42.

02 VEGETATION PROTECTION OVERLAY

12/12/2017
VC138
Shown on the planning scheme map as VPO with a number.

Purpose

To implement the State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning policies.
To protect areas of significant vegetation.
To ensure that development minimises loss of vegetation.
To preserve existing trees and other vegetation.
To recognise vegetation protection areas as locations of special significance, natural
beauty, interest and importance.
To maintain and enhance habitat and habitat corridors for indigenous fauna.
To encourage the regeneration of native vegetation.

42.02-1 Vegetation significance and objective

19/01/2006
VC37
A schedule to this overlay must contain:
▪ A statement of the nature and significance of the vegetation to be protected.
▪ The vegetation protection objective to be achieved.

42.02-2 Permit requirement

15/09/2008
VC49
A permit is required to remove, destroy or lop any vegetation specified in a schedule to this
overlay.
This does not apply:
▪ If the table to Clause 42.02-3 specifically states that a permit is not required.
▪ To the removal, destruction or lopping of native vegetation in accordance with a
native vegetation precinct plan specified in the schedule to Clause 52.16.

42.02-3 Table of exemptions

12/12/2017
VC138
The requirement to obtain a permit does not apply to:

Emergency works Vegetation that is to be removed, destroyed or lopped:

▪ in an emergency by, or on behalf of, a public authority or
municipal council to create an emergency access or to enable
emergency works; or
▪ where it 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.

VEGETATION PROTECTION OVERLAY PAGE 1 OF 5

 The requirement to obtain a permit does not apply to:

Fire protection Vegetation that is to be removed, destroyed or lopped to the

minimum extent necessary to enable the carrying out of any of the
following fire protection activities:
▪ fire fighting;
▪ planned burning;
▪ making or maintenance of a fuelbreak or fire fighting 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);
▪ is ground fuel within 30 metres of a building and is vegetation
other than native vegetation;
▪ 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 vegetation clear of, or minimising 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 52.48.

Geothermal Vegetation that is to be removed, destroyed or lopped to the

energy minimum extent necessary in accordance with an operation plan
exploration and approved under the Geothermal Energy Resources Act 2005.
extraction
Greenhouse gas Vegetation that is to be removed, destroyed or lopped to the
sequestration minimum extent necessary in accordance with an operation plan
and exploration approved under the Greenhouse Gas Geological Sequestration
Act 2008.
Land management Vegetation that is to be removed, destroyed or lopped to the
and directions minimum extent necessary to comply with a land management
notice notice or directions notice served under the Catchment and Land
Protection Act 1994.
Land use Vegetation that is to be removed, destroyed or lopped to the
conditions minimum extent necessary to comply with a land use condition
served under the Catchment and Land Protection Act 1994.

VEGETATION PROTECTION OVERLAY PAGE 2 OF 5

 The requirement to obtain a permit does not apply to:

Mineral Vegetation that is to be removed, destroyed or lopped to the

exploration and minimum extent necessary by the holder of an exploration, mining,
extraction prospecting, or retention licence issued under the Mineral
Resources (Sustainable Development) Act 1990:
▪ that is low impact exploration within the meaning of Schedule
4A of the Mineral Resources (Sustainable Development) Act
1990; or
▪ in accordance with a work plan approved under Part 3 of the
Mineral Resources (Sustainable Development) Act 1990.
Note: Schedule 4A of the Mineral Resources (Sustainable Development) Act
1990 specifies limits on the extent of native vegetation that may be removed as
part of low impact exploration.

Noxious weeds Vegetation that is a noxious weed subject of a declaration under

section 58 or section 58A of the Catchment and Land Protection
Act 1994. This exemption does not apply to Australian Dodder
(Cuscuta australis).
Pest animal Vegetation that is to be removed, destroyed or lopped to the
burrows minimum extent necessary to enable the removal of pest animal
burrows.
In the case of native vegetation the written agreement of an officer
of the department responsible for administering the Flora and
Fauna Guarantee Act 1988 is required before the vegetation can
be removed, destroyed or lopped.
Planted vegetation Vegetation that is to be removed, destroyed or lopped that was
either planted or grown as a result of direct seeding for Crop
raising or Extensive animal husbandry.
Railways Vegetation that is to be removed, destroyed or lopped to the
minimum extent necessary to maintain the safe and efficient
function of an existing railway, or railway access road, 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).
Regrowth Vegetation that is to be removed, destroyed or lopped that has
naturally established or regenerated on land lawfully cleared of
naturally established vegetation, and is:
▪ bracken (Pteridium esculentum); or
▪ within the boundary of a timber production plantation, as
indicated on a Plantation Development Notice or other
documented record, and has established after the plantation.
This exemption does not apply to land on which vegetation has
been destroyed or otherwise damaged as a result of flood, fire or
other natural disaster.
Road safety Vegetation that is to be removed, destroyed or lopped to the
minimum extent necessary by and on behalf of a public authority
or munciple council to maintain the safe and efficient function of
an existing public road 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).

