Victoria: Overview of new NVR

RefoRms to VictoRia’s

natiVe Vegetation peRmitted

cleaRing Regulations

Overview

May 2013

Published by the Victorian Government Department of Environment and Primary Industries Melbourne, May 2013

© The State of Victoria Department of Environment and Primary Industries 2013

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Cover images: Mallee, Donkey Orchid, Red Gums, Victoria

Page i RefoRms to VictoRia’s

natiVe Vegetation peRmitted cleaRing Regulations

CONTeNTS

Minister’s foreword 2

1. review of victoria’s native vegetation permitted clearing regulations 3

2. reform package 4

3. implementation schedule 6

3.1 Priority reforms 6

3.2 Supporting reform 1 – Define state and local government regulatory and planning roles 8

3.3 Supporting reform 2 – Better regulatory performance 9

3.4 Supporting reform 3 – Improve offset market functionality 10

3.5 Supporting reform 4 – New approaches to compliance and enforcement 11

3.6 Supporting reform 5 – Continuous improvement program 12

RefoRms to VictoRia’s natiVe Vegetation peRmitted cleaRing Regulations

MiNiSTer’S fOrewOrd

Victoria’s native vegetation plays an important role in maintaining our precious biodiversity.

The state’s native vegetation permitted clearing regulations ensure impacts on

biodiversity are considered when decisions regarding land use change and development are made.

Last year, the Victorian Government confirmed the important role the permitted clearing regulations play in protecting biodiversity and identified a range of reform directions that would improve their operation.

It gives me great pleasure to release Reforms to Victoria’s native vegetation permitted clearing regulations – the final approach to how we will regulate permitted clearing in Victoria.

The reforms recognise that regulation is most effective when it is grounded by clear objectives, is appropriately designed and can be easily understood by landholders and the community.

These new regulations provide greater focus on managing risks to important biodiversity assets and ensure the assessment and decision making process is guided by risk and impact. The reforms are designed to deliver better targeted environmental outcomes at lower costs to the community.

Feedback from the community on the reform package has been an important part of the process and I would like to thank everyone for their valuable contribution. I look forward to working with the community on implementation.

These important reforms are part of the Victorian Government’s commitment to improving our performance as an environmental regulator – for stronger environmental outcomes for all Victorians.

The Hon ryan Smith MP Minister for Environment and Climate Change



In September 2012, the Victorian Government announced a review of Victoria’s native vegetation permitted clearing regulations. The aim of the review was to improve and strengthen the regulatory system to deliver better outcomes for the environment and the community.

As a result of the review, reforms to the native vegetation permitted clearing regulations will be implemented. These will ensure:

> a stronger focus on the value of native vegetation for statewide biodiversity

> reduced regulatory burden for landholders while at the same time providing upfront information about the value of native vegetation on their land

> improved decision making.

As part of the review process, the Minister for Environment and Climate Change, the Hon Ryan Smith MP, released the public consultation paper Future directions for native vegetation in Victoria – Review of Victoria’s native vegetation permitted clearing regulations. The consultation paper outlined the proposed reforms and sought feedback from stakeholders and the community about issues with the current permitted clearing regulations, as well as issues related to implementing the proposed reforms.

A response to key issues raised during the consultation process, including issues raised in submissions to the consultation paper, has been prepared. This document Reforms to Victoria’s native vegetation permitted clearing regulations – Summary of consultation process is available at www.depi.vic.gov.au/nativevegetation.

The Victorian Government has finalised the details of the reforms and is proceeding with their implementation. The four priority reforms are:

> clarify and amend the objective of the permitted clearing regulations

> improve how the biodiversity value of native vegetation is defined and measured

> improve decision making

> ensure offsets provide appropriate compensation for the environment.

To support the implementation of the priority reforms, five supporting reforms will also be implemented. These reforms are:

> define state and local government regulatory and planning roles

> better regulatory performance

> improve offset market functionality

> new approaches to compliance and enforcement

> continuous improvement program.

This document outlines the schedule for implementation of reforms to the native vegetation permitted clearing regulations. It provides a description of the documents that have been released publicly, as well as the timing for further release of related documents. The reforms will commence following amendments to the Victoria Planning Provisions in September 2013.

1. review Of viCTOria’S NaTive vegeTaTiON PerMiTTed CleariNg regulaTiONS


Implementation of the reforms will be a staged approach. To facilitate implementation of the four priority reforms, key regulatory documents and information tools have been released. Further guidance will be released ahead of the amendments to the Victoria Planning Provisions.

The documents and biodiversity information tools summarised below are available at www.depi.vic.gov.au/nativevegetation.

Amendments to the Victoria Planning Provisions

This document sets out the proposed changes to the clauses in the Victoria Planning Provisions (VPP) that are required to implement the reforms to the native vegetation permitted clearing regulations. Only the clauses in the VPP that are to be amended are included in this document. The clauses proposed to be amended are:

> 12.01 Biodiversity (State Planning Policy Framework)

> 52.16 Native vegetation precinct plan

> 52.17 Native vegetation

> 66.02 Use and development referrals

> 81.01 Table of documents incorporated in this scheme

This document includes an explanation of the amendments and how they have been designed to implement the reforms.

