Clearing trees and vegetation - bushfire exemptions
There are certain exemptions that allow you to clear vegetation around your property to protect a house against bushfire without the need for a planning permit. These exemptions are included in Clause 52.12 of the Nillumbik Planning Scheme.
Note: The exemption may not apply if your title lists covenants or Section 173 agreements that protect vegetation and require Council approval.
It is important to be sure that the exemptions apply before you clear any vegetation.
For clarification contact Council's Planning Services team on 9433 3343.
Bushfire prone land – 10/30 exemption
Most of Nillumbik is a Bushfire Prone Area. Some urban areas of Eltham, Diamond Creek and Greensborough are not mapped as bushfire prone.
If your land is bushfire prone you can remove vegetation to defend a house (or building used for accommodation) that existed or was approved before 10 September 2009 without first getting a planning permit.
This exemption allows you to:
- remove trees for up to 10 metres around that building
- clear any vegetation except trees for up to 30 metres from that building.
It only applies to vegetation on your own land.
Land subject to the BMO – 10/50 exemption
If there is a Bushfire Management Overlay on your property you can remove vegetation to defend a house (or building used for accommodation) that existed or was approved before 10 September 2009 without first getting a planning permit.
This exemption allows you to:
- remove trees for up to 10 metres around that building
- clear any vegetation except trees for up to 50 metres from that building.
It only applies to vegetation on your own land.
Other exemptions may apply
Also bushfire exemptions to remove vegetation may apply.
You may be able to:
- remove trees near existing fences on property boundaries that were constructed before 10 September 2009
- construct private bushfire shelters
- create defendable space for new dwellings in some zones.
To talk to us about bushfire exemptions that apply to your property, contact Council's Planning Services team on 9433 3343.
Check if your property is bushfire prone
To find out if your property is on bushfire prone land or in a BMO enter your property address into VicPlan.
More information