Around an existing building or dwelling
Can I clear native vegetation near a building?
You can clear vegetation within 10 metres of a building for the purpose of maintaining the building.
Building means a dwelling or structure that is permanently fixed to land so that it cannot be moved without dismantling or destroying it. This includes a house, farm building, an office, shop, warehouse, farm shed, garage, shearing shed, animal shelter, grain store or garden shed.
What can I clear?
You can remove overhanging limbs or whole trees if absolutely necessary.
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.
What do I have to do?
You must:
- self-assess that your clearing is within the parameters of this activity by reading about Regulation 8(1) in our guide to the Native Vegetation Regulations 2017
- consider if there are other practical alternatives to clearing
- obtain the written permission of the landowner if you are acting on behalf of the landowner.
What if I want to clear further than 10 metres from my building?
- Clearance within 20 metres of a dwelling is allowed for fire protection – refer to information about fire prevention around dwellings and fence lines
- Clearance may also be allowed for the safety of persons or property.
Exclusions
You are not permitted to clear under this activity if you are:
- clearing vegetation to maintain a building or structure that contravenes the Planning, Development and Infrastructure Act 2016
- clearing vegetation located within the River Murray Floodplain Area (defined in the River Murray Regulations 2017) unless it is limited to removing the limb of a plant that is overhanging a building – refer to the River Murray Regulations 2017
- clearing in connection with residential subdivision.
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.
