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UDIA – Vic
3 June 2013
Aaron Organ – Director / Principal Ecologist
Adelaide, Brisbane, Melbourne, Geelong
Ph. (03) 9377 0100 Mob. 0425 873 159
Melbourne’s Biodiversity Conservation
Strategy
 Outstanding Questions
 Actions / considerations
Reforms to Victoria’s Permitted Vegetation
Clearance Regulations
 Overview
6
 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 the Development Industry
7
 Identification of ecological values via broad scale surveys
and assessments over the past 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
8
 Reduced need for further ecological assessments
and vegetation offset brokers (simple to
understand flat offset fee)
 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
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)
✓ ✓ ✓ -
Note: W = Western growth area (Melton and Wyndham); NW = North-western growth area (Sunbury); N = Northern growth area (Hume, Whittlesea and Mitchell);
SE = South-eastern growth area (Casey and Cardinia).
 Habitat Compensation
◦ Are there any appeal rights associated with Work in Kind
(negotiated outcome, timely)?
◦ In what situations would areas avoided (i.e. not developed)
lead to a reduction in the offset liability?
◦ Who would be responsible for the management of retained
areas outside of the reserves proposed in the BCS (Council)?
◦ Is there any scope to reduce / negotiate a reduction in the
30% total offset obligation?
◦ Does the owner have an obligation to manage the land as a
conservation area?
 Golden Sun Moth offsets
◦ 7 areas where surveys were undertaken in
accordance with the prescriptions. Can either
the prescriptions or BCS be used, or only the
prescriptions?
◦ Can other landowners be exempt from the
standardised flat-fee if surveys were completed
prior to 1 March 2012? (pg. 21 of the SRSS)
 Growling Grass Frog offsets
◦ Is an offset required for the disturbance of
Category 1 GGF habitat if disturbance is as a
result of habitat creation?
◦ Is there flexibility regarding Works in Kind
association with GGF habitat creation?
◦ Will there be an opportunity to review and
contribute to the ‘GGF Implementation
Masterplan’ for the network of Category 1
habitat?
 Large Old Trees and scattered remnant
trees
◦ What are the additional incentives for the
protection of Large old trees and scattered trees
during the PSP process?
◦ Is the offset rate of $13,218/tree 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)
 Submission to SEWPaC over the next 1-2 weeks
 Provide feedback to DEPI on Habitat Compensation
Document on the cost recovery process
 Review and respond to the Land Acquisition Strategy
and GGF Masterplan – when released
 Review the Deloitte Access Economics Report
 Submissions on the SBB SRSS – if possible?
 Determine Habitat Compensation liability, Staged and
Deferred Payments, and Works in Kind
 Conservation area and GGF corridor boundary
refinement during PSP process (e.g. areas 18, 27, 28,
31, 32, 33)
21
Created Growling Grass Frog Habitat
Bundoora - 2003
22
Created Growling Grass Frog Habitat
Bundoora - 2004
23
Created Growling Grass Frog Habitat
Bundoora - 2005
24
 The Government has gone a long way in understanding and
accommodating the industry’s concerns
 ‘Public Consultation Report of Findings’ – excellent transparency
 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
 What are the likely planning permit conditions under the zoning
schedule
 How long until the Land Acquisition Strategy and Works In Kind
Agreement
 Extremely proud of the work undertaken over the past 4 years
Conclusion
 The four priority reforms are:
◦ Clarify and amend the objective of the permitted clearing
regulations
◦ Improve how the biodiversity value of native vegetation is
defined and measured
◦ Improve decision making
◦ Ensure offsets provide appropriate compensation for the
environment
Five supporting reforms will also be implemented:
◦ Define state and local government regulatory and planning
roles
◦ Better regulatory performance
◦ Improve offset market functionality
◦ New approaches to compliance and enforcement
◦ Continuous improvement program
 ‘No Net Loss’ compared with ‘Net Gain’
 Risk-based Assessment Pathways (Low, Moderate,
High)
 Online tools:
◦ Native vegetation extant
◦ Native vegetation condition
◦ Connectivity
◦ Species habitat distributions
◦ Species habitat importance models
◦ Strategic biodiversity value
 Flexibility with vegetation offsets
Location
Extent* Location A Location B Location C
< 0.5 hectares Low Low High
≥ 0.5 hectares and
< 1 hectare
Low Moderate High
≥ 1 hectare Moderate High High
Location
Extent* Location A Location B Location C
< 15 scattered trees Low Moderate High
≥ 15 scattered trees Moderate High High
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

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UDIA Industry Briefing Biodiversity Conservation Strategy - 3 June 2013

  • 1. UDIA – Vic 3 June 2013 Aaron Organ – Director / Principal Ecologist Adelaide, Brisbane, Melbourne, Geelong Ph. (03) 9377 0100 Mob. 0425 873 159
  • 2. Melbourne’s Biodiversity Conservation Strategy  Outstanding Questions  Actions / considerations Reforms to Victoria’s Permitted Vegetation Clearance Regulations  Overview
  • 3. 6  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 the Development Industry
  • 4. 7  Identification of ecological values via broad scale surveys and assessments over the past 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
  • 5. 8  Reduced need for further ecological assessments and vegetation offset brokers (simple to understand flat offset fee)  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
  • 6. 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) ✓ ✓ ✓ - Note: W = Western growth area (Melton and Wyndham); NW = North-western growth area (Sunbury); N = Northern growth area (Hume, Whittlesea and Mitchell); SE = South-eastern growth area (Casey and Cardinia).
