Native Vegetation Offsets Nov 2014: Matt Mooney, Environmental and Cultural Heritage Advisor, South Western Victoria.

Typical road improvement projects

• Road duplications (e.g. Geelong to Colac)

• Intersection improvements (e.g. Roundabouts)

• Bridge construction

• Road realignments

• Bypasses / ring roads

• Lane widening

Before we talk about offsets

• Survey and investigation

• Avoidance and Minimisation

• Consultation with community and stakeholders

• Huge network of environmental and heritage legislation and policy (Local, State and Federal).

• Native vegetation only cleared if absolutely necessary. First steps are to avoid and minimise.

Native Vegetation Offset:

• A native vegetation offset is any works, or other actions to compensate for the loss of native vegetation arising from the removal or destruction of native vegetation. The gains achieved must be permanent and ongoing, and linked to a specific clearing site.

Native Veg Offsets – VicRoads role

• Keep a register of all veg removed and offsets required

• Source and secure offsets

• Liaise with DEPI, Council, landowners

VicRoads Net Gain Bank • Land purchased by VicRoads for offsets, surrendered (transferred) to

Crown (DEPI) and incorporated into a Reserve or National Park.

• Land owned by VicRoads, which has a Trust for Nature Covenant placed upon it and sold on the open market. VicRoads then utilise the credits.

• Agreement set up between private landowner, Local Council and VicRoads: Sec 173 agreement (P & E Act). Landowner owns and manages the site and VicRoads obtains the native vegetation credits.

• Landowner / private company registers their native vegetation through DEPI BushBroker. DEPI native vegetation credit register records those native vegetation credits .

• VicRoads Roadside Vegetation which has been recognised as native vegetation offsets.

Net Gain Assessment

Native Vegetation Retention Permit

Source Net Gain Offsets

Secure Net Gain Offsets

(Standard VicRoads Template Agreements (In development))

Manage Net Gain Offsets

BIODIVERSITY ASSESSMENT

DETERMINE PERMIT

REQUIREMENTS

SATISFY PERMIT

REQUIREMENTS

Native Vegetation Management

Framework (DSE)

VicRoads Net Gain bank

Crown land Road Reservations

Private Land

Offset Management Plan

Offset Security Agreements (s.173 P&EA, s.69 CF&LA, Covenants)

Implementation of Offset Management Plan by

VicRoads or a third party

Transfer of Management Responsibilities (VicRoads

Land and Facilities Management Policy)

VICROADS NET GAIN MANAGEMENT FRAMEWORK

Delivery

Planning & Development

Pre construction

Source offsets • Input into VicRoads Net Gain

Register

• Check VicRoads Net Gain Bank

• No match – submit Bushbroker request

• Trust For nature

• Council

• Private Landowners

PRIORITY ONE

Bushbroker (BB)

Trust for Nature

VicRoads Net Gain Bank. (includes VicRoads own

land and purchasing of land

options)

Council

Private Landowners

PRIORITY TWO

PRIOITY THREE

PRIORITY FIVE

PRIORITY FOUR

Securing offsets

Securing offsets on property title – permanent protection

DSE Bushbroker • Section 69 Conservation, Land and Forest Act 1987

TFN • Covenant (TFN) Victorian Conservation Trust Act 1972

Council • Section 173 Planning and Environment Act 1987

Securing Offsets

• Must be secured through an on-title agreement.

• Bushbroker – Sec 69 agreement under Conservation Forest and Land Act 1987. Agreement is between a landowner and Secretary of DSE. Binds existing and future landowners to complete a 10 year management plan and ongoing land use commitments.

• Bushbroker Credit Trading Agreement: formalises obligations of VicRoads and landowner – details the number, type and price of native veg credits. Secretary of DSE holds funds – progress payments.

Purchase and transfer of land to Crown, Example

• Property adjoining Great Otway National Park at Carlisle River 49.44 ha (approximately).

• Four EVCs identified, ranging from heathy woodland to lowland forest and wet scrub vegetation.

• Potential for several threatened species to occur.

Purchase and transfer of land to Crown, Example

• VicRoads purchased and then transferred land to the Crown in exchange for net gain credits to the value of 19.52HHa and 132 LOTS.

• Contributes to ecosystem linkages

• Contributes to representative protected area system due to diversity of vegetation.

• Addition to Great Otway National Park.

TOP RESULT!!

Section 173 Agreement - Example • Natimuk Frances Rd Project – West Wimmera

• Offset block – Plains Woodland

• Sec 173 Agreement between VicRds, Shire and Landholder. • Management Agreement between landholder and VicRds

(confidential – details of payment etc). • Property since sold, but offset block retained by original

owner. • Sec 173 Agreement protects block in perpetuity.

Trust for Nature covenant - Example • Western Hwy (overtaking lanes) - Wimmera. • Individual trees offset with purchase of EPBC listed

vegetation (Plains Woodland) • The Buloke Woodlands listed as endangered ecological

community (EPBC act). • Supports Pale Sun Moth (Critically Endangered)

• TFN Covenant with Management Plan. • Committee of Management to be formed (VicRds

will be represented, but TFN and C.O.M will be responsible for management).

• Long process (2006 - 2012).

Barwon Heads Bridge Offset

Barwon Heads Bridge Offset • 10 year offset management plan • Agreement between VicRoads and Barwon Coast (Committee of

Management) • Remnant vegetation management / enhancement • Weed control (Bridal Creeper, Boxthorn, Polygala, Italian Buckthorn,

Dolichos Pea) • Revegetation (Coastal Dune Scrub, Coastal Alkaline Scrub, Coastal

Dune Grassland).

• NB - Council and DSE not required to sign off on this Offset Management Plan given that it has been negotiated directly between Barwon Coast Committee of Management and VicRoads, outside of the normal planning permit process. Note that an Order in Council was issued for the construction of the Barwon Heads Bridge, thereby exempting VicRoads from relevant aspects of the Planning and Environment Act (i.e. in relation to removal of native vegetation).

Prior to 2005

Pros and cons, the old vs. new Old system (prior to 2005) Post 2005

• Local projects • Community involvement (friends groups, landcare). • Practical land management outcomes (reveg, weed control, erosion control) • But: Security mechanism not usually required (no Sec 173, 69 or TFN covenant).

• Figures and words on paper. • Reduced opportunity to experience the offset first hand, and have some on ground involvement. • Less opportunity for community involvement •Less ownership / not tangible • Little opportunity to observe progress in delivering OMP. • Less opportunity for reveg, weed control, erosion control – Not creating anything new. • But: Security / in perpetuity (Sec 173, Sec 69 and TFN covenants): bound to title.

How can landholders work with VicRoads to provide offsets?

1. VicRds first preference usually Bushbroker etc.

2. Contact Lee Kols (VicRoads Kew): 9854 1998

3. Will consider need for potential offset alongside VicRoads current and projected program.

4. If potentially viable, private broker engaged - registration via Bushbroker.