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Review of terms used in Victorian planning schemes to describe farm management plans

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Streamlining and Property Management Systems

Department of Primary Industries 15 May 2009

Executive Summary

This report has been prepared by AECOM to assist the Department of Primary Industries to review terminology used in Victorian Planning Schemes which describe the current requirements for the preparation of Farm Management Plans (FMPs). This report provides a review of terms currently used in Victorian Planning Schemes relating to rural land management, relevant Victorian Civil and Administrative Tribunal decisions and a review of relevant legislation (with input from solicitors DLA Phillips Fox).

The report details:

• An inventory of terms used in a sample of Victorian Planning Schemes to describe FMPs 
• An inventory of requirements and triggers relating to the preparation of FMPs 
• Advice regarding the basis for requiring FMPs 
• Opportunities that exist for adopting consistent terminology 
• Recommendations regarding the adoption of consistent terminology.

This report is based on a thorough analysis of a sample of Victorian planning schemes, relevant legislation, VCAT decisions and consultation with DPI staff. Several local councils have also been consulted with in order to understand how FMPs are used and how they are triggered under Victorian planning schemes.

This review of terminology is part of the Streamlining and Property Management Systems (S&PMS) project currently being undertaken by DPI. The purpose of S&PMS project is to identify and develop ways to reduce regulatory and legislative burden through streamlining planning and regulatory process. This will enable farmers to concentrate their efforts on farming productivity and improved environmental outcomes, rather than on layers of regulation.

The focus of the S&PMS project is to streamline and provide more consistent terminology within Victoria’s planning system in order to achieve a more consistent approach to the preparation of FMPs throughout Victoria, minimise existing inconsistencies and reduce regulatory burdens for farmers. This report by AECOM will provide input for this aspect of the S&PMS project.

The term FMP is used in this report to describe the process for planning for the ongoing management of rural land. While the term farm is used, a FMP may be prepared for a rural landholding that is not strictly a farm and is used for more rural – residential purposes. The preparation of a FMP should commence with the identification of existing conditions and should also identify proposed future conditions.

The term FMP is not defined in the Victoria Planning Provisions (VPPs) and in preparing this report we were unable to locate a written definition of the term during our discussions with DPI and local government staff. It is apparent through our discussions with different stakeholders, including DPI staff and different local governments that different terms are used by different people. While different terms are used it is evident that there are consistent themes within FMPs, land management plans and whole farm plans.

The preparation of FMPs is of relevance to land use planning in Victoria as some local governments require the preparation of FMPs to support planning permit applications for the development and use of rural land.

DPI has been working with municipalities across Victoria to investigate and implement ways to improve services to farmers and streamline processes within Government. A number of key areas for improvements were identified through these interactions including the need for a clearer definition and use of FMPs (or equivalent) for sustainable land use planning/ development purposes.

The Planning and Environment Act 1987 (the Act) is the legislative basis for land use planning in Victoria. The Act establishes a framework for planning the use and development of land in Victoria. Planning schemes have been prepared for all Victorian local government areas. The Victoria Planning Provisions (VPP) is a template document from which planning schemes are constructed. The VPP provides a standard format for all planning schemes in Victoria and comprises State standard provisions that are consistent across all planning schemes and local provisions which vary between municipalities.

The review of planning schemes found that a range of terms are used to describe FMPs in the State standard provisions of the VPPs, including the following:

• Whole farm plans
• Native vegetation management plans
• Property vegetation plans
• Integrated land management plan.

The rural zones often provide the trigger to require a planning permit for development in rural areas. None of the zones explicitly require the preparation of a FMP however discretion rests with the responsible authority (usually a Council) as to whether a FMP should be required depending on the circumstances of the application. It is important to note that planning approval is not required for a lot of agricultural practices in rural areas and therefore a FMP cannot be required.

Councils such as Mitchell Shire Council require landowners to prepare a Whole Farm Plan for applications for dwellings in the Farming Zone on lots less than 40 hectares. The rationale for this requirement is generally because applicants may have limited knowledge of appropriate land management practices. The intention is that landowners will learn the basics of land management and will therefore be more likely to prevent land degradation from occurring on their landholdings.

A review of the local provisions of Victorian planning schemes found that there are a range of terms used that relate to the management of land including: 

• Whole farm plan
• Environmental management plan
• Sustainable land management
• Land management plan
• Land capability practices
• Integrated land management plan
• Management plan
• Land capability assessment.

Not all terms may be specifically related to the management of farm land (i.e. FMPs). Nonetheless, various terms may be interpreted by the responsible authority to relate the management of farm land, thus the responsible authority may be inclined to require a FMP or the equivalent. It is at the discretion of the responsible authority as to whether a FMP or the equivalent is required.

A review of legal issues associated with farm management plans has been undertaken by solicitors DLA Phillips Fox. This review examines a number of decisions by the Victorian Civil and Administrative Tribunal which is responsible for reviews of decisions by Councils on planning permit applications. DLA Phillips Fox (Refer Appendix B) identifies that a FMP can only be required when a permit for use or development is needed and only where it can be demonstrated that there is a relationship between the need for a FMP and the proposed use or development.

A review of relevant VCAT decisions confirms that VCAT accepts the requirement for the preparation of a FMP in certain circumstances, including for an application for the development and use of rural land for a dwelling. This review also found that numerous terms are used to describe FMPs.

This report identifies a number of opportunities that should be explored to develop and adopt consistent terminology to describe FMPs in the Victorian planning system. The adoption of more consistent terminology may lead to an increase in recognition of FMPs and a corresponding increase in their use in the Victorian planning system.

In order to achieve consistency within Victorian planning schemes a standard term that describes a FMP should be developed and introduced consistently across Victorian planning schemes. This term should be well defined in all planning schemes by including a definition in Clause 72 of all planning schemes.

In order to develop a consistent term to describe a FMP, it is recommended that DPI undertake consultation both internally and externally with relevant stakeholders, including DPCD and local government. It is not within the scope of this report to recommend adoption of a particular term. It may be that a range of terms are needed to describe slightly different documents such as a term to describe a document which is limited to land use management considerations (which is needed for land use planning purposes) and a farm planning document which is all encompassing and addresses economic considerations relevant to the operation of a farm.

The lack of definitions for the terms currently in use is a stumbling block that must be overcome. While it is important to adopt terms which are intuitive and logical, developing widely understood definitions for these terms is of greater importance.

Once a term has been selected to describe FMPs, this term can be introduced into the VPPs through the inclusion of the term in the Clause 72 (General Terms) and can be introduced into the relevant State standard provisions identified in this report by way of a Ministerial Amendment to all planning schemes in Victoria.

In order to introduce consistent terminology into the local provisions of Victorian planning schemes a detailed review would need to be undertaken of each scheme to determine the modifications required. This review could be undertaken as part of the review of Municipal Strategic Statements which occurs every 5 years or as part of a stand alone review which could lead to a local or State wide amendment to the local provisions of the respective planning schemes.

The benefit of achieving consistent terminology would be to improve the understanding in local government of FMPs which may lead to an increase in the requirement to prepare such documents as part of the assessment of planning permit applications. The use of consistent terminology and the inclusion of a definition in Victorian planning schemes would remove the current uncertainty that exists as to what a FMP is and what it should address. Benefits will also be realised by farmers and the community through an improved understanding of the meaning of terms used in Victorian planning schemes, thus removing the current ambiguity.

Another option that should be considered to improve upon the current situation is the utilisation of existing tools that assist planners in administering and interpreting planning schemes. These tools include:

• VPP Practice Notes – which describe how to apply various components of the Victoria Planning Provisions
• General Practice Notes - about a range of planning processes and topics
• Advisory Notes - about changes to specific matters and new initiatives.
• Applicants Guides - an existing example includes Building in a Wildfire Management Overlay, Applicant’s Kit 2007.

An Applicant’s Guide could be prepared to provide guidance for applicants required to prepare a FMP A General Practice Note could also be an appropriate tool, as these deal with a range of planning topics. General Practice Notes have been prepared for a range of topics and provide information regarding how to assess a particular type of application. A General Practice Note could be prepared to explain how the preparation of a FMP could assist in the assessment of an application for a particular type of land use or development.

The benefit of employing this option is that it will provide State standard advice for planners regarding the implementation of FMPs. As well as provide information for farmers which sit outside planning schemes and the planning system.

There are alternative mechanisms to the planning system for implementing FMPs. The Shire of Melton has used a scheme called the Environmental Enhancement Policy and Rate Rebate. The aim of this policy is to provide rural landowners with a monetary incentive to undertake works that will improve the environment. The monetary incentive is an upfront rebate on municipal rates for landowners that successfully undertake works that address land degradation.

The planning system is limited in its coverage as the requirement to prepare a FMP can only be imposed where a planning permit is required and where there is a link between the permit trigger and land management. Planning approval is not required for many agricultural activities including the continued use of land for farming.

1.0 Introduction

1.1 Purpose

This report has been prepared by AECOM to assist the Department of Primary Industries (DPI) to review terminology used in Victorian Planning Schemes which describe the current requirements for the preparation of Farm Management Plans (FMPs). FMPs are relevant to land use planning as they support planning permit applications for development and use of rural land.

The report provides a review of terms currently used in Victorian Planning Schemes relating to rural land management, relevant Victorian Civil and Administrative Tribunal (VCAT) decisions and a review of relevant legislation (with input from solicitors DLA Phillips Fox).

The report details:

• An inventory of terms used in a sample of Victorian Planning Schemes to describe FMPs
• An inventory of requirements and triggers relating to the preparation of FMPs
• Advice regarding the basis for requiring FMPs
• Opportunities that exist for adopting consistent terminology
• Recommendations regarding the adoption of consistent terminology.

This report is based on a thorough analysis of a sample of planning schemes, relevant legislation, VCAT decisions and consultation with DPI staff. Several local councils have also been consulted with in order to understand how FMPs are used and how they are triggered under Victorian planning schemes.

1.2 Background

This review of terminology is part of the Streamlining and Property Management Systems (S&PMS) project that is currently being undertaken by DPI. The purpose of S&PMS project is to identify and develop ways to reduce regulatory and legislative burden through streamlining planning and regulatory process. This will enable farmers to concentrate their efforts on farming productivity and improved environmental outcomes, rather than on layers of regulation.

The focus of the S&PMS project is to streamline and provide more consistent terminology within Victoria’s planning system in order to achieve a more consistent approach to the preparation of FMPs throughout Victoria, minimise existing inconsistencies and reduce regulatory burdens for farmers. This report by AECOM will provide input for this aspect of the S&PMS project.

There are a variety of terms used in Victorian Planning Schemes to describe FMPs, including the following:

• Land Management Plans
• Whole Farm Plans
• Property Management Plans.
• Related terms for particular aspects of FMPs include:
• Property Vegetation Plans
• Environmental Management Plans.

1.2.1 What is a Farm Management Plan?

The term FMP is not defined in the Victoria Planning Provisions (VPPs) and in preparing this report we were unable to locate a written definition of the term during our discussions with DPI and local government staff. Other terms used to describe similar farm planning processes include land management plan and whole farm plan. A whole farm plan however is understood to be a more broad term which goes beyond a focus on land management and also examines other considerations relevant to the operation of a farm such as economic considerations like marketing and financial matters associated with operating a farm.

It is apparent through our discussions with different stakeholders, including DPI staff and different local governments that different terms are used by different people.

While different terms are used it is evident that there are consistent themes within FMPs, land management plans and whole farm plans. These themes are evident within Council development guidelines, strategic documents, the DPI website and a DPI brochure which promotes the nationally accredited whole farm planning course.

Broadly speaking, FMPs are used to help land holders make decisions about the management of their property now and in the future. It can help land holders achieve financial, environmental and personal goals, however there is a strong focus on land use management.

The term FMP is used in this report to describe the process for planning for the ongoing management of rural land. While the term farm is used, a FMP may be prepared for a rural landholding that is not strictly a farm and is used for more rural – residential purposes. The preparation of a FMP should commence with the identification of existing conditions in some detail including the following:

• Topography 
• Natural features such as watercourses, vegetation 
• Man made features such as fences, buildings, dams, location of services, access roads 
• Soil types and conditions (including any erosion) 
• Uses of different areas of land.

A FMP should also identify proposed future conditions including:

• Intended uses of specific areas of land 
• Description and location of proposed buildings and other improvements such as dams, fences etc 
• Description of intended farming practices.

One way in which the above listed information about a property can be mapped is to identify the information on transparent plastic sheets which are overlaid on top of one another over an aerial photograph of the property.

1.2.2 Various Descriptions of Farm Management Plans

The preparation of FMPs is of relevance to land use planning in Victoria as some local governments require the preparation of FMPs to support planning permit applications for the development and use of rural land.

The Murrindindi Shire Rural Living Development Guidelines (RLDG) (for the use, subdivision and development of land in the Rural Living Zone) outlines key matters that should be addressed in land management plans, including:

• Land analysis showing site features and constraints 
• Opportunities for rural living development and associated agricultural use 
• Net environmental gains 
• Water management 
• Impacts on adjoining land 
• Others: biodiversity, water quality, erosion and soil, pest plants and animals, rural landscape and significant ridgelines, agricultural and rural land conflict, roads and infrastructure, dams,wastewater management, subdivision.

The RLDG provides a definition of a land management plan, which is:

“A management tool that considers the total assets of the farm – soil, water, trees, stock, pastures, crops and wildlife – and how to make the best use of them on your particular property”.

A Macedon Ranges Shire document Caring for Country: A Guide for Sustainable Land Management in Central Victoria (2006), outlines the aim of a whole farm plan which is:

“To produce farm layout and land management strategies that will minimise land degradation and optimise efficient layout and management of your property”.

“To produce farm layout and land management strategies that will minimise land degradation and optimise efficient layout and management of your property”.

“The process will require landholders to stocktake their property’s assets – the soil, water, remnant vegetation, wildlife, pastures, soils, topography and fences, and plan how to manage the property sustainably into the future. The plan will also identify the risks to the property’s assets”.

“Whole farm plans set short and long-term objectives and then work out environmentally friendly ways to achieve them”.

A DPI website (Victorian Resources Online: West Gippsland) on whole farm planning identifies there are many factors that need to be considered when managing a farm. These include:

• Paddock subdivision 
• Access 
• Crops 
• Shelter 
• Water supply 
• Habitat 
• Pest and weed control 
• Fire protection 
• Livestock needs 
• Soil conservation 
• Land degradation 
• Water quality 
• Labour

DPI has a promotional brochure for their nationally accredited whole farm planning course (published September 2008). The brochure outlines topics which are covered as part of the course, including land use capabilities, biodiversity on farms, farm water supply, drought management, fire management strategies, soil degradation (salinity, erosion and acidity) and management, and pest plant and animal control.

The term whole farm planning appears to be the most commonly utilised term within DPI as it is the term used in the nationally accredited course run by DPI for teaching landowners how to manage their land.

As presented in this range of material it is evident there are consistent themes in FMPs, whole farm plans and land management plans. The key themes are:

Paddock subdivision

• Access 
• Crops 
• Shelter 
• Water supply
• Pest/weed control
• Fire protection
• Soil Conservation
• Land degradation
• Water quality
• Biodiversity
• Vegetation and habitat management. ¹

As outlined above, the terms FMP, land management plan and whole farm plan essentially address the same key themes. These terms will be further explored in this report (and other related terms) to identify how they are used within the Victorian planning system.

1.2.3 Previous DPI Work

DPI has been working with municipalities across Victoria to investigate and implement ways to improve services to farmers and streamline processes within Government. A number of key areas for improvements were identified through these interactions including:

• clearer definition and use of FMPs (or equivalent) for sustainable land use planning/development purposes
• improved agriculture / land use capability information
• training and support for shires
• support with process improvement.

As part of DPI’s investigations, a workshop was held in Rutherglen in October 2008 with council planning staff from North East shires to discuss Whole Farm Plans (WFPs). Council staff attended from the following municipalities:

• Indigo Shire Council
  
•   
• Rural City of Wangaratta
  
•   
• City of Wodonga
  
•   
• Strathbogie Shire Council
  
• Murrindindi Shire Council
  
• Greater Shepparton City Council
    
• Towong Shire
       
• Alpine Shire Council.
• Mitchell Shire Council.

The purpose of the workshop was to inform planning staff on WFPs, what it involves, the benefits and disadvantages of using WFPs in planning permit applications, and the role of DPI. It is understood that the opportunity for local government to require landowners to attend a WFP course as part of Council’s assessment of planning permit applications in rural areas was identified at this workshop.

