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NVC Roadside Native Vegetation Management Forum 2013

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NVC Roadside Native Vegetation Management Forum

2013

Purpose of the day

• Provide information on managing roadside vegetation

• Coincides with the recent release of Roadside Vegetation Guidelines and Management Plan documents

• Cover elements of native vegetation management relevant to roadsides (eg: pest control, fire, public safety and grants)

• Opportunity to have open discussion on NV related matters

Presentation Overview • Why the need for native vegetation regulation?

• Legislative framework

• Native Vegetation Council

• Native Vegetation Fund

Speaker’s topics

• Unpacking Roadside Vegetation Guidelines and Templates

• Local Government stories and case studies

• Native Vegetation Incentives Program (SEB’s & Offsets)

• Public Safety – Regulation 5(1)(lb)

• Compliance

• Fire Management – Regulation 5A

Panel discussion

Why the need for regulation?

• Native vegetation is the foundation of our biodiversity, providing habitat for plants and animals and other ecosystem services

• Less than 25% remains in SA’s agricultural areas (some regions as low as 12%)

• Native vegetation loss = biodiversity loss

• What remains is under threat from habitat fragmentation, grazing, weeds & development

• Underpins/links to SASP (2011) targets T69 - Lose no species & T 70 - Sustainable land management

Legislative Framework

• Native Vegetation Act 1991

• Native Vegetation Regulations 2003

• Provides for the control of native vegetation clearance across the State

• Establishes the Native Vegetation Council and 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 of the Native Vegetation Act 1991

Native Vegetation Regulations

• Define ‘exemptions’ or circumstances where native vegetation may be cleared

• Contain mechanisms to allow reasonable necessary clearance

• Around 40 exemptions – relate to fire safety, infrastructure, public safety, fence lines, roads, mining, regrowth, pest control and others

• Guide to Regulations

Legislative interaction

The Act interacts commonly with a number of other Acts. While not all legislation is captured, the more common legislative interactions relate to:

• Fire and Emergency Services Act 2005

• Mining Act 1971 & Petroleum and Geothermal Act 2000

• Development Act 1993

• Environment Protection and Biodiversity Conservation Act 1999

• Natural Resources Management Act 2004

The Native Vegetation Council

• Presiding Member, nominated by Minister for Environment and Conservation

• Ministerial nominee, recognised for knowledge and experience in the environment

• South Australian Farmers Federation (landowner)

• Conservation Council of South Australia

• Natural Resource Management Council (landowner)

• Local Government Association (landowner)

• Commonwealth Minister for Environment (vacant*)

Functions of the Council

• Keep condition of native vegetation under review

• Advise Minister on native vegetation issues

• Determine applications for consent to clear

• Encourage research

• Encourage re-establishment

• Administration of the Native Vegetation Fund

• Compliance with the Act

Clearance Processes

and Controls

• Broad acre native vegetation clearance for agricultural development is not permitted in SA

• Clearance for other purposes can occur under either:

• Native Vegetation Regulations 2003, or

• Native Vegetation Act 1991 (section 28 application)

Clearance Processes

Two pathways for legal clearance of native vegetation

1. Application under Section 28 of the Act

• Can be for any purpose

• Not ‘intact’ vegetation

• Assessed against thirteen principles

2. Regulations

• For specific purposes, e.g. fence lines, firebreaks, house sites, infrastructure, mining, public safety

• Range of requirements and complexity

Most clearances require a Significant Environment Benefit (SEB)

Native Vegetation Fund

• Established by the Act – made up of range of sources

• Expenditure decisions rest with Council

• Supports:

Heritage Agreement Fencing

Research Grants

On-ground SEB projects

$ from SEBs, fines and penalties MUST be used for on-ground management of native vegetation within the region where the clearance occurred

THANK YOU

Any questions?

Overview

• Responsibilities with Roadside Vegetation

• Guidelines for the Management of Roadside Vegetation

• Unpacking the Guidelines

• Break

• Roadside Vegetation Management Plans – Templates and the “How-to” Guide

carriageway

roadside

What is Roadside Vegetation?

