Fence Line Clearing

Can I clear native vegetation along my fence line

If you are the owner of the property, you may clear a strip along a fence line within your property to the width necessary to provide access to construct or maintain a fence, provided that the clearing, combined with other limited exempt clearing (under the Regulations) on the property, does not exceed five hectares in the financial year in which the clearing takes place.

A separate exemption exists for clearing between private property and Crown land (e.g., a road reserve), provided that the clearing on the Crown land is no more than 1.5 metres from the fence and is required to enable access to construct or maintain a fence. This exemption applies to the owner of the land on which the clearing is to take place or with the prior authority of the owner, therefore in the case of a road reserve, written approval from your local Shire must be obtained prior to undertaking the clearing. For written approval from the Shire, download a copy of the Shire’s application for fence line clearing.

Roadside Fence Line Clearing Application

These exemptions do not apply in environmentally sensitive areas.

The onus is on the landowner and any other person carrying out the clearing on their behalf, to ensure compliance with the Environmental Protection Act 1986 (EP Act), regardless of any advice given by the Shire.

It is important to read the exemption as a whole which is made up of the following requirements or elements:

  1. It authorises the clearing of native vegetation on Crown land along a fence line; and
  2. The clearing can only be for the purpose of providing access to construct or maintain a fence between private property and Crown land; and
  3. (as a limitation to these first two parts of the exemption) –the clearing can be no more than 1.5 metres from the fence line.

 If the intended clearing does not satisfy all of these requirements, then the exemption does not apply, and a clearing permit is required.

Examples of exemption

  1. The cleared tree pictured above is within Crown land and is along a fence line; √
  2. The cleared tree was preventing the property owner from being able to access and construct the new fence; √
  3. The cleared tree is less than 1.5 metres away from the fence line. √

This clearing is authorised by the exemption.

  1. The tree is within Crown land and is along a fence line; √
  2. The tree does not prevent the owner from being able to access and construct the new fence; x
  3. The tree is less than 1.5 metres away from the fence line. √

The clearing of the tree would not be authorised by the exemption.

Top Tree

  1. The tree is within Crown land; √
  2. The tree did not prevent the owner from being able to access and construct the fence; x
  3. The tree is more than 1.5 metres from the fence. √

The clearing of the tree was not authorised, Clearing Permit required

Middle Tree

  1. The tree is within Crown land; √
  2. The tree did not prevent the owner from being able to access and construct the fence; x
  3. The tree is more than 1.5 metres from the fence. √

The clearing of the tree was not authorised, Clearing Permit required

Bottom Tree

  1. The tree is within Crown land; √
  2. The cleared tree did not preventing the property owner from being able to access and construct the new fence; x
  3. The tree is less than 1.5 metres from the fence. √

The clearing of the tree was not authorised, Clearing Permit required