ENVIRONMENTAL LEGISLATION AND GOVERNMENT POLICY

Environment Protection and Biodiversity Conservation Act 1999

The Environment Protection and Biodiversity Conservation (EPBC) Act 1999  establishes a Commonwealth process for assessment of proposed actions that are likely to have a significant impact on matters of national environmental significance, or on Commonwealth land. An action (i.e. project, development, undertaking, activity, or series of activities), unless otherwise exempt, requires approval from the Commonwealth Environment Minister if they area likely to have an impact on any matters of national environmental significance. A referral under the EPBC Act is required if a proposed action is likely to have a ‘significant impact´ on any of the following matters of national conservation significance:

About the Environment Protection and Biodiversity Conservation Act 1999.

Flora and Fauna Guarantee Act 1988

The primary legislation for the protection of flora and fauna, including fish, in Victoria is the Flora and Fauna Guarantee (FFG) Act 1988.  The Act builds on broader national and international policy in the conservation of biodiversity. The broad objectives of the FFG Act are to; 1) ensure native flora and fauna survive, flourish and maintain in situ evolutionary potential, 2) manage threatening processes, 3) encourage the conserving of flora and fauna through cooperative community endeavors, and 4) establish a regulatory structure for the conservation of flora and fauna in Victoria. The Act contains protection procedures such as the listing of threatened species and/or communities of flora and fauna, and the preparation of action statements to protect the long-term viability of these values.

About the Flora and Fauna Guarantee Act 1988.

Planning and Environment Act 1987

The State section of all planning schemes in Victoria contain provisions to regulate the clearing of native vegetation, including treeless vegetation, on land holdings of greater than 0.4 ha in one or more adjacent titles. Except for certain exemptions, a permit is required from the local government authority to remove, destroy or lop native vegetation. Applications to clear more than 10 hectares of native vegetation and applications to clear vegetation on roadsides must also be referred to DSE under the ‘native vegetation retention amendment´ to the Planning and Environment Act 1987.

Catchment and Land Protection Act 1994

The Catchment and Land Protection Act 1994 contains provisions relating to catchment planning, land management, noxious weeds and pest animals. This Act provides a legislative framework for the management of private and public land and sets out the responsibilities of land managers, stating that they must take all reasonable steps to:

Essentially, the Act establishes a framework for the integrated management and protection of catchments, and provides a framework for the integrated and coordinated management, which aims to ensure that the quality of the State´s land and water resources and their associated plant and animal life are maintained and enhanced.

Wildlife Act 1975

The Wildlife Act 1975 is the primary legislation in Victoria providing for protection and management of wildlife. The Act requires people engaged in wildlife research (e.g fauna surveys, salvage and translocations activities) obtain a permit under the Act to ensure that these activities are undertaken in a manner consistent with the appropriate controls.

Victoria´s Native Vegetation Management Framework - A Framework for Action

Victoria´s Native Vegetation Management Framework is a recent policy that aims to assist the Department of Sustainability and Environment and Councils to develop appropriate responses to land use or development proposals that involve the removal of native vegetation. It has been implemented through the Planning and Environment Act 1987 under Amendment VC 19 to the Victoria Planning Provisions in July 2003, and has the primary objective of reversing the trend in the removal and decline of native vegetation, leading to a ‘Net Gain’ in the extent and quality of native vegetation throughout Victoria. Clauses 15.09 and 52.17 of Victorian Planning Provisions establish the goal of ‘Net Gain’ as an important decision guideline and applies to parcels of land over 0.4 hectares across all municipalities throughout the state. The policy is also applicable to land with particular Planning Scheme Overlays such as a Vegetation Protection Overlay (VPO), Landscape Protection Overlay (LPO), or an Environmental Significance Overlay (ESO).

The Framework provides guidance on the approach to quantifying vegetation, the likely responses to planning applications to clear native vegetation, and if vegetation clearance is permitted, the off-sets required by proponents to achieve a Net Gain. Clause 15.09 expressly promotes the goal of Net Gain by applying a three-step approach:

1. Avoid adverse impacts, particularly native vegetation clearance;
2. If impacts cannot be avoided, minimise impacts through appropriate consideration in planning processes and expert input into project design or management; and
3. Identify appropriate offset options.

Achievement of Net Gain goal has benefits for biodiversity, land and water quality, and climate change amelioration, and losses and gains can be determined by a combined quality quantity measure known as the 'habitat hectare' approach over a specified area.

Habitat hectare is a site-based measure of quality and quantity of native vegetation assessed in the context of a specific Ecological Vegetation Class (EVC). Native vegetation at a site is assessed by comparing it to a known EVC benchmark. For instance, one hectare of remnant native vegetation which represents 100% of its natural quality will equal one habitat hectare, while 10 hectares of superficially unchanged native vegetation would equate to 10 habitat hectares, and so on (i.e. quality multiplied by the quantity). If an area of natural habitat represents 30% of its EVC benchmark due to threatening processes (e.g. weed invasion, loss of understorey) then the habitat hectare score would be equivalent to 0.3 habitat hectares.

Net Gain also applies to trees in term of their retention and/or offset for permitted tree removal in a particular EVC.

Ecology Partners is highly skilled in the interpretation and application of environmental legislation and the Native Vegetation Management Framework, and has practical experience with the habitat hectare methodology and reporting requirements. The close working relationship we have with our clients and relevant planning authorities will, where possible, strike a balance between the long-term protection and management of remnant native vegetation and development.

Please contact us if you require further information on relevant environmental legislation and the State Government's Native Vegetation Management Framework.