District Councils are required to manage roadside vegetation, the councils or someone acting on behalf of the council:-

either

• through Native Vegetation Council (NVC) - “Guidelines for the Management of Roadside Vegetation”

or

• in accordance with a Roadside Vegetation Management Plan, (RVMP) approved by the NVC

Regulation 5(1)(y) – Roadside Vegetation

Guidelines for the Management of

Roadside Vegetation

• First released in 1992, this is an example of the booklet re-released in 1997

• Fundamental component of Regulation 5(1)(y)

• Consultation with key stakeholders lead to the updating of the Guidelines

Guidelines for the Management of

Roadside Vegetation

• Example of the updated version of the Guidelines

• Enables District Council to manage roadside vegetation under Regulation 5(1)(y)

• Consultation with stakeholders lead to the updating of the Guidelines

• Maintenance & New Roadworks

• Pest Plant and Pest Animal Control

• Bushfire Prevention

• Fencelines

• Access to Adjoining Land

• Installation and Maintenance of Utilities

• Grazing (Leased roads and General)

• Removal of Plant Material / Maintaining Diversity

• Recreational Trails

• Undeveloped Road Reserves plus Restoration and Management

Summary of the 2012 Guidelines for the Management of Roadside Vegetation

Local Council Roadworks

• New Roadworks – Regulation 5(1)(d)

• Roadside Maintenance

Clearance envelopes

• General Management Practices

Placement of work

vehicles

Counter measures for

spreading weeds

Pest Plant and Animal Control

• Joint effort between Landholders, their local Council, NRM Pest Control Officers and the NVBMU

• Tackle issues pertaining to pest plant and pest animal

Bushfire Protection

• Written in collaboration with the SACFS

• Fire Emergency Services Act 2005

• Mentions the provisions of Regulation 5A which outlines clearance involved in bushfire protection works

• Resources available to supplement the fire section in Guidelines

Clearance for Fencelines

Clearance up to 1 metre in width into a road reserve for the construction or maintenance of a boundary fence is allowed under Native Vegetation Regulations

Clearance for Access to Adjoining Lands

Safety of the access user needs to be the primary consideration. However, the conservation of native vegetation is also a high consideration.

• For normal vehicle access: 5 metres wide

• For wider farm vehicles: 10 metres wide

• Plus safe sight distances

Installation and Maintenance of Utilities

Regulation 5(1)(d) – Building or provision of infrastructure

Regulation 5(1)(f) – Maintenance works associated with electricity supply

Regulation 5(1)(g) – Repair or maintenance of infrastructure

Grazing on Roadsides

Consider the consequences of grazing in roadsides.

• Are areas of important stands of vegetation going to be impacted?

• Flowering times Native species versus introduced species

• How do we know? Survey of Roadside Vegetation in key droving areas!

Removal of Plant Material

• Collection of dead timber (firewood collection)

• Cutting of live timber

• brush-cutting

• unauthorized seed, flower and/or fruit harvesting.

Maintaining Biodiversity on Roadsides

Prescribed burns

Managing Mistletoe

• Australia’s unique eco-systems can be strategically enhanced with appropriate adaptive management

Recreational Trails on Road Reserves

• Proper planning trails for horse-riding, bike riding and or walking ensures the retention of native vegetation of all trail users to enjoy

• It is also important to consider if rare or threatened species occur where the recreational trails are planned to go

Undeveloped Road Reserves, Restoration and Management

Can be highly diverse

Require little maintenance

District Council NVBMU / NVC Landholders

Flow of information and communication

THANK YOU

Any questions?

Preparing Roadside Vegetation Management

Plans – A Guide and a Template to assist Local

Councils

The Update of the Guide

The Update of the Guide

This revised Guide will assist local councils with the preparation of a Roadside Vegetation Management Plan (RVMP). It –

1. outlines the benefits of having a RVMP,

2. provides details on the required contents and recommended structure of a RVMP;

3. provides a template for a RVMP; and

4. outlines options for assistance with managing Roadside Vegetation.

• Functional Benefits

Wind breaks / reduces impact of water run-off / excludes weeds and ecological functions (e.g. lowers water table)

• Social Benefits

Scenic to drivers / historical representation of vegetation / natural character and tourist appeal

• Conservation Benefits

Roadsides support populations of rare or threatened species/ important habitat for native fauna and important as a habitat corridor

Broad benefits for protecting roadside vegetation

Level 1.

BASIC RVMP

Level 2. RVMP WITH VEGETATION

MAPPING

Level 3.

FORWARD PLANNING RVMP

Level 4.

