Managing native vegetation after a bushfire

Before you start

This advice is for landholders in rural zoned areas on regulated land. To find out if this applies to your land and situation, read the guide to getting started with native vegetation management.

Clearing native vegetation after a bushfire requires the permission of the owner of the impacted land before work can begin. 

Native vegetation includes all naturally occurring plants in NSW, such as:  

• trees, shrubs and scrub
• understorey plants
• groundcover
• wetland plants.   

A plant is native to NSW if it was established in NSW before European settlement.

Can I remove a tree that may be a safety risk following a bushfire?

You may lop parts of the tree that are damaged by fire where it does not kill the tree, without approval from Local Land Services.  

You may also clear native vegetation, including trees, considered reasonably necessary to remove or to reduce an imminent risk of serious personal injury or damage to property. Imminent risk is taken to mean ‘an immediate danger to persons or property’.

An example of the use of the imminent risk allowable activity would be felling trees (or lopping branches) that have burnt as a result of bushfire. These burnt trees and branches may be in danger of falling and causing serious injury or property damage.

Clearing must be undertaken to the minimum extent necessary and must be undertaken in a manner that minimises the risk of soil erosion.  

Clearing for a firebreak is not imminent risk and may be conducted under other provisions of the Local Land Services Act 2013.  

Options for managing woody native regrowth and for thinning native vegetation following a bushfire are covered by the usual land management rules under the Land Management Framework.

What can I do to ‘clean up’ burnt vegetation including fallen timber following a bushfire?  

You may remove any timber that has fallen and is on the ground, without approval from Local Land Services.  

You may also remove any tree that is still standing if it is reasonably necessary to remove or reduce an imminent risk of serious personal injury or damage to property, as outlined above. 

You may lop parts of the tree that are damaged by fire where it does not kill the tree, without approval from Local Land Services.  

A tree that is burnt but alive and does not pose an imminent risk is subject to the usual land management rules. 

Can I remove standing ‘dead’ vegetation?  

You may remove a tree if it is reasonably necessary to remove or to reduce an imminent risk of serious personal injury or damage to property.  

In non-emergency situations and where there is no risk to people or property, the usual land management rules apply.  

If a dead tree is on vulnerable regulated land (for example, on a steep slope or in a riparian zone), approval may be required to remove it. You should seek advice from your nearest Local Land Services office.  

You are encouraged not to clear ‘dead’ trees until you are sure the trees will not naturally regenerate. This can take months depending on weather conditions. Most native vegetation is well adapted to survive fire, especially mature Eucalypt species.  

You can arrange for a property visit from Local Land Services officers for advice or support. 

Can I clear burnt groundcover?  

Where native groundcover has been burned, you are required to give it an opportunity to regrow.  

Burning is not considered authorised clearing. 

Burnt groundcover is subject to the usual land management rules. 

If groundcover was native vegetation prior to burning, approval may be required to clear.  

Read more about managing native groundcover. 

What if I need to clear non-burnt vegetation to get to an area impacted by the fire?  

You can clear a track on your property, to the minimum extent necessary, without needing approval.  

Maximum track widths apply: 

• 15 metres in the Coastal Zone
• 30 metres in the Central Zone
• 40 metres in the Western Zone. 

Read more about allowable activities.  

What can I do with native vegetation following a bushfire if my property is not zoned rural?  

Landholders in non-rural areas should contact their local council to conduct an inspection of the affected vegetation.