VEGETATION PROTECTION OVERLAY PAGE 3 OF 5

 The requirement to obtain a permit does not apply to:

Stone exploration Vegetation is to be removed, destroyed or lopped to the minimum

extent necessary to enable the carrying out of Stone exploration.
The maximum extent of vegetation removed, destroyed or lopped
under this exemption on contiguous land in the same ownership in
a five year period must not exceed any of the following:
▪ 1 hectare of vegetation which does not include a tree.
▪ 15 trees with a trunk diameter of less than 40 centimetres at a
height of 1.3 metres above ground level.
▪ 5 trees with a trunk diameter of 40 centimetres or more at a
height of 1.3 metres above ground level.
This exemption does not apply to costeaning and bulk sampling
activities.
Stone extraction Vegetation that is to be removed, destroyed or lopped to the
minimum extent necessary to enable the carrying out of Stone
extraction in accordance with a work plan approved under the
Mineral Resources (Sustainable Development) Act 1990 and
authorised by a work authority granted under that Act.
Surveying Vegetation that is to be removed, destroyed or lopped to the
minimum extent necessary by, or on behalf of, a licenced surveyor
(within the meaning of section 3 of the Surveying Act 2004) using
hand-held tools to establish a sightlines for the measurement of
land.
Traditional owners Vegetation that is to be removed, destroyed or lopped by a person
acting under, and in accordance with:
▪ a natural resources agreement under Part 6 of the Traditional
Owners Settlement Act 2010; or
▪ an authorisation order made under sections 82 or 84 of the
Traditional Owner Settlement Act 2010 as those sections were
in force immediately before the commencement of section 24
of the Traditional owners Settlement Amendment Act in 2016
(1 May 2017).

42.02-4 Decision guidelines

18/11/2011
VC83
Before deciding on an application, in addition to the decision guidelines in Clause 65, the
responsible authority must consider, as appropriate:
▪ The State Planning Policy Framework and the Local Planning Policy
Framework, including the Municipal Strategic Statement and local planning
policies.
▪ The statement of the nature and significance of the vegetation to be protected
and the vegetation protection objective contained in a schedule to this overlay.
▪ The effect of the proposed use, building, works or subdivision on the nature and
type of vegetation to be protected.
▪ The role of native vegetation in conserving flora and fauna.
▪ The need to retain native or other vegetation if it is rare, supports rare species of
flora or fauna or forms part of a wildlife corridor.
▪ The need to retain vegetation which prevents or limits adverse effects on ground
water recharge.
▪ The need to retain vegetation:
 Where ground slopes exceed 20 percent.

VEGETATION PROTECTION OVERLAY PAGE 4 OF 5

  Within 30 metres of a waterway or wetland.
 On land where the soil or subsoil may become unstable if cleared.
 On land subject to or which may contribute to soil erosion, slippage or
salinisation.
 In areas where the removal, destruction or lopping of vegetation could
adversely affect the integrity or long term preservation of an identified
site of scientific, nature conservation or cultural significance.
 Which is of heritage or cultural significance.
▪ The need to remove, destroy or lop vegetation to create a defendable space to
reduce the risk of bushfire to life and property.
▪ Any relevant permit to remove, destroy or lop vegetation in accordance with a
land management plan or works program.
▪ Whether the application includes a land management plan or works program.
▪ Whether provision is made or is to be made to establish and maintain vegetation
elsewhere on the land.
▪ Any other matters specified in a schedule to this overlay.
Notes: Refer to the State Planning Policy Framework and the Local Planning Policy Framework, including
the Municipal Strategic Statement, for strategies and policies which may affect the use and
development of the land.

Check the requirements of the zone which applies to the land.

Other requirements may also apply. These can be found at Particular Provisions.

VEGETATION PROTECTION OVERLAY PAGE 5 OF 5