CMPA SUBMISSIONS (Issue 24)

Native Vegetation Exceptions

Sarah Andrew, CMPA Project Manager

Recently, the DSE undertook a review into the State’s native vegetation exemptions. This review looked at all exemptions from Clause 52.17 of the State Planning Policies that are presently allowed focusing on the impact of the existing exemptions, the basis of exemptions, and recommend any additions, deletions, or modifications that should be made.

The extractive industry exemptions were looked at in detail with five options being put forward. After consultation with a number of members and consultants, the following comments were made by the CMPA with a detailed explanation of the Work Authority process for their information:

Option 75: The option of ‘Retain the existing exemption’ is somewhat a misnomer as when the extractive industries apply for a planning permit to commence operations, consideration is given to the native vegetation impacts in this process. The CMPA and its members do however see this option remaining at a minimum.

Option 76: The option of reiterating the extractive industries exempt under Section 5 of the Extractive Industries Development Act appears contrary to the government’s general policy of not repeating legislation. If a person feels that they may be covered under Section 5, then they should source the Extractive Industries Development Act to confirm or otherwise prove.

Option 77: The CMPA would not want to see the existing exemption for Extractive Industries extended to include activities listed under Section 5 of the Extractive Industries Development Act due to the lack of approval processes for such sites.

Option 78: The CMPA feels that it is essential to ensure the continued development of the extractive industries and the continued ability of Victorian’s to enjoy relatively low costs earth resources that the option of amending the exemptions under the Environmental Significance Overlay, Vegetation Protection Overlay, Significant Landscape Overlay, Erosion Management Overlay and the Salinity Management Overlay to include the extractive industry similar to mining and mineral exploration.

This is appropriate as the Work Authority process undertaken by the extractive industries is based on the finite life of the resources considers the vegetative needs of the site through the bettering of any buffer zones in stages and the progressive rehabilitation of the works. Furthermore, in many cases the vegetative gains occurring as a result of the rehabilitation process are being seen many years before the vegetative losses occur.

Option 79: The CMPA fully supports the recommendation to amend the exemption to include “search for stone” with a limit on the area of native vegetation that may be removed.

Furthermore, we noted that our members are keen to see the outcome of this investigation as the native vegetation requirements are affecting many
of their businesses. We are beginning to hear from members and others within the industry who are finding it very difficult to commence or extend their operations due to this legislation.

As a result resources are being sterilised that would have otherwise served the local community, and excessive transportation of materials occurs which impacts upon carbon emissions and damages roads.

If you or anyone you know has recently dealt with any native vegetation issue, it would be greatly appreciated if you could let Sarah know. We are particularly interested to know if there were any difficulties, what time frame approval took and if you would undertake the process again. Email Sarah at sarah.andrew@cmpavic.asn.au

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