  • 7.  Habitat Compensation ◦ Are there any appeal rights associated with Work in Kind (negotiated outcome, timely)? ◦ In what situations would areas avoided (i.e. not developed) lead to a reduction in the offset liability? ◦ Who would be responsible for the management of retained areas outside of the reserves proposed in the BCS (Council)? ◦ Is there any scope to reduce / negotiate a reduction in the 30% total offset obligation? ◦ Does the owner have an obligation to manage the land as a conservation area?
  • 8.  Golden Sun Moth offsets ◦ 7 areas where surveys were undertaken in accordance with the prescriptions. Can either the prescriptions or BCS be used, or only the prescriptions? ◦ Can other landowners be exempt from the standardised flat-fee if surveys were completed prior to 1 March 2012? (pg. 21 of the SRSS)
  • 9.  Growling Grass Frog offsets ◦ Is an offset required for the disturbance of Category 1 GGF habitat if disturbance is as a result of habitat creation? ◦ Is there flexibility regarding Works in Kind association with GGF habitat creation? ◦ Will there be an opportunity to review and contribute to the ‘GGF Implementation Masterplan’ for the network of Category 1 habitat?
  • 10.
  • 11.
  • 12.  Large Old Trees and scattered remnant trees ◦ What are the additional incentives for the protection of Large old trees and scattered trees during the PSP process? ◦ Is the offset rate of $13,218/tree 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)
  • 13.
  • 14.  Submission to SEWPaC over the next 1-2 weeks  Provide feedback to DEPI on Habitat Compensation Document on the cost recovery process  Review and respond to the Land Acquisition Strategy and GGF Masterplan – when released  Review the Deloitte Access Economics Report  Submissions on the SBB SRSS – if possible?  Determine Habitat Compensation liability, Staged and Deferred Payments, and Works in Kind  Conservation area and GGF corridor boundary refinement during PSP process (e.g. areas 18, 27, 28, 31, 32, 33)
  • 15.
  • 16.
  • 17.
  • 18. 21 Created Growling Grass Frog Habitat Bundoora - 2003
  • 19. 22 Created Growling Grass Frog Habitat Bundoora - 2004
  • 20. 23 Created Growling Grass Frog Habitat Bundoora - 2005
  • 21. 24  The Government has gone a long way in understanding and accommodating the industry’s concerns  ‘Public Consultation Report of Findings’ – excellent transparency  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  What are the likely planning permit conditions under the zoning schedule  How long until the Land Acquisition Strategy and Works In Kind Agreement  Extremely proud of the work undertaken over the past 4 years Conclusion
  • 22.  The four priority reforms are: ◦ Clarify and amend the objective of the permitted clearing regulations ◦ Improve how the biodiversity value of native vegetation is defined and measured ◦ Improve decision making ◦ Ensure offsets provide appropriate compensation for the environment Five supporting reforms will also be implemented: ◦ Define state and local government regulatory and planning roles ◦ Better regulatory performance ◦ Improve offset market functionality ◦ New approaches to compliance and enforcement ◦ Continuous improvement program
  • 23.  ‘No Net Loss’ compared with ‘Net Gain’  Risk-based Assessment Pathways (Low, Moderate, High)  Online tools: ◦ Native vegetation extant ◦ Native vegetation condition ◦ Connectivity ◦ Species habitat distributions ◦ Species habitat importance models ◦ Strategic biodiversity value  Flexibility with vegetation offsets
  • 24.
  • 25. Location Extent* Location A Location B Location C < 0.5 hectares Low Low High ≥ 0.5 hectares and < 1 hectare Low Moderate High ≥ 1 hectare Moderate High High Location Extent* Location A Location B Location C < 15 scattered trees Low Moderate High ≥ 15 scattered trees Moderate High High
  • 26. 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