Added: Andreya Biermann - Date: 22.03.2022 20:30 - Views: 16994 - Clicks: 941
If you live in an area close to the bush, you need to prepare your home. The review has now been completed and a copy of the final report is available here. Thirty recommendations have been made. The NSW Government is now in the process of implementing these recommendations.
It is important to know that you must follow the eligibility or rules in place at the time you clear any vegetation. You may only clear your own land. It is clear from some submissions and feedback that while the scheme is deed to reduce bush fire risk, there has been some abuse of the fuel reduction provisions for other purposes. The reduced entitlement area of m from higher risk vegetation has been maintained, covering 85 per cent of properties historically destroyed in a bush fire. The easiest way to work out if you're covered by the eligible area is checking our online tool.
The tool contains the latest information on areas covered by the rule. The NSW RFS provides extensive information and resources to assist people interested in preparing their homes and families against the risk of bush fires. Try some of the useful links below for more information:. A series of frequently asked questions has been published to provide additional information and can be accessed below. Simply click on a question to expand the answer.
If you've already used the online tool to assess your parcel of land, you should check again to see if the entitlement area has changed before clearing any vegetation. It is important to know that you must follow the eligibility and rules in place at the time you clear any vegetation.
There may be other restrictions that apply, such as if your property is on a slope, or there are items of Aboriginal or cultural ificance in the area. Find out more below. However, clearing can only be done if you are the landowner or you have the approval of the landowner.
If your property is made up of more than a single parcel of land Lot then you need to check the entitlement for each parcel of land Lot. This is because the entitlement may differ between ading parcels of land if you are at the boundary of the entitlement area. The online tool will also let you know if any environmental or cultural exclusions apply to your land.
Type in your address in full and then select your address from the drop-down list. Once selected you should see a marker placed on your land. If this is your land then click the 'Get ' button to determine whether the selected parcel of land is in the entitlement area.
If your property contains more than a single parcel of land Lot then you will need to check each parcel to determine if the entitlement area applies to each separate parcel for which you are seeking to clear. If you search for your property and you see a pop-up error box that re ' We cannot locate your address on the map' then you should consider the following:. The tool works using Google, and Google may not recognise your address. This may be because Google has your suburb or street identified differently to you. Try clicking the 'OK' button, then click on the marker and drag to your property.
If your property is part of a larger land parcel i. If you still cannot locate your property, enter and search on the name of the closest cross street, and select from the drop-down list and drag the marker to your property. Google will show your address on the map at a standard scale. You will need to check your boundary and adjust the scale if needed to confirm it is the right block.
If you continue to have difficulty with the online tool you should consider downloading and using Google Chrome as your web browser. You can ask neighbours to clear if the vegetation on their land is within 10 metres or 50 metres of your building. If you believe there is a bush fire hazard on neighbouring land that is not being addressed then you can make a bush fire hazard complaint by contacting your local NSW RFS District Office. You may prune branches within 10 metres of your building where those branches are overhanging your land from a tree on your neighbour's land, however you will need to comply with a range of conditions.
For more information refer to the Frequently Asked Question below — ' Are there any conditions when pruning trees? If a tree trunk or trunks occurs across two or more properties, the approval of all landowners is required for removal of the tree. The landowner is the owner at the time the tree or vegetation is removed. You can clear vegetation near the external walls of a building containing habitable rooms such as a home, tourist or visitor accommodation, caravans that are in caravan parks, and manufactured homes installed in manufactured home estates.
The building must also be one that has been approved with provision for habitable rooms by a Development Consent or other lawful authority. Note that farm sheds are not required to have habitable rooms. This is because structures such as decks are required to be made of non-combustible material to be considered exempt development. Ecotourism facilities provide accommodation located in natural areas that are environmentally sustainable. Due to the environmental constraints inherent in ecotourism facilities, special emphasis is given to emergency planning and management, and the provision of onsite sheltering as a last resort.
These matters are addressed during the development consent process. You may only clear once there is a lawful authority for the occupancy of the building such as a final occupation certificate where relevant. The rules for lawful occupancy will vary depending on when the building was approved. Your local council can provide advice regarding your specific circumstance.
Clearing can only be done if you are the landowner or you have the approval of the landowner. If you rent your land, you will need to obtain the approval from the landowner first. The distance is from the external walls of the building. It includes permanent fixed structures such as decks, verandahs, pergolas and garages that are attached to the building. It does not include detached garages, sheds, water tanks and the like, or constructions such as paved or concreted areas.
With respect to farm sheds, external walls refer to the external walls of a farm shed or the line between two support posts in the event that the farm shed does not have a wall. Note that exempt developments such as decks which have been constructed according to the State Environmental Planning Policy Exempt and Complying Development Codes are excluded from the definition of external walls. This is because these structures are required to be made of non-combustible material. In addition, you may only remove a tree if part of a trunk of the tree at a height of 1.
