Do the regulated regrowth vegetation laws affect your property?

Follow the steps below to determine if the regrowth vegetation laws affect your property and your proposed clearing activities.

1. Is your property freehold, Indigenous or leasehold land used for agriculture and grazing?

Yes, go to step 2.

No, your property is not affected by the regulated regrowth vegetation laws.

2. Is there regulated regrowth vegetation on your property?

Regulated regrowth vegetation is identified on the regrowth vegetation map or it can also be shown as a category C (previously called category 4) area on a property map of assessable vegetation (PMAV).

Yes, my property is identified on the map as having regulated regrowth or category C on a PMAV—go to step 3.

No, my property does not contain regulated regrowth or a category C area on a PMAV—your property is not affected by the regulated regrowth vegetation laws.

3. Is the area you want to clear shown as a category X area on a PMAV?

Yes, the area I want to clear is shown as category X on a PMAV where I want to clear—the proposed clearing is exempt for category X areas and the vegetation management laws do not apply.

No, the area I want to clear is not in a category X area on a PMAV—go to step 4.

4. Are you proposing to clear in a way that would destroy a native tree or shrub?

Clearing under the vegetation management framework is destroying a tree by:

removing
cutting down
ringbarking
pushing over
poisoning
burning, flooding or draining
using a tractor to break down parts (causing it to die).

Clearing does not include lopping branches (providing it does not kill the tree) or removing the crown of the tree. If your current clearing options do not include destroying a native tree or shrub, they can continue to be carried out in any regulated regrowth vegetation.

Yes, my proposed clearing may destroy a tree—go to step 5.

No, what I propose is not classified as clearing—you are not affected by the new regrowth vegetation laws.

5. Is your proposed regrowth clearing exempt?

Clearing for things such as fire management and fence lines no wider than 10 metres and infrastructure like yards and buildings less than two hectares is exempt from the regrowth vegetation laws.

Burning vegetation to reduce hazardous fuel loads is also exempt.

Refer to the Guide to exemptions under the vegetation management framework (PDF, 148K)* to find out if your clearing qualifies for an exemption.

Yes, my proposed clearing is listed as an exemption—the clearing can be carried out within the regulated regrowth vegetation.

No, my proposed clearing is not listed as an exemption—go to step 6.

6. Can clearing occur under the regrowth vegetation code?

Any clearing that is not listed as an exemption must be carried out in accordance with the regrowth vegetation code (PDF, 351K)*. Landholders don’t need to apply for a permit to clear regrowth vegetation under the code—they only need to notify the department by submitting the notification form (PDF, 128K)* and follow the requirements set out in the code.

Under the code, clearing can occur in most areas of 'of concern' and most areas of 'least concern' regional ecosystems on freehold land. It can also occur in most areas of 'least concern' regional ecosystems on leasehold land for agricultural and grazing purposes.

However, the code protects habitat for threatened species, vegetation near creeks and wetlands and on steep slopes. The code also protects native vegetation up to 50 metres from regrowth watercourses.

Clearing can occur for purposes including infrastructure, weed control, thinning and encroachment if carried out in accordance with the requirements in the code.

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Last updated 14 September 2011