The Natural Assets Local Law 2003 (NALL) is a local law made by Brisbane City Council (Council) that regulates the protection and management of natural assets across Brisbane, particularly vegetation and ecological features that contribute to biodiversity, landscape character and environmental health. Damaging or removing protected vegetation without a permit can lead to fines or enforcement orders.
The NALL applies in addition to, and complements other legislation, such as the Planning Act 2016 and the Vegetation Management Act 1999, and may apply independently of development approval requirements..
Key objectives of the law include:
- protecting the biodiversity values of the city including, but not limited to, the habitat and ecological requirements of native flora and fauna;
- preserving natural landforms such as waterways, wetlands, bushlands, ridgelines and steep slopes; and
- facilitating the retention of the historical and cultural values of the city by restricting indiscriminate clearing of vegetation.
The Natural Assets Local Law protects different categories of vegetation and natural assets, including:
- Significant native vegetation mapped for its ecological importance.
- Vegetation on land owned, controlled or managed by Council, such as street trees and parks
- Significant urban vegetation on private property including vegetation protected under defined statutory categories such as Significant Landscape Trees or vegetation otherwise lawfully protected under the NALL.
- Vegetation in and around mapped waterways and wetlands.
Vegetation Protection Orders
A Vegetation Protection Order (VPO) is a formal notice issued by the Council under the NALL, issued to protected vegetation that Council considers to be of significance, at risk of being damaged or subject to investigation. A VPO can cover a single tree, a group of trees or other vegetation on either private property or Council land.
A VPO can be either temporary or ongoing, and some are later replaced by permanent protection through mapping or planning controls. Generally speaking, once a VPO is issued its enforceability depends on it being validly made and properly notified to affected landowners in accordance with the NALL. A VPO may continue to apply to land over time and it runs with the land and not with title, therefore, it stays in place even when the property is sold.
It is the obligation of the Council to notify affected landowners when a VPO is issued. Usually, the notice will contain a period of time for the landowner to make submissions against the implementation of the VPO. Whether a VPO is enforceable can depend on whether this notification has lawfully occurred.
Undertaking works or wanting to interfere with protected vegetation?
If you want to interfere with protected vegetation, you will generally need to obtain a permit from Council (although there are some built in statutory exceptions which allow work to be done without a permit).
For example, the Natural Assets Local Law contains exemptions for certain types of “garden vegetation”. Garden vegetation generally refers to vegetation that has been planted and maintained as part of a residential garden or landscaped area, rather than naturally occurring or remnant vegetation. In some circumstances, garden vegetation may be exempt from permit requirements where it falls below prescribed size thresholds or does not meet the statutory criteria for protected vegetation.
Whether an exemption applies will depend on the specific facts, including the species of vegetation, its size (measured in accordance with the Local Law), its location on the property, and whether it meets the definition of protected vegetation under the NALL. Importantly, the existence of an exemption must be assessed by reference to the Local Law itself, rather than by assumption or mapping alone.
Council assesses applications on a case by case basis and in some circumstances may impose conditions such as replacement planting or other environmental offsets.
If you’re planning on undertaking development or building work, you should identify protected vegetation in the initial stages, as it may impact your proposed project.
How to check for protected vegetation.
The Council website contains tools and maps to identify protected vegetation and assist property owners in understanding whether they need a permit, including:
- Protected Vegetation Online Enquiry Tool; and
- Mapped datasets for each vegetation category.
Milne Legal can assist you with, and advise in relation to, your town planning and environmental law matters. If you would like to get in touch, please contact our office on (07) 3210 0943 or email us at admin@milnelegal.com.au.
This publication is general in nature. Its content is current at the date of publication. It does not constitute legal advice, and you should always seek legal advice based on your particular circumstances prior to making any decisions relating to matters covered by this publication. Certain details may have been sourced from external references, and we cannot assure the accuracy or timeliness of such information.