HYBRID PLAN

OR

Level 1.

BASIC RVMP

• Quick, inexpensive to produce, outlines approval procedures.

• Does not include vegetation survey;

• Limited information over and above NVC Guidelines, but still useful in other ways.

Level 2

RVMP WITH VEGETATION MAPPING

• More informative, and helps to protect important areas of native vegetation from accidental clearance.

• Vegetation survey expensive, but can be partly funded by an NVC grant.

Level 3

FORWARD PLANNING RVMP

• Incorporates forward planning

• Action plan with priorities and timelines

• Requires increased local council commitment and input.

Level 4

HYBRID PLAN

• Uses parts of all three other levels.

• Councils can adapt the template to better suit their own needs.

• Requires more local council input.

Section 2: Establishing a Plan

District Council Roadside Vegetation Management Plan

Key Step Checklist

Resources Format

Appendix Information on:-

• Implementing Roadside Vegetation Surveys

• Roadside Marker Schemes

• Risk Assessment Guidelines

Examples of:-

• Roadside Vegetation Impact Approval Procedures

• Job Environment Analysis Checklist

• Incident Report Forms

Additional Information

Discussion / Questions

Further information: Web: www.environment.sa.gov.au/nativevegetation E: [email protected] T: 8303 9777

or come have a chat today

Significant Environmental Benefit (SEB)

What is an SEB?

• An improved conservation outcome = a biodiversity gain

• Gains in the quality and/or quantity of native vegetation

• A requirement under Section 29 of the Native Vegetation Act 1991

Diurus maculata

When Does an SEB Apply?

• clearance of scattered paddock trees and degraded patches of native vegetation associated with agricultural development and changes in property management, and

• clearance of native vegetation under the Native Vegetation Regulations 2003, including for approved infrastructure, houses and mining operations.

How is a SEB Achieved?

1. Through on ground works

or

2. Via payment into the Native Vegetation Fund

What is a SEB Offset?

Compensation for clearance of native vegetation

SEB requirement

SEB offset

On-ground works

Payment into NV fund

NVC SEB Grants

On-ground works

Examples of SEB Offsets

• On-ground SEB offsets

Land with ongoing

management plans

Heritage Agreements

• SEB Grant Projects

• Responsible for ensuring compliance with on-ground SEB offsets that are a legal requirement of native vegetation clearance

• Once clearance has been approved AND the SEB offset has been agreed:

A management plan is prepared, and

if the SEB offsets is remnant it is managed

if the SEB offset is revegetated, it is assessed

• Officers inspect SEB offsets

To check they are following Management Plans

Using Bushland Rapid Assessment Technique (BushRAT) or Revegetation predictor table

Against benchmarked (BCM) communities

SEB Monitoring Program

Native Vegetation Incentives Program

• NVC SEB Grants

• NVC Research Grants

• The Heritage Agreement (HA) Scheme

• HA Grants

• Financial Assistance for HA fencing

• Roadside Survey Grants

NVC SEB Grants

• Payments into Native Vegetation

Fund arising from SEB offsets

• NVC must use offset funds to

achieve an SEB

• Funding remains in the NRM

Region where original clearance

occurred.

Heritage Agreements

• Contracts between the landholder and the Minister for Sustainability, Environment and Conservation to conserve the native vegetation on their property

• Are in perpetuity.

• Apply to conservation areas on private land that have high biodiversity.

• Are held by private individual landholders, local councils, companies, organisations and societies across the state.

HA Grants

• Financial assistance of up to $3000 annually to implement ecological on-ground work projects that benefit the native vegetation in Heritage Agreement areas.

• $3500 available for management plans

Eligible projects include:

weed control, mapping and/or identification;

fox, rabbit or other feral animal control;

repair of damaged areas (eg previously cleared or eroded sites);

mapping of native plants or native vegetation communities;

native animal survey (permits needed);

production of part or all of a management plan;

local/minor trials of good conservation management techniques.

Financial Assistance for Fencing of Heritage Agreements

NVC Research Grants

• Funding of up to $20,000 is available for research into the conservation, restoration and management of native vegetation.

Need to:

• inform and assist in the development of native vegetation policy by the NVC, and/or

• lead to the improved management of native vegetation and/or conservation status of species or communities , and/or

• result in specific recommendations aimed at improving some aspect of habitat or biodiversity conservation in South Australia.