The following feedback was received from attendees at the one day workshop (DPI, 2008):

• Twenty-eight percent (28%) of councils that attended the workshop ask for a WFP as part of a planning permit application, 50% do not ask for a WFP and 22% were not sure.
• Ninety percent (90%) of participants voted that the efficiency of the planning permit application process could be improved.

There were also several comments outlining areas where the DPI S&PMS project should place its focus and take action for improvement. These comments included:

• Investigate quality assurance options to ensure that the information contained within ‘Whole Farm Plans’ (WFP) or equivalent, is certified as correct by appropriate technical experts i.e. certify plan and process.
• Explore the formal and informal triggers and clear definitions; including ‘viable’ and ‘sustainable’,relating to WFP to better understand requirements & expectations.
• Improved educational sessions & networking:
  • Use NE Planners Group and chat rooms to keep in touch and collaboratively explore and tackle shared issues; and
  • Develop training and communication opportunities for municipalities and the community in relation to agriculture, WFP and planning system requirements – a collaborative approach between municipalities and Department of Planning and Community Development (DPCD), DPI & DSE
• Enhance DPI’s support services to local government in agricultural zones:
  • Improve technical support services to local government in agricultural zones to provide landscape and production context on development proposals;
  • Continue to support collaborative linkages between municipalities and DPI’s Spatial Services Group to improve shire databases and decision support systems in relation to agricultural zones;
  • Change/formalize DPI’s statutory role in agricultural zones to ensure appropriately qualified technical experts are making land use and development decisions; and,
    
  •    
  • Communicate clear contact paths for local government to access DPI support services – both informal and formal

In particular, this report will explore terms within the Victorian Planning Scheme which relate to land / farm management plans and identify triggers requiring a FMP in the planning permit process.

1.3 Report Structure

This report has been structured around the format of Victorian Planning Schemes which include State standard provisions that are consistent in all planning schemes and local provisions which vary between schemes (known as the Victoria Planning Provisions).

• Section 1 details the purpose and background of this report.
• Section 2 explains the Victorian Planning System and its legal basis.
• Section 3 outlines terms used in the State Standard Provisions of Victorian Planning Schemes, including the State Planning Policy Framework, zones, overlays, particular provisions, general provisions and definitions. Triggers for FMPs are also discussed in this section.
• Section 4 provides an analysis of terminology used in the local provisions of a sample of rural Victorian Planning Schemes, focusing on the Local Planning Policy Framework, including Municipal Strategic Statement, and schedules to zones and overlays. Triggers for FMPs are also discussed in this section.
• Section 5 outlines relevant legislation to planning and land management in Victoria.
• Section 6 provides examples of VCAT decisions relating to the preparation of FMPs as part of planning permit applications.
• Section 7 identifies opportunities for adopting consistent terminology for FMPs and more effective implementation of FMPs.
• Section 8 summarises the conclusions of this study.

2.0 Victoria Planning Provisions

This section explains the Victorian Planning System and its legal basis.

2.1 Planning Schemes

The Planning and Environment Act 1987 (the Act) is the legislative basis for land use planning in Victoria. The Act establishes a framework for planning the use and development of land in Victoria. Planning schemes have been prepared for all Victorian local government areas.

Section 4a of the Planning and Environment Act 1987 provides the basis for the preparation of planning schemes in Victoria in standard format

• To assist in providing a consistent and coordinated framework for planning schemes in Victoria, the Minister may prepare and approve standard planning provisions to be called the Victoria Planning Provisions.

The Victoria Planning Provisions (VPP) is a template document from which planning schemes are constructed. The VPP provides a standard format for all planning schemes in Victoria.

The responsible authority (generally the municipal council) is required to prepare a planning scheme, which includes the standard framework from the VPP, State standard provisions and local provisions. The planning authority must prepare local planning policies and a Municipal Strategic Statement, and select appropriate zones and overlays from the VPPs to apply to land within their municipality. The VPPs also include references to documents that are incorporated into each planning scheme (DCPD, 2008). Planning schemes are not static documents and are constantly changing through the preparation of planning scheme amendments.

The various components of a planning scheme are explained in more detail below.

• State Planning Policy Framework (SPPF) – identifies issues of state importance and outlines policy under six headings, which are settlement, environment, housing, economic development,infrastructure, and particular uses and development. Within each planning scheme the State Planning Policy Framework is identical.
• Local Planning Policy Framework (LPPF) – contains a Municipal Strategic Statement and Local Planning Policies (LPPs). While each planning scheme within Victoria contains a LPPF, the content within each varies as it directly relates to the vision and long term directions for land use and development in the particular municipality. The LPPF also outlines the rationale for the zone and overlay requirements in the planning scheme.
• Zones – control land use and development in Victoria. Each zone has a different purpose and requirements that apply to land use, subdivision and the construction and carrying out of buildings and works. The rural zones (comprising the Rural Living, Farming, Rural Conservation, Rural Activity, Green Wedge and Green Wedge A Zones) are of particular relevance to this study as these zones apply to privately owned rural land. Some of the rural zones refer to integrated land management plans (an alternative term to FMP). Zones often have a schedule attached to them which consists of a local provision that varies between planning schemes. Zones indicate whether a planning permit is required for subdivision, use, buildings and works.
• Overlays – address and control subdivisions, buildings and works. Overlays operate in addition to zone requirements. Overlays are issue specific and generally deal with environmental, landscape, heritage, built form, and land and site management issues. There are certain overlays that are of particular relevance to the land management. Similar to zones, there are schedules to each overlay and these schedules differ in each municipality. The overlay indicates whether a planning permit is required for subdivision, buildings and works.
• Particular Provisions – relate to other planning requirements for particular uses and development. For example, particular provisions relate to easements, extractive industry, timber production, native vegetation and cattle feedlots.

The zones, overlays and particular provisions are the only sections of a planning scheme which may trigger the need for a planning permit. However planning schemes also include the following sections which are of relevance to this study:

• General Provisions – provide information on the administration of planning schemes, the operation of existing land uses, and uses, buildings, works and subdivision that do not require a planning permit. One particular clause of relevance is Clause 65 (Decision Guidelines). This clause states that “because a permit can be granted does not imply that a permit should or will be granted. The responsible authority must decide whether the proposal will produce acceptable outcomes in terms of the decision guidelines of this clause”. This clause outlines matters that must be considered prior to the determination of a planning permit application.
• Definitions – provides the common meaning for terms used within planning schemes in Victoria.
• Incorporated Documents – outlines documents that should be read in conjunction with each planning scheme.

3.0 State Standard Provisions

This section outlines the terminology used to describe Farm Management Plans in the Victoria Planning Provisions which are consistent across all Victorian planning schemes. These sections are:

• State Planning Policy Framework
• Zones
• Overlays
• Particular Provisions
• General Provisions
• Definitions.

Any triggers for a FMP contained within zones, overlays and particular provisions are identified in this section.

The context in which the terminology has been used is provided to demonstrate how the term is used.

3.1 State Planning Policy Framework

Table 1 identifies the terms used within the State Planning Policy Framework (SPPF) that relate to FMPs.

Table 1 Terminology in the State Planning Policy Framework

   

SPPF	Terminology	Content	Comments
Clause 12.07 A greener city	Native vegetation management plans	Clause 12.07-2 Strategies Native habitat and biodiversity Developing native vegetation management plans to achieve a net gain in native vegetation by improving and creating habitats.	Native vegetation management plans are more specific to the management of native vegetation, however this may be linked to farming if the removal of native vegetation forms part of a planning permit application.
Clause 12.07 A greener city	Whole farm plans	Clause 12.07-2 Strategies Native habitat and biodiversity Protect native habitat and areas of important biodiversity through appropriate land-use planning by: Developing regional catchment strategies to guide Landcare projects, local landscape plans and whole farm plans.	This clause directly makes reference to the use of whole farm plans for protecting areas of native vegetation and important biodiversity.
Clause 15.09 Conservation of native flora and fauna	Property vegetation plans	Clause 15.09-2 General implementation Responsible authorities should encourage the use of property vegetation plans or works programs and consider the need to protect waterways and soil from degradation that may result from the loss of native vegetation and the use of voluntary conservation agreements between land	Property vegetation plans are more specific to the management of native vegetation, however a property management plan may from part of a FMP.
Clause 15.13 Alpine areas	Alpine Resort Environmental Management Plan	Clause 15.13-2 General implementation Ensure that proposals for use and development are generally in accordance with any approved Comprehensive Development Plan and comply with any approved Alpine Resort Environmental Management Plan	Not relevant to farming practices but demonstrates the use of the term Environmental Management Plan.
	Management plans	Planning authorities should have regard to: Any approved management plans and guidelines endorsed by the Minister for Environment and Water.	Not relevant to farming practices but demonstrates the use of the term management plan.
Clause 17.05 Agriculture	Land capability Rural land use planning Sustainable agriculture	Clause 17.05-2 General implementation Land capability is a fundamental factor for consideration in rural land use planning. Planning should provide encouragement for sustainable agriculture and support and assist the development of innovative approaches to sustainable practices.	This policy is specific to rural land and land capability may be of relevance to FMPs.

As outlined in Table 1 there are a limited number of references within the SPPF relating to the management of farm land. Relevant terminologies used in the SPPF include:

• Whole farm plans
• Native vegetation management plans
• Property vegetation plans
• Sustainable agriculture.

The reference to ‘whole farm plan’, outlined in Clause 12.07, is a term that is directly related to the management of farms, whereas other terms such ‘native vegetation management plans’ and ‘property vegetation plans’ are more specific to the actual management of vegetation on a property.

There is one reference to ‘sustainable agriculture’ in Clause 17.05. Apart from a definition provided for the term in Clause 72 (General Terms) there is no other use of ‘sustainable agriculture’ within the Victorian Planning Provisions (there is a variation of the term ‘sustainable agricultural activities’ in the Green Wedge Zone and Green Wedge A Zone. This will be discussed in section 3.1.1 of the report).

Within the SPPF there are also several references to ‘environmental management plan’ and ‘management plan’. In this case the references relate to the Alpine Resort, which has no direct relevance to farming. Although the contexts of these terms are not related to farming, it demonstrates the use of the terms and may be used in alternative ways in other sections of planning schemes.

The SPPF contains strategic issues of state importance that responsible authorities must consider in the assessment of planning proposals rather than requirements that must be met. As such, the SPPF does not contain triggers requiring the preparation of FMPs.

3.2 Zones

Table 2 identifies the terms used in the rural zones of the VPPs. There are a total of six rural zones which have been applied to rural land in Victoria, and are as follows:

• Rural Living Zone
• Rural Conservation Zone
• Farming Zone
• Rural Activity Zone
• Green Wedge Zone
• Green Wedge A Zone.

Rural Living Zone, Rural Conservation Zone, Farming Zone and Rural Activity Zone were introduced into the Victorian Planning Provisions in 2004, and are detailed in the VPP Practice Note ‘Applying the rural zones’, released in March 2007. These rural zones were introduced:

• in response to concern that the existing rural zones do not adequately recognise the importance of farming and have led to increased land use conflicts by allowing a range of non-farming uses in rural areas
•     
• to enable important strategic objectives relating to agriculture and rural land to be met more effectively.  

The following paragraphs provide an indication of where each of the rural zones is applied. An indication of the level of control of agricultural uses and single dwellings is provided, these being the permit triggers most likely to introduce a FMP requirement. It should be noted that in the VPPs agriculture is divided into a number of different use classes including extensive animal husbandry and intensive animal husbandry. The former is where the primary source of food for animals is from grazing the land, whereas intensive animal husbandry is where the primary food source is brought in (such as for a cattle feedlot).

 

The Rural Living Zone (RLZ) provides for residential use in rural areas and is typically applied on the outskirts of settlements or township areas. The RLZ provides for agricultural activities however emphasis is given to the protection of residential amenity. Approval is not required to construct a single dwelling in the RLZ where a lot is greater than 8 hectares in size. As many RLZ lots are below this size a permit is often required for a dwelling in the RLZ. Most agricultural uses in the RLZ require a planning permit. Uses that require approval include agriculture (other than animal keeping, apiculture, intensive animal husbandry and timber production), intensive animal husbandry is prohibited in the RLZ.

The Rural Conservation Zone (RCZ) is the main zone for rural areas of environmental significance. Agriculture is allowed in the RCZ provided it is consistent with the environmental and landscape values of the area. Agriculture (other than animal keeping, apiculture, intensive animal husbandry and timber production) and a single dwelling require approval in the RCZ, whereas animal boarding and intensive animal husbandry are prohibited.

The Farming Zone (FZ) is the most commonly applied rural zone and is applied to agricultural areas. The purpose of the FZ is to ensure that non-agricultural uses, particularly dwellings, do not adversely affect the use of land for agriculture. The FZ is the most flexible zone in terms of agricultural uses and many agricultural uses do not require a permit. Uses which do not require approval include agriculture, cattle feedlot (must be 1,000 head or less), timber production, intensive animal husbandry requires approval. A permit is required in the FZ for a single dwelling on lots less than 40 hectares (unless varied by a local schedule). As many lots are smaller than 40 hectares, a permit is sometimes required for a dwelling in the FZ.

The Rural Activity Zone (RAZ) provides flexibility for agriculture and other land uses to co-exist. Tourism, commercial and retail uses may be considered in the zone if they are compatible with the agricultural, environmental and landscape qualities of the area. Agricultural uses in the RAZ that require approval include broiler farm, cattle feedlot lots (if more than 1,000 head), intensive animal husbandry. A permit is also required for a single dwelling in the RAZ.

The Green Wedge Zone (GWZ) has been applied to land on the fringe of metropolitan Melbourne outside the Urban Growth Boundary. The GWZ recognises and protects non-urban land for its agricultural, environmental, historic, landscape or recreational values, or mineral and stone resources. The zone provides opportunity for most agricultural uses and limits non-rural uses to those that either support agriculture or tourism. Uses which do not require approval in the GWZ include animal keeping (no more than five animals), crop raising (other than Rice growing and animal husbandry) and extensive animal husbandry. Uses that require approval in the GWZ include agriculture (other than animal keeping, apiculture, crop raising and extensive animal husbandry), animal boarding, broiler farm, cattle feedlot, rice growing, timber production. A permit is required for a single dwelling in the GWZ.

The Green Wedge A Zone (GWAZ) differs slightly from GWZ as it does not provide for protection of agricultural considerations, instead it concentrates on protecting and conserving the biodiversity, natural resources, scenic landscapes and heritage values of the area. Only animal keeping (must be no more than 2 animals) and apiculture does not require approval, whereas other forms of agriculture, timber production. A permit is required for a single dwelling in the GWZ.

The zone requirements are standard to each planning scheme, whereas the schedules to the zone may differ. The schedules to the zones are discussed in section 4.0 of this report.

Table 2 outlines the various terms that relate Farm Management Plans in each of the rural zones.

