NEW laws that allow some residents to chop down trees to protect their properties against bushfire have been scaled back while the legislation is under review.
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The Rural Fires Amendment (Vegetation Clearing) Act 2014 No 32 and the 10/50 Vegetation Clearing Code is being reviewed by the NSW Rural Fire Service (RFS) and the NSW Department of Planning and Environment after backlash from local councils.
Last week the review panel temporarily reduced the maximum buffer zone from 350 metres to 150 metres.
The buffer zone depends on a property's bushfire risk.
The laws entitle residents on RFS-approved 10/50 Vegetation Clearing Entitlement Land to clear trees within 10 metres of their property and shrubs within 50 metres.
Trees outside this area can only be felled with RFS approval.
The legislation was introduced by the state government and the NSW Rural Fire Service (RFS) respectively on August 1 in the wake of the October 2013 bushfires that scorched parts of Lake Macquarie.
When the review went before Lake Macquarie council last month, councillors were divided on the matter.
A council report said 92 per cent of properties in the city were likely to fall within the clearing entitlement area.
Mayor Jodie Harrison said this could substantially change the look of Lake Macquarie.
Councillor Jason Pauling disagreed.
"If I was a landowner and felt the need to defend my property [against bushfire], I'd like to have the right to do that," he said.
However, councillors ultimately voted to lodge a submission outlining their opposition to the scheme.
Last week, the council issued a statement saying the RFS had made a "sensible" decision about the buffer zones.
"The recently announced changes are a move in the right direction and the RFS should be commended," the statement said.
"A proper long-term approach should include the independent assessment of bushfire hazard in individual situations so that vegetation is managed to minimise hazard, be it more or less than the 10/50 rules permit."
Review praised by fortunate couple
BUSHFIRES that ripped through Lake Macquarie in October 2013 are imprinted in many residents' memories.
The Davies were evacuated and believed their Nords Wharf home would be destroyed by the firestorm.
But with a stroke of luck and dedication from frontline firefighters, the fire was extinguished about five metres from their property.
"We expected to come back to nothing," Michael Davies said.
"We never want to go through that again."
New tree-clearing laws have given Mr Davies and his wife Margaret hope.
The NSW Rural Fire Service and the NSW government's 10/50 Scheme affects the Davies.
They are entitled to clear trees in their yard under the scheme, despite last week's reduction in the buffer zone while the legislation is under review.
Although they are relieved to be able to take measures to protect their property against bushfire in the future, Mrs Davies said the scheme was "overkill" and commended the review.
"There are a lot of homes in residential areas [classed as clearing entitlement land] that aren't right in the bush and therefore don't need it," she said.
"People will take advantage of [the scheme] just to get a better view. They'll just think 'trees down' and down they'll come."
