The Queensland Government’s vegetation clearing laws allow landholders to undertake a range of activities to deal with the threat or aftermath of a bushfire.
This guide explains the approval and notification requirements under vegetation and planning legislation.
During a bushfire emergency, follow the directions of the authorised fire officers.
You don’t need to get our approval or notify us before you undertake clearing that they have authorised or to help them deal with a dangerous situation. Find out more about clearing during an emergency .
You can undertake certain clearing activities to protect your property from bushfires without getting our approval or notifying us. These exemptions are summarised in the table below.
If you need to clear a wider area, you might be able to clear using a vegetation clearing code or apply for a development approval.
Prior to clearing, you should also check whether other laws apply.
This video highlights exempt clearing activities, under vegetation management laws, to safeguard your property from bushfires.
Firebreaks are low-fuel areas located immediately adjacent to existing infrastructure (including a building, or other structure, built or used for any purpose) that are cleared and maintained to slow or stop the progress of a fire, or to perform back-burning.
Fire management lines are roads, fence line clearings or tracks (including existing property tracks) used to access water for firefighting or divide the property for fuel reduction burning or back-burning.
The following table outlines common activities that are exempt clearing work on:
Note: You can’t join clearing for multiple purposes to create larger clearing widths. For example, you can't clear to a 10m fence track, plus locate an immediately adjacent 10m fire management line.
For a full list of clearing that is exempt under the vegetation management laws, refer to the list of exempt clearing work or Schedule 21 of the Planning Regulation 2017.
Before you undertake any clearing, it's important to contact your local council for information on whether local laws apply to your property.
A local law may apply to the removal of any trees in some local government areas. For example, a vegetation protection order or tree protection area may be in place.
Certain local governments have local laws on clearing native vegetation and tree protection, including:
The need for and extent of fire management lines depends on many factors, including:
The clearing for a firebreak or fire management line must be necessary to protect lives and property - this will depend on the circumstances of the property and surrounding landscape.
This includes activity that also results in clearing of vegetation within regulated koala habitat. You can find out what koala habitat, vegetation categories and protected plants are on your property in a vegetation management property report.
Purpose for clearing | Vegetation category | Clearing allowances |
|---|---|---|
Fences, roads or tracks | Category B (Least concern regional ecosystems only) | Clearing to establish a necessary fence, road or vehicular track to a maximum width of 10m |
Fire management line | All | Clearing for a necessary fire management line to a maximum width of 10m. |
Firebreaks | All | For a necessary firebreak to protect buildings and other structures (other than a fence line): to a width of up to 1.5 times the height of the tallest vegetation or 20m (whichever is wider) Refer to Using a clearing code for fire management for other provisions relating to firebreaks |
Hazardous fuel load reduction | All | Fuel reduction burns can be done under a permit issued by your local fire warden - contact your local fire warden for more information |
Maintain existing infrastructure | All | Clearing necessary to maintain existing buildings and other structure, including fences, roads and watering points Clearing to source construction timber to maintain existing infrastructure on the land |
Risk to people or infrastructure | All | Clearing necessary to remove or reduce the imminent risk the vegetation poses to people or building and other structures |
At times, a landholder may propose wider clearing than what is exempt under the Planning Regulation 2017. In such cases, the accepted development vegetation clearing code, Clearing for infrastructure, may assist. The code enables landholders to clear a wider firebreak in non-coastal areas.
If a wider firebreak is proposed, it may be possible to lodge a development application under the planning framework. You can apply for a development approval for the firebreak, and it will be assessed for its impacts on native vegetation and koala habitat.
You may also need to lodge a separate application under other legislation. For example, to clear protected plants under the Nature Conservation Act 1992.
If you need to clear a wider area than permitted under the clearing exemptions, you may be able to clear under the Clearing for infrastructure accepted development vegetation clearing code (PDF, 271KB).
This code applies to Category B, C and R vegetation. See the table below for requirements.
Find out how to clear under the accepted development vegetation clearing code.
Purpose for clearing | Vegetation category | Clearing allowances |
|---|---|---|
Firebreaks | Category B, C and R vegetation across Queensland except for coastal lots | Clearing for firebreaks to protect buildings and other structures (other than fences, roads, tracks, irrigation channels or contour banks) to a width of 30m Refer to Exempt clearing work for other provisions relating to firebreaks |
Fire management lines | Category C and R vegetation across Queensland | Clearing for necessary fire management lines – what is necessary up to a maximum width of 10m Further necessary clearing may be undertaken by providing an exchange area. Refer to the Clearing for infrastructure accepted development vegetation clearing code (PDF, 271KB) for further information Refer to Exempt clearing work for other provisions relating to fire management lines |
Find out more about using the vegetation clearing codes.
You will need a development approval for any clearing that falls beyond the scope of the provisions for exempt clearing, or clearing using a code.
Special provisions apply if you are clearing during an emergency.
You may also need a development approval if the clearing is associated with a development application for a material change of use or reconfiguring a lot.
Find out more about making a development application.
Consider local conditions when planning your firebreaks and fire management lines to make sure they’ll be effective in reducing the risk or impact of a bushfire.
The Queensland Fire and Emergency Services (QFES), or other suitably qualified bushfire professional, can provide advice about the suitable location of firebreaks and fire management lines.
