Do You Need a Permit to Remove a Tree in the Colac Otway Shire?
If the tree is native, assume you need permission until council tells you otherwise. Native vegetation is protected in Victoria under Commonwealth, State and local legislation, and Colac Otway Shire's position is that the majority of vegetation in the shire is protected under its planning scheme. In practice, that means a planning permit is likely before native trees can be removed, and the shire runs a 'Call Before You Clear' campaign for exactly this reason.
That surprises a lot of landowners, especially on rural blocks where the tree is yours, on your title, and apparently in your way. And if the tree isn't native, you're still not automatically in the clear. Victoria brought in a separate set of protections for larger trees on residential land in September 2025, which we'll come to below.
Here's how the rules work, where the exemptions sit, and what an application involves.
What counts as native vegetation in Victoria?
More than you'd think. Under Victoria's rules, native vegetation isn't just trees: it includes native grasses, herbs and shrubs as well. So a patch of native grassland or scrub can be just as protected as a mature gum, and 'it's only a few bushes' is not a defence council accepts.
The protection exists because clearing has real downstream costs. Council points to erosion, salinity, landslips, poor water quality and habitat loss as the direct results of native vegetation removal across the shire, which stretches from Lake Colac down through the Otways to the coast.
When you need a planning permit in the Colac Otway Shire
Colac Otway Shire's guidance is that most vegetation in the shire is protected under the planning scheme, which means it's likely you'll need to apply for a planning permit if you intend to remove native vegetation. The safest first step is a phone call. Council asks landowners to speak to its Environment and Planning departments on 03 5232 9400 before removing anything native.
That call costs nothing and can save you an enforcement headache. If you see someone else clearing in a way that could breach the planning scheme, council asks that you report it on the same number.
Overlays can change the rules on your block
Planning overlays are extra layers of control that apply to specific land, and two matter a lot for tree work in this shire. If your property sits within a Vegetation Protection Overlay, any application to remove native vegetation must be referred to the state environment department for comment, and council suggests talking to the department before you even lodge if the clearing is significant. If your land is within an Erosion Management Overlay, no vegetation removal or earthworks can happen at all without a permit, because those slopes carry landslide risk.
You can check which overlays apply to your property through council's maps and overlays service, or simply ask when you call. Don't guess. The overlay, not the tree, often decides the outcome.
Large trees on residential land have their own rules
Since 15 September 2025, Clause 52.37 of the planning scheme has protected larger trees on residential land right across Victoria. It works differently to the native vegetation controls in two ways worth knowing about.
It goes by size rather than species. A tree is caught if it's more than 5 metres tall, has a trunk circumference over 0.5 metres measured 1.4 metres above the ground, and a canopy at least 4 metres across. An old cypress or a liquidambar counts just as much as a gum.
And it only applies to residential and township zoned land, with the Low Density Residential Zone left out. So this is the clause that matters on a block in Colac, Elliminyt or one of the coastal towns, rather than on farming or rural living land. Whether a permit is triggered depends on the block. Where a house is already there, the rules catch trees within 6 metres of your narrowest street frontage or 4.5 metres of your rear boundary. On vacant land they catch every large tree on the site. If a permit is granted, council will usually want replacement planting to make up the canopy that comes out.
Same advice as always. Ring council and ask before you book the job in.
Are there exemptions?
Yes, but they're conditional, and this is where people get into trouble.
Bushfire is the big one. Clause 52.12 of the planning scheme sets out the exemptions commonly known as the 10/30 and 10/50 rules, which in designated bushfire prone areas can allow clearing of trees close to an existing dwelling and fine fuel further out, plus limited clearing along fence lines. Whether your property qualifies depends on its zoning, overlays and the age and position of the buildings.
Dead and hazardous trees are the other grey zone. A dead tree is exempt from the canopy tree permit requirement, and where a tree presents an immediate risk of injury or property damage you can deal with the part causing that risk. Neither is a free pass, and dead is not the same as declining. A photo record plus an arborist's assessment before any cutting is the difference between a defensible decision and an enforcement letter. Our advice on every job is the same as council's: confirm first, cut second.
Light pruning sits outside the canopy tree rules as well, as long as you take no more than a third of the foliage and leave the trunk alone.
How to apply for a native vegetation removal permit
Applications go to council's Planning Department on the standard planning permit application form, available from council offices or its website. Council expects supporting information with the application, including:
• The total area of the property, the area of native vegetation on it, and the area proposed for removal (in hectares)
• The total number of trees proposed for removal, and the ecological vegetation classes if known
• Why the clearing can't be avoided, and what you've done to minimise it
• How you'll offset the clearing, for example through fencing, weed control or revegetation on the property
Once lodged, council assesses the vegetation, usually with a site visit, and decides against the planning scheme guidelines and any referral authority recommendations. Larger clearing proposals need more supporting information, which is where a written arborist's report earns its keep.
A canopy tree application on residential land asks for different things, including a plan or photos of the trees involved and details of any replacement planting. If your case rests on the tree being unhealthy or unstable, council wants a written assessment from a suitably qualified person, not your read on it.
What happens if you clear without a permit?
Unpermitted clearing of protected vegetation is a breach of the planning scheme, and council actively investigates reports of it. At minimum you're looking at an enforcement process and potential requirements to offset or revegetate what was removed. Weigh that against a phone call and a permit application, and the paperwork wins every time.
Frequently Asked Questions
Do I need a permit to cut down a tree on my own property?
Quite possibly. Ownership of the land doesn't exempt the tree. Most of the shire's native vegetation is protected under the planning scheme regardless of whose title it sits on, and on residential land in town the canopy tree rules can catch a large tree of any species. Call council on 03 5232 9400 before removing anything.
What if the tree is dead or dangerous?
A dead tree is exempt from the canopy tree permit requirement, and a tree presenting an immediate risk to people or property can be dealt with straight away, though only the part causing that risk. Don't treat either as a blanket free pass. Get photos and an arborist's written assessment before any work, then confirm with council what's allowed. That record protects you if the removal is ever questioned.
Do the native vegetation rules cover exotic trees like pines and cypress?
The native vegetation controls target indigenous species, so an exotic pine or cypress usually isn't caught by them. That doesn't mean it's unprotected. On residential land the canopy tree rules go by size rather than species, and heritage or significant landscape overlays can apply to specific properties. A quick call to council is still worthwhile before removing any large tree.
Who is responsible for getting the permit, me or the arborist?
The property owner. Tree companies can advise, supply reports and flag when a job clearly needs approval, but the legal responsibility for holding the right permit sits with the landowner. Any operator who says 'don't worry about the permit' on a protected tree is handing you their risk.
Is there a permit for pruning rather than removing?
Pruning is treated more leniently than removal. Light maintenance work that takes no more than a third of the foliage and leaves the trunk alone generally won't need approval, but on protected vegetation and overlay affected land even lopping can need a permit, particularly if it's severe enough to destroy the tree. Describe exactly what you're planning when you call council and they'll tell you whether the works trigger a permit.
Not sure where your tree stands? Call Colac Trees on 0488 553 650. We can't issue permits, but we work with these rules every week across the Colac Otway Shire and can tell you what your job is likely to involve before you ring council.
