

BY ANDREA KELLETT
2 Nov 2009
THE State Government has taken unprecedented action to give Frankston landowners the power to clear fire hazards near their houses without a permit.
Local Government Minister Richard Wynne revoked Frankston Council’s tree protection local law last Tuesday on the eve of Victoria’s bushfire season.
That means the local law no longer applies and the Government’s new land-clearing law - the 10/30 Right - is now in place in Frankston.
But the council is already making plans to restrict that power to residents in what it considers fire-prone areas of the municipality.
It follows a two-month battle between Environment Minister Gavin Jennings and the council over its refusal to adopt the 10/30 Right.
Mr Wynne’s office said this was the first time the minister had revoked a local law.
Spokesman Dan Ward said: “This government has never used this provision before.
“Frankston Council wasn’t willing to accommodate the 10/30 Right so we’ve had to take this action.”
Mr Jennings’ planning amendment was introduced in August, allowing landowners in bushfire-prone municipalities to clear trees within 10m of their homes and vegetation within 30m without a permit.
The trees and vegetation must pose a bushfire risk.
But Frankston refused to adopt it, insisting its local law prevailed and that residents must have a permit to cut down large trees.
It now wants to bring in a new, “adjusted” tree protection local law.
Aacting CEO Ossie Martinz said: “A local law, adjusted in line with 10/30 to exempt those whose property is at risk from bushfire, will be put before the council as soon as possible.
“If council approves, then the mechanisms to introduce the adjusted law will be put in place immediately.”
Mr Jennings said it was time the council put the safety of the community ahead of trees.
“The council’s local tree protection law was confusing for the residents of Frankston, many of whom are extremely concerned about the upcoming fire season,” he said.
Council officers are working to put a motion together in time for tonight’s council meeting.
http://frankston-leader.whereilive.com.au/news/story/frankston-council/
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