bushland clearing factsheet

clearing Trees, bushland and native Vegetation –do you need approval?

Yes, you will be required to gain council, NsW Rural fire service or catchment Management authority approval. If unsure, contact council for details.

What is land clearing or bushland clearing?

clearing is cutting down, felling, thinning, logging, removing, killing, destroying, poisoning, ringbarking, uprooting or burning native vegetation.

clearing includes:• anytypeofploughingthatkillsnativegroundcover• theunder–scrubbingofnativeforests

(including use of wiper-snipers/brush-cutters)• herbicidespraydriftthatkillsordestroys

native vegetation • thinningofnativewoodlands• lopping,toppingorsignificantpruningisalso

controlled in some instances.

What is bushland?

Bushland means vegetation that is either a remainder of the natural vegetation on the land or, if altered, is still representative of the structure of the natural vegetation. Bushland vegetation includes trees of any size, shrubs and understorey grasses.

do i need approval to clear / underscrub bushland?

are you considering any of the following activities:• Clearingforagriculturalpurposes

(cropping and grazing)

• Clearingforconstructionofroadsordams• Clearingforabushfireassetprotectionzone(seebelow)• Clearingforbuildingconstructionordevelopment• Acceptinglandfillontoyourproperty

clearing of bushland without appropriate council approval, for any purpose is illegal and substantial penalties may apply. Rehabilitation of lands can be required.

clearing of bushland requires Development consent in various zones in accordance with Baulkham hills Local environment Plan 2005. It is also prohibited in some zones. AFloraandFaunaAssessmentandjustificationforthebushland clearing must accompany the application.

Clause 27 of Baulkham Hills Local Environment Plan 2005 states that except in accordance with a development consent or Permit granted by the Council, a person must not ring-bark, cut down, top lop, remove, injure of wilfully destroy any tree or bushland. Please contact council or visit the website for further information.

Have you considered the benefits of retaining bushland or vegetation cover on your property?

there are many advantages in keeping as much native vegetation on your property as possible.

• Treescanactaswindbreaksanddecreasethe incidence of soil erosion

• Treesandgroundcovercanlimiterosion,preventingsedimentation of dams, creeks and rivers

• Nativevegetationprovidesimportanthabitatforpollinators and seed dispersers

The hills shire council129 showground Road, castle hill NsW 2154

www.thehills.nsw.gov.au

bushland clearing factsheet continued

• Bushlandareasprovideimportantwildlifecorridorsthatensure the survival of many native animals especially small ground dwellers as well as tree dwellers.

• SometreesandshrubswithinmanagedbushfireAssetProtectionZonescantrapembersandflyingdebristhatcouldotherwisereachbuildingsduringabushfire.

• Treesprovideimportantshadingadvantagesinsummerand reduce your energy bills

• Bushlandcanprovideprivacy,visualscreeningsandadds to the amenity of rural lifestyles

• BioBankingprovidesfundsforlandownerstomanagetheir land for conservation

Have you considered the impacts and costs of bushland clearing on your property?

Landowners need to be aware of the major issues regarding the impacts of bushland clearing and the importance of retaining the natural bushland landscape.Bushland clearing without proper care and control can degrade the local environment and may result in the following environmental impacts:

• Lossofhabitatforfaunaspecies,increasingpressureuponthreatenednativespecies,bothfloraandfaunahabitats.

• Fragmentationofthenaturalbushlandlandscape.• Vegetationdieback.• Lossofwildlifecorridorsandbiodiversity.• Reductioninsoilstability,causingsoilerosionand

sedimentation.• Increaseintheinvasionandspreadofnoxiousweeds.• Increaseinferalanimalhabitat.• Watertableandsalinityproblems.• Bushlandclearedillegallycanbeorderedtobe

rehabilitated,consistingofpotentiallylargefinancialcosts, including on-going maintenance.

Good land management should allow you to have:

• bothbushlandandbushfiresafety• bothbushlandanddevelopment

Concerned With Bushfires?

Ifyouareconcernedaboutbushfireonyourproperty,the NsW Rural fire service can provide advice regarding preparingyourpropertyagainstbushfires.

Do I wish to reduce bushfire fuel for asset protection zones around my property?

the NsW Rural fire service must be contacted to gain the appropriate environmental approval to carry out works that may include vegetation clearance. this process has been streamlined and does not require council consent, however youmustholdaBushfireHazardReductionCertificatefromthe NsW Rfs relevant to the work done, or you risk being prosecutedandfined.

CheckwiththeTheNSWRuralFireService–TheHillsDistrictoffice–0296541244orwww.rfs.nsw.gov.au

Penalties for unauthorised clearing

Therearefinesandpenaltiesassociatedwithillegal land clearing.

failure to obtain appropriate approvals for vegetation

clearingcanresultinfinesrangingfrom$1500or$3000on-the-spotfines,forminorbreaches,tocourtimposedfinesofupto$1.1millionforsignificantbreaches.

On-going Investigations: council is utilising aerial imagery and Geographic Information systems to investigate bushland clearing, even dating back a number of years. Rehabilitation orders can be enforced, which can result in substantial costs to landholders, including on-going maintenance costs.

Other types of permission you may need

• Clearingthatislikelytohaveasignificantimpactonnationally listed threatened species and ecological communities, migratory species, Ramsar Wetlands, or World or National heritage areas will need to be referred to the federal Government for approval under the environmental Protection and Biodiversity ConservationAct1999.Visitwww.environment.gov.auorcall0262741111forfurtherinformation.

• Clearingwhichislikelytoaffectthreatenedspecieslisted under the NsW threatened species conservation act will need approval. clearing approved under the NativeVegetationActwillnotneedadditionalconsentunder the threatened species act. Please contact council or your local catchment Management authority for further information. call hawkesbury Nepean cMa on0247253050

• Clearingofmangroves,seagrassesorothermarinevegetation requires permit approval by the Department ofIndustryandInvestment.Contact0298720111.

What to do if you notice or suspect bushland clearance

should you suspect that someone has cleared bushland by cutting down, felling, thinning, logging, removing, killing, destroying, poisoning, ringbarking, uprooting or burning native vegetation you are encouraged to report the incident to council, who will then take appropriate action. Potentially bushland clearance may be approved in line with a Development consent; however it is also possible the clearing will be illegal. council understands the challenging nature of neighbour relations and will treat all reports in an appropriate manner.

Other factsheets located on the hills shire council website:

• DevelopmentandThreatenedSpeciesFAQs• Ecologicalassessmentforproposeddevelopment• Treemanagementguidelinesfortreesonprivateland• Treeandbushlandmanagementfactsheet

for further related websites:• www.edo.org.au/edonsw/site/factsh/fs05_3.php• www.environment.nsw.gov.au/vegetation

nvmanagement.htm• www.nativevegetation.nsw.gov.au• www.cma.nsw.gov.au• www.rfs.nsw.gov.au

further Information:

for further assistance and information please call| Councilon(02)98430555ore-mailcouncil-enviro@thehills.nsw.gov.au.

The hills shire council129 showground Road, castle hill NsW 2154

www.thehills.nsw.gov.au