Native Vegetation - Permit applicants
Native Vegetation Home
Introduction | Duty of Care | Planning Permit Requirements | Exemptions | What information must be provided with a permit application? | How can I avoid, minimise and offset? | Referred Guide | Property Vegetation Plans | Where can I get more information?
| Introduction Victoria’s native vegetation is protected by legislation. This section outlines the duty of care and planning scheme requirements. Check with your local council before starting any work that could impact native vegetation as a planning permit may be required. There may additional requirements under the State’s Flora and Fauna Guarantee Act 1988 and the Federal Environment Protection and Biodiversity Conservation Act 1999. Duty of care Duty of care is defined in the Catchment and Land Protection Act 1994. It states that in relation to his or her land (where land includes soil, water, vegetation and fauna on land) a landowner must take all reasonable steps to:
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Planning permit requirements Since 1989, people wanting to clear native vegetation must have a planning permit from their local Council, where the landholding is greater than 0.4 hectares. Exemptions from this requirement for a permit apply for some activities. These native vegetation retention controls are in Clause 52.17 of the Victorian Planning Provisions, under the Planning and Environment Act 1987. Local laws and overlays may also apply to the land in question. These have additional controls and requirements and may override some exemptions. Such overlays may include:
|   An Environmental Significance Overlay (ESO) |
Exemptions
There are some situations where you don’t need a permit to clear (these are known as exemptions; Clause 52.17 of the VPP). From 15 September 2008, new exemptions apply. Your local council can tell you what requires a permit and what does not. Exemptions can vary depending on the planning controls that apply to the land in question. A simple fact sheet has been prepared to help quickly identify the changes, you should also view the full exemptions.
Native Vegetation exemptions fact sheet - September 2008 update (PDF - 468 KB)page top
What information must be provided with a permit application?
DSE has developed an applicant’s kit to help people provide the right information for proposals that involve clearing relatively small areas or a small number of trees. If the proposal is more complex or involves clearing large areas, you should talk to council. Such proposals may have to be referred to DSE and may require the help of a consultant.
DSE - Native Vegetation Applicants Kit (PDF - 175 Kb)All proposals have to submit a standard planning permit application form and relevant information that allows council to assess the application against the planning scheme requirements. To assist with the requriements of your application, please go DSE's Property, Titles and Maps pages. Applications that propose clearing native vegetation must provide:
- An aerial photograph or site plan (drawn to scale) showing the boundaries of the site, existing native vegetation and the native vegetation proposed to be cleared.
- A description of the native vegetation proposed to be cleared, including the type and how much, as well as the number and size of any trees. If possible, the vegetation should be described in terms of its Ecological Vegetation Class.
- Topographic information, highlighting ridges, crests and hilltops, streams and waterways, slopes of more than 20 per cent, drainage lines, low lying areas, saline discharge areas, and areas of existing erosion as appropriate.
- An explanation of how the three-step approach will be addressed. That is, how the proposal will:
2. Where clearing cannot be avoided, minimise clearing native vegetation wherever possible; and
3. Where clearing is proposed, offset any clearing.
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How can I avoid, minimise and offset?
Avoid
- Is the land suitable for the use or development?
- Are there alternative sites on the property that could reasonably accommodate the proposed use or development that completely avoid clearing?
- Are there alternative viable property management options that will avoid clearing?
Are there alternative sites that would reduce the need for clearing?
- Are there alternative sites that would involve the clearing of vegetation of lower significance?
- Has the proposal been planned and designed to minimise clearing?
- Would a modified version of the use or development minimise impacts to vegetation?
Offsets should only be considered after all options for keeping native vegetation have been explored. The more clearing that can be avoided and minimised, the less that will have to be offset.
Offsets can be achieved by protecting existing vegetation or in some cases, by promoting regeneration or undertaking revegetation.
Offset requirements depend on the native vegetation that is proposed to be cleared. For small proposals that involve clearing relatively small areas or a small number of trees, the offsets are relatively basic. These are described in the Applicant’s Kit.
For more complex or larger proposals, the offset requirements depend on the following aspects of the vegetation that is proposed to be cleared:
- the area
- the number and size of trees
- vegetation type (or Ecological Vegetation Class)
- bioregional conservation status
- the condition of the vegetation compared with a benchmark
- size of the area of native vegetation that will be left
- links to and size of, neighbouring patches of native vegetation.
DSE Referred Guide
This Guide for assessment of referred planning permit applications explains how the Department of Sustainability and Environment (DSE) will assess referred planning permit applications involving the removal of native vegetation.
The Guide describes how the referral authority (DSE) will consider each of the decision guidelines under clause 52.17 of the Victoria Planning Provisions (VPP) and planning schemes when assessing a referred application and how to respond to the responsible authority when the Secretary to DSE is a referral authority in respect of an application.
The assessment of referred planning permit applications for native vegetation operates as part of the VPP and, accordingly the Native Vegetation Management Framework and clause 52.17 are only part of a range of considerations in relation to native vegetation.
In relation to clause 52.17 the Guide provides guidance for DSE officers to:
- Apply the three-step approach to avoid, minimise and offset;
- Identify the information required for assessing applications as a referral authority;
- Determine DSE’s response as a referral authority;
- Determine whether clearing should be permitted; and
- Determine an appropriate offset for permitted clearing.
Property Vegetation Plans
A Property Vegetation Plan (PVP) is a voluntary agreement between DSE and the landowner. It considers all the vegetation on a property, and how it is to be managed over the next 10 years.
Once a PVP is completed and approved by DSE, it may be used as the basis for an application for a planning permit to clear native vegetation, or the basis for an application for an application for some incentive programs.
A landholder’s decision to prepare a PVP is entirely voluntary, and DSE will partner the landholder in developing the Plan. Once approved by DSE, it may be attached to a planning permit application to clear native vegetation. If a permit for clearing is granted, it will be for 10 years, rather than the usual 2 years, if it allows clearing in accordance with a PVP.
The PVP will identify the incentive programs that may be available for you, and the vegetation management actions that may form the basis of your application for those incentives. The PVP can serve as one layer of a Whole Farm Plan, or, as a stand-alone document.
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Where can I get more information?
- DSE's Property, Titles and Maps pages
- DSE Planning Scheme and Maps online
- Local council can help
- Contact the relevant Regional DSE Office
- The Information, maps and publications section of this site contains more detailed information.
- the native vegetation (Ecological Vegetation Classification - EVC) that probably occurred there before 1750
- the native vegetation (EVC) that is there now and what Bioregional Conservation Status it has.
Please note: Document(s) on this page are presented in PDF format. If you do not have the Adobe Reader, you can download a copy free from the Adobe web site.
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