Table 2 Terminology in zone requirements

Zones	Terminology	Content	Trigger / Comments
Clause 35.03 Rural Living Zone	Sustainable land management practices Integrated land management plan	Purpose To encourage use and development of land based on comprehensive and sustainable land management practices and infrastructure provision. Clause 35.03-5 Decision guidelines Before deciding on an application to use or subdivide land, construct a building or construct or carry out works, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate: Agricultural issues Any integrated land management plan prepared for the site.	An integrated land management plan is not formally triggered by RLZ, although the responsible authority must consider, as appropriate, any integrated land management plan that has been prepared for the site. Responsible authorities may interpret this as an opportunity to require a land management plan to assist in the consideration of an application.
Clause 35.04 Green Wedge Zone	Sustainable land management practices Sustainable agricultural activities Sustainable farming activities Integrated land management plan	Purpose To encourage use and development that is consistent with sustainable land management practices.To encourage sustainable farming activities and provide opportunity for a variety of productive agricultural uses.    Clause 35.04-6 Decision guidelines Before deciding on an application to use or subdivide land, lease or license a portion of a lot for a period of more than 10 years if the portion is to be leased or licensed for the purpose of Accommodation, construct a building or construct or carry out works,in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate:      Rural issues The need to prepare an integrated     land management plan. The protection and retention of land for future sustainable agricultural activities. Environmental issues How the use or development relates to sustainable land management and the need to prepare an integrated land management plan.	It is at the discretion of the responsible authority whether an integrated land management plan is needed. The GWZ does explicitly prompt the responsible authority to consider the need for an ILMP.
Clause 35.05 Green Wedge A Zone	Sustainable land management practices Integrated land management           plan Sustainable agricultural activities Sustainable land management plan Sustainable land management	Purpose To encourage development and use of land which is consistent with sustainable land management and land capability practices, and which takes into account the conservation values and environmental sensitivity of the locality. Clause 35.06-6 Decision guidelines Before deciding on an application to use or subdivide land, lease or license a portion of a lot for a period of more than 10 years if the portion is to be leased or licensed for the purpose of Accommodation, construct a building or construct or carry out works, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate: Rural issues The need to prepare an integrated land management plan. Environmental issues How the use or development relates to sustainable land management and the need to prepare a sustainable land management plan.	At the discretion of the responsible authority whether an integrated land management plan is needed.
Clause 35.06 Rural Conservation Zone	Sustainable land management Land capability practices Integrated land management                   plan	PurposeTo encourage development and use of land which is consistent with sustainable land management and land capability practices, and which takes into account the conservation values and environmental sensitivity of the locality. Clause 35.06-6 Decision guidelines Before deciding on an application to use or subdivide land, lease or license a portion of a lot for a period of more than 10 years if the portion is to be leased or licensed for the purpose of Accommodation, construct a building or construct or carry out works, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate: Rural issues The need to prepare an integrated land management plan. Environmental issues How the use and development relates to sustainable land management and the need to prepare an integrated land management plan which addresses the protection and enhancement of native vegetation and waterways, stabilisation of soil and pest plant and animal control.	At the discretion of the responsible authority whether an integrated land management plan is needed.
Clause 35.07 Farming Zone	Sustainable land management Sustainable land management practices Integrated land management plan	Purpose To encourage use and development of land based on comprehensive and sustainable land management practices and infrastructure provision. Clause 35.07-6 Decision guidelines Before deciding on an application to use or subdivide land, construct a building or construct or carry out works, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate: General issues How the use or development relates to sustainable land management. Agricultural issues Any integrated land management plan prepared for the site.	An integrated land management plan is not formally triggered by the Farming Zone, although the responsible authority must consider, as appropriate, any integrated land management plan that has been prepared for the site. Responsible authorities may interpret this as an opportunity to require a land management plan.
Clause 35.08 Rural Activity Zone	Sustainable land management practices Integrated land management plan	Purpose To encourage use and development of land based on comprehensive and sustainable land management practices and infrastructure provision. Clause 35.08-5 Decision guidelines Before deciding on an application to use or subdivide land, construct a building or construct or carry out works, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate: General Issues How the use or development relates to sustainable land management.    Agricultural issues Any integrated land management plan prepared for the site.	An integrated land management plan is not formally triggered by the Rural Activity Zone, although the responsible authority must consider, as appropriate, any integrated land management plan that has been prepared for the site. Responsible authorities may interpret this as an opportunity to require a land management plan.

As identified in Table 2 there is a degree of consistency in terminology used within the rural zones relating to FMPs. The term integrated land management plan is used in each of the rural zones and while there is no specific definition or guidance of this term in the Victorian Planning Provisions it would appear that the intent of the plan is for the ongoing management of rural and/or agricultural land which in this context may be similar to a FMP.

The consistent use of integrated land management plan (ILMP) in the rural zones should reduce confusion for landholders and local government planners administering planning schemes, although the term ILMP is not defined in the planning scheme and there is no supporting document which explains the meaning of the term.

The rural zones also refer to sustainable land management practices. It was noted in the consultation with the DPI for this project in February 2009 that the meaning of this term is broad and quite general and planning schemes do not provide a definition of what sustainable land management practices involve, although the term sustainable agriculture is defined in Clause 72.

As detailed in Table 2 the Rural Conservation Zone, Green Wedge Zone and Green Wedge A Zone provide a responsible authority with the opportunity to request an ILMP. This is however discretionary as these zones do not formally require an ILMP to be prepared. If a responsible authority requests an ILMP it may be included in a condition to the planning permit. This is known as secondary consent, such a plan may be approved by the responsible authority following the grant of a planning permit.

As detailed in Table 2 the Rural Conservation Zone, Green Wedge Zone and Green Wedge A Zone provide a responsible authority with the opportunity to request an ILMP. This is however discretionary as these zones do not formally require an ILMP to be prepared. If a responsible authority requests an ILMP it may be included in a condition to the planning permit. This is known as secondary consent, such a plan may be approved by the responsible authority following the grant of a planning permit.

The Rural Living Zone, Farming Zone and Rural Activity Zone outline that where appropriate the responsible authority may consider any ILMP that has been prepared for the site prior to making a decision on an application to use, subdivide, construct a building or carry out works. Again this does not formally trigger the need for an ILMP, and it is at the discretion of the responsible authority as to whether they need to consider an ILMP that has already been prepared for the site. However, responsible authority may interpret this as an opportunity to require an ILMP.

The most unrestrictive zone is the Farming Zone in which many agricultural uses do not require approval. For uses that do not require approval there is no opportunity for Councils to request an ILMP. A large proportion of rural land within Victoria is zoned Farming Zone, therefore this limits the opportunities when Council can request an ILMP as many farming uses do not require approval.

Councils such as Mitchell Shire Council require landowners to complete an accredited Whole Farm Planning course for applications for dwellings or sheds in the Farming Zone on lots less than 40 hectares. The rationale for getting landowners to complete a course is generally because they may have limited knowledge on land management practices. The intention is that landowners will learn the basics of land management and will therefore be more likely to prevent land degradation from occurring on their landholdings.

The Murrindindi Planning Scheme has a specific reference document for land management plans. The document titled Rural Living Development Guidelines (2004) is a comprehensive document which was developed to assist the use, subdivision and development of land in the Rural Living Zone (RLZ) within the shire. The guidelines require a land management plan to be developed for all subdivision and intensive agricultural proposals in the RLZ. To the best of our knowledge this policy is the most comprehensive of its kind in Victoria. These guidelines provide a clear understanding of what is expected in a land management plan, for example; consideration of water quality, erosion, weeds and animal pests, roads and infrastructure, dams, waste water management, subdivision and impact on adjoining properties.

Overall, in relation to all the rural zones, the responsible authority has the discretion as to whether a land management plan is required, taking into consideration the particulars of the planning permit application.

3.3 Overlays

Table 3 outlines terminology in the overlays that relate to FMPs.

A review of the overlays in the VPPs found that the following State standard overlay provisions are of relevance to this report:

• Vegetation Protection Overlay (VPO)
• Erosion Management Overlay (EMO)
• Salinity Management Overlay (SMO).

As the name of each of these overlays implies, they have been applied to areas where a need has been identified to protection particular areas of vegetation, or where there are higher levels of risk from erosion or salinity.

Other overlays in the Victorian Planning Provisions, such as the Environmental Significance Overlay, Significant Landscape Overlay and Wildfire Management Overlay do not include references that relate to FMPs. Schedules to the Environmental Significance Overlay do however have references to FMPs (or the equivalent). Examples of these are discussed in section 4.3 of the report

Table 3 Terminology in overlay requirements

Overlays	Terminology	Content	Trigger / Comments
Clause 42.02 Vegetation Protection Overlay	Land management plan Works program	Clause 42.02-4 Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate: Any relevant permit to remove, destroy or lop vegetation in accordance with a land management plan or works program. Whether the application includes a land management plan or works program.	The Vegetation Protection Overlay refers to a land management plan, which in this case could relate to farming. The overlay does not require preparation of a land management plan, instead it is at the discretion of the responsible authority.
Clause 44.01 Erosion Management Overlay	Sustainable land management Land capability report	Clause 44.01-7 Decision guidelines   Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate: Whether the removal of vegetation will             increase the possibility of erosion, the susceptibility to landslip or other land degradation processes, and whether such removal is consistent with sustainable land management.     Land Capability Report (if prepared) as developed by the Department of Sustainability             and Environment, Centre for Land Protection Resource.	The Erosion Management Overlay refers to sustainable land management and Land Capability Report. The overlay does not specifically trigger a Land Capability Report, rather it will be considered if has already been prepared. The term sustainable land management is not defined in planning schemes.
Clause 44.02 Salinity Management Overlay	Land management practices Land management plan Farm plan	Clause 44.02-5 Application requirements An application must be accompanied by the following information, as appropriate: Existing degraded areas and recommendations for land management practices and remedial works required to overcome any existing or potential land degradation. Clause 44.02-8 Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate: Any land management plan, works program, or farm plan applicable to the land.	A land management plan or farm plan is not formally triggered by the Salinity Management Overlay, however the responsible authority must consider any prepared for the site before deciding on an application.

The term used in both the VPO and SMO is land management plan, the meaning of which could be interpreted as being a FMP.

The other terms used (apart from farm plan in SMO) are more ambiguous. For example, it is unclear whether the references to sustainable land management and Land Capability Report in the EMO relate to farming. A definition for Land Capability Assessment is provided in Clause 72 General Terms.

The term has a very generic meaning (refer to section 3.1.5 of this report) and does not specify whether it relates to farming land.

The term sustainable land management is not well defined and could have many interpretations to what sustainable land management involves.

The VPO and SMO do not trigger the need for a FMP, instead the responsible authority before deciding on an application must consider, where appropriate, any land management plan (or farm plan, in the case of SMO) that is applicable to the land. However, responsible authority may interpret this as an opportunity to require a land management plan or farm plan.

3.4 Particular Provisions

Table 4 outlines terms relating to FMPs in the Particular Provisions of planning schemes.

Terms of relevance are used in:

• Clause 52.17 Native Vegetation
• Clause 53.32 Wind Energy Facility.

Table 4 Terminology in Particular Provisions

 

Particular Provisions	Terminology	Content	Comments
Clause 52.17 Native Vegetation	Property vegetation plan	Purpose To provide for the management and removal of native vegetation in accordance with a property vegetation plan. Clause 52.17-3 Application requirements An application to remove, destroy or lop native vegetation must be accompanied by the following information, as appropriate: A copy of any property vegetation plan that applies to the site. Clause 52.17-4 Property vegetation plans Any permit granted to remove, destroy or lop native vegetation in accordance with a property vegetation plan: Clause 52.17-5 Decision guidelines Before deciding on an application, in addition to the decision guidelines in Clause 65, the responsible authority must consider, as appropriate: Whether the proposed development is in accordance with any property vegetation plan that applies to the site. Clause 52.17-6 Table of exemptions Regrowth The native vegetation is regrowth which has naturally established or regenerated on land lawfully cleared of naturally established native vegetation and is: Less than ten years old at the time of a Property Vegetation Plan being signed by the Secretary of the Department of Sustainability and Environment, and is shown on that Plan as being ‘certified regrowth’, and is on land that is to be used or maintained for cultivation or pasture during the term of that Plan.	A property vegetation plan does not specifically relate to the management of farms, instead a property vegetation plan can be implemented on any type of property for managing native vegetation. A property vegetation plan can form part of a FMP.
Clause 52.32 Wind Energy Facility	Environmental management plan	Application requirements An application must be accompanied by the following information, as appropriate: An environmental management plan including any rehabilitation and monitoring.	This use the term environmental management plan does not relate to FMPs but rather the environmental management and monitoring of wind energy farms following construction.

As identified in Table 4, terms referred to in the Particular Provisions are:

• Property vegetation plan
• Environmental management plan.

The term property vegetation plan does not specifically relate to farming, rather the management of native vegetation on a property. A property vegetation plan can however form part of a FMP.² A property vegetation plan may be triggered through Clause 52.17-3. This sub-clause states an application to remove, destroy or lop native vegetation must be accompanied by a copy of any property vegetation plan that applies to the site.

The reference to environmental management plan in Clause 52.32 does not relate to farming, instead this example demonstrates how the term environmental management plan is used in the context of planning for a wind energy facility. An environment management plan is required for an application for a wind energy facility.

3.5 General Provisions

Table 5 outlines the terms in the General Provisions that relate to the management of farms.

Table 5 Terminology in General Provisions

Overlays	Terminology	Content	Trigger / Comments
Clause 66.02 Use and development referrals	Property vegetation plan	An application of the kind listed in the table below must be referred to the person or body specified as the referral authority. Clause 66.02-3 Native vegetation To remove, destroy or lop native vegetation if a property vegetation plan applies to the site.	A property vegetation plan does not specifically relate to the management of farms, instead it is limited to the management of native vegetation, however a property vegetation plan may form part of a FMP.

As identified in Table 5, the only relevant term used in the General Provisions is property vegetation plan. A property vegetation plan may be included as part of a FMP.

Clause 66.02 does not trigger the requirement for preparing a property vegetation plan, instead this clause identifies the responsible authority that a property vegetation plan should be referred to. In this case it is the Secretary to the Department of Sustainability and Environment.

It is noted that there are no referral requirements in Clause 66 for a FMP, or in fact any referrals to DPI.

3.6 Definitions

Table 6 outlines the terms used in the definitions section of planning schemes, Clause 72 General Terms

Table 6 Terminology outlined in Definitions

Definitions	Terminology	Content	Comments
Clause 72 General Terms	Sustainable agriculture	Sustainable agriculture The use of farming practices and systems which             maintain or enhance: a) The economic viability of agricultural production; b) The natural resource base; and c) Other ecosystems which are influenced by agricultural activities.	This definition provides an all encompassing term.
Clause 72 General Terms	Property vegetation plan	Property vegetation plan A plan which relates to the management of native vegetation within a property, and which is contained within an agreement made pursuant to section 69 of the Conservation, Forests and Lands Act 1987.	A property vegetation plan does not specifically relate to the management of farms, instead a property vegetation plan can be prepared to manage native vegetation. A property management plan may however form part of a FMP.
Clause 72 General Terms	Land capability assessment	Land capability assessment The assessment of the physical ability of the land to sustain specific uses having regard to its management, and without long term on-site detriment to the environment.	This term relates to soil assessment and could be farming related.

Clause 72 provides definitions for particular terms. Triggers are not discussed in this clause as these are outlined in the zones, overlays and particular provisions of planning schemes.

As identified in Table 6 Clause 72 provides a definition for sustainable agriculture, property vegetation plan and land capability assessment. DPI staff consulted during the preparation of this report have indicated that the definitions for sustainable agriculture and land capability assessment provide good starting points for developing a definition for FMP.

Definitions for integrated land management plans and whole farm plans are not included in Clause 72. Providing definitions for these terms would help address any uncertainty individuals using planning schemes may have in relation to the meaning of these terms. Given that whole farm plan is commonly recognised as going beyond land use considerations (to encompass economic considerations such as marketing and financial considerations), the term is probably of less relevance in a land use planning context than it is for broader holistic farm planning which is obviously also of interest to DPI.

3.7 Conclusions

The State Standard Provisions consistently use the term ‘integrated land management plan’ in the six rural zones applied across Victoria. While there is no specific definition or guidance of this term in Victorian Planning Provisions it would appear that the intent of the plan is for the ongoing management of rural and/or agricultural land which may be similar to a FMP.

The use of terms in the overlays is less consistent. This may be due to each overlay requiring slightly different land management tools and therefore specific terms may have been used to reflect this. The rural zones were also prepared together and therefore a greater level of consistency between them should be expected.

The particular provisions, general provisions and definitions do not have terms that directly relate to FMPs.

The State Standard Provisions do not trigger the requirement for the preparation for a FMP. Instead it is at the discretion of the responsibility whether a FMP is required or recommended, however when making a decision on an application the responsible authority may consider any integrated land management plan that has been prepared.

4.0 Local Provisions

A selection of rural Victorian planning schemes have been reviewed to identify the terminology used in local planning policies and schedules to zones and overlays to describe FMPs. The selected planning schemes have been chosen to provide a broad cross section of rural municipalities, including municipalities located within or on the periphery of Melbourne which are likely to be under significant rural development pressure. The selected planning scheme are as follows:

Mooraboo,Wellington, Mildura, Moyne, Murrindindi, Greater Shepparton, Mitchell, Moira , Macedon Ranges, Alpine, Nillumbik, Indigo, Strathbogie, Manningham

4.1 Local Planning Policies

Table 7 outlines the terminology used in local planning policies of these planning schemes that may relate to the management of farms or land in general. For full details of the content/context in which the terms are used and for additional comments refer to Appendix A.

