The New 10/50 Vegetation Clearing Code
As another hot dry summer approaches land owners in NSW are turning their minds to bushfire prevention and hazard reduction measures and are asking what they can do to protect their properties.
The 10/50 Vegetation Clearing Code has recently been introduced under the Rural Fires Act 1997 (NSW) to assist owners of land situated within ‘vegetation clearing entitlement areas’ clear vegetation and trees close to residential accommodation and high-risk facilities in order to mitigate risk or threat from bushfire.
To assist owners of land situated within vegetation clearing entitlement areas carry out vegetation clearing work, we’ve put together the answers to some Frequently Asked Questions below.
FAQS – Vegetation Clearing Work
What vegetation clearing work can be carried out under the Rural Fires Act 1997 (NSW) and the 10/50 Vegetation Clearing Code?
The Rural Fires Act 1997 (NSW) authorises owners of land situated in a 10/50 vegetation clearing entitlement to remove, destroy or prune vegetation (including trees or parts of trees) within 10 metres of an external wall of a building containing habitable rooms that comprises or is part of residential accommodation or a high-risk facility.
The Rural Fires Act 1997 (NSW) also authorises owners of land situated in a 10/50 vegetation clearing entitlement area to remove, destroy or prune vegetation (not being trees or parts of trees) within 50 metres of an external wall of a building containing habitable rooms that comprises or is part of residential accommodation or a high-risk facility.
The Rural Fires Act 1997 (NSW) requires that any vegetation clearing work carried out must comply with the 10/50 Vegetation Clearing Code.
Is My Property in a ‘Vegetation Clearing Entitlement Area’?
The entitlement to carry out vegetation clearing work under the Rural Fires Act 1997(NSW) and the 10/50 Vegetation Clearing Code only applies to vegetation within a clearing entitlement area.
To find out whether your property is in a vegetation clearing entitlement area simply follow the link below to the Rural Fires Services website and enter your address.
http://www.rfs.nsw.gov.au/plan-and-prepare/1050-vegetation-clearing/tool (link is external)
What does “residential accommodation” mean?
Residential accommodation includes private houses, residential flat buildings, boarding houses and hostels, seniors housing, tourist and visitor accommodation and caravans in caravan parks.
What is a “high risk facility”?
A high risk facility means a school, child care centre or hospital.
What does “building containing habitable rooms” mean?
In relation to residential accommodation a “building containing habitable rooms” is a building containing one or more rooms designed and approved for use as bedrooms for sleeping.
In relation to childcare facilities it means a building containing one or more rooms designed and approved for the purpose of supervision and care of children.
For schools it means a building containing one or more rooms designed and approved for the purpose of accommodating children.
For hospitals it means a building containing one or more rooms designed and approved for the purpose of accommodating patients or providing sleeping facilities for hospital staff.
Importantly, vegetation clearing work under the Rural Fires Act 1997 (NSW) and 10/50 Vegetation Clearing Code is only authorised in respect of established buildings which are lawfully in use. This means that vegetation clearing work can only be carried out if there is a development consent for the use of the building as residential accommodation or as a high-risk facility and an occupation certificate or other authorisation required by the Environmental Planning and Assessment Act 1979(NSW) has been issued for the lawful use of the habitable rooms comprising that building.
Can I carry out vegetation clearing work on any part of my land if it is within a Vegetation Clearing Entitlement Area?
No. Any vegetation clearing work must be carried out within the specified distances (10 or 50 metres) of a building containing habitable rooms.
The 10/50 Vegetation Clearing Code also imposes conditions and in some case prohibits the carrying out of vegetation clearing work on land which:
- Has a slope of 18 degrees or more;
- Is within a Riparian Buffer Zone (ie. within 10 metres of a Prescribed Stream identified by the Office of Environment and Heritage)
- Is within an area containing Aboriginal or other cultural heritage; or
- Is subject to a Management Agreement under legislation including: the National Parks and Wildlife Act 1974 (NSW), the Threatened Species Conservation Act 1995 (NSW) and the Native Vegetation Act 2003 (NSW).
Can I clear vegetation on my land which is within the specified distance (ie. 10 or 50 metres) of a building containing habitable rooms situated on my neighbour’s land?
Yes, provided that the vegetation is within a Vegetation Clearing Entitlement Area and the vegetation clearing work carried out complies with the 10/50 Vegetation Clearing Code.
Can I Clear Vegetation on my Neighbour’s Land?
No, consent is required from the owner of the land. You must obtain your neighbour’s consent to clear any vegetation or trees on your neighbour’s land.
However, you may prune tree branches overhanging your land (notwithstanding that the trunk of the tree is on your neighbour’s property) if the branches are within 10 metres of a building comprising habitable rooms situated on your land.
Are there any restrictions on the method or manner of the vegetation clearing work that is permissible under the Rural Fires Act 1997 (NSW) and the 10/50 Vegetation Clearing Code?
Yes. The Rural Fires Act 1997 (NSW) and the 10/50 Vegetation Clearing Code do not authorise the destruction of vegetation within a vegetation clearing entitlement area by means of fire.
The 10/50 Vegetation Clearing Code also sets out conditions relating to the use of herbicides.
What happens if I don’t comply with the 10/50 Vegetation Clearing Code?
Failure to comply with the 10/50 Vegetation Clearing Code is an offence under theRural Fires Act 1997 (NSW) and may result in legal proceedings being commenced against you in the local court.
How does the 10/50 Vegetation Clearing Code interact with other environmental laws?
Property owners of land situated in a vegetation clearing entitlement area can clear vegetation from their property despite any requirement for consent or approval imposed by their local council.
However, vegetation clearing work may still constitute an offence under theEnvironment Protection and Biodiversity Act 1999 (Cth) if the work has, will have or is likely to have a significant impact on a threatened ecological community or species. Before carrying out vegetation clearing work it is recommended that you consult with your local council or obtain legal advice.
Where can I find a copy of the 10/50 Vegetation Clearing Code?
The 10/50 Vegetation Clearing Code is available via the link below:
