Rules & Permits
What's protected and what isn't when you clear land in Victoria
Weeds and introduced trees usually aren't protected. Anything indigenous, old paddock trees and anything in an overlay or near a waterway often is.
Most people asking about clearing want one answer: can I just take it out? The honest answer is that it depends on what the plant is, where it's growing, and what's written on your property's planning report. Here's the plain split.
Usually not protected
• Declared weeds like gorse, blackberry, serrated tussock and sweet briar — you're actually required to control many of these.
• Introduced trees and shrubs: pines, cypress, willows (outside waterway areas), fruit trees, garden plants.
• Pasture and crop that's been sown or regularly cultivated.
Even here, check two things: whether native plants are mixed through the weeds, and whether an overlay on your title controls all vegetation, not just native.
Often protected
• Anything indigenous to Victoria: gums, wattles, native shrubs, understorey and native grasses — including regrowth.
• Old paddock trees. An isolated native paddock tree can be protected; its separation from other vegetation does not make removal unrestricted.
• Vegetation in a Vegetation Protection, Environmental Significance or Significant Landscape Overlay.
• Vegetation on or beside a creek, gully or wetland, which can also need approval from the catchment management authority.
• Roadside vegetation outside your boundary — that's not yours to clear without the road manager's say.
The grey areas
Native regrowth in an old paddock, dead trees (which can still be habitat), and clearing for fire protection around a house all sit in grey areas. Exemptions exist for some of these, but each has conditions. If you can't tell, ask council and get the answer by email.
How we handle it
On a site visit we'll walk the job with you and point out anything that looks native or sits near a waterway. If there's doubt, we'll tell you to check before we start. Landowners and contractors must confirm applicable approvals and conditions before work. A site visit is not permission to clear.
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Next Up
Clearing beside a creek: approvals, bank protection and aftercare
Read nextGot vegetation work to sort out?
Send your address and arrange a site visit so we can assess the work.