Table 7 Terminology in Local Planning Policies Planning Scheme Clause / Policy

Planning Scheme	Clause / Policy	Terminology	Identified requirements for FMPs	Comments
Moorabool	Clause 21.09 Facilitation of Agricultural Production	Environmental management plan	At the discretion of the responsible authority as to whether an environmental management plan is required.	In this context the term environmental management plan relates to land for agricultural production and may be required on rural land that is used for farming due to the land’s environmental values.
Mildura	Clause 21.04-3 Environment	Land management plans	N/A	Relates to management of public land, not farming.
Murrindindi	Clause 22.04-2 Use and Development of Land for Conservation Purposes	Environmental management plan	At the discretion of the responsible authority as to whether an environmental management plan is required.	This policy does not specifically refer to farming, however the responsible authority may interpret that is of relevance if farming land has conservation values
Mitchell	Clause 22.03-5 Land Capability and Catchment & Land Protection	Whole farm plan	This policy indicates that those proposals that are consistent with a whole farm plan will be supported.
	Clause 21.05 Objectives & Strategies	Environmental management plans
	Clause 22.03-2 Erosion Risk	Environmental management plan	At the discretion of the responsible authority as to whether an environmental management plan is required.	This policy may be interpreted to be related to farming.
Macedon Ranges	Clause 22.02 Agricultural Landscapes	Whole farm plan	Any application for resubdivision, excision of a house lot or construction of a dwelling may trigger the requirement for a whole farm plan.	This directly relates to whole farm plans (FMPs).
	Clause 21.07-2 Protection of the Environment and Landscape	Environmental management	N/A	This policy is not relevant to this study.
	Clause 22.04 Erosion Risk	Environmental management plan	The responsible authority may request an environmental management plan.
	Clause 22.05 Environmental Management Guidelines	Environmental management plan	This policy states that the responsible may require an environmental management plan considering the environmental values of the land.
	Clause 22.08-2 Macedon Ranges	Land management plan	It is at the discretion of the responsible authority as to whether a land management plan.
	Clause 22.09-2 Macedon	Land management plan	It is at the discretion of the responsible authority as to whether a land management plan.
Strathbogie	Clause 21.03-8 Environmental Implementation	Whole farm plan	N/A	This policy states environmental objectives will be implemented through whole farm plans
	Clause 22.05 Intensive agricultural development policy	Whole farm plan	No dwelling may be developed on the subject land without the approval, by the responsible authority, of the whole farm plan	This directly relates to whole farm plans (FMPs).
	Clause 21.03-8 Environmental Implementation	Land capability assessment	N/A	Related to management of waste water
	Clause 21.03-9 Economic Development	Land capability analysis	At the discretion of the responsible authority as to whether a land capability analysis is required.	This policy is related to water management on a property.
Wellington	Clause 21.05 Environment and Heritage	Whole farm plan	N/A	Promotes the use for responsible resource management
	Clause 22.01 Special Water Supply Catchment Areas Policy	Whole farm plan	Whole farm plans may be used to satisfy the decision guidelines for the creation of small rural lots.	This policy encourages whole farm planning.
Moyne	Clause 21.06 Environment	Whole farm plans	N/A	Encourages farmers to develop whole farm plans.
	Clause 22.02 Environment	Whole farm plans	It is policy for whole farm plans to be developed adjacent to public lands (at the discretion of the responsible authority).	N/A
	Clause 21.06 Environment	Environmental management plan	N/A	Related to construction and maintenance of development.
	Clause 22.01 Settlement and Housing	Land capability practice	N/A	Policy for development and land use to undertake sound land capability practices, taking into account environmental sensitivity.
	Clause 22.03-4 Agricultural Production	Land capability	N/A	It is policy to ensure land capability is considered in the assessment of use and development proposals in the Farming and Rural Living Zones.
Greater Shepparton	Clause 21.06 Environment	Whole farm plan	N/A	This policy encourages landholders to carry out works that are preferably part of a Whole Farm Plan certification.
	Clause 22.02 Housing in Rural Areas Policy	Whole farm plan	Responsible authorities will consider whether a whole farm plan has been prepared for the site for applications regarding dwellings in FZ or RLZ.	This policy directly relates to whole farm plans (FMPs).
Moira	Clause 21.02 Vision for Moira	Integrated land management plan	N/A
	Clause 21.03-4 Environmental Strategies	Integrated land management plan	N/A
Alpine	22.02-1 Dwellings in Rural Areas	Whole farm plan	N/A	This term is directly related to farming.
Indigo	22.03-1 Landcare and catchment management	Farm management plan	N/A	This policy encourages the preparation of farm management plans. When making a decision the responsible authority may also consider any relevant farm management plan.
Manningham	Clause 21.03 Key Influences	Land management plan	N/A	This policy may be interpreted to relate to farming.
	Clause 21.06-5 Environmental issues	Land management practices	N/A	This policy may be interpreted to relate to farming.
	Clause 21.07 Green Wedge and Yarra River corridor	Sustainable land management		This policy may be interpreted to relate to farming.
	Clause 21.07-2 Housing	Land management plan	N/A	This policy may be interpreted to relate to farming.
	Clause 21.07-5 Environmental issues	Land management plan	N/A	This policy may be interpreted to relate to farming.

As identified in Table 7 there is a range of terms that have been used in the local planning policies of the sample planning schemes, with many local planning policies referring to whole farm plans.

The Local Planning Policies that make reference to whole farm plans, may prompt or indicate that a responsible authority is inclined to require the preparation of whole farm plans in certain circumstances. It is noted that in all of these instances it is at the discretion of the responsible authority as to whether a whole farm plan is required.

Examples of the context in which these local planning policies refer to whole farm plans are as follows:

Alpine Planning Scheme 

• Clause 22.02-1 Dwellings in Rural Areas – any application for resubdivision, excision of a house
  lot or construction of a dwelling must be accompanied by a whole farm plan.

Strathbogie Planning Scheme 

• Clause 21.03-8 Environmental Implementation – it is policy that as part of the use of a dwelling associated with an agricultural enterprise in the Farming Zone to require a whole farm plan, where appropriate.
• Clause 22.05 Intensive agriculture development – It is policy that no dwelling may be developed on the subject land without the approval, by the Responsible Authority, of the whole farm plan.

Wellington Planning Scheme

• Clause 22.01 Special Water Supply Catchment Areas Policy – it is policy that applications for the creation of small rural lots should be accompanied by a detailed report outlining how the application addresses the Decision Guidelines. An approved whole farm plan which supports the application will be considered efficient.

In general, the responsible authority has the discretion as to whether to require a whole farm plan under these local planning policies.

Other terms used in the local planning policies that have been reviewed are used less commonly and include the following terms: 

• Environmental management plan
• Land management plan
• Land capability assessment
• Management plan
• Sustainable land management.

In the comments column of Table 7, the meanings of these terms are discussed and whether or not they relate to FMPs is identified. For more detailed discussion of the terms refer to Appendix A and further discussion of the context of the terms is provided in section 4.5 of this report.

4.2 Zones

Many of the rural planning schemes that have been reviewed include schedules to zones which have been prepared to provide local variations to the State standard zone provisions. Table 8 identifies the terms that relate to the management of land and FMPs in these schedules to the rural zones.

Table 8 Terminology in schedules to Zones Planning Scheme Clause / Policy

Planning Scheme	Clause / Policy	Terminology	Trigger requirements for FMPs	Comments
Mildura	Schedule 3 to the Special Use Zone (Mildura Marina)	Environmental management plan	N/A	This reference relates to the Mildura Marina and is not associated with farming.
Moyne	Schedule 1 to the Special Use Zone (Mortlake Power Station)	Environmental management plan	N/A	Not related to farming.
Manningham	Schedule 1 to the Rural Conservation Zone	Land management practices
	Schedule 3 to the Special Use Zone (Donvale Christian College)	Sustainable land management Integrated blancmange	It is at the responsible authority’s discretion as to whether there is a need for an integrated land management plan	Schedule 3 applies to an area used for a school – therefore the terms are not related to productive farming land. This example demonstrates that the use of these terms do not necessarily relate to farming (however it demonstrates there are similar themes in the integrated land management plan to those that would be addressed in FMPs).

As identified in Table 8 there are a range of terms in the schedules to the zones that relate to the management of land. Terms featuring in the schedules to the zones are:

• Environmental management plan
• Land management practices
• Sustainable land management
• Integrated land management plan.

These terms may not specifically mention the term farming, however they may be interpreted by the responsible authority to relate to the management of rural land, and the responsible authority may be inclined to require the preparation of a plan describing how the land is proposed to be managed, i.e. a FMP. Further discussion of the context and meaning of these terms is provided in section 4.5 of this report.

It is noted that there are no references to whole farm plans or farm management plans in the schedules to the zones.

4.3 Overlays

Table 9 identifies terms that relate to the management of land and FMPs in the local schedules to overlays contained within the rural planning schemes reviewed as part of this study.

Table 9 Terminology in schedules to Overlays

Planning Scheme	Clause / Policy	Terminology	Trigger requirements for FMPs	Comments
Moorabool	Schedule 1 to the Environmental Significance Overlay (Proclaimed Water Catchment Areas)	Environmental management plan	N/A	This reference relates to the Goldfields Superpipe Project and is not associated with managing farms.
Murrindindi	Schedule 1 to the Environmental Significance Overlay (High Quality Agricultural Land)	Whole farm plan	The responsible authority has the discretion as to whether a whole farm plan needs to be prepared.	This policy directly relates to whole farm plans (FMPs).
	Schedule 1 to Vegetation Protection Overlay (Marysville Vegetation Protection Area)	Management plan	N/A	This policy does not specifically relate to the management of farms.
	Schedule 1 to the Significant Landscape Overlay (Cathedral Range)	Management plan	N/A	This policy does not specifically relate to the management of farms.
	Schedule 2 to the Significant Landscape Overlay (Lake Eildon and Surrounds)	Management plan	N/A	This policy does not specifically relate to the management of farms.
	Schedule to the Erosion Management Overlay	Management plan	N/A	This policy does not specifically relate to the management of farms.
Mitchell	Schedule 3 to the Environmental Significance Overlay (Water Course Protection)	Environmental management plan	N/A	Not related to farming, instead the Broadford Water Supply Project.
	Schedule 1 to the Vegetation Protection Overlay (Roadside and Corridor Protection)	Environmental management plan	N/A	Not related to farming, instead the Broadford Water Supply Project.
	Schedule 2 to the Significant Landscape Overlay (Tallarook Ranges)	Environmental management plan	N/A	Not related to farming, instead the Broadford Water Supply Project.
	Schedule to the Erosion Management Overlay	Environmental management plan	N/A	Not related to farming, instead the Broadford Water Supply Project.
	Schedule to the Salinity Management Overlay	Environmental management plan	N/A	Not related to farming, instead the Broadford Water Supply Project.
	Schedule 1 to the Environmental Significance Overlay (Mt Piper and Surrounds)	Land management plan	When making a decision on an application the responsible authority must consider any land management plan.
Macedon Ranges	Schedule 1 to the Environmental Significance Overlay	Environmental management plan	It is at the discretion of the responsible authority whether an environmental management plan is required.
	Schedule 8 to the Development Plan Overlay (Romsey Golf Course)	Land capability report	It is at the discretion of the responsible authority whether an environmental management plan is required.
	Schedule 10 to the Development Plan Overlay (Clarkefield)	Land capability report	It is at the discretion of the responsible authority whether an environmental management plan is required.
Wellington	Schedule 8 to the Environmental Significance Overlay (Special Water Supply Catchment Areas)	Whole farm planning	N/A	This policy encourages whole farm plans.
	Schedule 8 to the Environmental Significance Overlay (Special Water Supply Catchment Areas)	Land capability assessment	N/A	This policy is more relevant to the management of waste water.
	Schedule 2 to the Environmental Significance Overlay (Wetlands)	Land management plan	It is at the discretion of the responsible authority as to whether a land management plan is required.
Nillumbik	Schedule 1 to the Environmental Significance Overlay (Sites of Faunal and Habitat Significance	Integrated land management plan	It is at the discretion of the responsible authority as to whether an integrated land management plan is required.
	Schedule 2 to the Environmental Significance Overlay (Yarra River Environs)	Integrated land management plan	It is at the discretion of the responsible authority as to whether an integrated land management plan is required.
	Schedule 3 to the Environmental Significance Overlay	Integrated land management plan	It is at the discretion of the responsible authority as to whether an integrated land management plan is required.
Moyne	Schedule 3 to the Environmental Significance Overlay (Mortlake Power Station Environs)	Environmental management plan	N/A	Use and development must be in accordance with the Environmental Management Plan for the Mortlake Power Station – not related to farming.
	Schedule 2 to the Design and Development Overlay (Belfast Rural Area)	Land capability practices	N/A	This schedule encourages sound land capability practices which consider environmental sensitivities of the land.
Greater Shepparton	Schedule to the Flood Overlay	Whole farm plan	N/A	A certified whole farm plan provides an exemption to requiring a planning permit for earthworks/dam
	Schedule to the Land Subject to Inundation Overlay	Whole farm plan	N/A	A certified whole farm plan provides an exemption to requiring a planning permit for earthworks/dam
Manningham	Schedule 2 to the Environmental Significance Overlay (Areas of Botanical or Zoological Significance)	Land management plan	This is at the discretion of the responsible authority	This policy may be interpreted to relate to farming.

As identified in Table 9 there are a range of terms in the schedules to the overlays that relate to the management of land, namely:

• Whole farm plan
• Environmental management plan
• Sustainable land management
• Land management plan
• Land capability practices
• Integrated land management plan
• Land capability assessment
• Management plan.

In the comments column of Table 9, the meanings of the aforementioned terms are briefly discussed as to whether or not the term relates to land management plans associated with farming. The responsible authority may interpret that these terms relate to the management of rural land. For more detailed discussion of the terms refer to Appendix A.

Several planning schemes make reference to whole farms plans in schedules to the overlays, and are as follows:

Murrindindi Planning Scheme

• Schedule 1 to the Environmental Significance Overlay (High Quality Agricultural Land) – when making a decision on an application the responsible authority may consider the need for the preparation of a whole farm plan to outline proposed and future development, identify agricultural opportunities, and protect future agricultural potential of land.
• Wellington Planning Scheme
  Schedule 8 to the Environmental Significance Overlay (Special Water Supply Catchment Areas) This schedule encourages the development of whole farm planning.

Greater Shepparton Planning Scheme

• Schedule to the Flood Overlay
• Schedule to the Land Subject to Inundation Overlay

These schedules provide an exemption to requiring a planning permit for earthworks/dam if there is a
certified whole farm plan.

Nillumbik Planning Scheme 

• Schedule 1 to the Environmental Significance Overlay (Site of Faunal and Habitat Significance) – before deciding on an application, the responsible authority must consider, as appropriate, the need to prepare an integrated land management plan.

The Macedon Ranges Planning Scheme details the information that is required as part of a land capability report. The themes of these requirements are very similar to those for a FMP as outlined below:

• Schedule 8 to the Development Plan Overlay (DPO) (Romsey Golf Course) and Schedule 10 to the DPO (Clarkfield) – the responsible authority may require any application for subdivision to be accompanied by a land capability report. This schedule identifies that a report should contain:
• • The natural contours of the land and any areas with a slope in excess of 20 percent (1:5).
  • Significant ridges, hilltops and view lines. o Significant drainage lines, water courses, springs and dams.
  • Any erosion prone or existing degraded area. o Suitable sites and location of any dwellings, dams, access roads and lot boundaries.
  • Any required land management practices and remedial works required to overcome any existing land degradation.

This information is similar to the themes that are included in FMP as detailed in 1.2 of this report. However, Schedule 8 to the DPO relates to a golf course and does not relate specifically to farming. This example demonstrates an instance where the term land capability report is used and does not relate to farming.

For additional detailed examples refer to Appendix A and further discussion is included in section 4.5 of this report

Requirements for the preparation of FMPs as outlined in the reviewed schedules to overlays are similar to that of the zones. The various terms may be interpreted to relate to the management of farm land and therefore the responsible authority may be inclined to require the preparation of a plan detailing proposed land management practices such as a FMP.

4.4 Particular Provisions

Table 10 identifies terms that relate to the management of land and FMPs in the local section of the Particular Provisions.

Table 10 Terminology in Particular Provisions

Planning Scheme	Clause / Policy	Terminology	Trigger requirements for FMPs	Comments
Moorabool	Schedule to Clause 52.17	Environmental management plan	N/A	This reference relates to the Goldfields Superpipe Project and is not associated with managing farms.
Mitchell	Schedule to Clause 52.17	Environmental management plan	N/A	Not related to farming, instead the Broadford Water Supply Project and is not associated with farming.

As identified in Table 10 environmental management plan is the only term used. The references to environmental management plans in these examples relate to the removal of native vegetation associated with the Goldfields Superpipe Project and the Broadford Water Supply Project, in the Moorabool Planning Scheme and Mitchell Planning Scheme respectively.

These references are not related to farming but rather specific projects.

4.5 Conclusions

As detailed above, there are a range of terms used in the Local Provisions of Victorian planning schemes that relate to the management of land. These terms include:

• Whole farm plan
• Environmental management plan
• Sustainable land management
• Land management plan
• Land capability practices
• Integrated land management plan
• Management plan
• Land capability assessment.

As noted there are a range of contexts in which some of the terms are used, making the meaning of the terms unclear, particularly given the lack of any definition of the terms in the planning schemes.

There are several examples within the local provisions which make reference to whole farm plans. It is evident that every reference to this term in the local provisions relates to the management of farm land.

It is unclear as to whether some references to environmental management plans relate to farm land or other uses. Examples of the context in which the term environmental management plan has been used are provided below:

Local Planning Policies

• Moorabool Planning Scheme, Clause 21.09 Facilitation of Agriculture refers to environmental management plan in the context of managing agricultural land.
• Murrindindi Planning Scheme, Clause 22.04 Natural Resources Management, outlines that applications for use and development on land with conservation values be accompanied by an environmental management plan. It outlines the aspects that should be included as part of the plan, which includes the application of land care principles, assessment of vermin and environment of the site, future improvement measures for reforestation and flora and fauna habitat.
• Mitchell Planning Scheme, Clause 22.03-2 Erosion Risk outlines it is policy that, where necessary, an environmental management plan which includes proposals for ongoing soil stability may be required.
• Moyne Planning Scheme, Clause 21.06 Environment, recommends that the strategies in this clause are to be implemented by requiring applicants to provide a written environmental management plan as a means of ensuring that the construction and maintenance of development proposals meet the requirements. In this context the environmental management relates to construction and maintenance – not the management of farms.

Zones / Overlays

• Mildura Planning Scheme, Schedule 3 to the Special Use Zone (Mildura Marina) refers to environmental management plan in the context that an environmental management plan is required for the construction and operational phase of the marina. In this context it does not relate to farming.
• Mitchell Planning Scheme, schedules to ESO3, VPO1, SLO2, EMO, SMO make reference to environmental management plans, however these are specific to development, carrying out of works and removal of native vegetation for the Broadford Water Supply Project and not agricultural uses.
• Moyne Planning Scheme, schedules SUZ1 and ESO3 have references to the term environmental management plan. The term is however used in the context related to the construction of Mortlake Power Station – and not farming.

Particular Provisions

• Moorabool Planning Scheme, Schedule to 52.17 refers to the environmental management plan, but in this context it is related to the Goldfields Superpipe Project for the removal of native vegetation. This reference is not related to farming.

Two clauses were identified in the review of the local provisions of Victorian planning schemes that refer to sustainable land management, namely:

• Moorabool Planning Scheme, Clause 21.09 Facilitation of Agricultural Production, refers for the need sustainable land management in areas of agricultural production.
• Manningham Planning Scheme, Schedule 3 to the Environmental Significance Overlay (Donvale Christian College) – the purpose of this clause is to encourage development and use which is consistent with land management. This Schedule applies to the school grounds and not to productive farming land.

The term land management plan has been used in a range of contexts, including the following:

Local Planning Policies

• Macedon Ranges Planning Scheme, Clause 22.09-2 Macedon and Clause 22.08-2 states Council may require the submission of a land management plan which demonstrates how environmental characteristics of the land is to be protected for applications to use and develop land, This may be interpreted to relate to FMPs.
• Manningham Planning Scheme, Clause 21.07-2 Housing, encourages implementation of land management plans for all applications of subdivisions – this may be interpreted to relate requiring. FMP when subdividing farming land
• Manningham Planning Scheme, Clause 21.07-5 encourages implementation of land management plans that enhance the land’s environmental values – this policy may be interpreted to relate to farming land and FMPs.

Zones / Overlays

• Mitchell Planning Scheme, Schedule 1 to the Environmental Significance Overlay (Mt Piper and Surrounds) - before deciding on an application the responsible authority must consider any existing or proposed land management plan – this policy is not specific as to whether this relates to farming or another type of Management plan.
• Wellington Planning Scheme, Schedule 2 to the Environmental Significance Overlay (Wetlands) -the decision guidelines for an application state that before the responsible authority makes a decision they must consider the need for an appropriate land management plan – this policy is not specific as to whether this relates to farming or another type of management plan.
• Manningham Planning Scheme, Schedule 2 to the Environmental Significance Overlay (Areas of Botanical or Zoological Significance). Prior to deciding on an application for buildings, works or subdivision, the responsible authority must consider the need for a land management plan – this policy is not specific as to whether this relates to farming or another type of management plan.

The use of the term integrated land management plan has only been identified in the Nillumbik Planning Scheme in the following contexts:

Zones / Overlays

• Nillumbik Planning Scheme, Schedule 1 the Environmental Significance Overlay (Sites of Faunal and Habitat Significance), before deciding on an application, the responsible authority must consider as appropriate the need for an integrated land management plan.
• Nillumbik Planning Scheme, Schedule 1 the Environmental Significance Overlay (Yarra River Environs), before deciding on an application, the responsible authority must consider as appropriate the need for an integrated land management plan.

The more broad term management plan has been used in a number of contexts in the local provisions as outlined below:

Local Planning Policies

• Moira Planning Scheme, Clause 21.03-4 Environmental Strategies - this policy require developments that may have an impact on the natural environment to be considered in relation to any management plan. This may be interpreted to be related to farming.

Zones / Overlays

• Vegetation Protection Area), states that a planning permit is not required for any development or works that is accordance with any management plan adopted by the responsible authority or DSE– this may be interpreted to relate to FMPs.
• Murrindindi Planning Scheme, Schedule to the Erosion Management Overlay, states that planning permit is not required for any development or works that is accordance with any management plan adopted by the responsible authority or DSE – this may be interpreted to relate to FMPs.

There is a level of ambiguity as to the meaning of the term land capability report / analysis / assessment. Examples of the context in which these terms have been used in the local provisions of the reviewed planning schemes are as follows

Local Planning Policies

• Strathbogie Planning Scheme (Clause 21.03-9 Economic Development) refers to the need for land capability analysis that takes into account soil, water resources and effects from extreme rainfall events – this relates to the water management on properties.

Zones / Overlays

• In the Macedon Ranges’ example (Schedule 8 to the DPO), the term land capability report is related to looking at the land capability of a golf course – a use which is not related to farming.
• Wellington Planning Scheme (Schedule 8 to the Environmental Significance Overlay – Special Water Supply Catchment Area) states that applications to construct buildings within 100 metres of a waterway for a use which would generate effluent have one option of including an approved land capability assessment including the assessment of the effluent disposal system. This use of the term directly relates to the management of wastewater.

The term land capability assessment is defined in Clause 72 of the VPPs as: The assessment of the physical ability of the land to sustain specific uses having regard to its management, and without long term on-site detriment to the environment.

This definition is very broad and all encompassing. In order to determine the use of the term in planning practice a review of VCAT cases is provided in section 6.0 of the report.

Not all terms may be specifically related to the management of farm land (i.e. FMPs). Nonetheless, various terms may be interpreted by the responsible authority to relate the management of farm land, thus the responsible authority may be inclined to require a FMP or the equivalent. In many cases it is at the discretion of the responsible authority as to whether a FMP or the equivalent is required.

5.0 Legislation

The Planning and Environment Act 1987 provides the basis for the planning system within Victoria, and thus associated requirements related to the assessment of planning permit applications which may trigger the need for the preparation of Farm Management Plans. There are several Acts within Victoria that relate to land/water management regimes, including the Environment Protection Act 1970, Water Act 1989, and Catchment and Land Protection Act 1994.

The Planning and Environment Act 1987 and the Catchment and Land Protection Act 1994 are considered to be the legislation of most relevance to this report. A summary of these Acts is provided in this section of the report.

AECOM contacted solicitors DLA Phillips Fox for input regarding the legal status and grounds for the requirement to prepare FMPs. DLA Phillips Fox has provided advice which identifies key legal issues associated with FMPs. This advice strengthens the case for achieving a common approach to the implementation of FMPs in the planning system.

A guidance note prepared by DLA Phillips Fox identifies that the Planning and Environment Act 1987 is independent, although related to, the other land/water management Acts listed above.

5.1 Planning and Environment Act 1987

The purpose of this Act is:

• To establish a framework for planning the use, development and protection of land in Victoria in the present and long-term interests of all Victorians.

Under section 12(3b) of the Planning and Environment Act 1987, a planning authority may:

• Do all things necessary to encourage and promote the orderly and proper use, development and protection of land in the area for which it is a planning authority.

Under section 14 (b) & (d), the duties of the responsible authority are:

• To implement the objectives of the planning scheme
• To provide information and reports as required by the regulations.

Section 62 of the Act outlines conditions that can be put on permits. For example S. 62(i) outlines that the responsible authority may include any other condition that it thinks fit, including:

• A condition that plans, drawings or other documents be prepared by the applicant and lodged with the responsible authority for approval before the use or development or a specified part of it starts.

There is no particular section of the Act which specifically refers to FMPs or whole farm planning, however the above sections of the Act provide the means for responsible authorities to require FMPs in order to implement the objectives of planning and for the protection of land.

Another relevant provision in this Act is Section 173 which provides for the making of a legally binding agreement between a responsible authority (typically a Council) and a landowner. Section 173 Agreements have been used by at least one of the Councils consulted, the Mitchell Shire Council, to require the preparation of a Whole Farm Management Plan where it is proposed to build a dwelling on a lot in the Farming Zone of less than 40 hectares. The Section 173 Agreement is legally binding and is registered on the Certificate of Title for a parcel of land. The agreement runs with the land and continues to apply when land is sold. The Section 173 Agreements required by the Shire of Mitchell requires a Whole Farm Plan to be prepared and the land to be managed in accordance with an approved Whole Farm Plan. Consultation with DPI staff have confirmed that this often results in planning permit applicants enrolling in the Whole Farm Planning course run by DPI. Catchment and Land Protection Act 1994

The Catchment and Land Protection Act 1994 is also a relevant Act that deals with the management of land and development.

The purpose of this Act is:

1. To set up a framework for the integrated management and protection of catchments;
2. To encourage community participation in the management of land and water resources;
3. To set up a system of controls on noxious weeds and pest animals; and
4. To repeal and amend various Acts concerning catchment and land management.

The purpose of this Act is:

• To set up a framework for the integrated management and protection of catchments;
• To encourage community participation in the management of land and water resources;
• To set up a system of controls on noxious weeds and pest animals; and
• To repeal and amend various Acts concerning catchment and land management.

The objectives of this Act are:

• To establish a framework for the integrated and co-ordinated management of catchments which will -
  • maintain and enhance long-term land productivity while also conserving the environment; and
  • aim to ensure that the quality of the State's land and water resources and their associated plant and animal life are maintained and enhanced;
• To establish processes that can be used to assess the condition of the State's land and water resources and the effectiveness of land protection measures;
• To establish processes to encourage and support participation of land holders, resource managers and other members of the community in catchment management and land protection;
• To establish and support the operation of the Victorian Catchment Management Council and the Catchment Management Authorities; and
• To provide for the control of noxious weeds and pest animals.

Similar to the Planning and Environment Act 1987 there is no specific mention of FMPs or whole farm planning in the Catchment and Land Protection Act 1994. There are however particular sections of the Act which outline the general duties of land owners. Section 20(1) states:

In relation to his or her land a land owner must take all reasonable steps to:

• Avoid causing or contributing to land degradation which causes or may cause damage to land of another land owner; and
• Conserve soil; and
• Protect water resources; and
• Eradicate regionally prohibited weeds; and e) Prevent the growth and spread of regionally controlled weeds; and
• Prevent the spread of, and as far as possible eradicate, established pest animals.

Following a review of the above material from the Catchment and Land Protection Act 1994, DPI staff have confirmed that each of the above matters should be addressed within a FMP.

5.2 Conclusions

The Planning and Environment Act 1987 is the principal legislation for land use and development planning in Victoria while the Catchment and Land Protection Act 1994 outlines relevant considerations relating to the management of land, however these Acts do not provide specific requirements for FMPs. The Catchment and Land Protection Act 1994 outlines matters which should be addressed as part of a FMP.

6.0 Victorian Civil and Administrative Tribunal Decisions

DLA Phillips Fox prepared an overview of ‘Legal Issues for Farm Management Plans’ for this project, refer to Appendix B. It covers several Victorian Civil and Administrative Tribunal (VCAT) decisions which address whole farm planning and provide the basis for FMPs.

6.1 VCAT Cases

DLA Phillips Fox (Refer Appendix B) identifies that a FMP can only be required when a permit for use or development is needed and only where it can be demonstrated that there is a relationship between the need for a FMP and the proposed use or development:

“Any planning requirement for the preparation of a FMP therefore must fairly and reasonably relate to the use or development for which a permit is sought and should not seek to control uses which may be 'as of right' or for which permission is not being sought (see Rosemeir v Greater Geelong CC (No 1) (1997) 20 AATR 9).”

The following discussion of VCAT cases demonstrates how FMPs are used or in situations where they may be required.

Spencer v Moorabool SC [2007] VCAT 2279 (22 November 2007)

This VCAT ruling relates to an approval for a dwelling and outbuilding on two lots in the Farming Zone and includes a condition that a FMP be submitted and approved as part of a secondary consent. The VCAT determination included the following condition

“Prior to the commencement of the construction of the dwelling hereby permitted a Farm Management Plan must be submitted to the responsible authority and approved. Any alteration to the Farm Management Plan must be consented to in writing by the responsible authority.”

This VCAT ruling demonstrates that VCAT accepts the requirement for the preparation of a FMP in certain circumstances, including for an application for the development and use of rural land for a dwelling.

Hipwell v Murrindindi SC [2008] VCAT 765 (30 April 2008)

This VCAT case reviews a decision by the Murrindindi Shire Council which relied on the requirements of the Rural Living Development Guidelines (RLDG) to refuse to grant a planning permit application for the subdivision of rural land. These guidelines have been identified and discussed earlier in this report.

The proposal was for the subdivision of land within the Rural Living Zone. The application proposed the subdivision of a 129.4 hectare lot into two lots, of 6 hectares and 123.4 hectares. The Responsible Authority refused the application on the grounds the “the proposal does not comply with the Council’s Rural Living Guidelines”.

It is noted in the VCAT decision that the Rural Living policy contained in Clause 22.01-1 has as its objective “to ensure all subdivision, use and development in the Rural Living zone are consistent with the Rural Living Development Guidelines, Murrindindi Shire, March 2004”.

The Responsible Authority had contended that all guidelines in the RLDG must be satisfied and the applicant had not complied with all the guidelines, as such the Responsible Authority refused the application.

The VCAT Member determined:

“In relation to the Responsible Authority’s refusal of this application it has inappropriately given weight to a document that is only a reference document. This is not a document that must be complied with, rather it is to assist as it states in its purpose and to provide guidance only. Each application is required to be assessed in relation to its own facts and circumstances and in this respect for an application for subdivision under the Rural Living zone it is appropriate and gives assistance to an applicant and to the Responsible Authority to refer to the RLDG but they are only guidelines and should not form the basis of a refusal if not slavishly complied with.”

On this basis it was concluded that a permit should be granted for a two lot subdivision subject to conditions. This VCAT decision demonstrates that Murrindindi Shire’s Rural Living Development Guidelines cannot be relied on solely to determine a planning permit application and that other matters identified in the planning scheme must also be taken into account. This determination also identifies the limited weight given to Reference Documents in the VPPs.