Permitted clearing of native vegetation – Biodiversity assessment guidelines

These guidelines support the biodiversity assessment of applications for planning permits to remove native vegetation. These will replace Victoria’s Native Vegetation – A Framework for Action as an incorporated document in Victorian planning schemes.

Native vegetation gain scoring manual

This manual outlines the steps taken to measure the gains in the contribution to Victoria’s biodiversity made by native vegetation offsets. This measurement is called gain scoring. Offsets are required to compensate for the permitted removal of native vegetation. This manual will replace the Vegetation Gain Approach.

Biodiversity information tools used in native vegetation decisions – Explanatory document

This document explains the biodiversity information tools that support the application of the native vegetation permitted clearing regulations. It describes what these tools measure, the data inputs they are based on, and a brief introduction to the methodology of their development.

2. refOrM PaCkage



Biodiversity information tools

The biodiversity information tools released are summarised in Table 1.

Table 1: Biodiversity information tools used to support the application of the native vegetation permitted clearing regulations

information tools description

Native vegetation location risk map

A map which outlines risk categories based on rarity and depletion of biodiversity values at a location. This is one input to determine the risk-based pathway.

Native vegetation extent mapA map that indicates areas of land covered by native vegetation in Victoria.

Native vegetation condition map

A map that indicates how close the native vegetation in Victoria is to its mature natural state, as represented by a benchmark reflecting pre-settlement circumstances.

Strategic biodiversity mapA map that indicates the relative value of a location in the landscape with regard to its condition, extent, connectivity and the support function it plays for species.

Habitat importance maps for rare or threatened species

Maps that indicate the relative importance of locations as habitat for a particular rare or threatened species.


This schedule outlines the timing of implementation of reforms to the native vegetation permitted clearing regulations.

Documents which have been released are now publicly available at www.depi.vic.gov.au/nativevegetation.

3.1 Priority reforms

Table 2: Priority reforms implementation schedule

Task Purpose Timing

release proposed amendments to victoria Planning Provisions:

> relevant clauses

> incorporated document: Permitted clearing of native vegetation – Biodiversity assessment guidelines

To make changes to the Victoria Planning Provisions (VPP) required to implement the reforms to the regulations. This includes a new incorporated document to guide how biodiversity should be considered when assessing a permit to remove native vegetation.

Released

To be incorporated into the VPP for commencement September 2013

release biodiversity information tools:

> Native vegetation extent map

> Native vegetation condition map

> Strategic biodiversity map

> Habitat importance maps

> Native vegetation location risk map

Provide biodiversity information tools to support application of the permitted clearing regulations.

Released

release Native vegetation gain scoring manual

Provide detail on updated methodology for gain scoring for offset sites.

Released

release Application for a permit to remove native vegetation – Biodiversity assessment handbook

Provide technical detail and guidance for decision makers when assessing permits to remove native vegetation.

Finalised by September 2013

release application for a permit to remove native vegetation – Permit applicant’s guide

Provide guidance for permit applicants on the permit application process and the application requirements.


3. iMPleMeNTaTiON SCHedule



Task Purpose Timing

Provide training to permit decision makers on the reformed regulations

Ensure decision makers understand changes in the application of the regulations and that they implement the reformed system consistently and effectively.

June – September 2013

release biodiversity assessment tool

To provide a tool to support landholders and decision makers in determining biodiversity value and regulatory requirements relating to an application to remove native vegetation.


release revised Habitat hectares manual and update the gain scoring manual to reflect changes.

Provide the technical approach to determine the condition score and the habitat hectares of native vegetation.

Finalised by December 2013

Provide updated training for native vegetation assessors

Provide training on the updated habitat hectare assessment method.

August – December 2013

release Application for a permit to remove native vegetation – Site assessment guidelines

To set out the requirements for the content of a site assessment report, including the specific requirement for moderate and high risk applications.


update precinct planning guidelines

Provide up to date guidance regarding the application of land use planning tools for native vegetation protection.


update MOus with government agencies

Ensure MOUs reflect reformed regulations.

Finalised by June 2014


3.2 Supporting reform 1 – Define state and local government regulatory and planning roles

Local government plays an important role in achieving the objective of the permitted clearing regulations. They are responsible for setting directions for land use and development within their local area, and assessing the majority of permits to remove native vegetation.

More recently, local governments have also expanded their role in the native vegetation regulatory system by providing over-the-counter offsets for the removal of native vegetation.

Supporting reform 1 aims to clarify the roles and responsibilities of state and local government in order to work together to deliver the proposed reforms. This includes training to support the application of the permitted clearing regulations; updating existing arrangements for the management of native vegetation on council property; and guidance to assist with the consideration of biodiversity in strategic planning processes.

Table 3: Supporting reform 1 implementation schedule

Task Purpose Timing

Provide training to local government on changes to the permitted clearing regulations

Ensure decision makers understand changes in the application of the regulations and that the reforms are implemented consistently and effectively.

