Key messages

  • Native vegetation and wildlife are protected in Victoria
  • Cemetery trusts may require permits to remove or maintain native vegetation.
  • The Department of Environment, Land, Water and Planning can provide further detail about necessary permits.
  • Cemetery trusts must be aware of their obligations under relevant legislation.

Some of the legislation relevant to cemeteries is:

  • Cemetery and Crematoria Act 2003
  • Flora and Fauna Guarantee Act 1988
  • Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act)
  • Planning and Environment Act1987
  • Heritage Act 1995
  • Catchment and Land Protection Act 1994
  • Wildlife Act 1975.
  • Victorian Flora and Fauna Guarantee Act 1988 and the Wildlife Act 1975

Where trusts believe there is a need to clear native vegetation or remove trees they need to contact the Department of Environment, Land, Water and Planning (DEWLP). The former Department of Sustainability and Environment (now DEWLP) produced a pamphlet specifically relating to cemeteries and native vegetation. This document will be updated once the Victorian Government completes its review of the native vegetation permitted clearing regulations. Please refer to the downloads.