36 Conservation Reserves within the Urban Growth Corridor (approx. 5700 ha) Approx. 3000 ha land along major waterways to protect and restore habitat for Growling Grass Frog 15,000 ha grassland reserve and 1200 ha grassy woodland reserve Approx. 1600 ha of new reserves to be secured outside UGB across rural Victoria Protection targets set out in the Program report - 80% of best habitat to be protected for Spiny Rice-flower, Matted Flax-lily and Golden Sun moth

1. Victorian Planning and
Environmental Law
Association
24 June 2013
Aaron Organ – Director / Principal Ecologist
Adelaide, Brisbane, Melbourne, Geelong
Ph (03) 9377 0100, Mob. 0425 873 159
Merri Creek

2.  Prior to Melbourne
Strategic Assessment
 Biodiversity
Conservation Strategy
 Habitat compensation
approach
 Long-term benefits
 Future considerations
Presentation Outline

3. 6
 Ad hoc approval process - Part 9 of the EPBC Act
 If a ‘Controlled Action’ - 6-9 months approval
process
 On-site reservation of typically small, isolated
patches of remnant native vegetation in an urban
matrix
 Offsets to be secured prior to site disturbance and
higher than 1:1 ratio
 Often difficult to manage
 Protracted timelines, inconsistent outcomes, added
costs, sub-optimal biodiversity outcomes
Prior to Melbourne Strategic Assessment
Endorsement

4. 7
 Endorsed on 2 February 2010
 First strategic assessment in Australia
 Approval has effect until 31 December 2060
 Based on the Program Report completion of the BCS
 Addresses matters of National Environmental
Significance and satisfies State requirements
 Sub-regional Strategies completed for Growling Grass
Frog, Golden Sun Moth and Southern Brown Bandicoot
 Various Conservation Management Plans being prepared
within the Precincts to DEPIs satisfaction
Melbourne Strategic Assessment
Endorsement

6. 9
 36 Conservation Reserves within the Urban Growth
Corridor (approx. 5700 ha)
 Approx. 3000 ha land along major waterways to
protect and restore habitat for Growling Grass Frog
 15,000 ha grassland reserve and 1200 ha grassy
woodland reserve
 Approx. 1600 ha of new reserves to be secured
outside UGB across rural Victoria
 Protection targets set out in the Program report -
80% of best habitat to be protected for Spiny Rice-
flower, Matted Flax-lily and Golden Sun moth
Biodiversity Conservation Strategy

7. 10
 The BCS removes the prescriptions (single
environmental approval)
 Avoids duplication of assessment process under
the EPBC Act and State (reduced timelines)
 Cuts down on information costs and administrative
burden
 Offset obligations and their cost are now known
upfront
 State Government administers the cost recovery
process
Benefits for Industry

8. 11
 Identification of ecological values
upfront (assessments over 4 years)
 Protection and future management
of highest quality conservation
areas (e.g. western grassland
reserves)
 Early consideration and mitigation
of cumulative impacts (avoid short-
sighted decisions and focusing on
broader outcomes)
 Creation of additional habitat (e.g.
Growling Grass Frog)
 GSM habitat outside of the Growth
Boundary to reach 80% protection
Improved Biodiversity Outcomes

10. 13
 Reduced need for further ecological
assessments
 Scrutiny by SEWPaC to ensure
implementation of the BCS is meeting Cwth
conditions
 High level of scrutiny also from the Office
of the Auditor General to ensure program
efficiency and accountability
 If costs are found not to be as high as
predicted then offset costs can be reduced.
Equally if costs are insufficient they can
increase
 Land transfer option for designated
conservation areas in the BCS to reduce
offset liability
Cost Recovery

11. ECOLOGICAL VALUES PRICE UNIT
APPLICABLE GROWTH AREA
W NW N SE
Native vegetation $95,075 Per hectare of native vegetation removed ✓ ✓ ✓ ✓
Scattered Trees $13,218 Per tree considered removed ✓ ✓ ✓ ✓
Matted Flax-lily $11,196 Per hectare of native vegetation removed - - ✓ -
Spiny Rice-flower $7,937 Per hectare of native vegetation removed ✓ ✓ - -
Golden Sun Moth $7,914
Per hectare of non-native vegetation
removed, excluding areas identified as
Category 2 Growling Grass Frog habitat
✓ ✓ ✓ -
Growling Grass Frog $7,529
Per hectare of non-native vegetation
removed, identified as Category 2 habitat
✓ ✓ ✓ ✓
Southern Brown Bandicoot $4,015
Per hectare of native and non-native
vegetation removed
- - - ✓
Striped Legless Lizard $350
Per hectare of native and non-native
vegetation removed, where vegetation
has been identified as habitat for Striped
Legless Lizard (based on a site-specific
assessment by an ecologist)
✓ ✓ ✓ -

12. Habitat Compensation Obligation – Online Interactive Map

14. 1) BCS within
growth
corridors
2) Approved
PSPs prior to
1 March 2012
3) Former
UGB / outside
MSA Area

16.  Habitat Compensation
◦ Need to determine whether there are any appeal rights
associated with Work in Kind
◦ Further information required regarding what situations
result in a reduced offset liability
◦ Who would be responsible for the management of retained
areas outside of the reserves proposed in the BCS (Council)?
◦ Landowners must meet 30% of their total obligation in
order for the Statement of Compliance for the first stage to
be issued
◦ Is a landowner with a designated Conservation Area
obligated to manage the land primarily for conservation
prior to purchase or land agreement?
Future Considerations

18.  Large Old Trees and scattered remnant
trees
◦ Additional incentives for the protection of Large
old trees and scattered trees during the Precinct
Structure Planning process
◦ Offset rate of $13,218/tree is consistent across
all tree age classes
◦ Council’s involvement and jurisdiction (local tree
protection policies)
◦ Other opportunities for the protection and
reservation of natural areas for conservation
(local council reserves)
Future Considerations

20. Future Considerations
 Southern Brown Bandicoot
in the South-East Growth
Corridor
 Logical Inclusion Areas

23.  Provide feedback to DEPI on Habitat Compensation
Document on the cost recovery process
 Review and respond to the Land Acquisition Strategy
and Growling Grass Frog Masterplan – when released
 Submissions on the Southern Brown Bandicoot SRSS –
if possible?
 Determine Habitat Compensation liability, Staged and
Deferred Payments, and Works in Kind
 Conservation area and Growling Grass Frog corridor
boundary refinement during PSP process (e.g. areas
18, 27, 28, 31, 32, 33)
Future Actions

24. 27
 The Government has gone a long way in
understanding and accommodating the
industry’s concerns
 All conservation measures funded
through cost-recovery and dependent
on the rate of development
 In future no further reserves required
inside UGB – what are the incentives for
avoidance and protection of additional
areas
 Different planning and approval
approaches within and outside of the
Growth Corridors
Conclusion

25. Aaron Organ
Director / Principal Ecologist
0425 873 159
Adelaide - (08) 8372 7829 / Brisbane – (07) 3221 3352
Geelong – (03) 5221 8122 / Melbourne – (03) 9377 0100
www.ehpartners.com.au
Contact Details