6.2 Terminology

A review of VCAT decisions has identified that a wide range of terms are used to describe FMPs, the following list identifies terms that have been used:

Term Use	Relevant VCAT decisions
Farm Management Plan	Spencer v Moorabool SC [2007] VCAT 2279 (22 November2007) Galea v Macedon Ranges SC [2008] VCAT 1213 (26 June 2008) McDonald v Moyne SC [2008] VCAT 512 (1 April 2008)
Land Management Plan	Hipwell v Murrindindi SC [2008] VCAT 765 (30 April 2008)
Whole Farm Plan	(Lister v Strathbogie SC [2006] VCAT 1267 (29 June 2006) Phillips v Greater Shepparton CC (Red Dot) [2005] VCAT 653(19 April 2005) Hutchins v Greater Shepparton CC [2008] VCAT 2284 (14November 2008) O'Brien v Moira SC [2008] VCAT 2378 (27 November 2008)
Land Capability Assessment	Rozen v Macedon Ranges SC (Red Dot) [2007] VCAT 1814 (24 September 2007) Hermon v Nillumbik SC [2006] VCAT 2206 (8 November 2006) Deluge Developments Pty Ltd v Murrindindi SC [2008] VCAT 2450 (5 December 2008)

The term land capability assessment has been used in the first two VCAT decisions cited above in the context of on-site wastewater disposal and not in terms of agricultural land use. The third and final citation provided above however provides a context where the term land capability assessment has been used to describe the ability of land to support agriculture. From consultation with local government planning staff the term land capability assessment is most commonly used in the context of wastewater disposal, particularly where it is proposed to install a septic tank or similar associated with a single dwelling in a rural area.

Opportunities to introduce consistent terminology into the Victorian planning system would therefore translate across to the terminology used in VCAT decisions. Opportunities to adopt consistent terminology are discussed in section 7.0 of this report.

7.0 Opportunities

There are a number of opportunities that should be explored to develop and adopt consistent terminology to describe FMPs in the Victorian planning system. The adoption of more consistent terminology may lead to an increase in recognition of FMPs and a corresponding increase in their use in the Victorian planning system.

7.1 Options for Achieving Consistency

As identified in this study, there are a variety of terms used in Victorian planning schemes to describe documents that are prepared for the purpose of outlining how land is to be managed. It is clear from this review that some of these terms are not defined and it is apparent that different terms are sometimes used to describe a very similar or identical process of planning for future land management. Consultation with local government undertaken as part of this study confirmed that the terms currently used in Victorian planning schemes to describe land management documents are often ambiguous.

In order to achieve consistency within Victorian planning schemes a standard term that describes a FMP should be developed and introduced consistently across Victorian planning schemes. This term should be well defined in all planning schemes by including a definition in Clause 72. Consultation with DPI staff in February 2009 revealed that a number of terms are used within DPI to describe FMPs. Although the terms used vary, the key themes covered are similar.

In order to develop a consistent term to describe a FMP, it is recommended that DPI undertake consultation both internally and externally with relevant stakeholders, including DPCD and local government. It is not within the scope of this report to recommend adoption of a particular term. It may be that a range of terms are needed to describe different documents such as a term to describe a document which is limited to land use management considerations (which is needed for land use planning purposes) and a farm planning document which is all encompassing and addresses economic considerations relevant to the operation of a farm. A term that could be used to describe a document limited to land use management is a term used in the rural zones - Integrated Land Management Plan.

The lack of definitions for the terms currently in use is a stumbling block that must be overcome. While it is important to adopt terms which are intuitive and logical, developing widely understood definitions for these terms is of greater importance.

Once a term has been selected to describe FMPs, this term can be introduced into the VPPs through the inclusion of the term in the Clause 72 (General Terms) and can be introduced into the relevant State standard provisions identified in this report by way of a Ministerial Amendment to all planning schemes in Victoria. In order to introduce consistent terminology into the local provisions of Victorian planning schemes a detailed review would need to be undertaken of each scheme to determine the modifications required. This review could be undertaken as part of the review of Municipal Strategic Statements which occurs every 5 years or as part of a stand alone review which could lead to a local or State wide amendment to the local provisions of the respective planning schemes.

The benefit of achieving consistent terminology would be to improve the understanding in local government of FMPs which may lead to an increase in the requirement to prepare such documents as part of the assessment of planning permit applications. The use of consistent terminology and the inclusion of a definition in Victorian planning schemes would remove the current uncertainty that exists as to what a FMP is and what it should address. Benefits will also be realised by farmers and the community through an improved understanding of the meaning of terms used in Victorian planning schemes, thus removing the current ambiguity.

7.2 Definitions

Once clear a term has been determined, it could be introduced into Clause 72 (General Terms) of the State Planning Policy Framework. This clause provides definitions for a wide range of terms commonly used within Victorian Planning Schemes.

As explained in section 3.6 of this report, the definitions for sustainable agriculture and land capability assessment (currently in Clause 72) could be further refined to develop a definition for FMPs (or the equivalent).

7.3 Practice and Advisory Notes

There are a range of tools, such as practice and advisory notes, developed by DPCD to assist planners in planning in administering and interpreting planning schemes. Utilising these tools would provide more detailed information on FMPs than what can be included within the planning scheme.

• There are four types of notes/guides currently in use, namely:
• VPP Practice Notes – which describe how to apply various components of the Victoria Planning Provisions
• General Practice Notes - about a range of planning processes and topics
• Advisory Notes - about changes to specific matters and new initiatives.
• Applicants Guides - an existing example includes Building in a Wildfire Management Overlay,Applicant’s Kit 2007.

The Building in a Wildfire Management Overlay, Applicant’s Kit 2007 is an instructive guide for anyone intending to build or extend a house in a location included in the Wildfire Management Overlay (WMO). The guide covers matters such as identifying types of vegetation, water supply requirements, how to prepare a Wildfire Development Plan, and how to complete a detailed site analysis.

An Applicant’s Guide could be prepared to provide guidance for applicants required to prepare a FMP Matters that could be covered in the guide may include a definition of a FMP (or the equivalent), land management considerations such as weeds and pest control, soil, fire protection and access, and how to prepare it.

DPI is in the process of preparing a communication brochure for applicants, called Dwellings in Farm Zone: Understanding Land Use Planning Options. Once complete this will provide useful information on planning in Farming Zone areas. Other types of information could be made available to landholders including Land care Notes and DPI Agriculture Notes. These information notes sit outside the planning system but can still be made available to guide landholders on planning related issues related to farming.

A General Practice Note could also be an appropriate tool, as these deal with a range of planning topics. General Practice Notes have been prepared for a range of topics and provide information regarding how to assess a particular type of application. A General Practice Note could be prepared to explain how the preparation of a FMP could assist in the assessment of an application for a particular type of land use or development

The benefit of employing this option is that it will provide State standard advice for planners regarding the implementation of FMPs. As well as provide information for farmers which sit outside planning schemes and the planning system.

7.4 DPI Guidance in Assessment of FMPs

The VPPs identify authorities to which Councils must refer particular classes of planning permit applications. The VPPs do not currently identify DPI as a referral authority for rural planning matters such as those discussed in this report relating to farming.

Referral authorities are recognised under Section 55 of the Planning and Environment Act 1987. Certain classes of applications are required to be referred by local government to referral authorities. Council is obliged to impose any conditions placed on an application by a referral authority and is obliged to refuse any application to which a referral authority objects.

The option exists to seek changes to the VPPs to provide a statutory referral authority role for DPI for farming relating matters, however there are a number of reasons why this approach is not recommended including:

• Introducing a formal referral role for DPI could be seen at odds with DPIs primary role of facilitating and assisting farmers and could impact upon the relationship that DPI has with farmers
• Statutory referral roles are only generally introduced where there is an existing regulatory role for an agency under other legislation, this is not the case in this circumstance
• The introduction of a formal referral role may be contrary to the objectives of the Victorian Government relating to cutting red tape in planning and to the objectives of the DPI S&PMS project
• The potentially significant resourcing implications
• It is not evident as to what types of applications for which a referral to DPI would be appropriate.

DPI could have a role in the review and assessment of FMPs submitted by planning permit applicants .While this could potentially improve the quality of FMPs and reduce workloads for Councils it could also lead to longer planning permit assessment timelines and may not be consistent with the desired outcomes of the DPI S&PMS project and Victorian Government policies relating to reducing planning assessment timeframes..There is a clear need for Council staff to have guidance or assistance in the assessment of FMPs. This will become more important if the requirement for the preparation of FMPs becomes more common in the Victorian planning system.

It is noted that AECOM (known then as Maunsell) has previously undertaken a review of the role of DPI-CAS in the planning referrals process, the findings of this review should be considered should further consideration be given to DPI’s statutory role.

It is relevant to note that advice provided by DLA Phillips Fox which outlines that a FMP certified outside the planning scheme cannot override requirements of a planning scheme or a planning permit:

“Tribunals therefore may question the status of FMPs which are not approved pursuant to a planning permit condition or which are certified by other agencies outside the planning process”.

Further advice from DLA Phillips Fox could be sought by DPI to determine how to formalise FMP approval processes within the planning scheme.

7.5 Implementation of FMPs through the Victorian Planning Provisions

DLA Phillips Fox (Refer to Appendix B) also identified opportunities for the implementation of FMPs using existing VPP mechanisms or through amendments to the VPPs. The first mechanism identified is through the use of the Development Plan Overlay. DLA Phillips Fox identified that this overlay is applied to areas requiring some form of planning prior to the granting of a planning permit application. An example is cited where a Development Plan Overlay has been applied to require the preparation of FMP type plans on rural land in the City of Greater Bendigo. The indiscriminate nature of using this overlay to achieve the preparation of FMPs is identified as a problem as it would need to be applied over a wide area when it may not be required for many properties.

Another VPP mechanism identified by DLA Phillips Fox is the introduction of a Particular Provision (at Clause 52), however DLA Phillips Fox identify that such a broad brush approach is also unlikely to be consistent with Government initiatives such as Cutting red tape in planning. Similarly this approach is unlikely to be consistent with the desired outcomes of the DPI S&PMS project.

7.6 Development of Guidelines

There is the opportunity for Councils to develop guidelines that relate to the use and implementation of FMPs (or the equivalent). As discussed earlier in this report Murrindindi Shire Council has developed its own guidelines requiring land management plans in areas zoned Rural Living Zone. The policy is called Rural Living Development Guidelines and is a reference document in the Murrindindi Planning Scheme. Other Councils, such as Towong Shire Council have development guidelines, Shire of Towong Rural Living Development Guidelines is a reference document in the Towong Planning Scheme.

The benefits of local guidelines are that they provide applicants with a clear and easy to understand guide to what is required and can be tailored to local conditions. Guideline documents are similar in content to the Applicant’s Guide identified in section 7.3 of this report.

7.7 Rate Rebate Incentive

There are alternative mechanisms to the planning system for implementing FMPs. The Shire of Melton has used a scheme that called Environmental Enhancement Policy and Rate Rebate. The aim of this policy is to provide rural landowners with a monetary incentive to undertake works that will improve the environment. The monetary incentive is an upfront rebate on municipal rates for landowners that successfully undertake works that address land degradation.

The policy was introduced in response to concerns that there was increasing land degradation in the Shire caused by noxious weeds, pests animals and soil erosion. There are now 1,300 properties involved in the scheme. This scheme is quite successful and has received several environmental awards including the National Award for Sustainable Cities.

Advocating the use of a municipal rate rebate for more widespread implementation of land management plans in rural areas could be further explored by the DPI.

There are several benefits of this option. Firstly is that this option sits outside the planning system, thus making it easier for landowners to understand if they are not familiar with planning regulations.

Secondly, providing a monetary incentive is often appealing to landowners and therefore a larger number of people are likely to be encouraged to employ works that address land degradation.

The planning system is limited in its coverage as the requirement to prepare a FMP can only be imposed where a planning permit is required and where there is a link between the permit trigger and land management. As outlined in section 3.2 of this report, planning approval is not required for many agricultural activities. Planning approval is also not required to continue using land for farming.

8.0 Conclusions

A sample of rural planning schemes was reviewed in order to identify the range of terms used to describe the management of farm land. As identified in this report a diverse range of terms are used, including:

• Whole farm plan
• Environmental management plan
• Sustainable land management
• Land management plan
• Land capability practices
• Integrated land management plan
• Land capability assessment
• Management plan.

The terms identified above (apart from whole farm plan) are unclear as to whether they specifically relate to the management of farm land and they are not clearly defined in Victorian planning schemes. Councils may interpret these terms as being related to the management of farm land and as such, require the preparation of FMPs or the equivalent.

VCAT decisions were also reviewed to demonstrate the legal grounds of FMPs. It was identified that a FMP can only be required when a permit for use or development is needed and where there is a relationship between the permit trigger and the need for a FMP.

Similar to Victorian planning schemes, a range of terms are used in VCAT decisions, including farm management plan, land management plan and whole farm plan, although the meaning of these words appears to be similar. Land capability assessment is another term that is used, however in most instances this relates to wastewater management on a property.

Several opportunities have been identified that could be further explored to adopt consistent terminology within Victorian planning schemes and increase the implementation of FMPs. These options include:

1. In consultation with DPCD and local government, develop a consistent term to describe a document which outlines how rural land is to be managed.
2. Introduce the term into Clause 72 General Terms of the State Planning Policy Framework.
3. Liaise with DPCD to utilise planning tools such as General Practice Notes and/or Applicant’s Guide. Developing a Practice Note and/or Applicant’s Guide related to FMPs (or the equivalent)would provide guidance and greater understanding for Council planners and applicants.
4. Utilise information notes outside the planning system, including Landcare Notes and DPI Agriculture Notes.
5. Introduce development guidelines for Councils detailing the requirements of FMPs (or the equivalent).
6. A rate rebate incentive could be introduced to encourage widespread implementation of sustainable land management practices.

Appendix A Local Provisions

Moorabool Planning Scheme
Clause	Terminology	Context	Requirements	Comment
Clause 21.09 Facilitation of Agricultural Production	*Environmental management plan *Sustainable land management	How do we achieve this? Strategies for achieving the objectives are: Use of local policy to require the preparation of an environmental management plan in areas where use and development of land requires protection of environmental features and sustainable land management.	At the discretion of the responsible authority as to whether an environmental management plan is required.	In this context the term environmental management plan relates to land for agricultural production and may be required on rural land that is used for farming due to the land’s environmental values.
Schedule 1 to the Environmental Significance Overlay (Proclaimed Water Catchment Areas)	*Environmental management plan	3.0 Buildings and works A permit is not required for:  *The removal, destruction or lopping of all vegetation including trees, shrubs, herbs and grasses, to the minimum extent necessary for works undertaken by or on behalf of Central Highlands Water required for the construction of the Goldfields Superpipe Project in accordance with the Project Impact Assessment and Environmental Management Plan approved by the Secretary of the Department of Sustainability and Environment and the native vegetation offset plan approved by the Minister for Environment. *The construction of a building or carrying out of works associated with a utility installation required for the Goldfields SuperpipeProject. The building and works must be in accordance with the Project Impact Assessment and Environmental management *Plan approved by the Secretary of the Department of Sustainability and Environment and the native vegetation offset plan approved by the Minister for Environment.	N/A	This reference relates to the Goldfields Superpipe Project and is not associated with managing farms.
Schedule to 52.17	Environmental management plan	1.0 Scheduled area Description of native vegetation for which no permit is required to remove, destroy or lop All native vegetation including trees, shrubs, herbs and grasses, to the minimum extent necessary for works undertaken by or on behalf of Central Highlands Water required for the construction of  the Goldfields Superpipe Project in accordance with the Project Impact Assessment and Environmental Management Plan approved by the Secretary of the Department of Sustainability and  Environment and the native vegetation offset plan approved by the Minister for Environment.	N/A	This reference relates to the Goldfields Superpipe Project and is not associated with managing farms.
Clause 21.04 Strategic Directions, Clause 21.04-3 Environment	Land management plans	Objective 5     To protect the environmental, landscape, cultural and archaeological value of public land. Strategies       Support tourism, in particular eco-tourism, as part of municipal and regional tourism initiatives in accordance with public land management plans.	N/A	Relates to management of public land, not farming.
Schedule 3 to the Special Use Zone (Mildura Marina)	Environmental management plan	2.0 Plans Required Development of land for the Mildura Marina Resort and associated facilities as described in the Marina Resort Development Plan incorporated in this Scheme must not commence unless the following  plans have been approved by the Responsible Authority: Environmental Management Plan (Construction Phase)Use of the land for any purpose ssociated with the Mildura Marina Resort and associated facilities as described in the Marina Resort Development Plan incorporated in this Scheme must not commence unless the following plan has been approved by the Responsible Authority: *Environmental Management Plan (Operational Phase) 4.1 Environmental Management Plan (Construction Phase) The Environmental Management Plan (Construction Phase) must ensure best practice in planning, construction, maintenance, supervision and monitoring, and is to address the following matters:- Note: refer to schedule for list of matters. 4.6 Environmental Management Plan (Operational Phase) The objectives of the Environmental Management Plan (Operational Phase) are to set out:- Note: refer to schedule for list of matters. The Environmental Management Plan (Operational Phase) must ensure best practice in planning, maintenance, supervision and monitoring and is to address the following matters: Note: refer to schedule for list of matters. 10.0 Decision guidelines In determining an application, the Responsible Authority must have regard to:   Environmental Management Plan (Construction Phase).   Environmental Management Plan (Operational Phase).	N/A	This reference relates to construction and operation phase of the Mildura Marina and is not associated with farming.