NVC Roadside Survey Grants

• Funding is available for roadside projects such as Roadside Markers and/or Roadside Vegetation Surveys

• Roadside Vegetation Survey Grants are available to Local Councils and community groups that are associated with Local Councils

NVC Funding for Managing Roadside Vegetation

$55,000 additional funding

Aimed at gaining a better understanding of the extent of roadside native vegetation and how it can be best managed

Open only to councils

LGA website http://www.lga.sa.gov.au/site/page.cfm?c=28084

Applications close 19 April 2013

THANK YOU

Any questions?

Non-exempt Activities

• Where the physical structure is the hazard and the native vegetation is incidental for example:

• Embankments

• Road widening

• Intersection realignment/modification

• Retrospective upgrade works

• Clearance of frangible native vegetation (other than for Category 1 clearance)

Regulation 5(1)(lb) - Clearance for Public Safety

61

Unpack ‘Framework for the Clearance of Native Vegetation under Regulation 5(1)(lb)

Outline the circumstances where non-frangible native vegetation may be cleared

Discuss the 3 Clearance Categories

Outline where SEB is required

Presentation Outline

62

Regulation 5(1)(lb) - Clearance for Public Safety

• Regulation 5(1)(lb) introduced September 2009

• Exempts clearance of native vegetation (whole trees) to protect public safety

• No SEB required

• Clearance approval required by NVC

• Not a replacement for Regulation 5(1)(d) – Clearance for infrastructure

63

Process for Developing 5(1)(lb) Framework

‘Framework for the Clearance of Native Vegetation under Regulation 5(1)(lb) – Public Safety for Rail Crossings, Road Intersections and Roadsides’

• Developed by Working Group (LGA, NCSSA, NVC, DPTI)

• Strikes a balance between public safety and maintaining roadside biodiversity

• Outlines where non-frangible* native vegetation may be cleared - (*plant species with a stem diameter (at maturity) of 100mm or greater)

• NVC Endorsed Interim Framework - December 2010

• 12 month trial

• Extensive feedback from LGA and members

• Review of Interim Framework by Working Group Jan – Mar 2012

• NVC endorsed operational Framework – October 2012

• To date - 18 applications to clear have been approved 64

5(1)(lb) Considerations

• Prior to an application, road authorities must consider :

Would the road works proceed if the native vegetation was not present?

• If yes, then the native vegetation is not the hazard rather it is incidental and is unlikely to be considered under Regulation 5(1)(lb)

Non–exempt activities

Intersection realignment/modification

Road widening activities

Retrospective upgrade works

New road works

65

Three Clearance Categories

Clearance may be considered under one of the following Categories:

• Category 1: safe sight lines/triangles at road intersections, inside of curves and at rail crossings

• Category 2: clearance widths adjacent to edge of travelled way

• Category 3: clearance beyond Category 1 and 2 zones

All Categories (1, 2 and 3) must consider NAMO principles and other safety improvement options first as opposed to clearance.

All clearance proposals require prior written approval from NVC

66

Category 1

Category 1: Safe sight lines/triangles at road intersections, inside of curves and at rail crossings consistent with Austroads Guides

• Selective clearance/trimming of non-frangible native vegetation

• Clearance of frangible native vegetation (understorey) limited to a height that sustainably maintains the understorey and not cleared down to bare earth

• No SEB required

(SISD) Safe Intersection Sight Distance

67

Category 2

Category 2: Clearance widths adjacent to edge of travelled way (non-frangible)

• Sealed roads: Clearance width dependent on road speed design (kms/hr)

• Unsealed roads: Clearance up to 2m either side of a defined travelled way capped at a total width including the travelled way itself of up to 12m

• Designed for differing road widths

• No SEB required for non frangible clearance

Clearance of frangible native vegetation is not exempt = SEB required

Sealed roads Unsealed Roads

Road Speed Clearance Width Defined Travelled Way Total Clearance Width

≤80 km/hr 2 m 6m 6 + 2 +2 = 10m

>80 km/hr 3 m 8m 8 + 2 +2 = 12m

10m 10 + 1 +1 = 12m 68

Edge of seal

Edge of travelled way

Category 2 - Sealed Roads

3m (>80 km/hr)

2m (≤80 km/hr)

