Frankston Council: residents will be prosecuted if they used the new law to clear for the wrong reasons.

 RESIDENTS and councils will be left to fight it out under the State Government’s new land-clearing law.

Councils could prosecute anyone suspected of using the new law as an excuse to clear their block.

The message follows a high-level meeting between the State Government and the Municipal Association of Victoria.

MAV chief executive Rob Spence said the meeting was prompted by the Leader’s coverage of confusion in Frankston about the new law, known as the “10/30 right”.

It allows landowners in 59 Victorian municipalities to clear trees within 10m of houses and all vegetation within 30m for bushfire protection.

Frankston Council exposed the confusion when it told residents they could be prosecuted if they used the new law to clear for the wrong reasons.

State Environment Minister Gavin Jennings’ spokesman Lyall Johnson said residents did not have to prove why they were clearing.

But under pressure he admitted councils could take matters into their own hands after the clearing had occurred. Mr Johnson said a new brochure would be loaded on to the government’s website soon to further “explain” the law.

Mr Spence said the confusion had finally been clarified.

“Basically, the rule brought in only applies to bushfire protection,” he said.

“If it doesn’t apply to bushfire protection then they have to apply for a permit.”

A Frankston Council spokesman confirmed that councillors’ decision to apply its local law instead of the State Government law still stood while they waited for legal advice.

http://frankston-leader.whereilive.com.au/news/story/frankston-residents-beware-new-tree-laws1/

Frankston residents beware new tree laws