 

Murrindini Planning Scheme
Clause	Terminology	Context	Requirements	Comment
Clause 22.04 Natural Resource Management 22.04-2 Use and Development of Land for Conservation Purposes	Environmental management plan	Policy It is policy that all applications for use and development on land with conservation values be accompanied by an environmental management plan outlining: An environmental assessment of the site. *The application of land care principles and actions that are relevant to the catchment and to the site. *An assessment of the vermin and environment of the site and proposed control measures to remove these characteristics from the site. *Future improvement measures for reafforestation, watercourses,flora and fauna habitat. *Staging of the management plan and the proposed cost of implementation. *Proposed conservation covenants, agreements and bonds with the responsible authority for the completion of specified works within an agreed environment management plan.	At the discretion of the responsible authority as to whether an environmental management plan is required.	This policy does not specifically refer to farming, however the responsible authority may interpret that is of relevance if farming land has conservation values.
Schedule 1 to the Environmental Significance Overlay (High Quality Agricultural Land)	Whole farm plan	4.0 Decision guidelines In considering any proposal, the responsible authority may consider the need for: *The preparation and approval of a whole farm plan to outline proposed and future development, identify agricultural opportunities on the land, and protect future agricultural potential of the land.	The responsible authority has the discretion as to whether a whole farm plan needs to be prepared.	This policy directly relates to whole farm plans (FMPs).
Schedule 1 to Vegetation Protection Overlay (Marysville Vegetation Protection Area)	Management plan	3.0 Permit requirement       A planning permit is required to remove, destroy or lop native or exotic vegetation.       This does not apply to: Any development or works in accordance with any approved management plan adopted by the responsible authority or the Department of Sustainability and Environment	N/A	This policy may be interpreted to relate to FMPs.
Schedule 2 to the Significant Landscape Overlay (Lake Eildon and Surrounds)	Management plan	3.0 Permit requirement Exemptions No planning permit is required for: *Any development or works in accordance with any approved management plan adopted by the responsible authority or the Department of Sustainability and Environment	N/A	This policy may be interpreted to relate to FMPs.
Schedule 2 to the Significant Landscape Overlay (Lake Eildon and Surrounds)	Management plan	3.0 Permit requirement Requirements All proposed buildings must be of muted tones and constructed in non reflective materials, to the satisfaction of the responsible authority. Exemptions No planning permit is required for:  *Any development or works in accordance with any approved management plan adopted by the responsible authority or the Department of Sustainability and Environment.	N/A	This policy may be interpreted to relate to FMPs.
Schedule to the Erosion Management Overlay	Management plan	1.0 Permit requirement No planning permit is required for:  *Any development or works in accordance with any approved management plan adopted by the responsible authority or the Department of Sustainability and Environment	N/A	This policy may be interpreted to relate to FMPs.

   

Mitchell Planning Scheme
Clause	Terminology	Context	Requirements	Comment
Clause 22.03 Environment, Clause 22.03-5 Land Capability and Catchment & Land Protection	Whole farm plan	This policy applies to the assessment and evaluation of any use or development in the rural areas including land and water bodies of the Shire. Implementation It is policy that:                 Proposals that are consistent with and seek to implement a certified whole farm plan will be supported.	This policy indicates those proposals that are consistent with a whole farm plan will be supported.	This policy directly relates to whole farm plans (FMPs).
Clause 21.05 Objectives & Strategies	Environmental management plan	Pyalong       Natural Resources Management Ensure that new development supports an environmental management plan for the local watercourses, in order to encourage revegetation of the stream sides and banks.	This policy encourages that new development supports an environmental management plan.	This policy may be interpreted to relate to FMPs.
Clause 22.03-2 Erosion Risk	Environmental management plan	Implementation It is policy that: A detailed environmental management plan which includes proposals for the ongoing maintenance of soil stability, where necessary.	At the discretion of the responsible authority as to whether an environmental management plan is required.	This policy may be interpreted to be related to farming.
Schedule 3 to the Environmental Significance Overlay (Water Course Protection)	Environmental management plan	3.0 Permit requirement A permit is not required for: *No planning permit is required to develop or to construct or carryout works to construct, use or maintain the Broadford WaterSupply Project, in accordance with an approved Project Impact Assessment and environmental management plan.  *No planning permit is required to remove, destroy or lop any vegetation to the minimum extent necessary to construct, use or maintain the Broadford Water Supply Project, in accordance wi than approved Project Impact Assessment, environmental management plan and native vegetation offset plan.	N/A	This reference is not in the context of farm management, instead the Broadford Water Supply Project
Schedule 1 to the Vegetation Protection Overlay (Roadside and Corridor Protection)	Environmental management plan	3.0 Permit Requirements *No planning permit is required to remove, destroy or lop any vegetation to the minimum extent necessary to construct, use or maintain the Broadford Water Supply Project, in accordance with an approved Project Impact Assessment, environmental management plan and native vegetation offset plan.	N/A	This reference is not in the context of farm management, instead the Broadford Water Supply Project
Schedule 2 to the Significant Landscape Overlay (Tallarook Ranges)	Environmental management plan	3.0 Permit requirements *No planning permit is required to develop or to construct or carryout works to construct, use or maintain the Broadford Water Supply Project, in accordance with an approved Project Impact Assessment and environmental management plan. *No planning permit is required to remove, destroy or lop any vegetation to the minimum extent necessary to construct, use or maintain the Broadford Water Supply Project, in accordance wi than approved Project Impact Assessment, environmental management plan and native vegetation offset plan.	N/A	This reference is not in the context of farm management, instead the Broadford Water Supply Project
Schedule to the Erosion Management Overlay	Environmental management plan	1.0 Permit requirement *No planning permit is required to develop or to construct or carryout works to construct, use or maintain the Broadford Water Supply Project, in accordance with an approved Project Impact Assessment and environmental management plan. *No planning permit is required to remove, destroy or lop any vegetation to the minimum extent necessary to construct, use or maintain the Broadford Water Supply Project, in accordance with an approved Project Impact Assessment and environmental management plan and native vegetation offset plan.	N/A	This reference is not in the context of farm management, instead the Broadford Water Supply Project
Schedule to the Salinity Management	Environmental management plan	As above.	N/A	This reference is not in the context of farm management, instead the Broadford Water Supply Project
Schedule to Clause 52.17	Environmental management plan	1.0 Scheduled area Description of native vegetation for which no permit is required to remove, destroy or lop: Broadford Water Supply Project *All native vegetation including trees, shrubs, herbs and grasses, to the minimum extent necessary for works undertaken by or on behalf of Goulburn Valley Water required for the construction of the Broadford Water Supply Project in accordance with the Project Impact Assessment, Environmental Management plan, and the native vegetation offset plan approved by the Secretary of the Department of Sustainability and Environment.	N/A	This reference is not in the context of farm management, instead the Broadford Water Supply Project
Schedule 1 to the Environmental Significance Overlay (Mt Piper and Surrounds)	Land management plan	4.0 Decision guidelines Before deciding on an application, the responsible authority must consider: The existing use of the land and any existing or proposed Land Management Plan.	When making a decision on an application the responsible authority must consider any land management plan.	This policy may be interpreted to relate to FMPs.

 

Macedon Planning Scheme
Clause	Terminology	Context	Requirements	Comment
Clause 22.02 Agricultural Landscapes	Whole farm plan	Reports Required to Support Application Any application for re subdivision, excision of a house lot or construction of a dwelling must be accompanied by a “whole farm plan”. This plan must demonstrate how the land is to support sustainable agriculture as the primary land use. The plan should include such initiatives as fencing that relates to land units, fencing of remnant vegetation, fencing of gullies and waterways,revegetation of hill tops, gullies and waterways, revegetation of areas prone to erosion and re vegetation of areas prone to groundwater discharge.	Any application for resubdivision, excision of a house lot or construction of a dwelling may trigger the requirement for a whole farm plan.	This policy directly relates to whole farm plans (FMPs).
Clause 21.07-2 Protection of the Environment and Landscape	Environmental management	How do we achieve it?  Implementation of Local Policies to address the following matters Environmental Management Guidelines.	N/A	This policy is not directly relevant to this study.
Clause 22.04 Erosion Risk	Environmental management	Policy It is policy that:Where the Responsible Authority considers that erosion risk may exist, it may request: A detailed environmental management plan, which includes proposal for the ongoing maintenance of soil stability.	Council may require an environmental management plan considering the environmental values of the land.	This policy may be interpreted to relate to FMPs.
Clause 22.05 Environmental Management Guidelines	Environmental management	Policy It is policy that: *Council may require an environmental management plan to be prepared in accordance with the Environmental Management Plan Guidelines 1994 to accompany any application for use or development on non-urban land. *Council will generally require an environment management plan where it considers there is a risk that the proposal may be detrimental to the environmental, agricultural or landscape values of the area. *Council will generally exempt a proposal from the requirement to prepare an environmental management plan where, in its opinion, the proposal is small in scale and will not impact on the environmental, agricultural or landscape values of the area. *Environmental Management Plans may be registered by the Responsible Authority as part of an application for subdivision, use or development of land.	This policy states that Council may require an environmental management plan considering the environmental values of the land.	This policy may be interpreted to relate to FMPs.
Clause 22.08-2                   Macedon Ranges	Land management plan	Policy It is policy that: *In assessment of applications to use and develop land, Council may require the submission of a land management plan in support of the proposal, which demonstrates how environmental characteristics of the land are to be protected.	It is at the discretion of the responsible authority as to whether a land management plan.	This policy may be interpreted to relate to FMPs.
Clause 22.09-2 Macedon	Land management plan	Policy It is policy that: *In assessment of applications to use and develop land, Council may require the submission of a land management plan in support of the proposal, which demonstrates how environmental characteristics of the land are to be protected.	It is at the discretion of the responsible authority as to whether a land management plan.	This policy may be interpreted to relate to FMPs.
Schedule 1 to the Environmental Significance Overlay	Environmental Management Plan	4.0 Decision guidelines Before deciding on any application the Responsible Authority must consider as appropriate: *An Environmental Management Plan prepared in accordance with the Environmental Management Guidelines Local Policy.	It is at the discretion of the responsible authority whether an environmental management plan is required.	This policy may be interpreted to relate to FMPs.
Schedule 8 to the Development Plan Overlay (Romsey Golf Course)	Land capability report	4.0 Requirement for an application Land Capability Report The responsible authority may require any application for subdivision to be accompanied by a land capability report prepared by a suitably qualified person. Such a report shall identify: *The natural contours of the land and any areas with a slope in excess of 20 percent (1:5). *Significant ridges, hilltops and view lines. *Significant drainage lines, water courses, springs and dams. *Any erosion prone or existing degrade area. *Suitable sites and location of any dwellings, dams, access roads and lot boundaries. *Any required land management practices and remedial works required to overcome any existing land degradation.	It is at the discretion of the responsible authority whether a land capability report is required.	This policy only applies to the Romsey Golf Course area - not used for or relevant to farming.
Schedule 10 to the Development Plan Overlay (Clarkefield)	Land capability report	4.0 Requirement for an application Land Capability Report The responsible authority may require any application for subdivision to be accompanied by a land capability report prepared by a suitably qualified person. Such a report shall identify: *The natural contours of the land and any areas with a slope in excess of 20 percent (1:5). *Significant ridges, hilltops and view lines. *Significant drainage lines, water courses, springs and dams. *Any erosion prone or existing degrade area. *Suitable sites and location of any dwellings, dams, access roads and lot boundaries. *Any required land management practices and remedial works required to overcome any existing land degradation.	It is at the discretion of the responsible authority whether a land capability report is required.	The DPO applies to an area zoned Township Zone.

 

Strathbogie Planning Scheme
Clause	Terminology	Context	Requirements	Comment
Clause 21.03 Clause 21.03-8 Environmental Implementation	Whole farm plan	The environmental objectives and strategies will be implemented by: Local Planning Policy  Require a Whole Farm Plan, where appropriate, including a native vegetation plan, as part of consideration of any planning application for the use of a dwelling associated with an agricultural enterprise in the Farming Zone	N/A	This policy states environmental objectives will be implemented through whole farm plans
Clause 21.03 Clause 21.03-8 Environmental Implementation	Land capability assessment	The environmental objectives and strategies will be implemented by: Further Strategic work Develop Land Capability Assessment Guidelines	N/A	References to land capability assessments are probably not relevant to this study because they are more related to waste water management.
Clause 21.03-9 Economic Development	Land capability analysis	Agriculture and intensive agribusiness The need for land capability analysis that takes account of the scale of land use intensification, the cumulative effects of many establishments on soil and water resources and of the effects from extreme rainfall events
Clause 22.05 Intensive agricultural development policy	Whole farm plan	Policy Subdivision It is policy that an application for the subdivision of land for intensive agricultural development under this policy must be accompanied by a report prepared by a suitably qualified person. The report should explain and address the following: 4. Economic considerations The development of a whole farm plan that clearly demonstrate show the enterprise will be developed and operated.  Dwellings It is policy that: No dwelling may be developed on the subject land without the approval, by the Responsible Authority, of the whole farm plan.	No dwelling may be developed on the subject land without the approval, by the responsible authority, of the whole farm plan.	This directly relates to whole farm plans (FMPs).

 

Wellington Planning Scheme
Clause	Terminology	Context	Requirements	Comment
Clause 21.05 Environment and Heritage	Whole farm plans	Environment and Heritage Strategies Other Actions Use Integrated Catchment Management Plans, Salinity Action Plans,and Whole Farm Plans to promote responsible resource management in rural areas.	N/A	Promotes the use for responsible resource management.
Clause 22.01 Special Water Supply Catchment Areas Policy	Whole farm planning   Whole farm plan	Objectives *To encourage farm practices that minimise nutrient inputs to waterways and to encourage the development of whole farm planning. Policy It is policy that the following matters be taken into account when considering applications to use or develop land in rural areas: Applications for the creation of small rural lots should be accompanied by a detailed report that fully addresses all the relevant issues identified within the Decision Guidelines of the zone. An approved ‘Whole Farm Plan’ or its equivalent, which supports the application, will be considered to be sufficient to satisfy the decision guidelines.	Whole farm plans may be used to satisfy the decision guidelines for the creation of small rural lots.	This policy encourages whole farm planning.
Schedule 8 to the Environmental Significance Overlay (Special Water Supply Catchment Areas)	Whole farm planning	2.0 Environmental objectives to be achieved To encourage the development of whole farm planning.	N/A	This policy encourages whole farm plans.
Schedule 8 to the Environmental Significance Overlay (Special Water Supply Catchment Areas)	Land capability assessment	4.0 Application requirements Any application to construct a building within 100 metres of a waterway or wetland for a use which would generate effluent should include evidence that the building site is capable of containing an appropriate water treatment system by providing either a Soil Percolation Test in accordance with Appendix B of the Code of Practice - Septic Tanks OnSite Domestic Wastewater Management, EPA Publication No. 451,March 1996 (as amended); or an approved land capability assessment including assessment of the effluent disposal system in accordance with the requirement’s of the “Code of Practice - Septic Tanks”.	N/A	This policy is more relevant to the management of waste water.
Schedule 2 to the Environmental Significance Overlay (Wetlands)	Land management plan	4.0 Decision guidelines Before deciding on an application the responsible authority must consider: The need for, or existence of, an appropriate land management plan and whether the proposed development is in accordance with such a plan.	It is at the discretion of the responsible authority as to whether a land management plan is required	This policy may be interpreted to relate to FMPs.

