Fire and Emergency Services Act
Can I clear native vegetation during a fire or emergency situation?
You can clear vegetation in emergency situations under powers enacted by the Fire and Emergency Services Act 2005 sections 42, 82, 97 or 118.
Clearance can be undertaken associated with fire and emergencies that are necessary to protect the life, health or safety of any person or animal, or protecting property, relevant services or the environment when dealing with a fire, emergency or threat. The action may result in damage to property or the environment, including the removal or destruction of native vegetation.
Does this include land under Heritage or Management Agreement?
Yes you can clear for this purpose on Heritage Agreement or Management Agreement land.
Do I need approval?
No you do not need to get approval from the Native Vegetation Council or the Country Fire Service.
What do I have to do?
Self-assess that your clearing is within the parameters of this activity.
Consider if there are other practical alternatives to clearing, including options that it would involve no clearing of vegetation 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.
Clear vegetation in accordance with any applicable Bushfire Management Plan or another plan for the management of bushfires approved by the Native Vegetation Council – refer to the CFS website for more information on Bushfire Management Plans.
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.
