The “removal, destruction or lopping of trees and the removal of vegetation or topsoil” is defined as ‘works’ under LUPAA and requires planning approval unless the nature of those works are exempt under the relevant planning scheme (see below). Depending on the scale and purpose of vegetation clearance and the type of vegetation, you may require:

1. planning approval from Huon Valley Council under the planning scheme, and / or
2. an approved Forest Practices Plan approval by the Forest Practices Authority.

You may also be exempt from one or both of these approval processes. Vegetation clearance that has been approved under a planning permit for the purposes of constructing a building and associated development will be exempt from the need for a Forest Practices Plan.

The Tasmanian Planning Scheme provides the following list of exemptions under Table 4.4:

1. clearance and conversion of a threatened native vegetation community, or the disturbance of a vegetation community, in accordance with a forest practices plan certified under the Forest Practices Act 1985, unless for the construction of a building or the carrying out of any associated development;
2. harvesting of timber or the clearing of trees, or the clearance and conversion of a threatened native vegetation community, on any land to enable the construction and maintenance of electricity infrastructure in accordance with the Forest Practices Regulations 2017;
3. fire hazard management in accordance with a bushfire hazard management plan approved as part of a use or development;
4. fire hazard reduction required in accordance with the Fire Service Act 1979 or an abatement notice issued under the Local Government Act 1993;
5. fire hazard management works necessary to protect existing assets and ensure public safety in accordance with a plan for fire hazard management endorsed by the Tasmania Fire Service, Sustainable Timbers Tasmania, the Parks and Wildlife Service, or council;
6. clearance within 2m of lawfully constructed buildings or infrastructure including roads, tracks, footpaths, cycle paths, drains, sewers, power lines, pipelines and telecommunications facilities, for maintenance, repair and protection;
7. safety reasons where the work is required for the removal of dead wood, or treatment of disease, or required to remove an unacceptable risk to public or private safety, or where the vegetation is causing or threatening to cause damage to a substantial structure or building; or
8. within 1.5m of a lot boundary for the purpose of erecting or maintaining a boundary fence, or within 3m of a lot boundary in the Rural Zone and Agriculture Zone

1. the vegetation is not protected by legislation, a permit condition, an agreement made under section 71 of the Act, or a covenant; or
2. the vegetation is not specifically listed and described as part of a Local Heritage Place or a significant tree in the relevant Local Provisions Schedule, unless the management is incidental to the general maintenance.

1. soil conservation or rehabilitation works including Landcare activities and the like, provided that ground cover is maintained and erosion is managed;
2. the removal or destruction of declared weeds or environmental weeds listed under a strategy or management plan approved by a council;
3. water quality protection or stream bank stabilisation works approved by the relevant State authority or a council;
4. the implementation of a vegetation management agreement or a natural resource, catchment, coastal, reserve or property management plan or the like, provided the agreement or plan has been endorsed or approved by the relevant State authority or a council; or
5. the implementation of a mining and rehabilitation plan approved under the terms of a permit, an Environment Protection Notice, or rehabilitation works approved under the Mineral Resources Development Act 1995.

In order to assess the above requirements, Council will likely require the submission of a Natural Values Survey prepared by a suitably qualified ecological consultant (refer below for recommended listing of consultants).

Please note that significant financial penalties may be applied for vegetation clearance without planning approval or approval under the Forest Practices System.

Due to the complexities of vegetation clearance, it is strongly recommended that you only undertake vegetation clearance once you have the written consent of Huon Valley Council. This written consent may take the form of a planning permit or, alternatively, a written letter from Council stating that no planning permit is required.

A written request for advice on approval requirements can be submitted to Council and Council will seek to provide a written response within 7 to 14 days stating whether a planning permit is required or not. A written request for advice will need to include the following information:

• a site plan showing the area of the vegetation, all buildings and all watercourses, including winter creeks,
• the identity of the main tree species present (if possible) and photographs of the vegetation including
  • a landscape image showing all trees and understorey
  • close up images of the main tree species, particularly the leaves and flowers/seeds), and
• a photograph of any watercourses including winter creeks.

The Huon Valley Council recommends that Environmental Consultants engaged for assessment purposes have a permit that allows them to collect threatened flora species for identification purposes to ensure that a complete assessment of natural values according to DPIPWE’s Guidelines for Natural Values Assessments – http://dpipwe.tas.gov.au/Documents/Guidelines-for-Natural-Values-Assessments.pdf

The Huon Valley Council does not endorse nor recommend any person/company included on the above list. The information is provided to assist developers to identify those having previous experience with the preparation of Natural Values Assessments.  Others not included on the list having appropriate skills and knowledge may also submit reports.

The regulations exempt some forms of vegetation clearance and these include (summarised from the documents at – Information on Land Clearing Controls, FPA, February 2010, www.fpa.tas.gov.au).

• small scale clearing where:
  • The landowner has given consent, and
  • The land is not ‘vulnerable land’ (see below), and
  • No more than 1 hectare per property per year is cleared or timber volumes do not exceed 100 tonnes,

• clearing necessary to provide a reasonable buffer for existing infrastructure (e.g. dwellings, fences) or for public safety, and
• clearing native vegetation regrowth (containing no more than 20 eucalypts more than 2m tall within a 0.5 hectare area) on previously cleared and converted land (i.e. land that has not contained trees or threatened native vegetation for a period of at least 5 years since 1985).

If you are uncertain whether your property is affected by the C7.0 Natural Assets Code or contains vegetation protected under state or federal legislation please contact Council’s Customer Service Office  for further advice.