New one-hectare rule for landowners

1/7/04
Environment Minister Judy Edwards today announced the outcome of negotiations over the land clearing regulations.
Under the new Environmental Protection (Clearing of Native Vegetation) Regulations, land holders will be able to clear one hectare of land a year for various kinds of general property maintenance. This applies irrespective of the size or the shire in which the property is located.
"This represents a sensible outcome between the environment, the State's unique biodiversity and land use practices," Dr Edwards said.
The 1ha rule would cover activities such as:

• collection of firewood and materials for woodwork, construction and fence posts. (This can only be for non-commercial use and regrowth provisions apply);
• clearing for new fence lines, vehicle tracks and walking tracks;
• clearing for lawful buildings and other structures; and
• clearing isolated trees.

In addition to the 1ha rule, landowners would not require a clearing permit for the following activities:

• clearing for fire suppression and prevention. This includes clearing for firebreaks and around buildings where required under Section 33 of the Bushfires Act;

• clearing resulting from accidents or to prevent imminent danger to human life;

• clearing for fire hazard reduction outside of the prohibited or restricted burning times for one year until a Code of Practice is developed and implemented. Subsequently, clearing for fire hazard reduction will not require a permit if it is carried out according to the Code of Practice;

• clearing up to 1.5m on the Crown land side of a dividing fence;

• clearing to maintain existing cleared areas around infrastructure such as fencelines, vehicle and walking tracks and around buildings, to the extent these areas have been cleared in the previous 10 years; and

• clearing to maintain existing cleared areas for pasture, cultivation or forestry to the extent these areas have been cleared in the previous 10 years. This exemption enables farmers to continue to allow stock to graze in areas of native vegetation to the extent they have done in the previous 10 years.

Clearing restrictions in catchment areas and water reserves would continue to apply (and land owners would need to obtain either a clearing permit or a clearing licence under the Country Areas Water Supply Act 1947 to clear in these areas).
"I would like to thank the key stakeholders for all their efforts in seeking common ground to develop a workable set of regulations," Dr Edwards said.
The Minister had sent a final copy of the regulations to key stakeholders before they are tabled in parliament this week. The regulations and new offences of environmental harm would take effect from Thursday, July 8.
Minister's office: 9220 5050