Native Vegetation Act operation in practice and biodiversity protection in fire prone areas Craig...
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Transcript of Native Vegetation Act operation in practice and biodiversity protection in fire prone areas Craig...
Native Vegetation Act operation in practice and
biodiversity protection in fire prone areas
Craig WhissonDepartment of Water Land and Biodiversity Conservation
3 May 2010
Legislative Framework
• Native Vegetation Act 1991
• Native Vegetation Regulations 2003
• Provide for the control of native vegetation clearance across the State
• Establishes the o Native Vegetation Council, and o the Native Vegetation Fund
• Conserve, protect and enhance native vegetation
• Limit the clearance of native vegetation to particular circumstances
• Provide incentives and assistance for the management, research and re-establishment of native vegetation
Objects -Native Vegetation Act 1991
Clearance for other purposes can occur under either:
• Native Vegetation Act 1991o broadacre native vegetation
clearance for agricultural development is not permitted
o can be for any purpose
o assessed against 13, Schedule 1 ‘Principles of Clearance’
o NVC not able to approve clearance of ‘intact’ vegetation
•
Clearance processes
Clearance processes
• Native Vegetation Regulations 2003
o for specific purposes, eg. house sites, fence lines, bushfire protection and planning, infrastructure, mining, public safety
o range of requirements and complexity
Most authorised clearance (including some regulations) must be offset by an environmental gain - Significant Environment Benefit (SEB)
Native Vegetation Regulations
• Define circumstances, including ‘exemptions’ where native vegetation may be cleared
• Contain mechanisms to allow reasonable necessary clearance
• Around 40 exemptions – relate to protection and management of bushfires, infrastructure, safety, fence lines, roads, mining, regrowth, pest control etc
Significant Environmental Benefit (SEB)
• An SEB offsets the biodiversity loss from the authorised clearance of native vegetation
• Most clearance approvals have an SEB as a condition of consent. The SEB can be:o restoration and/or managemento re-vegetation, oro payment into the Native Vegetation Fund
• SEB determined by Native Vegetation Council policy and guidelines
Heritage Agreements
• Established under the Native Vegetation Act to assist landowners protect wildlife habitat and native vegetation on privately owned land
• Contract between landholder and the Minister for Environment and Conservation
• Heritage Agreements are binding on future landowners, designed to last in perpetuity
• More than 1400 agreements covering around 620, 000 hectares – less than 1 ha to 60,000 ha
Bushfire Guide to reduce the impact of bushfire- management planning focused on three zones:- Asset protection zone (APZ)- Buffer zone (BBZ)- Landscape zone (CLMZ)
Native Vegetation Regulations exempt clearance
Exemptions for bushfire management:- clearance around a dwellings: 20 metres (AS3959-2009)
- clearance around a building: 5 metres (AS3959-2009)
- fire tracks of varying size: GAFLC Guidelines
- fuel reduction measures any area: subject to a management plan
Native Vegetation RegulationsBushfires
Outcomes
• Planned, Simple, Local processes
• Greater linkages with revised bushfire planning processes
• Simplified applications
• Local decision making by SA CFS as Lead Agency
The Act enables but does not require people to carry out these activities.
Native Vegetation RegulationsBushfires
Native Vegetation,
Bushfires, and Planning
Policy Challenges