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Victoria Australia New Vegetation Clearing Laws

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Old 31st December 2011, 03:58 PM   #1
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Default Victoria Australia New Vegetation Clearing Laws

As the heading says the new Victorian laws for vegetation clearing
Attached Files
File Type: pdf DSE-Preparing-for-Bushfire-10-30-50-factsheet-FAQ.pdf (306.6 KB, 66 views)
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Old 31st December 2011, 06:23 PM   #2
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Default Re: Victoria Australia New Vegetation Clearing Laws

Now that is quite interesting. It says the 10/30 rule doesn't include the City of Whittlesea of which its about half/half metro/rural.

Does this mean 'significant trees' are or are not covered by the section 173 of the Planning & Environment Act 1987?
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Old 31st December 2011, 07:42 PM   #3
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Default Re: Victoria Australia New Vegetation Clearing Laws

From the Pdf

Quote:
What if there is a section 173 agreement
on my property?

A section 173 agreement is an agreement between the council and land owner under the Planning and Environment Act 1987 and can be used to protect vegetation on a property.
If a section 173 agreement applies to vegetation you wish to remove under the 10/30 rule you will need to seek an amendment to this agreement with your local council
A Section 173 is different to what you are thinking it is maybe

Last edited by Darrell Mcleod; 31st December 2011 at 07:43 PM. Reason: typo
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Old 31st December 2011, 10:06 PM   #4
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Default Re: Victoria Australia New Vegetation Clearing Laws

Yea I looked it up in the act itself, it kinda does say the council ("responsible authority") can enter into the agreement on its own behalf.

http://bit.ly/sL2sMb

Quote:
Planning and Environment Act 1987 - SECT 173
Responsible authority may enter into agreements

173. Responsible authority may enter into agreements

(1) A responsible authority may enter into an agreement with an owner of land
in the area covered by a planning scheme for which it is a responsible
authority.

(2) A responsible authority may enter into the agreement on its own behalf or jointly with any other person or body.

(3) A responsible authority may enter into an agreement under subsection (1)
with a person in anticipation of that person becoming the owner of the land.

(4) Despite anything in this Division, if an agreement entered into with a
purchaser in anticipation of the purchaser becoming owner is registered by the
Registrar of Titles, it does not bind the vendor unless the vendor assumes the
purchaser's rights and obligations under the agreement.
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Old 31st December 2011, 10:42 PM   #5
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Default Re: Victoria Australia New Vegetation Clearing Laws

An example of a Section 173 with regard to trees and vegetation - a residential land subdivision I was involved with

The developer gave some trees the chopo to put in roads etc - They were native vegetation - some others trees on site were left

The trees left were controlled - ie cannot be removed hurt whatever by future land owners by a Section 173 agreement

On top of that the developer had a choice in this case - either plant onto the blocks sufficient new vegetation to offset the trees given the choppo and have the Section 173 control them also or offset the losses elsewhere via a Bushbroker which is what we did

It is an horrendously complex system Native Vegetation Offsets etc
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Old 1st January 2012, 12:53 AM   #6
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Default Re: Victoria Australia New Vegetation Clearing Laws

That sounds pretty similar to whats in the area now. Old planning schemes had the trees as part of someone's property but because its listed as a significant tree it can't be touched without arborist reports and council approval. Now the trees are on their little reserve in new estates as part of the current planning schemes. Any trees that are cut down need to be offset in special areas.

So it does seem like the significant trees are covered under Section 173 (subsection 2).

My gods politics is a headache.
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Old 1st January 2012, 09:00 AM   #7
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Default Re: Victoria Australia New Vegetation Clearing Laws

Have a read of this

And best for the new year mate

On the second page

Quote:
To change the Agreement all parties, including Council, must
consent to the proposed changes. Approval to amend the
Section 173 Agreement must then be requested from the Minister
for Planning.
That is why I have said in other threads things about councils like ---

It is not the councils who are only in control as an example here the Minister for Planning is involved

Look up 'Victorian State Planning Schemes' on Google and then we can see how councils must abide by the state planning schemes that appply to them

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File Type: pdf sid1_3948 CGD S173 Agreement web.pdf (350.3 KB, 41 views)

Last edited by Darrell Mcleod; 1st January 2012 at 09:07 AM.
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Old 2nd January 2012, 01:57 PM   #8
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Default Re: Victoria Australia New Vegetation Clearing Laws

Quote:
Originally Posted by Darrell Mcleod View Post
It is an horrendously complex system Native Vegetation Offsets etc
True when 10/30 1st came out many thought chain saw sales would go though the roof and vast tracks of forest land would be cleared. Well not quite so most people are smart aware how to best manage the relationship of trees and fire potential. Only a few numb nuts used this 10/30/50 right to remove trees even if highly unlikely fire source eg Liquid ambar in suburban road home ain't ever gonna burst into flames in mid winter.
Still the new 10-50 has no sunset clause so its here to stay as no voter hungry pollie will remove it.

Quote:
My gods politics is a headache.

The 10/50 boundaries may have been set by polling booth returns as make nil sense to exclude Knox and Whittlesea. I read that LG can if wish ask state gov to be put into 10/50 or if want can ask to be put out of 10/50 but told that most highly politically prescriptive and so unlikely,
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Old 2nd January 2012, 02:22 PM   #9
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Default Re: Victoria Australia New Vegetation Clearing Laws

Quote:
Originally Posted by derwoodii
The 10/50 boundaries may have been set by polling booth returns as make nil sense to exclude Knox and Whittlesea
One would think the areas of Knox within the Dandenong foothills should have been covered
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