If your land has the potential for any od the following listed matters, then the online tool will identify this in your search. Your search will also advise you of the associated conditions. You will need to check your land to see if a riparian buffer is required. Limitations on clearing occur on slopes of more than 18 degrees. You are responsible for determining the slope of the area you wish to clear. You can prune any vegetation within 10 metres of the building, or any vegetation other than trees within 50 metres of the building.
Pruning of trees must be in accordance with AS Pruning of amenity trees. AS is an Australian Standard for tree pruning that provides for trees to remain safe and healthy after branches are pruned. A copy of the Standard can be purchased from Standards Australia through their website www. If the trunk of a tree is greater than 10 metres from the building you may clear any branches within 10 metres of the building. However, you may only prune in accordance with the Australian Standard.
This may mean that you need to prune branches beyond the 10 metre boundary in order to balance the tree and meet the Australian Standard. If this is the case, then you should confirm with Council as to whether they require approval for the pruning that is greater than 10 metres.
You will need to do this before you commence any pruning of the tree. If you plan to prune branches from a neighbour's tree that overhangs your land, you will need to determine whether pruning of the branches on their side is also required in order to balance the tree and meet the Australian Standard.
If this is the case, then you will need their consent to prune the trees on their side. It is your responsibility to ensure tree removal and pruning is undertaken safely. You should always use reputable and professional tree services. You should consider hiring only trained and qualified tree removal services. Most Councils will also have information on recommended qualifications for arborists. Be aware that membership of an association does not always guarantee qualifications.
Tree removal does not require a trade licence in Australia. You should assure yourself that operators are appropriately qualified for the work being undertaken. Be aware that untrained people may claim to be qualified. Therefore you should sight evidence of their qualifications. This provides a minimum set of standards for work place safety. You should check that the service provider you use has current and appropriate insurances such as workers compensation, and personal and public liability insurance.
You can also contact the insurance company to check that the policy is current and covers the type of work being undertaken. Your home insurance policy is unlikely to cover tree works. A tree does not include a shrub, which is a small low growing woody plant with multiple stems, or a vine which is a woody plant that depends on an erect substrate to grow on.
Remember that you may only remove a tree if part of a trunk of the tree at a height of 1. You are not required to advise your local Council. For example, if your Development Consent requires you to retain specified trees then you may not clear them. Contact your local council for a copy of your Development Consent conditions.
Contact the Office of Environment and Heritage if you are seeking further advice regarding the above land management agreements. In addition, you may not clear vegetation on your land if your land is subject to a conservation measure pursuant to an order for Biodiversity Certification under the Sydney Region Growth Centres programme. State laws cannot override Commonwealth laws. However, deliberate cruelty to animals may be subject to prosecution under the Prevention of Cruelty to Animals Act You should take care to minimise your potential for harming wildlife such as having tree hollows checked and looking for active bird nests and tree dwelling animals such as koalas and possums.
If you witness any displaced, orphaned or injured wildlife you should contact the Office of Environment and Heritage, or d fauna rehabilitation group for assistance. Only people authorised under an Office of Environment and Heritage wildlife licence may take a native animal into care.
Rehabilitating a native animal without an authority is illegal and can lead to prosecution. You are not allowed to keep rescued native animals as pets. Some land may be susceptible to erosion or landslip. You cannot clear trees on slopes greater than 18 degrees on your land except in accordance with conditions identified in a Geotechnical Engineer Assessment Report.
If you are unsure as to whether the tree you want to clear is located on a slope of more than 18 degrees you should seek professional advice i. You can not use clearing methods that disturb the soil profile, such as graders, ploughs or dozers or other types of heavy machinery that are deed to break the soil surface such as excavators. For example, action may be pursued by a party that suffers as a result of a landslip due to actions taken on your land. It is the responsibility of landowners to seek expert advice in relation to these matters.
The clearing of trees or other vegetation is not allowed within 10 metres of a lake or river that is 2 metres or more in width between the highest opposite banks.
You will need to determine if there are any lakes or rivers on your land and the width of the river. You will also need to provide a buffer for any lakes or rivers on ading land if they are within 10 metres of your proposed clearing. The distance metres is measured from the highest bank or tidal limit if there is no defined high bank. This applies to either side of the river, or around the lake. Lakes and rivers are defined below:. The online tool will identify whether there may be an Aboriginal Place or an Aboriginal culturally modified tree scarred tree on your land. An Aboriginal scarred tree may not be cleared.
The online tool will identify whether there may be NSW State heritage or local heritage on your land. The Electricity Supply Act requires landowners to keep trees on their property a safe distance from powerlines all year round. Your network provider may notify you in writing of trees and branches that are too close to powerlines. You should contact your network provider for any questions including the safety requirements.
Working near powerlines is dangerous. Your network provider can advise you regarding your environmental approval options under the Electricity Supply Act You can download the Code of Practice from this website. Public submissions closed on 14 November You can download a copy of the review report below:. Share this link. The scheme allows people in a deated area to: Clear trees on their property within 10 metres of a home, without seeking approval; and Clear underlying vegetation such as shrubs but not trees on their property within 50 metres of a home, without seeking approval.50 in cove wanting to date 50
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