Native vegetation in Victoria is protected by law unless an exemption applies or approval for removal of the vegetation (such as a planning permit) has been obtained. If in doubt, seek professional advice.
East Gippsland Shire Council plays a key role in ensuring that the flora that makes our shire special is protected. Vegetation removal is controlled across the shire. So, before you remove, destroy or lop vegetation, check if there are planning controls on the property.
To determine if you need a planning permit, visit mapshare.vic.gov.au/vicplan and enter your site address.
Is the property in a bushfire-prone area?
On properties sited in a designated bushfire-prone area (BPA), or in a bushfire management overlay (BMO), trees within 10m of a building used for accommodation and constructed before September 2009 may be removed without permit. Vegetation that is not a tree and is sited within 30m (BPA) or 50m (BMO) of this type of building may also be removed without a permit.
General Exemptions
General exemptions from requiring a permit for removing, lopping or destroying native vegetation apply for:
- A tree that is dead and less than 40cm in diameter at 1.3m.
- Personal use of an owner or lawful occupier of land, where the tree is less than 40cm diameter at 1.3m height and is on a property larger than 10ha.
- The removal of the minimum extent necessary for installation or maintenance of a boundary fence to a maximum total width of 4m.
- Lopping or pruning where less than one third of the canopy is removed.
- Properties that measure less than 0.4ha.
- Areas of vegetation that are less than 10 years old and less than 2m tall.
If one of these exemptions apply, and there are no applicable overlays, no permit is required.
If there are overlays, the proposed works must also meet exemption regulations defined by that overlay to proceed without permit.
Vegetation Protection Overlay
Your property may have a Vegetation Protection Overlay (VPO) on it, which applies to both native and exotic vegetation.
Proposed works on VPO properties must also meet the requirements for a general exemption. Permit exemptions apply for the removal, lopping or destruction of vegetation in a VPO, if the vegetation is:
- Dead.
- Less than 10 years old or 2m tall (does not apply in VPO1, VPO5, VPO6 and VPO7).
- To be removed to the minimum extent necessary for the maintenance of a boundary fence to a maximum width of 4m.
- Deemed unsafe and documented in a written report by a qualified arborist and to the satisfaction of Council, or to the satisfaction of Council.
Erosion Management Overlay
Your property may have an Erosion Management Overlay (EMO) on it, which applies to both native and exotic vegetation.
Proposed works on an EMO property must also meet general exemption requirements.
Permit exemptions apply for the removal, lopping or destruction of vegetation in an EMO, if the vegetation is:
- To be removed to the minimum extent necessary for the maintenance of a boundary fence to a maximum of 4m.
- To be lopped or pruned where less than one-third of the canopy is removed.
- For reasonable amounts for personal use.
- On residential property less than 0.4ha with a slope of less than 20 degrees.
Environmental Significance Overlay
There are various Environmental Significance Overlays (ESOs) in East Gippsland, with different exemptions applicable.
If your property has an ESO it is recommended to seek further advice from a town planner regarding permit requirements to lop, remove or destroy vegetation.
Council-owned land or a road reserve
No vegetation is allowed to be removed on Council-owned land or a road reserve without Council approval.
Further information on exemptions
This is not intended to be an exhaustive list of exemptions from obtaining a permit to remove, lop or destroy vegetation. It is the responsibility
of the landowner to obtain permits where required.
Our shire covers 10% of Victoria, so we rely on everyone in our community to help us maintain our roadsides, keep them safe, and protect our flora and fauna.
If you spot a plant pest, disease or weed outbreak, illegal dumping or more, contact us on 5153 9500.