(1) Notwithstanding clause 32 (Land use matrix), development consent is not required for vegetation clearing if a person clears, cuts down, tops, lops, prunes, removes, injures or wilfully destroys any vegetation (not trees) in accordance with—
(a) a written permit issued by the Council, which may be given subject to such conditions as the Council considers necessary, or
(b) an exception specified in subclause (4).
(2) Application for permits An application for a permit referred to in subclause (1) (a) shall be accompanied by—
(a) the written consent of the owner of the land, and
(b) the information specified in clause 43 (Contents of site analysis plan) or elsewhere in this Part that is relevant, in the opinion of Council, to consider the environmental impact of the proposed vegetation clearing, and
(c) a method statement detailing the intended approach to undertaking the proposed clearing work, and
(d) details of any proposed new plantings (species, mature heights and spread), together with establishment and maintenance details of those new plantings, with the level of detail being sufficient to allow the Council to assess the adequacy of vegetation retention and future landscape proposals.
(3) Considerations before issuing a permit Before issuing a permit referred to in subclause (1) (a), the Council shall consider the following matters—
(a) the zone objectives within Part 2, Division 2 (Zone objectives) that apply to the land,
(b) the assessment requirements and provisions within this Part that are relevant to the proposed vegetation clearing, including the need to control runoff and erosion during and after clearing,
(c) whether a vegetation management plan, prepared by a suitably qualified person and detailing procedures and specifications necessary to address any issues of concern, should be submitted for approval prior to commencement of clearing work,
(d) the effect of any vegetation clearing on the viability and quality of the bushland and, in particular, the likelihood of the spread of weeds or of undesirable and exotic species in the bushland.
(4) Exceptions Development consent or a written permission is not required in relation to—
(a) the removal or clearing of any vegetation where that removal or clearing is essential for emergency access or emergency works authorised by the Council, the State Emergency Service or any public authority (but only where the amount of vegetation removed is minimised as far as is practicable), or
(b) the removal or clearing of vegetation in association with the construction or use of a building or work for which development consent has been granted, including the removal of vegetation and ongoing maintenance of fuel load limits within identified and approved asset protection zones, but only in accordance with the terms and conditions of that consent, or
(c) a plant referred to in clause 55 (Weed management), except for a plant that is a known sterile cultivated variety of these plants or a plant referred to in clause 54 (2) (e) or (f), or
(e) the removal or trimming of any vegetation in accordance with sections 88, 107, 138 and 139 of the Roads Act 1993, or
(f) the removal or clearing of any vegetation in conjunction with works approved under Part 5 of the Act, or
(g) the removal or clearing of any vegetation, but not trees, in any zone to which clause 14 (Locality management within the villages) applies or within the Living—General zone or Living Conservation zone, or
(h) the removal or clearing of any vegetation, but not trees, for maintenance of a garden, within its existing boundaries, or
(i) the removal or clearing of any vegetation, but not trees, for maintenance of existing cleared areas or areas for which consent or a permit has been granted authorising clearing, or
(j) the removal or clearing of native vegetation in bushland for the purposes of creating gardens where—
(i) the work does not involve the removal, injury or destruction of trees, and
(ii) the area to be cleared is within 35 metres of a dwelling for which consent or a building approval has been granted on the same allotment as the proposed clearing, and
(iii) the area to be cleared is not greater than 500m2, and
(iv) the area to be cleared is not development excluded land, and
(v) the area to be cleared is not within the Protected Area—Escarpment Area or Protected Area—Riverine Scenic Quality Corridor, and
(vi) the removal of native vegetation is not contrary to any condition of any consent or any plan approved by the Council, or
(k) the removal or clearing of vegetation in accordance with an order issued by the Council under the provisions of the Act or the Local Government Act 1993, or
(l) the removal or clearing of any vegetation, in accordance with the Surveying Act 2002 or any regulation made under that Act, between properties for the purpose of enabling a survey to be carried out along that boundary by a registered surveyor where no alternative survey method is feasible, or
(m) the removal or clearing of vegetation where that removal is consistent with a management plan approved by the Council for landscaping or gardening works.