A bushfire management plan is a useful planning tool for all landholders. The plan can:
If you are in a bushfire hazard area, you may be required to prepare a plan as part of a development application for a material change of use or reconfiguration of lot.
You can work with QFES and your local council to prepare a bushfire management plan tailored to the needs of your property.
Before lighting outdoor fires (such as fuel reduction burns), you must obtain a permit to light fire from the Queensland Fire and Emergency Services (QFES).
The permit will stipulate the conditions under which the fire can be lit, including:
Contact your local fire warden for more information.
Before you undertake any clearing, it's important to contact your local council for information on whether local laws apply to your property.
A local law may apply to the removal of any trees in some local government areas. For example, a vegetation protection order or tree protection area may be in place.
Certain local governments have local laws on clearing native vegetation and tree protection, including:
Prior to clearing, you should also check whether other laws apply. Some common requirements, and the agencies responsible, are listed below.
Department of Seniors, Disability Services and Aboriginal and Torres Strait Islander Partnerships
Nature Conservation Act 1992
During a bushfire emergency, follow the directions of the authorised fire officers.
You don’t need to get our approval or notify us before you undertake clearing that they have authorised or to help them deal with a dangerous situation.
If you carry out emergency work without a warden’s authorisation and it is outside the scope of the exemptions and clearing code, you will need a development approval, but you can apply after the event.
If the development approval is refused, you may be required to restore the land.
You can remove fallen woody debris from existing tracks, roads, fire management lines and firebreaks without a permit or notification.
Special clearing exemptions apply if your district has been declared a disaster area.
In Queensland:
Vegetation management within the road corridor, such as removal of vegetation for road infrastructure, or fire hazard reduction activities, are all undertaken by the road managers themselves or contracted to other parties.
Road Infrastructure clearing includes:
Clearing carried out by the road managers to construct and maintain road infrastructure (other than fences), is exempt and does not require an approval (as per the Planning Regulation 2017).
The road manager may need to lodge a separate application under other jurisdictions that apply. For example:
Unlike other road infrastructure, clearing to maintain a fence line on the road corridor is restricted to 3 metres. While no approval is needed for the clearing, a landholder with a shared boundary fence must seek the approval from the relevant road manager before clearing within the road corridor. Additional clearing may be possible under an accepted development vegetation clearing code or a development approval.
Clearing to maintain a boundary fence can also be done on the adjoining private property. A landholder on adjoining land may clear vegetation up to 10 metres in width within their property to maintain a fence line, without an approval (as per schedule 21 of the Planning Regulation 2017).
Where there is approaching danger such as bushfire, it may become necessary to clear vegetation within the road corridor. Under the essential management provisions within schedule 21 of the Planning Regulation 2017, a landholder may clear vegetation necessary to reduce or remove the imminent risk that vegetation poses of serious personal injury or damage to infrastructure.
Where a disaster declaration is made under the Disaster Management Act 2003 for an area, clearing vegetation does not require approval under schedule 21 part 5(15) of the Planning Regulation 2017, if the clearing is necessary to prevent or minimise either:
and
Section 53(j) of the Fire and Emergency Services Act 1990 allows an authorised fire officer to direct any person in a dangerous situation to take reasonable measures to deal with the danger. Any clearing within the road reserve done under the direction of an authorised fire officer does not require an approval under the Planning Regulation 2017.
The Planning Regulation 2017 allows for a range of activities undertaken to deal with the threat or aftermath of a bushfire.
Clearing for bushfire hazard in the road corridor aims to:
Road managers routinely meet with the Queensland Fire and Emergency Service to discuss clearing actions necessary for the expected upcoming bushfire season. Local bushfire mitigation work is then arranged as necessary.
A landholder may undertake hazard reduction burns, without a permit as per schedule 21 of the Planning Regulation 2017, so long as a permit to burn is obtained from the Queensland Fire and Emergency Service.
Hazard reduction burns can be undertaken following approval from the road manager (for a state-controlled road this approval needs to come through the TMR Road Corridor Permit (RCP)), in conjunction with the Queensland Fire and Emergency Services.
Firebreaks are low-fuel areas located immediately adjacent to existing infrastructure that are cleared and maintained to slow or stop the progress of a fire, or to perform back-burning.
An adjacent landholder may clear vegetation to maintain a necessary firebreak inside the road corridor, with authorisation from the road manager (state-controlled roads will require a TMR RCP) as per schedule 21 part 5(h) of the Planning Regulation 2017.
Landholders may clear vegetation for access to their adjoining land from the formed road to a maximum width of 10 metres without an approval as per schedule 21 part 5(e) of the Planning Regulation 2017. However, the landholder must have owner's consent for any clearing if the landholder is a lessee and seek approval from the relevant responsible road manager before clearing commences. Where the access is to a state-controlled road, the adjoining landholder will need to acquire a TMR Road Corridor Permit (RCP).
Please contact your local council for further information on providing access to your property.
A road manager may remove any weeds and hazardous vegetation (under the Biosecurity Act 2014) from the road corridor without a permit as per schedule 21 part 5(b) of the Planning Regulation 2017.
Clearing for bushfire management, 28 Aug 2023, [https://oss-uat.clients.squiz.net/environment/land/management/vegetation/clearing-guides/fire]
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