June – September 2013

update memorandum of understandings (MOus) with local government and public land managers

Update MOUs to reflect changes to regulations and ensure they clearly define roles, responsibilities and accountabilities in relation to the native vegetation permitted clearing regulations.

Completed by June 2014

work with local governments to develop an approach for the use of overlays for biodiversity objectives

Improve clarity and accountability in the application and assessment of permits to remove native vegetation where a relevant overlay exists.


update the vPP Practice Note – Biodiversity

Provide up to date guidance regarding the application of land use planning tools for protection and management of biodiversity assets.

Completed by December 2013



3.3 Supporting reform 2 – Better regulatory performance

This reform aims to ensure quality, proportionality and transparency of the native vegetation regulatory system. Systems and processes will be updated to better monitor regulatory performance.

This includes increasing the use and usability of data management systems and consolidating guidance material. Broadening regulatory performance indicators will also enable improved accountability and public reporting.


Task Purpose Timing

update and consolidate guidance material not addressed in the priority reforms

Consolidate and improve consistency of guidance material to enhance usability.


update systems to manage and monitor regulatory performance

Improve use and usability of regulatory monitoring systems.


develop a new framework to transparently report on the performance of the regulatory system

Review and update performance and improve public reporting of native vegetation removal and offsetting.


implement internal quality assurance processes

Ensure regulations are being applied consistently.


introduce legislation to support the functioning of the offset market

Support offset market function through the creation of a legislative framework for the operation of the native vegetation credit register.



3.4 Supporting reform 3 – Improve offset market functionality

New processes and guidance materials are required to implement policy changes to improve the functionality of the offset market. These changes are designed to enhance offset market functionality through improved competition and increased flexibility of how offsets can be provided.

Measures to facilitate this include increased information availability and the provision of a broader range of offsetting options. This reform includes the expansion and improvement of over-the-counter offset programs, and the development of an integrity framework for offsetting on public land.


Task Purpose Timing

release guidance for property vegetation plans

To assist the Department of Environment and Primary Industries (DEPI) and landholders in developing and preparing property vegetation plans in line with the requirements of the new system.

September 2013

release native vegetation credit transition plan

Outline plan for transitioning existing native vegetation credits to the new system.

September 2013

release guidance for over-the-counter programs

To provide guidance to support the increased role of over-the-counter offset programs, including outlining minimum standards for their functionality and integrity.

September 2013

release updated BushBroker public information and guidance material

Update supporting information to reflect changes in offsetting rules and requirements.


develop a standard native vegetation management plan template for offset sites

Provide a formal, consistent approach for the development of native vegetation management plans for offset sites.


develop administrative approach for the removal of native vegetation on public land

Provide an appropriate and consistent approach for the administration of removal of native vegetation on public land.


develop integrity framework for offsetting on public land

Ensure transparency, accountability and additionality for offsetting on public land.




3.5 Supporting reform 4 – New approaches to compliance and enforcement

This reform aims to further strengthen compliance and enforcement which is central to the effectiveness of the native vegetation permitted clearing regulations. It is expected that reforms to these regulations will help to create incentives for landholders, and offset providers, to comply with the regulations.

The Department of Environment and Primary Industries (DEPI) will work with local government to develop a cost-benefit based compliance and enforcement strategy that ensures the obligations of the native vegetation permitted clearing regulations are being met.


Task Purpose Timing

develop compliance and enforcement strategy

Work with local governments to develop a cost-benefit based compliance and enforcement strategy that ensures the obligations of the permitted clearing regulations are being met.


implement compliance and enforcement strategy

Work with local government to implement the compliance and enforcement strategy.



3.6 Supporting reform 5 – Continuous improvement program

A continuous improvement program for the native vegetation permitted clearing regulations will be undertaken, including the following:

> DEPI working with the Commonwealth Government to ensure the interoperability of state and Commonwealth regulation, and to reduce regulatory burden

> a review of the exemptions from requiring a permit to remove native vegetation under the native vegetation permitted clearing regulations

> periodically reviewing and updating the biodiversity information tools, to reflect new data and information

> addressing any issues that emerge following implementation.

Processes will be implemented to manage periodical updates to information, and further work will be undertaken in relation to exemptions and interoperability between state and Commonwealth regulation.


Task Purpose Timing

release biodiversity information strategy, including process for updating spatial information

Set out process for periodic incorporation of new and improved information into models including species habitat, threatened status of species, threats to biodiversity, and impact of removal of native vegetation within and outside of the native vegetation permitted clearing regulations.


undertake review of exemptions for requiring a permit to remove native vegetation

Improve certainty, clarity and operability and ensure that exemptions are appropriate under the new system.


Seek accreditation of specific offset arrangement for purposes of the Environment Protection and Biodiversity Conservation Act 1999 where appropriate

Ensure interoperability of state and Commonwealth regulation.

Ongoing

update biodiversity information tools

Periodically incorporate new and improved biodiversity information into the tools.

Periodically

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Victoria: Overview of new NVR

Documents

Transcript of Victoria: Overview of new NVR