?

Many animals use dead logs and standing dead trees as habitat. Aussie Birds and some species of marsupials need upright, dead trees for nesting. Predatory birds (such as Hawks, Owls, Kites and Eagles) also use dead trees as perching spots to search for prey. These birds are vital in managing pest animals, especially in our agricultural region.

You can only cut down dead native trees that;

  • have a Diameter at Breast Height (DBH) of less than 40cm at 1.3m above ground height or;
  • presents an immediate risk of personal injury or damage to property. Only that part of the vegetation that presents the immediate risk may be removed, destroyed or lopped under this exemption.
What if I remove native vegetation illegally?

>Native vegetation is protected by law under various Federal and State legislation and fines of over $100,000 for illegal clearing are not unusual. Major offenses may also attract significant legal action with fines exceeding 1 million dollars.

You can also be ordered to re-vegetate the illegally cleared land which makes the whole exercise pointless and expensive.

If you are planning to remove any native vegetation please firstly contact Council for advice. Council can advise whether you require a planning permit to remove the native vegetation, or if there are any exemptions that apply.

How can investigators prove offences anyway?

Proving these offences has become much easier; witnesses, anonymous tip-offs, civilian camera footage, high quality internet mapping data and satellite images are just some of the tools available. Authorised officers can also enter private property without a warrant.

     

I want to remove native vegetation to construct or maintain a boundary fence

You don't need a permit IF:

  • You have your neighbours’ consent and
  • you're clearing the minimum extent necessary, in line with fenceline clearing exemptions to maintain or construct a boundary fence between properties in different ownership.

Limits apply for fence line clearing (please see Clause 52.17 NATIVE VEGETATION(PDF, 248KB) of our Planning Scheme, and check for overlays).

The clearing along both sides of the fence when combined must not exceed 4 metres in width, except where land has already been cleared 4 metres or more along one side of the fence, then up to a maximum of 1 metre can be cleared along the other side of the fence.

Vegetation such as branches directly overhanging the boundary fence, must be cleanly lopped using appropriate methods. Heavy machinery such as excavators and any associated mulchers or mulching machinery must not be used for fenceline clearing as they can cause excessive damage to native vegetation.

If you need or plan to clear native vegetation in excess of what is permitted you will need to apply for a permit prior to commencing any works.

Fencline Guide for Native Vegetation removal.jpg

I want to cut down more than a combined 4 metres of vegetation along the boundary fence line.

If you wish to clear more than a combined 4 metres of native vegetation to maintain or construct a boundary fence between properties in different ownership, you will need to apply for a planning permit.

 

One side of the boundary fence line is an open paddock; can I remove native vegetation on the other side as well?

If your side of the fence is clear of native vegetation but your neighbour’s side contains native vegetation, you can only clear up to a maximum of 1 metre on your neighbour’s side of the fence to maintain or construct a boundary fence.

The permitted clearing of up to 1 metre does not include the removal of the main trunk of any native tree or shrub and only to the minimum extent necessary, or up to maximum of 1/3 of the foliage of any plant.

I want to clear on my neighbour’s side of the fence line.

You must have your neighbour’s consent before proceeding, including Council's consent (if it is Public Land). 

All regulations for fenceline clearing as per (PDF, 248KB)Clause 52.17 NATIVE VEGETATION of our Planning Scheme as outlined above apply.

 

I want to cut the branches off road trees that hang over my farm boundary fence?

There is no permit required to cut branches along your boundary fence. However, you can only cut branches that directly overhang the fence and not the entire tree or main trunk of any tree or shrub. You must also ensure you do not lop more than 1/3 of the foliage of any tree or shrub.

Overhanging branches must be cleanly lopped by appropriate machinery. Heavy machinery such as excavators and machinery with mulching attachments must not be used to lop native vegetation, as they can cause excessive damage.

All regulations for fenceline clearing as per (PDF, 248KB)(PDF, 248KB)Clause 52.17 NATIVE VEGETATION of our Planning Scheme as outlined above apply.