Native Vegetation – Clarifying the Issues

The CMPA SECRETARIAT attempts to clarify some of the issues that commonly occur in applying the Native Vegetation Framework to extractive industry projects.

VICTORIA’S Native Vegetation Management: A Framework for Action (the Framework) was released in 2002. The primary goal for native vegetation management is a reversal of the long term decline in the extent and quality of native vegetation, leading to Net Gain.

Since 2002, numerous guidelines, information sheets and forms have been developed to explain how this simple concept is enacted in practice. Working your way through all this material requires the assistance of a professional, but even then there can be differences in perspectives and understanding between operators, consultants and DSE staff.

In 2009, the Native Vegetation Management Guide for the Earth Resource Industries (the Guide) was jointly published by DPI and DSE after industry feedback, including the CMPA’s. It aimed to provide guidelines for the many specific issues faced by the quarrying and mining sectors. This has certainly been a useful step forward and helped to clarify many native vegetation issues specific to mining and quarrying. However, it is not until the Guide has been used by a wide variety of users that some areas of misunderstanding or confusion have come to light.

Some following points of clarification have recently been received from DSE on some of the issues in the Guide that were causing confusion.

Question – Are the Off set Plan and Off set Management Plan the same term?

DSE Response – Yes, these terms are interchangeable terms but relate to the same document (this inconsistency will be amended when the Guide is reviewed).

Question – There has been some misunderstanding on the timing of submission and required detail of the Offset Plan (OP). The flowchart on page 2 of the Guide indicates that an OP is required to be submitted with the draft Work Plan to DPI for DSE to assess, and if appropriate, for DSE to then respond to DPI that the Work Plan can be endorsed. On the other hand, Section 5 of the Guide states that “Once clearing has been approved by the Responsible Authority and/or DSE, a proponent is required to draft an OP………”, which implies that the detailed OP is only required later in the Planning Permit approval stage, not with the submission of the draft Work Plan stage.

DSE Response – As part of approving the removal of native vegetation, DSE/DPI must be satisfied that the three step approach of avoid/minimise/offset has been followed.

This includes being satisfied through the information provided by the proponent that off sets are available/achievable. DSE requires this to be provided in the form of a draft OP at the Work Plan stage. Requiring the submission of a draft OP encourages native vegetation removal and off set liabilities to be considered at the planning stage. This enables the proponent to understand their native vegetation liabilities at the outset and reduces the risk of issues arising at a later stage.

It should be noted that for Very High Conservation Significance (VHCS) native vegetation, the offsets must be ‘initiated’ prior to the loss. This includes the approval of the finalised OP by DSE. For all other (non VHCS) losses, this OP must be approved by DSE as soon as practicable after the native vegetation is removed and no later than 12 months. For Very High Conservation Significance (VHCS) native vegetation the removal must also be approved by the Minister.

In order to clarify the process described above in the Guide, the wording of Section 5 will be clarified and the flowchart revised to include two separate pathways, one for VHCS and the other for non-VHCS. The flow chart will
also be amended to note that the initial OP submitted is a draft OP.

Question – Are Section 173/69 agreements required to be in place prior to a Work Plan being endorsed as Appendix 3, p22 of the Guide indicates that ‘security’ arrangements must be investigated, not necessarily in place, in an OP?

DSE Response – Section 2.2.4 of the Guide indicates that….. off sets must be secure (on title) and ongoing. Therefore, prior to a tenement (or Work Authority) being relinquished, all off sets must be secured on title with an ongoing agreement.

This differs from the standard requirement and is a concession for the earth resources industry in recognition of the security afforded to these sites from the DPI’s ongoing regulation. For example, the standard, non earth resource industry requirement DSE has established for off sets being ‘initiated’ includes security arrangements being in place.

It should be noted that any draft OP would benefit from outlining how the security will be provided in the future, or at minimum, the options available for securing the off sets on title, once the Work Authority is relinquished.

It would be beneficial for proponents to understand these requirements earlier rather than later in the process.

CMPA Note: The proposal by DPI to make the endorsement of the work plan a statutory process should not change this requirement for security arrangements for offsets to be in place prior to the Work Authority being relinquished, rather than prior to endorsement of the work plan.

Copies of the Vegetation Management Guide for the Earth Resource Industries are available from the DPI website at http://new.dpi.vic.gov. au/earth-resources/earth-resources-industries/minerals/guidelines

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