69

2m (≤80 km/hr)

3m (>80 km/hr)

Edge of defined travelled way

Category 2 - Unsealed Roads

2m 2m

Capped at 12m

Grader edge as specified in

Councils Infrastructure Plans

70

Category 3

Category 3: clearance beyond Category 1 and 2 zones (non-frangible)

• Greater vigour required in assessing the public safety risk

• Applies only to safety treatments which result in clearing:

< 6 scattered trees

< 0.5ha of canopy area of non-frangible native vegetation

• No SEB required if the clearance

falls within the thresholds

• If not then an SEB is required (5(1)(d)

71

http://www.environment.sa.gov.au/Conservation/Native_vegetation/Managing_native_vegetation/Public_safety

Framework for the Clearance of Native Vegetation under Regulation 5(1)(lb) – Public Safety

for

Rail Crossings, Road Intersections and Roadsides

October 2012

Can be downloaded from the DEWNR website at:

72

THANK YOU

Any questions?

Compliance

2011/12 Total roadside compliance reports: 40

Exempt under Regs: 11

Compliance issues: 29

2012/13 to mid Feb 2013

Total roadside compliance reports: 25

Exempt under Regs: 5

Compliance issues: 20

2011/12 Adelaide

& Mt

Lofty

Ranges

SA Murray-

Darling Basin

Northern &

Yorke

South

East

Kangaroo

Island

Eyre

Peninsula

Alinytjara

Wilurara

Total

Expiation 1 1 2 Written Caution 2 2 1 1 6 Education letter 4 3 2 1 10 NFA – Unable to

determine

offender

2 1 1 2 2 8

NFA – other 2 2 Other 1 1 Total 6 7 6 6 3 1 0

2012/13 to mid

Feb 2013

Adelaide

& Mt

Lofty

Ranges

SA Murray-

Darling Basin

Northern &

Yorke

South

East

Kangaroo

Island

Eyre

Peninsula

Alinytjara

Wilurara

Total

Enforcement

Notice 1 1

Expiation &

Enforcement

Notice

1 1

Written Caution 1 1 2 Education Letter 2 5 4 11 NFA – Unable to

determine

offender

2 1 3

Other 2 2 Total 4 8 6 0 0 2 0

Reporting Native Vegetation Clearance

Try to determine the following:

• Where – location, allotment/section & Hundred, GPS points

• Who – landowner, contractor, corporate body

• What – species, size/numbers, age – is it native?

• Condition of vegetation cleared – mature, regrowth

• When – is it ongoing, recent or old?

• How – any equipment remaining, chained, rolled, burnt, etc.

Photos are a valuable sources of information

LGA page at: www.environment.sa.gov.au/nativevegetation (see Related Links)

Compliance Guidelines

Guidelines that rate the significance of clearance

• Extent/size

• Habitat significance – health, maturity

• Landscape context – proximity/location, shape

• Reversibility – regeneration?

• Intent

• Compliance history

Compliance Options

• Education/information letter

• Formal written caution

• Enforcement Notice (s31E) – stop work/make good (for minor clearances)

• Expiation ($500)

• Civil proceedings – Environmental Resources and Development (ERD) Court

• Criminal prosecution – followed by Civil if successful

NV Compliance Steering Committee

• The NVCSC is the decision making body that determines the compliance option for an unauthorised clearance rated moderate to serious

• The NVCSC meets bimonthly and convenes in and out of session if urgent

• Serious incidents are referred for further investigation

Offences

There are 2 main offences under the Native Vegetation Act:

• Clearance without consent

• Breach of a condition of consent

Maximum Penalty:

• $2,500 per hectare; or $100,000 whichever is the greater

or

• the amount per hectare that the land has increased in value as a direct result of the clearance; or $2,500 whichever is greater

Civil Enforcement Proceedings

• The NVC are required to initiate civil proceedings following a conviction or as a stand alone action

• The proceedings are heard in the ERD Court

• The purpose is to make good the breach of the unlawful clearance

• Orders can include revegetation, payment into the NV Fund, SEB offset area and publication

Case Study 1

Adjacent Landowner clears roadside vegetation in excess of the Regulations

• Excessive clearance for accessing property

• Legal Advice that a 31e Enforcement Notice can be issued on an adjacent landowner to prevent further clearance

• Council then has the ability to take separate action against the landowner

Case Study 2

Contractor clears roadside vegetation without NVC approval

• Clearance of road side vegetation for a slip lane

• Civil Proceedings resulted in a payment into the NVC Fund

Regulations

Common Regulations that may apply to roadside clearance

• Clearance for fence lines

• Pest Control - animal and plant

Compliance and Monitoring Team Contacts

• Native Vegetation & Biodiversity Management Unit: 08 8303 9777

• Compliance and Monitoring Team E-mail: [email protected]

• Fax: 8303 9780

• Postal Address: GPO Box 1047, ADELAIDE SA 5001

THANK YOU

Any questions?

