Machinery & Infrastructure
31 January, 2025
Check council regulations before replacing fences
HAVE you checked on the regulations for replacing a boundary fence?
According to the Moyne Planning Scheme VC237 (clause 52.17) the requirements are as follows:
NATIVE VEGETATION
Purpose
To ensure that there is no net loss to biodiversity as a result of the removal, destruction or lopping of native vegetation.
This is achieved by applying the following three step approach in accordance with the Guidelines for the removal, destruction or lopping of native vegetation (Department of Environment, Land, Water and Planning, 2017) (the Guidelines):
Avoid the removal, destruction or lopping of native vegetation.
Minimise impacts from the removal, destruction or lopping of native vegetation that cannot be avoided.
Provide an offset to compensate for the biodiversity impact if a permit is granted to remove, destroy or lop native vegetation.
To manage the removal, destruction or lopping of native vegetation to minimise land and water degradation.
Permit requirement:
A permit is required to remove, destroy or lop native vegetation, including dead native vegetation. This does not apply:
If the table to Clause 52.17-7 specifically states that a permit is not required.
If a native vegetation precinct plan corresponding to the land is incorporated into this scheme and listed in the schedule to Clause 52.16.
To the removal, destruction or lopping of native vegetation specified in the schedule to this clause.
Do be aware that if you require a permit to remove native vegetation, that you may be required to offset that loss.
A ‘property vegetation plan’ will be required to show where a farm will incorporate new native vegetation to compensate or offset the loss.
Also be aware that, in order to comply with council regulations, you need to read the entire native vegetation guidelines before commencing fence replacement.
Heavy fines have been handed out to those who have been considered over zealous with the clearing.
There was a boundary fence replaced locally, where the fence-line was cleared to enable machinery easier access for fencing.
Unfortunately, there was a fine imposed for excess clearing.