VICTORIA'S aerial attack on locusts will be stymied by a council ruling farmers must obtain a permit before helicopters land on their properties.

The Colac Otway Shire has told Irrewarra farmer John Martin he must obtain a helipad permit before allowing his brother Robert, who owns Otway Helicopters, to land on his property near Colac.

John said the decision had major implications for all Victorian farmers who must obtain permits before helicopters could spray their properties for locusts and other pests.

The council told the Martins its hands were tied by the Victorian Planning Provisions which demanded a permit.

A spokesman for Planning Minister Justin Madden admitted a permit was required, but said one could be granted "swiftly upon application to the council".

However the Martins said the system was unworkable, given they had been negotiating since August 11 to determine if they could even obtain a permit from the Colac Otway Shire.

"They want to know how often we've used the helicopter in past, times, dates, flight directions," John said.

"What happens if Robert receives a phone call from a farmer who wants locusts sprayed?

"He has to tell them they have to get a permit before he can land. What happens if it's late Friday afternoon or the weekend?"

Shire planning manager Jack Green said a permit only applied to a specific property, forcing the Martins to obtain separate helipad permits for each of John's five properties.

Victorian Opposition transport spokesman Terry Mulder said a Coalition Government would immediately change the rules to exempt farmers from obtaining a helipad permit for agricultural purposes.

"I think the minister needs to step in and clarify the legislation," Mr Mulder said.

Robert, who is registered to spray locusts this spring, said the permit requirements failed to recognise helicopter pilots had to operate from the property they were spraying.

He said the high cost of running a helicopter meant pilots had to refill their spray tanks, up to a dozen times, on the farm they were spraying, instead of ferrying chemicals from a distant site.

The Victorian Civil and Administrative Tribunal has defined a helipad as a property where a helicopter lands more than once.