Overview of Native Vegetation

Fire Regulations for

Council Managed Land

Native Vegetation Council (NVC) Fire Committee The NVC has delegated certain functions to Committees.

Administration of fire related matters are dealt with by the NVC Fire Committee. Membership consist of:

• NVC Member (chair),

• SA CFS Member and

• LGA Member.

Clearance definition under the Native Vegetation Act includes any activity that might damage or destroy native vegetation - includes burning.

The NV Regulations for Fire Prevention

• Define circumstances, where

native vegetation may be

cleared.

• Contain mechanisms to allow

reasonable, necessary

clearance.

• Regulation 5(1)(K) and 5A

provide provision for bushfire

protection works.

If Clearance of Native Vegetation is not Exempt

• Landowner will need to lodge an

application to the NVC.

• For advice contact the Native

Vegetation & Biodiversity

Management Unit (NV&BMU)or

visit the DEWNR website at:

http://www.environment.sa.gov

.au/nativevegetation

If Clearance of Native Vegetation is not for Bushfire Prevention

Works may best fit under the one of the following Regulations:

• 5(1)(y) Management of Roadside Vegetation or

• 5(1) (d) (new or infrastructure upgrades, includes widening

or new roads),

• 5(1)(lb) (public safety -roads, railway)

Bushfire Management Changes

Amendments to Fire Regulations in September 2009 resulted in:

• A new Regulations 5A Clearance for Fire Prevention and Control and amended Regulation 5(1)(k) Clearance around a prescribed building or structure.

• SA CFS being recognised as the lead agency and authority on providing advice for life and asset protection and adoption of cross agency process.

• The Guide ‘Managing Native Vegetation to Reduce the Impact of Bushfire’ was developed for landowners.

• The State Bushfire Coordination Committee (SBCC) approves Regional Bushfire Management / Area Plans.

• The newly established Ecological Technical Reference Group (ETRG) to provide advice on environmental matters as requested by the SBCC.

• NVC Fire Committee still endorse fire management plans (FMP) with a biodiversity focus, i.e. Regional DEWNR FMP’s, SA Water Reserve FMP’s, HA FMP’s & other property FMP’s.

Summary of Fire Regulations Applicable To Council Managed Lands

Roadside vegetation is a valuable asset providing amenity benefits, habitat corridors and resources for native wildlife. Managing roadside vegetation to reduce the impact of bushfire involves careful planning across the landscape.

Clearance is in accordance with the direction of an officer of the:

• SAMFS (section 42 Fire and Emergency Services Act 2005 (FES Act))

• SA CFS (section 82 or 97 FES Act)

• SES (section 118 FES Act)

• a responsible officer (section 83 FES Act), or

• with the written approval of the Chief Officer SA CFS

All Lands Bushfire Emergency Provision - Regulation 5A

In accordance with:

● a Bushfire Management Plan (BMP) (or BMP Area Plan (BMAP)) (applicable to road reserve land) or

● an application to the SA Regional CFS Prevention Officer

● an NVC endorsed standard operating procedure (SOP) prepared for:

— NPWSA Lands, or

— on land declared by the Minister and listed in Gov. Gazette (such as ForestrySA and SA Water land).

Reducing Fuel Loads by Modifying or Clearing Native Vegetation – Reg 5A

Clearance of a fuel break on a road

reserve

Bushfire Management Plan /Area Plan

is the most appropriate mechanism

(Fire and Emergency Services Act

2005)

Fuel Break

Fuel Breaks Regulation 5A – other than Road Reserve

• 5m fuel break along a fence line (provided there are no cleared areas within 200m or is specified in a approved bushfire management plan (BMP)).

