LOCAL Government Minister Richard Wynne has stepped in to end a stand-off with Frankston Council by revoking its local tree law.
The two levels of government clashed when the state introduced the so-called '10/30' right that allowed landowners to help bushfire-proof their properties by clearing trees and vegetation, while the council said this could only be done with a permit. The Government last Tuesday took the drastic measure of revoking the council's tree protection law after becoming frustrated by Frankston's refusal to abandon it.
It was the first time the Government had exercised its right to repeal a local law since coming to power in 1999.
On advice from its lawyers, Frankston had been arguing that its tree law superseded the Government's new bushfire prevention laws because they were contained in the Local Government Act, and not the planning scheme like every other Victorian council.
The council's acting chief executive Ossie Martinz says there is no need for clearing in suburban Frankston and the council will look at redrafting the law so it complies with state legislation.
He says the Government's advice on removing vegetation is clear and that residents should not abuse the new laws.
"The State Government's advice states clearly that people who live in a suburban area away from forest or other types of unmanaged vegetation do not need to clear trees or vegetation under 10/30, which is designed for properties that are at 'sufficient risk' from bushfire," Mr Martinz said. "Our advice to residents is they should contact the council if they feel their property is genuinely at risk.
"A local law, adjusted in line with 10/30 to exempt those whose property is at risk from bushfire, will be put before council as soon as possible.
"If council approves then the mechanisms to introduce the adjusted law will be put in place immediately."