 

Nillumbik Planning Scheme
Clause	Terminology	Context	Requirements	Comment
Schedule 1 to the Environmental Significance Overlay (Sites of Faunal and Habitat Significance)	Integrated land management plan	4.0 Decision guidelines Before deciding on an application, the responsible authority must consider, as appropriate: *The need for an integrated land management plan.  *Before deciding on an application, the responsible authority must consider, as appropriate: *The need for an integrated land management plan.	It is at the discretion of the responsible authority as to whether an integrated land management plan is required.	This policy may be interpreted to relate to FMPs.
Schedule 2 to the Environmental Significance Overlay (Yarra River Environs)	Integrated land management plan	4.0 Decision guidelines         Before deciding on an application, the responsible authority must consider, as appropriate: * The need for an integrated land management plan.	It is at the discretion of the responsible authority as to whether an integrated land management plan is required.	This policy may be interpreted to relate to FMPs.
Schedule 3 to the Environmental Significance Overlay	Integrated land management plan	4.0 Decision guidelines         Before deciding on an application, the responsible authority must consider, as appropriate: The need for an integrated land management plan.	It is at the discretion of the responsible authority as to whether an integrated land management plan is required.	This policy may be interpreted to relate to FMPs.

 

Moyne Planning Scheme
Clause	Terminology	Context	Requirements	Comment
Clause 21.06 Environment	Whole farm plans	Strategies To encourage farmers to develop whole farm plans to promote the effective management of individual properties.	N/A	Encourage farmers to develop whole farm plans.
Clause 22.02 Environment	Whole farm plans	Clause 22.02-9 Public Land Policy It is policy that: The development of whole farm plans for properties adjacent to public land is encouraged	It is policy for whole farm plans to be developed adjacent to public lands (at the discretion of the responsible authority).	This policy directly relates to whole farm plans.
Clause 21.06 Environment	Environmental management plan	These strategies will be implemented by:- Requiring applicants to provide a written environmental management plan as a means of ensuring that the construction and maintenance of development proposals meets the requirements  of this scheme.	N/A	Related to construction and maintenance of development
Clause 22.01 Settlement and Housing – Clause 22.01- 12 The Belfast Rural Area	Land capability practice	Policy It is policy that: Development and use of land in accordance with sound management and land capability practices, and which takes into account the environmental sensitivity and biodiversity of the locality                             should be encouraged.	N/A	Policy for development and land use to undertake sound land capability practices, taking into account environmental sensitivity.
Clause 22.03-4 Agricultural Production	Environmental management plan	2.0 Use of land The use of the land must be consistent with both the development plan and environmental management plans required by Clause 3 as approved by the responsible authority. 3.0 Buildings and works All buildings and works must be consistent with the environmental management plan and the development plan required by this clause as approved by the responsible authority Environmental management plan Before the construction of any buildings and works starts, a construction environmental management plan must be prepared to the satisfaction of the responsible authority. Prior to the commencement of the use as a gas-fired power station an operations environmental management plan must be prepared to the satisfaction of the responsible authority. The environmental management plans must describe (but not necessarily be limited to) management processes and procedures to minimise the amenity and environmental impacts of the use and development of the site as a gas-fired power station and associated construction activities.The plans must set out objectives, performance and monitoring requirements.The construction environmental management plan must address the    following:Note: Refer to Schedule for the list of matters.	N/A	The use of this term is for the Mortlake Power Station and is not related to farming practices.
Schedule 3 to the Environmental Significance Overlay (Mortlake Power Station Environs)	Environmental management plan	1.0 Statement of environmental significance The Mortlake Power Station will provide gas-fired power to contribute to meeting the demand for electricity in Australia. The development and use of the power station will be in accordance with an approved Development Plan and Environmental Management Plans.	N/A	Use and development must be in accordance with the Environmental Management Plan for the Mortlake Power Station – not related to farming.
Schedule 2 to the Design and Development Overlay (Belfast Rural Area)	Land capability practices	1.0 Design objectives To encourage the development and use of land which is in accordance with sound management and land capability practices, and which takes into account the environmental sensitivity and biodiversity of the locality.	N/A	This schedule encourages sound land capability practices which consider environmental sensitivities of the land.

 

Greater Shepparton Planning Scheme
Clause	Terminology	Context	Requirements	Comment
Clause 21.06 Environment - Clause 21.06-3 Strategies	Whole farm plan	Implementation Other actions *Continue to provide a Whole Farm Plan program with associated incentives *Encourage landholders to carry out works that are compatible with existing and proposed drainage schemes, preferably as part of Whole Farm Plan certification.	N/A	This policy encourages landholders to carry out works that are preferably part of a Whole Farm Plan certification.
Clause 22.02 Housing in Rural Areas Policy	Whole farm plan	Decision Guidelines In addition to the requirements of the zone, applications for dwellings on land within the Farming Zone or the Rural Living Zone will be assessed on the following considerations; *whether a whole farm plan has been prepared for the site.	Decision Guidelines In addition to the requirements of the zone, applications for dwellings on land within the Farming Zone or the Rural Living Zone will be assessed on the following considerations; ?? whether a whole farm plan has been prepared for the site.	This policy directly relates to whole farm plans (FMPs).
Schedule to the Flood Overlay	Whole farm plan	1.0 Permit requirement A permit is not required to construct or carry out the following buildings or works: earthworks/dam in accordance with a certified Whole Farm Plan approved by the responsible authority and the floodplain	N/A	A whole farm plan provides an exemption to requiring a planning permit for earthworks/dam.
Schedule to the Land Subject to Inundation Overlay	Integrated land management	Clauses 21.03 (Environment), 21.04 (Settlement) and 21.05 (Economic Development) of the Municipal Strategic Statement expand upon these  issues under the headings of Key Issues and Challenges, Goals,Objectives and Strategies. Council is committed to ensuring that the intent and content of these Clauses are utilised and form the basis of future decision making, in association with principles outlined in its Community Plan, in order to address the following major challenges which will continue to influence future planning and development of the municipality: f) Integrated Land Management;	N/A	This policy may be interpreted to relate to FMPs.
Clause 21.03-4 Environmental Strategies	Management plan	Require developments that may have an impact on the natural environment to be considered in relation to any management plan or public policy including those identified in the SPPF;	N/A	This policy may be interpreted to relate to FMPs.

 

Alpine Planning Scheme
Clause	Terminology	Context	Requirements	Comment
Clause 22.02- 1 Dwellings in Rural Areas	Whole farm plan	Policy It is policy that: The land on which the dwelling is to be located, is or can be used for commercial rural production and the use can be substantiated by a‘whole farm plan’ approved by the Department of Natural Resources	An approved whole farm plan is required to substantiate a dwelling commercial rural production.	This policy directly relates to whole farm plans.

 

Indigo Planning Scheme
Clause	Terminology	Context	Requirements	Comment
Clause 22.03- 1 Landcare and catchment management	Farm management plans	Objectives To encourage the preparation of farm management plans. Policy Decision Guidelines It is policy that, in considering applications for use or development Council will take the following matters into account: *Any relevant farm management plans. Before deciding on an application to use, subdivide or develop land or carry out works, Council may also consider: *Any relevant farm management plan.	N/A	This policy encourages the preparation of farm management plans. When making a decision the responsible authority may also consider any relevant farm management plan.

 

Manningham Planning Scheme
Clause	Terminology	Context	Requirements	Comment
Clause 21.03 Key Influences	Land management practices	Sustainable management of Manningham’s Green Wedge area Manningham’s response will ensure that land use, development and land management practices protect and enhance soil, water and air quality, native flora and fauna and the character of the green wedge.	N/A	This policy may be interpreted to relate to farming.
Clause 21.06-5 Environmental issues	Land management practices	Objectives To ensure that land use, development and land management practices protect and enhance soil, water and air quality, native flora and fauna and the character of these areas.	N/A	This policy may be interpreted to relate to farming.
Clause 21.07 Green Wedge and Yarra River corridor	Sustainable land management techniques	Economic Development Issues The focus will be to protect and support the viability of existing agricultural activities and promote other appropriate business activities,which use best practice sustainable land management techniques and provide benefits to the local economy.	N/A	This policy may be interpreted to relate to farming.
Clause 21.07-2 Housing	Land management plan	Strategies Strategies to achieve these objectives include: Prepare and implement a Land Management Plan for all applications for subdivision.	N/A	This policy may be interpreted to relate to farming.
Clause 21.07-5 Environmental issues	Land management plan	Strategies Strategies to achieve these objectives include: Prepare and implement Land Management Plans that enhance the land’s environmental values.	N/A	This policy may be interpreted to relate to farming.
Schedule 1 to the Rural Conservation Zone	Land management practices	The conservation values sought for the land are: Land use and land management practices which protect and enhance soil, water and air quality, native flora and fauna and the visual quality of open space areas adjoining the Yarra River.	N/A	This policy may be interpreted to relate to farming.
Schedule 3 to the Special Use Zone (Donvale Christian College)	Sustainable land management Integrated land management plan	Purpose To encourage development and use of land which is consistent with sustainable land management and land capability practices, and which takes into account the conservation values and environmental sensitivity of the locality. Rural issues The need to prepare an integrated land management plan.  Environmental issues How the use and development relates to sustainable land management and the need to prepare an integrated land management plan which addresses the protection and enhancement of native vegetation and waterways, stabilisation of soil and pest plant and animal control.	It is at the responsible authority’s discretion as to whether there is a need for an integrated land management plan.	Schedule 3 applies to an area used for a school – therefore the terms are not related to productive farming land. This example demonstrates that the use of these terms do not necessarily relate to farming (however it demonstrates there are similar themes in the integrated land management plan to those that would be addressed in FMPs).
Schedule 2 to the Environmental Significance Overlay (Areas of Botanical or Zoological Significance)	Land management plan	Decision guidelines: Before deciding on an application to subdivide land, construct a building, construct or carry out works, or remove, destroy or lop vegetation, the responsible authority must consider, as appropriate: The need for a land management plan, including a schedule of works for the timing and implementation of the management plan.	Discretion of responsible authority	This policy may be interpreted to relate to farming.

Appendix B Legal Issues for Farm Management Plans

Legal Issues for Farm Management Plans

Prepared by DLA Phillips Fox for the Department of Primary Industries

Farm Management Plans

The triggers and content for Farm Management Plans (FMP) have varied across local government areas and local planning schemes, often being determined by local environmental issues and the use or development that is proposed. For the purposes of this note they can be generally characterised as plans that seek to manage use and development of private agricultural land for the purposes of improving land and water management. The process of preparing FMPs also performs an integrative function and enables other public authorities (eg.water and DPI/DSE) to ensure that their own statutory requirements (which exist outside the planning system) are met through the FMP (eg. weed control, native vegetation protection).

The process for approval and the mechanisms for enforcement has also varied, however a common approach has been to 'certify' the plans outside the planning process and to enforce them by imposing a permit condition on planning permits granted for use and/or development.

The following provides a brief summary of some important legal issues for the implementation of FMPs within the planning system, as provided for by the Planning and Environment Act1987 (the Act)

The basis for FMPs

A council or responsible authority has a very wide discretion to impose conditions on planning permits and may include conditions which it 'thinks fit' (section 62(2)). However this discretion is limited to conditions which relate to the use or development proposed and it must also be exercised for a proper planning purpose and meet specific requirements of the Act.

The general principle of 'nexus' requires that there be a real connection between the development for which a permit is granted and the limitation placed on it by the condition (see Pyx Granite Co Ltd v Ministry of Housing and Local Government [1958] 1 OB 554), which would include a condition requiring the preparation and approval of a FMP.

Any planning requirement for the preparation of a FMP therefore must fairly and reasonably relate to the use or development for which a permit is sought and should not seek to control uses which may be 'as of right' or for which permission is not being sought (see Rosemeir v Greater Geelong CC (No 1)( 1997) 20 AATR 9).

The status of FMPs?

The planning system, as created by the Act, is independent from (although related to) other land water management regimes administered by other agencies ego the Environment Protection Act 1970, Water Act 1989 and Catchment Land Protection Act 1994 . The Tribunal considered the interlocking nature of the planning and environment protection regimes in Greater Dandenong CC v Sita Australia PL [2006] VCAT 1361 (Sita case). The Sita case involved an application by Sita Australia to amend planning permit conditions prohibiting the depositing of hazardous wastes on the land and an application by Greater Dandenong for a declaration that Sita Australia was in breach of these conditions. The Tribunal considered the relationship between the permit conditions and whether amendments to an environmental licence, which subsequently allowed the depositing of hazardous wastes, permitted the breach of planning permit conditions. The Tribunal held that the planning and environment protection regimes "are two independent, albeit related regimes". Whilst it recognised the EPA's expertise in determining what landfill was acceptable, Deputy President Gibson held that the EPA Licence could not take priority over the planning permit (at paragraph 40):

... Therefore, as a matter of principle it would not be acceptable for a planning permit to be overridden, in terms of what it allowed or its conditions, by an EPA licence.

Similarly, it may be argued that a FMP which is certified outside the planning process and against considerations of other regulatory regimes not contained in a planning scheme, cannot override requirements of a planning scheme or a planning permit. Tribunals therefore may question the status of FMPs which are not approved pursuant to a planning permit condition or which are certified by other agencies outside the planning process.

Can Farm Management Plans authorise future works?

There is some doubt as to whether a FMP, which has been certified or approved through a process which is separate to the planning system and against considerations external to the planning schemes, can authorise future works under the planning system, unless properly conditioned and approved under the planning scheme.

In Phillips v Greater Shepparton CC (Red Dot) [2005] VCAT 653 the Tribunal questioned whether a FMP certification process, which occurred separately to the planning system, could authorise future works. In this case the Schedule to the Rural Zone exempted specified works

in accordance with a certified whole farm plan. Whilst the issue was not finally determined, Deputy President Gibson identified it as one which could be subject to future proceedings (at paragraph 63):..

.. However, I am by no means convinced that a certification or approval process operating outside the ambit of the planning scheme could retrospectively authorise a development which is already complete. Whatever the ability of a certified whole farm plan may be to exempt future works from the need for a planning permit, I consider it would be most improper for the Council to purport to authorise works that have been completed and about which there is a dispute, and thereby seek to oust the Tribunal's jurisdiction to determine the matters before it. This is quite apart from whether it is legally open to the Council to do this. It is a decision which in itself may be the subject of declaratory proceedings.

This case raises questions about the validity and enforceability of 'certified' FMPs within the planning system and there is a need to consider mechanisms to formalise FMP considerations and approval process within the planning system. This is addressed further below In light of the above, FMPs should be considered with in the context of Victoria Planning system. This is addressed further below.

Implementation of FMPs and the Victoria Planning Provisions

In light of the above, FMPs should be considered with in the context of Victoria Planning Provisions (VPP) and whether their implementation could be achieved using various VPP mechanisms or through amendments to the state standard VPPs.

Where an area is identified as requiring some form of planning prior to the granting of planning permits planning authorities have applied the Development Plan Overlay (OPO). The DPO is a tool which can set out the objectives or requirements which a development plan for an area must meet prior to any permit being granted. Once approved by a responsible authority, the development plan can exempt future use or development from notice and third party appeal rig his under sections 52(1 Ha), (b) and (d) and 82( 1) of the Act.

An example of where a DPO has been applied to implement FMP type plans is under the Greater Bendigo Planning Scheme. Schedule 1 to the DPO has been applied to extensive areas of rural zoned land and requires the preparation of environmental management plans. The disadvantage of using such a tool is that large areas of land would need to be covered by the DPO and it can only be applied through amendments to local planning schemes. Requiring FMPs of all permit applicants in an area could be onerous and hamper the efficiency of decision-making. This could also have the effect of removing third party notice and appeal rights for uses or development which have significant off-site impacts. However the scope of the control could be limited to only apply to particular categories or intensities of farm uses.

There are other tools within the VPPs that may also facilitate the objectives of FMPs and provide greater legal certainty in relation to their implementation ego the particular provisions(at Clause 52) set out requirements for specified categories of use and development in addition to other provisions of the planning scheme. However the broad application of such provisions would need to be considered carefully and in the broader context of planning reforms, in particular the need for efficient decision-making and Government initiatives (Cutting Red Tape in Planning).

There may be benefits in considering whether amendments to other state standard provisions would provide greater certainty and consistency for the implementation of FMPs ego by setting out requirements in the State Planning Policy Framework or in the rural zones (Clause 35) Again, the effect of these need to be carefully considered in the context of the broader objectives of the Act and other planning reforms.

Andrew Natoli
Solicitor
Planning, Environment & Local Government
DLA Phillips Fox
92745371
andrew.natoli@dlaphillipsfox.com

Footnotes

¹Department of Primary Industries, Victorian Resources Online, West Gippsland, Whole FarmPlanning, www.dpi.vic.gov.au, 11 February 2009.

² Department of Sustainability and Environment, Native Vegetation – Property Vegetation Plans, www.dse.vic.gov.au, viewed 23 February 2009.