• 7.5m fuel break in gazetted mallee regions can be constructed on a boundary fence line owned by different people (same criteria as above).

Wide Fuel Breaks Reg 5A Fuel break up to 20m on a primary production property located

within a rural council area:

• provided there are no cleared areas within 200m, and

• unless specified in an approved bushfire management plan (BMP)) requires written approval of CFS RPO’s i.e. via an application.

Wide fuel breaks - specified within a strategically planned Bushfire Management /Area Plan.

Clearance needs to:

• align with GAFLC Guidelines and

• either be included in a Bushfire Management Plan or equivalent (reserves or roadsides), or

• with written approval of CFS RPO’s i.e. via an application.

Fire Access Track

All Lands

Bushfire Mitigation Works within Asset Protection Zones

Reg 5(1)(K) enables clearance :

• Around a prescribed building of 20m.

• Around a prescribed structure of 5m.

• Approval of additional clearance (Reg 5A) by application to CFS RPO (approval depends on fuel type and slope).

Seek Advice on:

• NVC approval required for clearance on Heritage Agreement Land.

• Large River Red Gum and River Box trees within the 1956 River Murray Flood Plain zone – NVC approval.

• Regulated and Significant Tree Legislation - applies to Adelaide Hills and parts of Mount Barker Council areas.

Bushfire Planning - Regulation 5A

Bushfire plans are prepared in accordance with the

bushfire management planning structure set out in

the FES Act, for example:

• The SBCC & RBMC’s endorse Council Bushfire

Management Plans (BMP’s) /Area Plans

(BMAP’s).

• District BMP’s along with land management

agency fire management plans (i.e. DEWNR, SA

Water, and ForestrySA) make up the new

Regional BMAP’s currently being developed for

the nine BMA’s in the State.

State Bushfire Management Plan Framework under FESA

ForestrySA Reserve FMP’s

Under SOP

FES Act = Fire and Emergency Services Act 2005

NVC = Native Vegetation Council

SOP = Standard Operating Procedure endorsed by the Native Vegetation Council

SA Water Reserve FMP’s

Under SOP

District Council BMP prepared by RBMC under the FES Act

DEWNR Regional Reserve FMP’s

Under SOP

Other Property FMP’s, (may or may

not require NVC approval)

Bushfire Management Area Plan - RBMC

includes

State Bushfire Management Plan

SBCC

SBCC = State Bushfire

Coordination Committee

RBMC = Regional Bushfire Management

Committee

Strategic Bushfire Management Planning

Includes:

• risk assessment of life, property and environmental assets threatened by bushfires,

• adoption of zoning principles in response to risk assessment planning i.e. Asset Protection Zone (APZ), Bushfire Buffer Zones (BBZ) and Conservation Land Management Zone (CLMZ),

• on ground modification of fuel loads in zones of APZ and BBZ (by burning or mechanical means), strategic placement of fuel breaks and audit of fire access tracks against the GAFLC Guidelines,

• Conservation Land Management Zone protection, avoidance of single fire events by prescribed burning creating a mosaic of vegetation age classes across the landscape, and adoption of appropriate fire regimes for vegetation communities.

NV Reg 5(1)(zi) Clearance for Preserving, Enhancing Ecological Processes

May include prescribed burning on conservation managed lands where there is a specific ecological objective such as:

• management of threatened species and habitat, re vegetation and regeneration programs including maintaining a diversity of vegetation age classes,

• lessoning impacts from wildfires across the landscape, and

• cultural burning and research projects that aim to build knowledge for future management.

Post Fire – Land Management Issues

Consider Weed Control After a Fire Event

Prescribed burning is not an easy way of reducing fuel loads and managing native vegetation in the long term - Post fire weed

management works should be factored into any operational plan.

Post Fire – Land Management Issues

Retaining a modified native vegetation understorey in a Bushfire Buffer Zone on a slope where bare earth clearance is likely to result

in erosion and weed invasion.

Vegetation May be Habitat for Threatened Species

Candlebark Gum (Eucalyptus dalrympleana ssp. dalrympleana) and Manna Gum (E. viminalis ssp. viminalis) rated Rare for the State and Region. Hollows in these trees provide nesting habitat for the Yellow-tailed Black Cockatoo.

Further Information Websites

www.cfs.sa.gov.au

http://www.environment.sa.gov.au/nativevegetation